
85.5K
Downloads
212
Episodes
Sullivan & Cromwell present the S&C Critical Insights podcast. Topics include M&A trends across industries, corporate governance including shareholder activism, litigation, arbitration, products liability, and more.
Episodes

Mar 11, 2022
Mar 11, 2022
8 min
Mehdi Ansari, co-head of S&C’s Intellectual Property & Technology Transactions Group, introduces the core components of publicity rights, which have become a prominent element in the sports, media, entertainment and consumer products industries.
To learn more about this topic, listen to Mehdi’s full webinar, “Emerging Trends in Publicity Rights.” Mehdi builds on his introduction with an in-depth discussion on topics including post-mortem publicity rights, morals clauses, bankruptcy considerations, international enforcement, and other issues that will affect the future of publicity rights.

Mar 4, 2022
Mar 4, 2022
18 min
In this episode of S&C’s Critical Insights, Steve Peikin, Jeff Scott and Julia Malkina discuss recent trends in private securities litigation. Steve is the head of the Firm’s Securities & Commodities Investigations & Enforcement Practice and former co-director of the SEC’s Enforcement Division. Jeff and Julia are co-leads of the Firm’s Securities Litigation Practice. The podcast explores numerical trends in securities litigation filings during 2021, the Supreme Court’s decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, state court proceedings post-Cyan, and other developments.

Mar 3, 2022
Mar 3, 2022
20 min
In this episode of S&C’s Critical Insights, Steve Peikin, Jeff Scott and Julia Malkina discuss developments in the SEC’s enforcement priorities. Steve is the head of the Firm’s Securities & Commodities Investigations & Enforcement Practice and former co-director of the SEC’s Division of Enforcement. Jeff and Julia are co-leads of the Firm’s Securities Litigation Practice. They offer practical guidance for handling of enforcement investigations in light of the new presidential administration and recent enforcement trends.
Visit us at www.Sullcrom.com

Feb 4, 2022
Feb 4, 2022
9 min
In this episode of S&C’s Critical Insights, Ryan Logan and Daniel Stern discuss privacy considerations that arise when engaging vendors involved in preventing and responding to data breaches. Ryan and Daniel describe the life cycle of an incident, including pre-incident planning, following privacy principles during a breach response and addressing the return or destruction of data at the end of the engagement.
Visit us at www.SullCrom.com

Jan 12, 2022
Jan 12, 2022
9 min
In this episode of S&C’s Critical Insights, Melissa Sawyer and Lauren Boehmke analyze trends in shareholder activism from the past year. They explore several key themes, including the increase in public activism during the 2021 proxy season, ESG as a primary activism campaign objective, a rise in settlement agreements, and recent regulatory developments. They also highlight a few trends that are likely to shape this area in 2022 and beyond.
For more information about this topic, read S&C’s memo on the Review and Analysis of 2021 U.S. Shareholder Activism and Activist Settlement Agreements.

Jan 11, 2022
Jan 11, 2022
15 min
In this episode of S&C’s Critical Insights, Senior M&A Partner Frank Aquila and Global Head of M&A Melissa Sawyer look back on global M&A activity during 2021 and discuss deal making expectations in 2022. Frank and Melissa explore the factors that made 2021 a historic year for M&A deal making—including the SPAC phenomenon, the splitting of major conglomerates, the rise of ESG as a catalyst for deals and the recovery from the pandemic-induced downturn. They further examine how these trends will continue to develop in the new year.
Visit us at www.Sullcrom.com

Jan 10, 2022
Jan 10, 2022
24 min
In this episode of S&C’s Critical Insights, John Savva and Sarah Payne discuss non-GAAP financial measures, numerical measures of a company’s financial performance, and financial position or cash flows that are not determined under GAAP. Sarah and John also explore the SEC’s requirements applicable to non-GAAP financial measures, some key areas to focus on in the presentation of these financial measures and the importance of complying with the various requirements that apply to non-GAAP financial measures.

Dec 14, 2021
Dec 14, 2021
17 min
In this episode of S&C’s Critical Insights, Andy Dietderich and Melissa Sawyer discuss how their disciplines of M&A, corporate governance and restructuring combine to protect public company directors during a liquidity crisis. They explore director duties in what used to be called the “Zone of Insolvency,” with a focus on current Delaware law. They also discuss hypothetical situations in which directors might find themselves while steering a distressed company through a storm.

Dec 8, 2021
Dec 8, 2021
11 min
In this episode of S&C’s Critical Insights, Vanessa Blackmore, Ben Perry and Kirsten Rodger discuss whether Brexit has changed thinking about which law should govern a contract, and which courts should have jurisdiction over disputes. They explore why English governing law remains just as valid a choice as it did before Brexit and why the English courts continue to be well placed to handle disputes that arise.
Visit us at Sullcrom.com

Dec 6, 2021
Dec 6, 2021
8 min
In this episode of S&C’s Critical Insights, Sarah Payne and Cathy Clarkin discuss the latest developments relating to 10b5-1 trading plans. They explore several proposed reforms by the SEC, which include a cooling off period between entering a newly adopted or modified plan and making an initial trade, a prohibition on overlapping plans and mandatory disclosure requirements. They also discuss considerations relating to current plans given the prospect of these pending rules.
Please visit us @ Sullcrom.com
