S&c Critical Insights

In the fourth episode of S&C’s Supreme Court Business Review series, hosts Judd Littleton and Julia Malkina are joined by Tony Lewis and Kamil Shields to discuss two technology-related decisions from the past Term. In Van Buren, the Court limited the application of the Computer Fraud and Abuse Act to exclude defendants who access information for an improper purpose that they are otherwise authorized to access. The Facebook decision narrowed the meaning of “automatic telephone dialing system” in the Telephone Consumer Protection Act, significantly reducing the scope of conduct prohibited by that Act. Tony and Kamil discuss the impact of these decisions for companies, government officials and law enforcement.

In this episode of S&C’s Critical Insights, Annie Ostrager and Kamil Shields discuss recent activity by the U.K. Financial Conduct Authority and how its approach toward whistleblowers differs from its U.S. counterpart. Annie and Kamil discuss the FCA’s increased focus on non-financial misconduct, such as sexual harassment. They also provide an overview of a new whistleblowing campaign launched by the FCA, “In confidence, with confidence,” and touch on related legislative activity. Finally, they discuss the implications of this government activity for non-U.S. banks and commercial organizations.   Annie and Kamil earlier discussed the increased focus by U.S. agencies on the use of whistleblowers in investigations involving alleged money laundering and corruption. Listen to that episode here.

In the third episode of S&C’s Supreme Court Business Review series, hosts Judd Littleton and Julia Malkina are joined by Sharon Cohen Levin, former head of the Money Laundering and Asset Forfeiture Unit in the U.S. Attorney’s Office for the Southern District of New York, to discuss the Supreme Court’s recent decision in Federal Republic of Germany v. Philipp.   The case considered whether an exception to the Foreign Sovereign Immunities Act allowed the heirs of a group of Jewish art dealers to bring a lawsuit against Germany in U.S. federal court based on the Nazi regime’s expropriation of German medieval relics. The Court held that the heirs’ claim did not fall within the FSIA’s expropriation exception and therefore was barred by sovereign immunity.   Sharon shares the implications of this decision for future FSIA litigants, including heirs of Holocaust victims and victims of other genocides seeking to recover property taken by foreign governments.   Visit us at Sullcrom.com

In the second episode of S&C’s Supreme Court Business Review series, hosts Judd Littleton and Julia Malkina are joined by Bill Monahan, head of the Firm’s Products Liability & Mass Torts Group, to discuss the implications of two important business decisions from the October 2020 Term. In Ford Motor Company v. Montana Eighth Judicial District Court, the Supreme Court gave further guidance on when state courts can exercise specific personal jurisdiction over nonresident defendants. In TransUnion v. Ramirez, the Court addressed the concrete harm requirement for Article III standing in the context of unnamed class members.

In this episode of S&C’s Critical Insights, Annie Ostrager and Kamil Shields discuss the recent increased focus by the Department of the Treasury, the Securities and Exchange Commission, and the Department of Justice on the use of whistleblowers in investigations involving alleged money laundering and corruption. Annie and Kamil address the role of whistleblowers in these matters from multiple angles, including regulatory, criminal and employment perspectives.

In this episode of S&C’s Critical Insights, David Rein and Julia Malkina discuss the Supreme Court’s recent grant of certiorari in Pivotal Software v. Zhung Tran. The issue before the Court is whether the automatic stay of discovery pending a motion to dismiss for securities actions in federal court also applies in state court. David and Julia discuss how this issue has been decided in state courts, the key issues and arguments likely to be presented to the Supreme Court, and the implications that might result from the Court’s eventual decision. Visit us at www.sullcrom.com

In this episode of S&C’s Critical Insights, litigation partners Judd Littleton and Julia Malkina introduce the second annual podcast series accompanying S&C’s Supreme Court Business Review. The Review summarizes the decisions from each Term that are most relevant to business leaders, and offers practical guidance on the implications of those decisions.   Judd and Julia preview upcoming episodes and discuss two of the most interesting and closely watched business-related decisions from this Term: the Court’s June 23 decision in Collins v. Yellen, in which the Court considered a constitutional challenge to the statutory limits on the President’s ability to remove the director of the Federal Housing Finance Authority; and the Court’s June 17 decision in California v. Texas, in which the Court considered another legal challenge to the constitutionality of the Affordable Care Act.   Visit us at www.sullcrom.com

In this episode of S&C’s Critical Insights, Renata Hesse, former Acting Assistant Attorney General of the Antitrust Division at the Department of Justice, and Sophie Vandergrift, former attorney in the Mergers IV Division of the FTC’s Bureau of Competition, discuss a flurry of recent developments at the U.S. antitrust agencies—including the confirmation of Big Tech critic Lina Kahn to the Federal Trade Commission—and the potential implications for companies engaged in M&A activity or who may otherwise be subject to antitrust scrutiny.   Visit us at www.sullcrom.com

Rodge Cohen, Karen Seymour and Jay Clayton discuss what board directors need to be focused on in 2021 in a S&C Critical Insights podcast. All three agreed that the “first, indeed, existential issue for every board” is cybersecurity. “The number of cyber attacks and their sophistication is increasing exponentially,” Rodge observed. Jay agreed, adding that “every company should have a regularized approach for the board to be informed about and consider its company’s cyber profile, the threats, the potential attacks, and the defenses.” Karen said that companies should always be preparing for and considering how they would respond to a potential cyber attack. “All of this should have been rehearsed,” she said, so that if an attack occurs, “this isn’t the first time you are thinking what would happen in a crisis.” The partners also discuss topics ranging from ESG issues to executive compensation to the independence of board leadership.

In this episode of S&C’s Critical Insights, Aisling O’Shea, co-head of the Firm’s FCPA and Anti-Corruption Group, and Kamil Shields, both members of the Firm’s Criminal Defense and Investigation Group, discuss recent policy statements from the Biden administration on its fight against corruption as a core national security priority. Aisling and Kamil provide an overview of the administration’s recent National Security Study Memorandum, the formation of task forces to operate in the Northern Triangle region, and recent G7 and US/EU statements on collective action from member nations against corruption. In addition to discussing the potential implications of these developments, they also explore how companies, including financial institutions, can start preparing for these anti-corruption initiatives by enhancing their financial crime compliance frameworks in advance of likely increased enforcement by U.S. authorities.

In this episode of S&C’s Critical Insights, Joe Matelis and Samantha Hynes discuss what employers need to know about the changing antitrust ramifications of no-poach agreements and other agreements affecting employee compensation. They provide a brief background on U.S. antitrust law related to employee compensation, explore the indictments returned by the DOJ in late 2020 and early 2021 involving wage-fixing and no-poach agreements, and discuss steps employers can take to ensure that HR decisions affecting employee compensation comply with updated laws.   Visit us at www.Sullcrom.com

In this episode of S&C’s Critical Insights, Joe Neuhuas and Andrew Finn discuss the U.S. Supreme Court’s decision granting certiorari in Servotronics Inc. v. Rolls Royce PLC. The case concerns the ability of U.S. courts to compel discovery in support of international arbitrations seated abroad and has important practical implications to counsel and users of international arbitration, who frequently favor arbitration because of its limited discovery rules and faster timeframes. The decision has the potential to finally resolve a circuit split over the availability of such discovery in international commercial arbitrations. Joe and Andrew provide context on the case and predict how it might play out in the Supreme Court.

In this episode of S&C’s Critical Insights, Nicky Friedlander, co-head of our Cybersecurity practice, and John Sarlitto discuss the recent ransomware attack on the Colonial Pipeline Company that led to disruption of fuel supplies on the East Coast.  Nicky and John discuss the significance of the attack, the challenges of deterring the perpetrators of ransomware, and what companies can do to avoid and mitigate the harm from a ransomware attack.

In the third and final episode of S&C’s Critical Insights series on energy M&A trends, Global Head of M&A Frank Aquila and partners George Sampas and Werner Ahlers discuss increased deal interest in renewable energy, including opportunities and potential targets. They also compare renewables M&A activity in the United States to other global development initiatives, including in the EU, Asia Pacific and Latin America.

In the second 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 potential M&A trends in the oil & gas sectors throughout the remainder of the year. They explore how the uptick in corporate governance-focused ESG policies and the shifting priorities of capital availability will affect the sector and other traditional and transitional energy sources.

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.

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 multi-project, market and technology risks.

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.

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 implicatio

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.