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S&C Critical Insights
15 minutes | 5 days ago
Energy M&A: The Impacts Under the Biden Administration
In the first episode of S&C’s Critical Insights series on energy M&A trends, S&C’s Global Head of M&A Frank Aquila and partners George Sampas and Werner Ahlers discuss energy dealmaking in 2020 and its prospects looking ahead into 2021. They also explore the early policy moves of the Biden Administration that are likely to impact energy M&A, including President Biden’s pledge to cut U.S. greenhouse gas emissions in half by 2030 and the unveiling of a $2 trillion infrastructure proposal with ample measures to curb climate change.
13 minutes | 7 days ago
Hydrogen: Investment Structuring Considerations
In the second episode of S&C’s Critical Insights podcast series on hydrogen, Craig Jones, Inosi Nyatta and Sam Saunders consider areas where additional government support for hydrogen energy may be needed. They also provide an overview of key investment structuring issues for developers, financiers and counsel aiming to scale up hydrogen sustainably, including multiple project, market and technology risks.
15 minutes | 11 days ago
Hydrogen: An Overview of Current and Proposed Government Policies
In this episode of S&C’s Critical Insights podcast, Inosi Nyatta, co-head of the Firm’s global Project Development & Finance practice, Jon Hannah and Zyad Wright discuss why hydrogen has been pushed to the forefront of the energy agenda. They explore the government policies that are giving it momentum globally, including in the United States, EU, Asia-Pacific and Latin America.
15 minutes | 14 days ago
S&C Critical Insights – Supreme Court Limits FTC’s Remedial Authority in AMG Capital Management v. FTC
In this episode of S&C’s Critical Insights podcast, Alex Willscher, deputy managing partner of the Firm’s Criminal Defense & Investigations Group and Judd Littleton, co-head of the Supreme Court and Appellate Practice, discuss the Supreme Court’s recent decision in AMG Capital Management v. FTC, a ruling the FTC says could “significantly impair” its ability to execute its law enforcement mission. The Justices unanimously ruled that Section 13(b) of the FTC Act does not give the FTC the authority to seek equitable monetary relief, such as restitution or disgorgement. This ruling is a setback to the FTC, which has pursued monetary remedies under Section 13(b) as its main enforcement weapon for decades. The FTC is expected to pursue a legislative fix with Congress as a result of the decision, and may also rely more heavily on other administrative remedies. Following up on their prior podcast previewing the case, Alex and Judd discuss the issues at stake, the Supreme Court’s reasoning and the implications for the FTC and other federal agencies authorized to pursue monetary relief for consumers.
20 minutes | 24 days ago
S&C Critical Insights – Private Securities Litigation: Trends and Emerging Issues
In this episode of S&C’s Critical Insights podcast, Steve Peikin, head of the Firm’s Securities & Commodities Investigations & Enforcement Practice and former co-director of the SEC’s Enforcement Division, and Jeffrey Scott and Julia Malkina, co-leads of the Firm’s Securities Litigation Practice, discuss recent trends in private securities litigation. They explore how the COVID-19 pandemic, an influx of SPAC-driven IPOs, state court proceedings post-Cyan and ESG disclosures are driving emerging issues in this field.
20 minutes | 24 days ago
S&C Critical Insights – SEC Enforcement: Trends and Practice Guidance
In this episode of S&C’s Critical Insights podcast, Steve Peikin, the head of the Firm’s Securities & Commodities Investigations & Enforcement Practice and former co-director of the SEC’s Enforcement Division, and Jeffrey Scott and Julia Malkina, co-leads of the Firm’s Securities Litigation Practice, discuss the priorities of the SEC’s Enforcement Division. They explore recent enforcement trends and offer practice guidance for the handling of enforcement investigations in light of the SEC’s priorities.
12 minutes | a month ago
S&C Critical Insights – Key Considerations for M&A in Post-Brexit UK
In this episode of S&C’s Critical Insights podcast, Ben Perry and Juan Rodriguez discuss key M&A considerations that have arisen since the end of the Brexit transition period. They explore the impact that the end of the transition period has had on merger control notifications, recent updates from the UK Competition and Markets Authority, and the long-running process of “onshoring” EU law into UK domestic law.
10 minutes | a month ago
Industry and Regulatory Considerations for Healthcare Company Boards
In this episode of S&C’s Critical Insights podcast, Frank Aquila, Global Head of M&A, and Melissa Sawyer, co-head of our Corporate Governance & Activism practice, examine industry and regulatory trends that will shape boardroom discussions at healthcare companies. Frank and Melissa discuss how regulatory activity in other sectors might inform the healthcare industry’s interactions with regulators. They also explore what boards should be thinking about as companies prepare to announce large healthcare acquisitions. For more information, visit us at Sullcrom.com.
9 minutes | a month ago
S&C Critical Insights – Industry and Regulatory Trends for Health Insurers
In this episode of S&C’s Critical Insights podcast, Frank Aquila, Global Head of M&A, and Keith Pagnani, co-head of our Healthcare & Life Sciences group, examine industry and regulatory trends related to health insurers that will shape healthcare M&A. Frank and Keith discuss the rise of vertical mergers in the healthcare industry and why this trend continues to accelerate. They also explore how the shift to a value-based care system under the Affordable Care Act is incentivizing the removal of siloes in the healthcare industry.
11 minutes | 2 months ago
S&C Critical Insights – Industry and Regulatory Trends in Pharmaceutical M&A
In this episode of S&C’s Critical Insights podcast, Frank Aquila, Global Head of M&A, and Matt Hurd, co-head of our Healthcare & Life Sciences group, examine industry and regulatory trends that will reshape pharmaceutical M&A in the coming years. Frank and Matt explore how innovation continues to drive new deal-making opportunities in the pharmaceutical industry, most recently in the development of non-traditional vaccine technologies. They also discuss the current deal landscape in pharmaceutical M&A and what we can expect from the market in the rest of 2021.
13 minutes | 2 months ago
Will the EU Destroy Investor-State Arbitration?
In this episode of S&C’s Critical Insights podcast, Joe Neuhaus, head of the Firm’s arbitration practice, and Stewart Robertson, co-head of the Firm’s global project development and finance group, discuss the most recent meeting of the United Nations Commission on International Trade Law’s Working Group III, which is evaluating proposed reforms to investor-state dispute settlement (ISDS). Joe and Stewart provide an overview of the existing arbitral model of ISDS, and criticisms of it. They explore a radical proposal being considered by Working Group III to move away from the arbitral ISDS model and towards the creation of a multilateral investment court, a move supported by the European Union.
14 minutes | 2 months ago
Hot Topics in Healthcare Antitrust
In this episode of S&C’s Critical Insights podcast, Matthew Hurd, a leader of the Firm’s pharma and life science practice, and Sophie Vandergrift, a leader of the Firm’s antitrust in this area, discuss hot antitrust topics in healthcare M&A. They explore how pharmaceutical and biotech combinations are likely to be affected by the Biden/Harris administration’s approach to antitrust. They also discuss the antitrust reform bill recently introduced by Senator Amy Klobuchar.
13 minutes | 2 months ago
Early Settlement Offers and Offers of Judgment in Products Liability Cases
In this episode of S&C’s Critical Insights podcast, Bill Monahan, head of the Firm’s Products Liability & Mass Torts Group, and associate Andrew Kaufman discuss two often overlooked, but important tools in defending against consumer fraud claims in products cases: early settlement offers and offers of judgment. Bill and Andrew explore the strategic benefits and challenges of deploying these as risk-shifting litigation defense tactics.
10 minutes | 3 months ago
S&C Critical Insights – Federal Banking Agencies Propose Required Cyber Incident Notifications
In this episode of S&C’s Critical Insights podcast, Jared Fishman, a partner in S&C’s Financial Services and Capital Markets Groups, and Tony Lewis, special counsel in S&C’s Litigation Group and Cybersecurity practice, discuss a rule proposed by the Federal Reserve, the OCC and the FDIC to address cybersecurity incidents. The proposed rule would require banking organizations to notify their regulator of certain kinds of cybersecurity incidents, and also require bank service providers to notify their banking-organization customers when they experience cybersecurity incidents. Jared and Tony discuss some of the background for this proposal, the new requirements this proposal would impose, and takeaways for organizations that could be affected.
17 minutes | 4 months ago
S&C Critical Insights – FTC Authority To Obtain Monetary Relief May Be Under Threat
In this episode of S&C’s Critical Insights podcast series, Alex Willscher, deputy managing partner of the Firm’s Criminal Defense and Investigations Group, is joined by Judd Littleton, co-head of the Firm’s Appellate Practice. Alex and Judd discuss a Supreme Court case from this Term, AMG Capital Management, LLC v. FTC, which concerns what the Federal Trade Commission describes as two of its most important and effective enforcement tools—restitution and disgorgement. They cover how the FTC has historically pursued monetary penalties to combat alleged violations of the FTC Act and what the ruling might mean for the agency’s enforcement strategy going forward.For more information on this topic, read Alex and Judd’s recent expert analysis in Law360, here.
9 minutes | 5 months ago
S&C Critical Insights – Mixed-use Arena and Stadium District Real Estate Development
In this episode of S&C’s Critical Insights podcast series, Pavan Surapaneni, partner in S&C’s Sports & Entertainment Group and Commercial Real Estate Group, is joined by associate Rich Le Page to discuss investments by professional sports teams in mixed-use arena and stadium district real estate development projects. As a growing number of teams in each of the major professional sports leagues continue to take leading roles in mixed-use projects, Pavan and Rich explore why these projects might be attractive to teams. They also provide key considerations for a team once it decides to get involved in a project and what the future might look like for these projects in general.
8 minutes | 5 months ago
S&C Critical Insights – Annual Overview of Activism Trends
In this episode of S&C’s Critical Insights podcast series, Melissa Sawyer, co-head of S&C’s Corporate Governance & Activism Practice, and associate Lauren Boehmke provide an overview of U.S. activism trends they expect to persist into 2021. They cover the impact of the COVID-19 pandemic on activism campaigns in the spring of 2020 and look forward to how companies might get back to “business as usual” in the new year. They also discuss the convergence of strategy between activist investors and private equity funds, who are increasingly willing to borrow from each other’s playbooks. Finally, they explore how activists might look to capitalize on the ESP trend that has dominated corporate governance discourse among institutional investors. Download S&C’s 2020 U.S. Shareholder Activism Review
17 minutes | 6 months ago
Our Commitment to Pro Bono Work
13 minutes | 6 months ago
S&C Critical Insights – An Overview of the Equator Principles 4
In this episode of S&C’s Critical Insights podcast series, Inosi Nyatta, co-head of S&C’s global Project Development & Finance practice, and associate Sarah Mishkin discuss the Equator Principles, one of the most widely adopted environmental, social and governance (ESG) standards in the financial sector. Inosi and Sarah provide an overview of Equator Principles 4, released October 1, 2020. Inosi and Sarah also explore key changes arising under the updated Equator Principles, as the focus on ESG considerations grows. Finally, they discuss how project sponsors and developers might adapt to the updated Equator Principles, as more stringent environmental and social responsibility requirements now apply to a wider range of projects and financing transactions.
23 minutes | 6 months ago
S&C Critical Insights – Treasury Department Advisories on Ransomware Attacks
In this episode of S&C’s Critical Insights podcast series, Nicky Friedlander, co-head of S&C’s Cybersecurity Practice, and Eric Kadel, co-head of the Firm’s Economic Sanctions and Financial Crime practice, are joined by associate Trevor Chenoweth to discuss two recent Treasury Department advisories on payments made in connection with ransomware attacks. Nicky and Eric provide an overview of ransomware, malicious software used by cybercriminals to encrypt computer systems and data until a demand for ransom is paid. They explain the new advisories issued by the Financial Crimes Enforcement Network concerning the need for financial institutions to detect and report ransomware payments, and by the Office of Foreign Assets Control concerning the risks of transacting with sanctioned parties in connection with ransomware attacks. Nicky and Eric explore why both agencies have released these advisories, what banks should do if they know a requested payment will be made in connection with a ransomware attack, and potential future enforcement in this area.
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