MoFo Perspectives Podcast: Recent Episodes
Morrison & Foerster LLP (MoFo)
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Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the thirteenth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.
In this episode of the Above Board podcast, hosts Scott Lesmes and Haima Marlier are joined by Morrison Foerster partners Trevor Levine and Ryan Adams to examine the rapid rise of prediction markets and the governance, compliance, and enforcement questions they raise for public companies. Trevor explains how prediction markets operate, why they fall under CFTC jurisdiction, and the regulatory safeguards built into these markets. Ryan then explores the insider trading and anti-fraud risks prediction markets create for public companies, particularly where employees may trade on confidential or non-public information tied to corporate events. The discussion closes with practical guidance for boards and legal teams, including why companies should proactively update insider trading policies, codes of conduct, and employee training to expressly address prediction market activity.
In this episode of our Data, Cyber + Privacy PLUS podcast, hosts Kaylee Cox Bankston and Boris Segalis continue their conversation with Georgina Merhom, data scientist and founder of SOLO. They explore the structural gaps in today’s financial data ecosystem, the importance of data traceability, and how evolving ownership models are reshaping the economics of data.
Scott Lesmes and Haima Marlier are joined by Morrison Foerster Securities Litigation partners Jamie Levitt and Ryan Keats to discuss what public companies can expect in securities litigation and enforcement in 2026.
The 25th episode in this series focuses on “Looking Ahead: What’s Next for Responsible Business in 2026,” featuring Aron Cramer, President and CEO of BSR, in conversation with Suz Mac Cormac, co-chair of the Sustainability + Corporate Responsibility and Social Enterprise + Impact Investing practices at Morrison Foerster.
Healthcare Regulatory and Compliance Group. Together, they discuss the evolving role of artificial intelligence (AI) within the FDA and its implications for the life sciences industry. They address how the FDA is beginning to integrate AI tools like “Elsa” to improve efficiency in inspections, data analysis, and safety monitoring. Brigid also explores key regulatory and compliance challenges surrounding AI-driven clinical decision support software, emphasizing the importance of explainability and human oversight. The conversation closes with an examination of the FDA’s new approach to releasing complete response letters, and how this increased transparency may reshape industry strategies for engagement with the agency.
In this episode, hosts Kaylee Cox Bankston and Boris Segalis discuss their latest favorite uses of AI and the new CCPA developments before sitting down with Georgina Merhom, data scientist and founder of Solo, for the first installment of a two-part conversation exploring the foundations of trustworthy data and AI in financial services.
In this episode of our Data, Cyber + Privacy PLUS podcast, hosts Kaylee Cox Bankston and Boris Segalis sit down with Carrie Cordero, General Counsel and Robert M. Gates Senior Fellow at the Center for a New American Security, for a thought-provoking conversation about the emerging AI regulatory landscape, the bipartisan push to strengthen cybersecurity, and the growing influence of private-sector innovators in shaping national security policy.
The 24th episode in this series focuses on a “2025 Climate Week NYC Debrief,” featuring Helen Clarkson, CEO of Climate Group, in conversation with Aron Cramer, President and CEO of BSR.Helen and Aron provide their insights on a debriefing of the events of Climate Week NYC 2025. Their discussion also delves into actionable insights and innovative approaches to sustainability, with a particular emphasis on technology-driven climate action, supply chain transformation, sustainable investment, and nature-based solutions.
Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the eleventh episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.
MoFo’s Privacy + Data Security Practice Group introduces PDS+, a new podcast series dedicated to exploring the intersection of privacy, cybersecurity, and emerging technology through the lens of startups and venture capital, hosted by MoFo partners Kaylee Cox Bankston and Boris Segalis.In the second installment of this two-part episode, hosts Boris and Kaylee continue their conversation with Axios Publisher Nick Johnston on the impact of artificial intelligence, the regulatory environment, and the strategies that companies are using to stay ahead in a competitive and complex marketplace.
Welcome to the inaugural episode of PDS+, a new podcast series hosted by Morrison Foerster partners Kaylee Cox Bankston and Boris Segalis. The podcast is dedicated to exploring the intersection of privacy, cybersecurity, and emerging technology through the lens of startups and venture capital. Our hosts engage with leading voices from the data-driven startup ecosystem, including founders, general counsel, CISOs, investors, and other key players from innovative companies and venture capital fundsEach episode of PDS+ will feature candid conversations and expert insights on the rapidly evolving landscape of data protection, digital risk, and technological innovation. Listeners can expect practical perspectives on the challenges and opportunities facing data-centric businesses, as well as thoughtful analysis of current trends in privacy and cybersecurity.In this two-part opener, Boris and Kaylee talk with Nick Johnston, founder of Axios, and Morrison Foerster partners Tiffany Cheung and Marijn Storm. Join us as we kick off the series with a timely discussion on the impact of artificial intelligence, the regulatory environment, and the strategies that companies are using to stay ahead in a competitive and complex marketplace.
In this episode of the Above Board podcast, host Scott Lesmes is joined by Morrison Foerster partner and former SEC Division of Corporation Finance staffer Ryan Adams to recap major trends from the 2025 proxy season. They explore key considerations for boards, including the impact of federal government actions on corporate DEI policies, the SEC’s updated guidance on shareholder proposals, and voting trends, with a particular focus on ESG proposals.
The 23rd episode in this series, focusing on “Responsible Technology,” featured Mohamed Nanabhay, Managing Partner at Mozilla Ventures, and Stephanie Sharron, MoFo Partner and experienced Technology Transactions attorney, in conversation with Hannah Darnton, Director of Technology and Human Rights, BSR.Mohamed, Hannah, and Stephanie explored how responsible innovation can be advanced through thoughtful investment, legal frameworks, and cross-sector collaboration. Their discussion also focused on how stakeholders can reshape the future of technology, safeguarding digital rights, promoting data ethics, and building business models that align innovation with societal impact.
Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the tenth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.In this episode, Kate and Nate have a compelling discussion with Daralyn Durie, a partner in Morrison Foerster’s Life Sciences and IP Litigation Groups recognized as one of the country’s leading trial lawyers. Their conversation delves into the complexities of trial practice within the life sciences sector, highlighting the strategic considerations that drive companies to pursue litigation despite the inherent risks and costs.
Ahead of the 2025 NATO Summit, hosts Lokke Moerel and Miriam Wugmeister spoke with the top expert about hybrid threats, strategic defense, and the shifting digital battlefield.
Ahead of the 2025 NATO Summit, hosts Lokke Moerel and Alex van der Wolk speak with top experts and policymakers about hybrid threats, strategic defense, and the shifting digital battlefield.
Brandon Van Grack, former senior official at the U.S. Department of Justice and chair of MoFo’s Global National Security practice, joins our hosts to explore the seismic impact of the Trump administration on U.S. foreign policy and security. Bringing over a decade of experience monitoring national security threats in China and Russia, Brandon takes us through top-of-mind issues: from cyber offensive actions and NATO military command to tariffs, export controls, and sanctions. How aligned are U.S. and EU interests today? How should international businesses navigate?
When Your Life Sciences Are on the Line: False Claims Act by Morrison & Foerster LLP (MoFo)
State attorneys general (State AGs) are becoming increasingly active in the realm of antitrust enforcement, focusing on mergers, monopolization, and ESG-related cases. In recent years, state AGs have taken assertive roles in challenging major mergers, such as JetBlue’s attempted acquisition of Spirit Airlines and Kroger’s attempted acquisition of Albertsons. These actions highlight a trend of state AGs bringing their own cases in state courts, sometimes parallel to federal enforcement efforts. State AGs have also been at the forefront of monopolization cases, particularly against big tech companies, and have challenged algorithmic pricing and data sharing arrangements. Additionally, ESG-related antitrust actions have emerged, with red state AGs investigating financial institutions supporting environmentally conscious investing.In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Megan Gerking, partner in the firm’s global Antitrust Law practice, discuss the current state of antitrust enforcement by state AGs and what to expect in 2025. They explore the potential for state AGs to continue active participation in merger and conduct investigations, possibly filling perceived gaps in federal enforcement under the new Trump administration. Listen to the episode to gain a deeper understanding of the future of state AG enforcement in the antitrust arena.
The 21st episode in this series focuses on “Decoding the EU Omnibus Legislation in Sustainability and Governance,” featuring Aron Cramer, President and CEO, BSR; Christine Diamente, Managing Director of Transformation, BSR; and Paloma Muñoz Quick, Director of Human Rights Standards, BSR. They were in conversation with Susan Mac Cormac, co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo.Suz, Aron, Christine, and Paloma unpacked the complexities of the Omnibus legislation, which is shaping the future of sustainability and corporate governance on a global scale. Their discussion also delved into the regulatory landscape, key implications for businesses, and how organizations can adapt to these comprehensive sustainability standards.
In the realm of False Claims Act (FCA) enforcement, state attorneys general (AGs) are increasingly collaborating with federal authorities and fellow state AGs to address allegedly fraudulent activities. Companies operating across multiple states are under heightened scrutiny, particularly in the healthcare sector, where compliance with regulations is critical. The United States Department of Justice (DOJ) highlighted this collaboration with state AGs in its announcement of FCA recoveries last year, noting that DOJ is working closely with state AGs to recover funds for both federal and state Medicaid programs. There also has been increased coordination targeting third-party investors, such as private equity and venture capital firms, to ensure that they conduct thorough due diligence and maintain robust compliance programs when investing in healthcare companies. This increased coordination aims to hold all parties accountable, from healthcare providers to their financial backers, in preventing and addressing alleged fraud.In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Adam Braverman, a partner in the Investigations + White Collar Defense Group, examine the current dynamics of state AG enforcement under the FCA. They explore the implications of multijurisdictional investigations and the growing involvement of third-party investors in healthcare fraud cases. Their discussion provides valuable insights for companies navigating these complex legal challenges, highlighting the importance of proactive compliance measures and strategic responses to enforcement actions. Tune in to the podcast to gain a deeper understanding of the future of state AG enforcement in the FCA arena.MoForecast is a podcast series discussing enforcement and policy trends we can expect from the new presidential administration. This episode continues our focus on state AGs, which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.
As the Consumer Financial Protection Bureau (CFPB) faces uncertainty, state attorneys general (state AGs) are poised to fill the enforcement gap in consumer financial protection. With the CFPB’s future in question, state AGs are expected to intensify their focus on consumer protection laws, particularly in areas such as lending, credit, and alternative financial products. This shift will likely impact companies operating in the financial services sector, as state AGs leverage their broad jurisdictional powers to address practices they deem harmful to consumers.In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Maria Earley, former CFPB enforcement attorney and member of the Financial Services Group, delve into state AG enforcement of consumer financial protection. They discuss the anticipated areas of focus for state AGs, including the regulation of Fintech partnerships and alternative credit products. Their conversation offers critical insights for companies facing these regulatory challenges, emphasizing the importance of monitoring consumer complaints and maintaining compliance with state laws. Tune in to the podcast to gain a deeper understanding of the future of state AG enforcement in consumer financial protection.
As we continue into 2025, state attorneys general (AGs) will play a pivotal role in shaping environmental policy and enforcement. With anticipated resistance to environmental regulation rollbacks and a continued focus on climate change litigation, understanding these trends is crucial to manage risk and ensure compliance.In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Bill Tarantino, leader of MoFo’s global Environmental practice, discuss predicted trends in state AG environmental enforcement for 2025. They explore the differing priorities between Democratic and Republican AGs, with Democratic AGs likely pursuing aggressive climate policies, while Republican AGs focus on challenging regulatory overreach and emphasizing fiduciary duties in ESG practices. Despite these differences, bipartisan efforts are expected to address critical public health issues such as clean drinking water, with a particular focus on lead and PFAS chemicals. These trends also highlight the importance of staying informed and prepared for the challenges and opportunities that lie ahead.
The 20th episode in this series focuses on “The Rise of Climate Litigation,” featuring Michael Gerrard, Professor, Founder, and Faculty Director of the Sabin Center for Climate Change Law, in conversation with William F. Tarantino, partner in the Climate Change and Environmental Litigation + Regulatory practices at MoFo.
In this episode of the Above Board podcast, hosts Scott Lesmes and Haima Marlier are joined by Morrison Foerster partners and legal advisors to leading artificial intelligence (AI) companies Marian Waldmann Agarwal and Justin Haan to discuss the evolving governance, legal, and ethical landscape surrounding AI. Marian, co-lead of the firm’s AI Group, and Justin, a member of the AI Industry Committee, provide insight into how companies can implement AI governance frameworks, balance innovation with risk management, and navigate emerging regulations. They explore key considerations for boards, including ethical AI use, regulatory compliance, intellectual property risks, and the importance of ongoing assessments of AI tools. The conversation also looks ahead to the next frontier in AI regulation, including the rise of AI-powered agents and the need for robust oversight mechanisms.
Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the eighth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.
Morrison Foerster partner Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, spoke with Edward Imperatore, a partner in MoFo’s Investigations + White Collar Defense Group, for an episode of MoForecast, a podcast series discussing enforcement and policy trends we can expect from the upcoming administration. This episode continues our focus on state attorneys general (state AGs), which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.In this episode, Carrie and Ed discuss the evolving landscape of securities enforcement by state AGs, highlighting the broad mandate and sweeping authority that state AGs possess under state blue sky laws. They examine key areas of focus for state AGs, including digital assets, artificial intelligence (AI), and traditional securities fraud, where significant enforcement actions were seen in 2024. The conversation also explores the potential impact of the change in presidential administration on state AG priorities. They conclude this episode by sharing their enforcement predictions for 2025, noting their expectation of robust securities enforcement continuing, with an uptick in state enforcement.
The 19th episode in this series focused on “ESG Insights from 2024 and What’s Next for 2025,” featuring María Mendiluce, CEO at We Mean Business Coalition, and Aron Cramer, President and CEO at BSR, in conversation with Susan H. Mac Cormac, Co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo.
Morrison Foerster partner Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, spoke with Christine Wong, a partner in MoFo’s Investigations + White Collar Defense Group, for an episode of MoForecast, a podcast series discussing enforcement and policy trends we can expect from the upcoming administration. This episode continues our focus on state attorneys general (state AGs), which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.In this episode, Carrie and Christine share insights on consumer fraud and the power state AGs have to enforce consumer fraud protection statutes to protect citizens of their state from fraud, waste, and abuse. Together they discuss the various types of conduct state AGs pursued in 2024, such as robocalling, fraudulent charities, and healthcare fraud, and highlight the increased focus on social media platforms, particularly regarding children’s online safety and privacy, and the use of traditional deceptive practice laws to address new technologies like AI. The conversation also touches on the enforcement of consumer protection laws against Chinese technology companies and the bipartisan nature of state AG efforts to protect citizens from perceived threats. They conclude this episode by sharing what trends they predict we’ll see in state AG enforcement in 2025, including continued attention to technology companies and consumer product safety.
Faced with emerging challenges in privacy and cybersecurity, state attorneys general (AGs) are at the forefront of enforcement. Companies face increasing expectations to implement robust cybersecurity programs, promptly notify individuals affected by data breaches, and establish effective monitoring and auditing systems. As new technologies such as wearable tech, brain tech, and gaming platforms emerge, state AGs are focusing on protecting the data generated by these innovations. Additionally, there is growing concern over deepfakes, unauthorized sale of consumer data, and safeguarding children’s online privacy.In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Linda Clark, member of MoFo’s Privacy + Data Security Group, discuss trends and forecasts for state AG enforcement of privacy and cybersecurity. Their conversation offers key compliance takeaways for companies handling consumer data, emphasizing the importance of transparency, consumer choice, and ethical considerations. Listen to the podcast to stay informed and prepared for the future of state AG privacy and cybersecurity enforcement.MoForecast is a podcast series discussing enforcement and policy trends we can expect from the new presidential administration. This episode continues our focus on state AGs, which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.
Listen to our latest MoFounders podcast conversation. In this episode, we are joined by Emma McFerran, CEO at Lyst.Emma discusses her remarkably rare journey from training as a lawyer to becoming CEO of the world's largest fashion search platform, Lyst, and shares invaluable advice that will be relevant to founders at any stage.
Morrison Foerster partners Carrie H. Cohen, global co-chair of the firm’s Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Brian R. Michael, member of the firm’s Investigations + White Collar Defense Group and chair of the firm’s Global Ethics + Compliance practice, hosted an episode of MoForecast, a podcast series discussing enforcement and policy trends we can expect from the upcoming administration. This episode begins our focus on state attorneys general (state AGs), which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.
Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the seventh episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.In this episode, Kate and Nate spoke with Chen Zhu, a partner in Morrison Foerster’s Investigations + White Collar Defense and FCPA + Global Anti-Corruption Groups, and James Koukios, co-head of Morrison Foerster’s FCPA + Global Anti-Corruption Group and former senior deputy chief of the Fraud Section at the U.S. Department of Justice (DOJ). Together, they discussed anti-corruption and Foreign Corrupt Practices Act (FCPA) considerations and enforcement concerns for life sciences companies, especially those operating in both the U.S. and China.
The 18th episode in this series focused on “Sustainability Post-Election,” featuring Anne L. Kelly, Vice President, Government Relations at Ceres, in conversation with Craig D. Martin, Co-chair of the ESG + Sustainability and Investigations + White Collar Defense practices at MoFo.Anne and Craig explored the future of pressing climate-related issues and sustainability in the context of post-election dynamics. Anne shared insights on how the United States can advance a clean energy future in the immediate months and coming years following the U.S. presidential election. Their discussion also covered critical U.S. policy action at the state and federal levels that will be needed to continue momentum for investment in climate solutions, as well as the pivotal role of the private sector in climate action and the just transition to a cleaner, more resilient economy.
Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the sixth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.In this episode, Kate and Nate spoke with Anita Choi, a partner in Morrison Foerster’s Life Sciences + Healthcare and Food + Agriculture Groups, about how new developments in food product innovation and the treatment of obesity have gained attention from government enforcers and regulators. They discuss how the economic potential of cell culture technology in food production could attract attention from regulators and enforcers looking for fraudulent practices like misbranding or adulteration and also how the high demand for weight loss drugs has already fueled a black market for counterfeit medications. Kate and Nate cover recent enforcement actions by the U.S. Department of Justice and Food and Drug Administration to combat fraud and to protect consumers from dangerous products, and explore how these revolutionary technologies may be targeted for enforcement. On a lighter note, Kate, Nate, and Anita also talk about how life sciences companies can protect their intellectual property as they innovate and enter the market.
Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fifth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.In this episode, Nate spoke with Kaylee Cox Bankston, a partner in Morrison Foerster’s Privacy + Data Security Group, about the increased focus on cybersecurity governance from regulators and enforcers, specifically what life sciences companies need to know about the new U.S. Securities and Exchange Commission (SEC) cybersecurity rules for public companies. Nate and Kaylee summarize the reactive and proactive components of the new SEC rules and how to navigate what to disclose following a cybersecurity incident, even in the uncertain early stages of an investigation. In addition to sharing how to put companies in a better position to react when something goes wrong, Nate and Kaylee addressed the recent regulatory scrutiny trends that life sciences companies can anticipate, specifically express legislation, prescriptive requirements, and personal liability for cybersecurity failures.
In this episode of the Diversity in Practice podcast, Boston partner and Latinx Affinity Network liaison, Nate Mendell, shares how his mother’s influence impacted the trajectory of his legal career and helped shape his commitment to diversity and inclusion. Nate also shares his thoughts on how our differences can ultimately provide better service to our clients and how effective mentorship helps those from marginalized communities to find success.
In celebration of International Women's Day, MoFo Singapore hosted a special event titled “MoFo Celebrates Women – #InspireInclusion – An Evening in Conversation with Amanda Chong” on April 23 to discuss Amanda's work on human rights, anti-trafficking, and gender equality, all while being a successful poet and writer.
Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fourth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.In this episode, Nate spoke with Julie Park, Managing Partner of Morrison Foerster’s San Diego office whose practice is focused on product lifecycle and mass torts. Julie and Nate talk about product liability risks for life sciences companies, particularly in connection with the use of artificial intelligence in medical devices. Nate and Julie also discuss potential sources of liability for companies driving these innovations, as well as strategies for avoiding unwanted scrutiny from enforcers and the plaintiffs’ bar. In addition to sharing what safeguards can protect your business when bringing new technology to market, Nate and Julie address what is necessary to manage a crisis in the event that product liability litigation presents itself.
In this episode of the Above Board podcast, hosts Scott Lesmes and Haima Marlier speak with Morrison Foerster partners Carrie H. Cohen, former Assistant U.S. Attorney in the Southern District of New York and Assistant Attorney General in the Civil Rights Bureau of the New York State Attorney General’s Office, and Andrew Turnbull, co-head of the firm’s Employment + Labor Group and DEI Strategy + Defense Task Force, about developments in diversity, equity, and inclusion (DEI) litigation and enforcement. Carrie and Andrew provide their expertise on, among other topics, the increasing challenges to corporate DEI initiatives following the U.S. Supreme Court's decision on affirmative action in college admissions and the implications of anti-DEI activists claims and state attorneys general letters urging Fortune 100 companies to reassess their DEI policies. The episode also provides practical guidance on conducting thorough audits of DEI initiatives, maintaining compliance with evolving legal standards, managing corporate DEI programs amidst legal challenges, and ensuring consistency in DEI communications and disclosures.
Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the third episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.In this episode, Nate spoke with David Shaw, a partner in Morrison Foerster’s Global Antitrust Law Group who formerly served as deputy chief of staff and counsel to the Assistant Attorney General in the Antitrust Division of DOJ, and Eric Tate, chair of Morrison Foerster’s Employment + Labor Group, about how the Federal Trade Commission’s (FTC) final noncompete rule, which was issued on April 23, 2024, will impact life sciences companies. Together, they discuss the practical implications of the new noncompete rule going into effect as early as September of this year and, most importantly, how to protect your company's trade secrets without the safeguard of a noncompete. Additionally, Nate, David, and Eric explored the exceptions to the rule, such as exemptions for: senior executives with noncompetes in place before the rule goes into effect; employees selling their ownership stake in a business for sale or whose assets are for sale; and lesser restrictive covenants, including non-solicitation restrictions, NDAs, and Garden Leave.
Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the second episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders in the space share the insights and advice you need to manage business and legal risk in the life sciences sector.In this episode, Nate spoke with Melissa Crespo, a partner in Morrison Foerster’s Privacy + Data Security Group, about how life sciences companies that use online ad tracking technologies can navigate the complex landscape of privacy laws and regulatory scrutiny related to the potential collection and sharing of health information. Nate and Melissa discuss practical steps companies can take to mitigate the risk of investigation and enforcement. In addition to discussing how ad tracking can run afoul of privacy and consumer protection laws, Nate and Melissa also explored the heightened risks of ransomware attacks for life sciences companies, effective steps to meet DOJ’s cybersecurity standards, and recent DOJ cybersecurity-related enforcement actions involving life sciences companies.
Listen to the podcast conversation with Chief Legal Officer at Maybourne Hotel Group, Jennifer Guilfoyle, and Board Advisor, Guy Hipwell, on what it takes to build a successful brand and the importance of protecting your brand.
In this episode of the Above Board podcast, Morrison Foerster partner and host Scott Lesmes speaks with Morrison Foerster partners Haima Marlier and Michael Birnbaum, both former senior trial counsel at the SEC, and Craig Martin, a former enforcement attorney at the SEC, about recent SEC enforcement activities concerning controls violations. The discussion includes trends and analysis in the areas of internal accounting controls and disclosure controls under the Exchange Act, with takeaways from recent cases including Charter Communications and Activision Blizzard. Also discussed are best practices for maintaining robust compliance programs and navigating the evolving landscape of SEC regulations.
Why should you be concerned with English Anti-Suits (no Harvey or Mike here), French arbitration and Russian proceedings? Join Chiraag Shah and Robin Bachmann on our recent arbitration episode, as they discuss the English Supreme Court’s in the recent Unicredit v RCA decision, and what this may spell for things to come …
Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors in the firm’s Investigations + White Collar Defense Group, host the first episode of their new podcast titled When Your Life Sciences Are on the Line, where leading practitioners and thought leaders in the life sciences sector share the insights and advice you need to manage business and legal risk when your life sciences are on the line.In this episode, Kate and Nate spoke with Jim Krenn, a partner in Morrison Foerster’s Emerging Companies + Venture Capital and Mergers + Acquisitions Practice Groups, about how emerging and established life sciences companies can build and preserve value by protecting their most valuable asset: their trade secrets. Listen in for strategies for emerging and established companies looking to position themselves for growth, for acquisition, and for going public. What are the right steps to take now that technology allows for more sophisticated and less detectable trade secrets theft? What is the value proposition of implementing protections, and what do investors expect now that cyberattacks are prevalent? Topics of discussion also include strategies for scaling compliance programs and data security practices throughout a company’s lifecycle, and preferred strategies for testing existing policies and systems to identify vulnerabilities.
Watch our videocast or listen to the podcast conversation with Fractional CMO Amy Wilson and personal brand guru Matt Swain, on how founders can build a personal brand and the importance of emerging companies of having a well-thought-out marketing strategy.
The legal framework on AI in the UK is in a state of flux, with the UK government’s desire to be a “pro-innovation” hub for AI businesses yet to be underpinned by a clear legal framework. Join AI and Technology partner Charlotte Walker-Osborn and IP partner Steven James to discover some of the areas you need to be thinking about when developing, deploying or using AI systems.
AI is rapidly changing the way we do business. AI presents exciting opportunities for founders and emerging companies but the laws governing AI in the UK are in a state of flux. There are many different laws and guidance to understand and contend with, which can be challenging for emerging businesses.Join AI and Technology partner Charlotte Walker-Osborn and IP partner Steven James to hear about some of the areas you need to be thinking about as a founder, investor or advisor and when to start having those discussions.
The 14th episode in this series focused on “Business Leadership in the Context of 2024’s Elections,” with Aron Cramer, President and CEO of BSR, interviewing Daniella Ballou-Aares, Founder and CEO of the Leadership Now Project.Daniella started the Leadership Now Project in 2017 to focus business leaders on the critical actions required to renew American democracy. Daniella began her career at Bain & Company, working across the firm’s offices in the United States, South Africa, and the United Kingdom. From there she became a founding partner at Dalberg, where she led the Americas business and transformed the startup into the largest social impact strategy firm, with 25 offices worldwide. She spent five years in the Obama administration as the Senior Advisor for Development to the Secretary of State, serving under Secretaries Clinton and Kerry. Daniella’s perspectives have been featured in publications such as the Harvard Business Review, New York Times, Fast Company, and POLITICO, and at the World Economic Forum. Daniella is a member of the Council on Foreign Relations and was a 2014 World Economic Forum Young Global Leader. She holds an M.B.A. from Harvard Business School, an M.P.A. from the Kennedy School, and a B.S. cum laude in operations research and industrial engineering from Cornell.The Leadership Now Project is a membership organization of business and thought leaders taking action to protect and renew American democracy. The organization mobilizes its members’ influence, expertise, and investment for high-impact solutions for American democracy. Leadership Now members are the foundation of the organization, driving action and enabling impact. Founded in 2017 by a group of Harvard Business School alumni, the Leadership Now Project today has members across more than 25 states and collaborates with faculty at 15+ colleges and universities.
More than a quarter of respondents (26%) in our survey say they have left sustainability policies unchanged because of concerns raised by principals or investment professionals; almost as many (24%) cite the concerns of their limited partners (LPs). In this podcast, we discuss the backlash against ESG in the US and how it impacts Asia-headquartered GPs. Should GPs tweak their ESG policies or their implementation to ensure they are acceptable to all LPs? Is it possible to please all LPs?
The thirteenth episode in this series focused on “ESG: Looking Back and Ahead,” with Aron Cramer, president and CEO at BSR, and Susan H. Mac Cormac, co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo.The ESG and impact space witnessed interesting developments in 2023, ranging from new regulations to anti-ESG legislation, litigation, and enforcements. This discussion provided insights and reviewed key events that took place in the ESG and impact space last year, as well as highlighted trends and predictions for 2024 and beyond.
MoFounders Podcast: How to Disrupt an Outmoded Industry and Scale an App Nationwide by Morrison & Foerster LLP (MoFo)
In certain states in the US, the EU and the UK, there is a growing expectation for companies and funds to extend sustainability due diligence throughout their global supply chains. Companies and funds are also facing increasing customer demands with respect to sustainability. In this podcast, we discuss how companies and funds can think holistically about third-party risks, compliance, andsustainability-related subject matters—including steps they can take to balance local compliance requirements with global sustainability requirements applicable in jurisdictions within their supply chain, navigate business relationships in high-risk areas, and partner with subject matter experts on supply chain diligence to provide guidance on redirecting and diversifying their supply chains in new markets.
The vast majority (80% ) of tech and tech-focused respondents to our survey responded that they have adopted or require their portfolio companies to adopt responsible tech policies. Data privacy and cybersecurity appear to be the top concerns of our respondents, particularly as data becomes more and more valuable. However, the risks involved with AI did not seem to be top of their agendas. In this podcast, we discuss what PE funds need to know about: Using personal data in datasets for training generative AI and the impact of new regulations in Asia; and issues related to transferring and using datasets across borders.
“Responsible tech” is a hotly debated topic in the US and Europe, but less so in Asia. Our annual survey of Asia headquartered PE Funds reveals that many require their portfolio companies to apply responsible tech, but also that for many respondents “responsible tech” is synonymous with data privacy and cybersecurity. This narrow approach misses one of the key benefits of the concept of responsible tech—the ability to mitigate business risk in novel areas where regulatory approaches have not yet coalesced. In this podcast, we discuss the concept of responsible tech and illustrate this with practical examples already implemented by Asian companies. We discuss how PE funds can factor responsible tech into their investment decisions and the management of their portfolio companies.
The twelfth episode in this series focuses on “Climate Disclosure Rules: Preparing For Regulatory Oversight,” with Kristina Wyatt, Deputy General Counsel and Chief Sustainability Officer at Persefoni, and Neil Stewart, Director of Corporate Outreach at the International Sustainability Standards Board (ISSB). The discussion was led by Jackie Liu.This year witnessed an unprecedented increase in climate disclosure rules – mandatory and voluntary. The regulations and standards follow increased demands for standardization and reliance on climate-related disclosures by stakeholders, including investors and consumers. As regulations such as California’s Climate Accountability (CCA) package proliferate and the industry coalesces around voluntary standards such as the ISSB’s IFRS S1 and IFRS S2 standards, the importance of preparing and positioning for alignment is apparent. The discussion will provide a comprehensive overview of climate disclosure regulations in the U.S. and EU, specifically the EU’s CSRD, CCA, and the ISSB Standards, along with insights on what is on the horizon and how companies can sufficiently prepare for reporting requirements in this everchanging landscape.
One of the most important issues Entrepreneurs want to know about, is how to make their business more investable to investors. It can sometimes seem a bit of a mystery: why does one business skyrocket and another in the same sector struggles to take off? How do you put your business in the best possible position to secure investment? To find out about this and more join Michanne Steenbergen, an investor in B2B and B2C Tech, and Stuart Alford, Corporate Partner at MoFo, on our first MoFounders podcast.
In our 2022 report, we concluded that sustainability work had become a clear priority for GPs headquartered in Asia, with most organizations devoting increasingly significant resources to this area. However, we also noted that work was at an early stage for many in the region. One year later, this year’s research reveals that further progress has been made. But there is also evidence of concern about the pace of change—many GPs in our research feel uncomfortable with the rapid evolution of sustainability policies. Listen to this podcast to understand the key findings of Asia Funds ESG Survey 2023 in just over eight minutes.
The eleventh episode in this series focuses on “Just Transition: How Companies and Investors Can Ensure an Equitable and Sustainable Future,” with Aron Cramer, President and CEO of BSR, interviewing Kate Gordon, Former Senior Advisor to Energy Secretary Jennifer Granholm at the U.S. Department of Energy (DOE). It is increasingly clear that the energy transition needs to be inclusive, not only to advance equity, but also to bolster the political will to take action. Increasingly, companies are devising just transition strategies to ensure that the energy transition considers questions such as access to clean energy, employment transition for those displaced from the fossil fuel economy, supply chain questions related to resources needed for the clean energy economy, and the means of addressing the economic and environmental harms related to fossil fuel development and deployment. Kate Gordon will join us to share her perspective and expertise based on her experience as a leading climate advisor.
In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn speaks with Edward Imperatore, a partner in Morrison Foerster’s Investigations + White Collar Defense practice group and former Assistant United States Attorney for the Southern District of New York, about the increasing securities enforcement focus on the life sciences and healthcare industry by the Securities and Exchange Commission and Department of Justice. The discussion includes trends and novel theories in the areas of insider trading and accounting and disclosure fraud, with takeaways from recent cases. Also discussed are best practices for public life sciences and healthcare companies to enhance internal controls and mitigate potential risks.
The tenth episode in this series focuses on “How Large Financial Institutions Are Integrating Climate Strategies,” with Suz Mac Cormac, Global Co-chair of the Environmental, Social, and Governance (ESG) and Social Enterprise + Impact Investing practices at MoFo, interviewing Rama Variankaval, Global Head of Corporate Advisory & Sustainable Solutions at J.P. Morgan.
In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn speaks with Linda Clark, partner in Morrison Foerster’s market-leading global Privacy + Data Security Group and former Chief Data Security Counsel for RELX, about the roles of GCs and directors in protecting and maintaining their companies’ cybersecurity and mitigating the damage caused by cybersecurity incidents. In her role at RELX, Linda led the data security legal compliance efforts in over 40 countries and across four different market segments worldwide.
In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses recent developments at the DOJ, the SEC, and the U.S. Attorneys’ Offices regarding a variety of matters that are important for boards of directors and companies to consider when they approach corporate compliance issues with Morrison Foerster Securities Litigation, Enforcement, and White Collar + Investigations partners Adam Braverman, Jina Choi, and Christine Wong, each of whom has previously served in senior positions at either the DOJ or SEC. Topics of discussion include voluntary self-disclosure policies, the preservation of electronic communications, and corporate compensation and clawbacks.
In this episode of MoFo Perspectives, Los Angeles Litigation Partner and co-chair of the Women’s Strategy Committee, Tritia Murata, and managing partner of MoFo’s New York office, Jamie Levitt, discuss the legal implications of recent Supreme Court decisions with NYU Law professors and legal scholars, Professors Melissa Murray and Kenji Yoshino, and author and legal correspondent at Slate, Dahlia Lithwick.
The ninth episode in this series focuses on “Responsible Innovation: Ensuring Ethics in Emerging Technologies,” with Aron Cramer, President and CEO at BSR, interviewing Paula Goldman, Chief Ethical and Humane Use Officer at Salesforce, and Lokke Moerel, Senior Of Counsel, Privacy + Data Security practice and ESG Steering Committee member, at MoFo.
The eighth episode in this series focuses on the “Business Implications of the Supreme Court's Ruling on Affirmative Action” with Michael McAfee, President and CEO at PolicyLink, and Jarrid Green, Co-Director, Center for Business and Social Justice, at BSR. The discussion will be led by Mark L. Whitaker, Co-chair of the Intellectual Property Litigation Practice, and Co-chair of the Diversity Strategy Committee, at MoFo.
In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses shareholder activism with the firm's global Mergers & Acquisitions Group co-chairs, Spencer Klein and Brandon Parris. They discuss the key shareholder activism developments that boards of directors should be considering in 2023, including the latest developments with proxy contests and M&A activism, the rise of the “occasional activist,” the use of ESG considerations in advancing campaigns and the recent implications of the SEC’s universal proxy rule.
In this episode of the Diversity in Practice podcast, San Francisco Litigation partner, Stacey Sprenkel hosts a discussion with happiness coach and lawyer, Rochelle Gapere, about how to increase happiness and meaning in the workplace, cultivate a work culture that increases employee productivity and improve work-life balance.
In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses the U.S. DOJ’s new corporate voluntary self-disclosure policy with Nate Mendell, the former Acting U.S. Attorney for the U.S. Attorney’s Office for the District of Massachusetts and partner in the firm’s Investigations + White Collar Defense practice, and James Koukios, co-chair of the firm’s Securities Litigation, Enforcement, and White Collar Defense group and co-head of the FCPA + Global Anti-Corruption practice. The new policy is intended to incentivize companies to voluntarily self-disclose misconduct to U.S. Attorney’s Offices and remediate misconduct by providing standardized benefits for doing so. The discussion outlines the essential components of the new voluntary self-disclosure policy and the pros and cons to be evaluated in a company’s potential decision to self-disclose.
In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses recent legal developments in human rights that are of concern to the boards of directors of public companies in the US and Europe with attorneys in the firm's Global Ethics + Compliance and FCPA + Global Anti-Corruption practices: San Francisco partner Stacey Sprenkel, London partner Gareth Rees KC, and Berlin partner Patrick Spaeth. In discussing corporate responsibility and risk related to human rights, topics for consideration include: preventing modern slavery, human trafficking, and unsafe working conditions; protecting freedom of association, free expression of faith, and personal data; and the impact of business activities on local communities and environments.
There is a growing interest in ESG-driven investments amongst Asia fund managers, with every respondent to Our Asia Funds ESG Survey 2022 stating that they take ESG criteria into account on investment decisions. However, there is a mismatch between ESG words and deeds in Asia, with many fund managers having investment policies in place that do not necessarily translate into action.This mismatch between ESG words and deeds runs a clear risk of reputational damage, compliance failure, or value decline if fund managers invest in businesses with a weak or overstated ESG record. The responsibility of GPs to get this right for their LPs is very real, and some LPs are starting to demand more reporting on how fund managers are applying ESG in practice. A number of fund managers have already responded by instigating systematic investor reporting on ESG performance, but our survey shows that these are few and far between; there’s some way to go for others to catch up.In this podcast, we explore what ESG expectations LPs have of their GPs on ESG, and how GPs are responding to increasing demands from their LPs.
It has been just over two years since the UK officially exited the EU and we are beginning to see how the UK and the UK Information Commissioner’s Office (ICO) intend to differentiate themselves from the EU approach to restricted transfers (i.e., transfers of personal information to countries that are not recognized as “adequate” for data protection purposes). The changes do not indicate a giant leap away from the EU approach (at least not yet), but the changes are significant enough for companies operating in the UK to take note.
In the first episode of this two-part MoFo Perspectives podcast, MoFo Global Antitrust co-chair Lisa Phelan and of counsel Rob Manoso speak with Employment & Labor partner Andrew Turnbull, along with special guest Matt Bester, Director of Competition Law at Accenture, to discuss the current and emerging trends between antitrust and employment law. Our panel of experts will explore the major developments from 2022, insights toward the coming year, and how companies can mitigate throughout this very uncertain climate.
In the second episode of this two-part MoFo Perspectives podcast, MoFo Global Antitrust co-chair Lisa Phelan and of counsel Rob Manoso speak with Employment & Labor partner Andrew Turnbull, along with special guest Matt Bester, Director of Competition Law at Accenture, to discuss the current and emerging trends between antitrust and employment law. In this part, you can look forward to a deeper dive into the FTC’s recently announced plan to ban all non-compete agreements between companies and employees in any context. Our panel discusses what to expect from both state and federal jurisdictions and how companies can best prepare.
Diversity, equity and inclusion (DE&I) is gaining traction, but for now, only a minority of GPs seem to be taking genuine action on DE&I concerns. Our Asia Funds ESG Survey 2022 shows that 88% of funds communicate DE&I policies internally, but only 33% have made a financial commitment to DE&I and with only 50% saying they are committed to diverse representation among their leaders. In some cases firms in the region are conscious of the increasing regulatory focus on DE&I issues - in areas such as female board representation, for example - and are eager to be seen to be responding. But GPs must be careful they are not simply paying lip service to these ideas. In this podcast we explore the maze of DE&I opportunities and challenges that Asia-headquartered funds are navigating in order to convert policy into action and we hear from Anjali Johannessen, Partner and Chief Talent Officer at PAG, who has led PAG’s women initiative which helped turn DE&I policy into action.
As firms increasingly embrace ESG parameters as part of investment considerations, the importance of investment professional alignment with ESG objectives is featuring prominently in ESG conversations. One of the ways to ensure alignment is by linking compensation to ESG KPIs.
Based on our survey findings, only 14% of the funds surveyed tied investment team compensation to ESG performance and 12% tied executive compensation to ESG performance. Incentives are one of the many ways to signal a firm commitment to ESG alignment across the investment lifecycle, and tying compensation to performance on ESG goals is a proven incentive that has bolstered alignment and performance across investment lifecycles.
In this podcast, we explore the importance of tying executive compensation to ESG performance, as well as some innovative strategies and models for achieving this. We explore goal setting, ESG focus areas, and the levels of compensation that should be tied to ESG performance.
Our survey findings reveal that many Asia-based fund managers are at an early stage of their ESG journey. Many have policies in place, but these may not be embedded in operations and decision‑making. This is potentially dangerous as Asia fund managers will increasingly be at risk of accusations of “greenwashing,” the same criticism applied to many businesses and investors in Europe and the United States, where regulators are now working hard to tackle such concerns.
Recent extreme weather events have further raised global awareness of climate and environmental issues, concerns that will top the agenda at COP27 and other upcoming climate summits.
In the U.S., EU, and UK, there is a growing expectation for companies and funds to extend ESG due diligence throughout their global supply chains.
In this episode of MoFo Perspectives, Morrison Foerster partner and co-chair of the firm’s Global Privacy & Data Security practice Alex van der Wolk speaks with associate Whitney Lee about her pro bono work with CYREIN, The Cyberstalking Resource Initiative. Whitney founded CYREIN in 2018 to support victims of cyberstalking and cyber harassment after graduating from law school.
After several years of negotiation following the invalidation of the Privacy Shield by the European Court of Justice (CJEU), on October 7, the president signed an Executive Order, and the attorney general issued regulations, implementing the agreement between the U.S. and the EU announced earlier this year to replace the Privacy Shield framework. The European Commission (EC) has issued a statement that these actions will “address the concerns raised by the Court of Justice of the European Union in the Schrems II decision.” The EC is expected to make this framework the basis of an adequacy finding that the U.S. provides privacy protections that are essentially equivalent to European law.
In this episode of Diversity in Practice, as part of MoFo’s observance of National Disability Employment Awareness Month, Chief Diversity and Inclusion Officer Natalie Kernisant leads a discussion with David Cross—chair of the firm’s Antitrust Litigation Practice, Disability Affinity Network liaison, and an active member of the Diversity Strategy Committee—about his personal experience navigating the legal industry as an attorney with a disability.
In this episode of the Above Board podcast, partner and host Dave Lynn speaks with Miriam Wugmeister, partner and co-chair of Morrison Foerster’s Global Privacy and Data Security Group, and Alex Iftimie, partner and co-chair of the firm’s Global Risk and Crisis Management Group, on cybersecurity exposure preparedness for board members.
In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn speaks with partners James Koukios, former DOJ prosecutor and Senior Deputy Chief of the Criminal Division’s Fraud Section in Washington, D.C., and Stacey Sprenkel, a skilled investigations attorney with decades of experience conducting corporate internal investigations and global risk assessments, on the importance of an effective ethics and compliance program for corporations and how the board of directors plays a critical role in that area. The board's role in overseeing the ethics and compliance function at companies is discussed, with a particular focus on the reporting structure from a Chief Compliance Officer to the board, how the board can assure itself that it is getting the right information at the right time, and how the board can positively impact compliance function. The speakers also share their top compliance tips and takeaways for board members.
In this episode of MoFo Perspectives, MoFo Antitrust partners Megan Gerking and David Shaw speak with MoFo ESG Practice Group chair Susan Mac Cormac and UC Davis Acting Professor Amelia Miazad to discuss the strong movement toward increased corporate social responsibilities—with a specific focus on environmental, social, and corporate governance (ESG) issues. Our panel of experts examines the current state of ESG efforts, explores areas of tension with antitrust principles, and identifies practice tips for ensuring that compliance with antitrust laws does not get in the way of achieving companies’ important ESG goals.
Kate Driscoll, of counsel in MoFo’s Investigations +White Collar Defense practice group, interviews John Owen, Corporate Finance and Capital Markets partner, and lead of the firm’s LGBTQ+ Affinity Network and Fredo Silva, active affinity group member, partner and co-chair of the firm’s Social Enterprise and Impact Investing Group, about the firm’s activities supporting the LGBTQ+ lawyers at the firm and locally in our communities, and how they hope to shape the legal industry for future queer lawyers.
In the first episode of this two-part MoFo Perspectives podcast, Morrison Foerster Global Antitrust attorneys Bonnie Lau and Joseph Charles Folio speak with Kevin Mullen of the Government Contracts and Public Procurement group, to discuss the DOJ’s new enforcement initiative surrounding government procurement – and share the types of red flag conduct you and your company need to know.
In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with partners Alex Iftimie and Haima Marlier, who formerly served in senior counsel roles at the U.S. DOJ and SEC, respectively, on new initiatives to require disclosure and reporting of cybersecurity incidents against the backdrop of a heightened threat environment for cybersecurity risks. The discussion addresses the SEC’s recently proposed amendments to require real-time incident reporting and detailed disclosures regarding cybersecurity risk management, strategy, governance, as well as new legislation which will impose new cybersecurity incident reporting requirements for critical infrastructure entities.
Russian Sanctions in Response to the War in Ukraine: Considerations for Public Companies by Morrison & Foerster LLP (MoFo)
In the third and final episode of this year’s Fellows subseries, Wetmore Fellow Keniece Gray and SEO Law Fellow Jermel McClure host a discussion with MoFo associate Keiko Rose about the firm’s partnership with The Southern Poverty Law Center to combat the disproportionate impact of “three-strikes laws” on minority offenders.
In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Judson Lobdell, San Francisco-based partner and former Assistant U.S. Attorney, about securities class action litigation, which often arises following a significant decline in a company’s stock price. Judson provides an overview of the securities class action litigation environment, offers practical guidance on the risk factors that directors and management should consider, and provides tips on preparing for and responding to securities class action lawsuits.
Read more on this topic: https://www.mofo.com/resources/insights/211117-a-summary-guide-securities-class-action-litigation.html
In the first episode of MoFo Competition, co-chair Lisa Phelan and partners Megan Gerking, Bonnie Lau, and Penny Preovolos of MoFo’s Global Antitrust Law Practice Group, discuss and identify critical antitrust developments, forecast key trends you can expect to see in 2022, and offer timely tips on how best to mitigate antitrust risk.
In part two of this year’s Fellows subseries, Wetmore Fellows Alex Devine and Kimberly Valladares host a discussion with Boston Managing Partner David Ephraim and Washington, D.C. Finance Partner Crystal Kaldjob about the inaugural Black Venture Accelerator (BVA) program. Designed to foster financial inclusion by providing access to sophisticated legal services as well as opportunities for growth, the BVA is an innovative new pro bono program that offers Black founders and Black-owned businesses pro bono legal services tailored to help their companies progress to new heights and that offers additional business support and counsel to help them scale their ventures. The 3-part subseries on “Intentional Impact” is designed to look at the ways in which the firm demonstrates its continued commitment to advocacy for people and communities who would otherwise have limited or no access to justice. Each episode is hosted by a 2021 Wetmore Fellow and/or SEO Law Fellow.
In part one of this year’s Fellows subseries, Wetmore Fellow Nisha Bajania hosts a discussion with MoFo Partner Alexander Lawrence and Melissa Murray, NYU School of Law’s Frederick I. and Grace Stokes Professor of Law and Faculty Director of the Birnbaum Women’s Leadership Network, about the ongoing battle for reproductive rights.
The alarming rise in cybersecurity attacks in 2021 has raised risk mitigation stakes to a new level for boards.
In this episode of MoFo’s Above Board podcast, host, co-chair of MoFo’s Corporate Finance | Capital Markets practice, and former Chief Counsel of the SEC’s Division of Corporation Finance Dave Lynn speaks with Alex Iftimie, co-chair of MoFo’s Global Risk and Crisis Management group, and Brandon Van Grack, who also co-chairs the group and serves as co-chair of the firm’s National Security practice.
In this episode of MoFo Perspectives, Jordan Eth, co-chair of the Securities Litigation, Enforcement, and White Collar Defense Group, speaks with securities litigation partner Christin Hill about some of their recent victories and the latest developments in securities law. The two also discuss Christin’s professional journey from working as an associate in private practice, to working in-house at Uber Technologies, Inc., and ultimately to joining MoFo, where she now represents public and pre-IPO companies and their boards of directors and officers in securities fraud actions, derivative actions, SEC enforcement actions, internal investigations, and general corporate counseling.
In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Arden Phillips, Vice President, General Counsel and Chief Compliance Officer of Tahzoo, a global user experience consultancy that provides digital content solutions to Fortune 500 clients, on corporate governance and board-related topics raised by BlackRock’s recently-issued 2021 stewardship report.
In this episode of Diversity in Practice, MoFo Pro Bono Counsel Dorothy Fernandez is joined by Joe Palmore, co‑chair of our Appellate and Supreme Court practice and managing partner of our Washington, D.C. office, and Washington, D.C. litigation associate Adam Sorensen, also a member of the firm’s Appellate and Supreme Court practice, to discuss the amicus brief they filed on behalf of award-winning historians David W. Blight and Gaines M. Foster, supporting Virginia Governor Ralph Northam’s order to remove the statue of Confederate General Robert E. Lee from Richmond’s Monument Avenue.
Howard Morris, Amrit Khosa, and Jai Mudhar discuss the Part 26A restructuring plan and the legal developments that have unfolded since its introduction.
MoFo's Chief Diversity and Inclusion Officer, Natalie Kernisant, welcomes Justin Dean, Managing Director at BCG Consulting, and Tina Gilbert, Managing Director at MLT, to the podcast to discuss two of the root causes of the lack of diversity in leadership within the legal and consulting industries.
In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Megan Gerking, Washington, D.C.-based partner and former trial attorney in the DOJ’s Antitrust Division, on the potential watershed moment in antitrust enforcement as we know it today. In this rapidly evolving regulatory landscape, it is important for boards of directors to recognize the benefits of a comprehensive antitrust compliance program. Further, as companies expand their focus on environmental, social and governance matters, boards and management must be particularly cognizant of antitrust compliance considerations.
James Koukios speaks with Alex Okuliar and David Shaw about what to expect in antitrust enforcement under the Biden administration.
In this special pro bono episode of MoFo Perspectives, MoFo associates Spencer McManus and Karen Leung speak with partner Derek Foran and National Abortion Federation (NAF) Chief Program Officer Melissa Fowler about their long, hard-fought legal battle to prevent the release of a smear campaign against abortion providers by anti-abortion extremists.
James Koukios speaks with Gareth Rees QC and Hayley Ichilcik about what to expect in UK enforcement under the Biden administration.
In this special pro bono episode of MoFo Perspectives, we take a deep dive into two important cases MoFo is involved with regarding Title IX, the federal civil rights law prohibiting sex discrimination in federally funded educational programs or activities. Associate Caitlin Crujido, moderates this discussion, speaking with partner Natalie Fleming Nolen about her case challenging newer regulations set in place by the previous administration that rolled back certain protections under the law, and changed how schools respond to sexual harassment and sexual assault. Partner Christine Wong speaks about the amicus brief her team filed in support of a woman athlete who was unfairly punished by her school because of a rude gesture she made while celebrating a team victory. Senior counsel at Equal Rights Advocates, Brenda Adams, also joins this discussion to talk about how her organization is making strides when it comes to ensuring gender equity and protecting individuals from sexual harassment and violence in the workplace and in our schools.
As part of MoFo’s effort to commemorate Asian Pacific American Heritage Month, our Chief Diversity and Inclusion Officer Natalie Kernisant welcomes California Assemblyman David Chiu and MoFo Litigation Partner Bonnie Lau to the podcast to take a hard look at the recent rise in anti-Asian discrimination and how misinformation, fear, and racist political rhetoric tied to COVID-19’s origins in China have fueled hate and violence against the Asian American and Pacific Islander (AAPI) communities across the country. They also explore America’s long history of anti-Asian hate and discrimination, the relationship between the AAPI community and other marginalized communities in this country, the need for broad based, community-led public safety initiatives, and how these issues affect members of the AAPI community in the professional space.
James Koukios speaks with Patrick Späth about what to expect in European regulation under the Biden Administration.
In this episode of MoFo Perspectives, MoFo corporate partner and blockchain co-chair Dario de Martino speaks with MoFo IP partner Joyce Liou and Stanford Law School professor and MoFo of counsel Paul Goldstein about the emerging popularity of NFTs and the IP issues raised by them.
In this episode of Impactful Conversations, Kaela Colwell, a San Francisco-based associate in Morrison & Foerster’s Social Enterprise and Impact Investing Group, interviews Malcolm Robinson, the founder and executive director of the Black Venture Capital Consortium, or BVCC, which has launched an on-campus, four-track curriculum program in venture capital, entrepreneurship, user-experience design, and software engineering at historically black colleges and universities across the country, among other projects.
In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Alfredo (“Fredo”) Silva, San Francisco partner and co-chair of the firm’s Social Enterprise and Impact Investing Group, on the SEC’s possible future implementation of a global framework for climate disclosures and the potential ESG disclosure implications for public companies. Fredo and Dave touch on why the SEC has recently sought input on implementing a framework for climate change disclosures and formed a Climate and ESG Task Force, the guidance and rules already in effect, and what public companies and their boards of directors should be thinking about with respect to climate and ESG disclosure.
With a continued emphasis on creating diverse teams, law firms and corporations are not only asking how they can promote inclusivity, but also how they can attract and retain diverse team members. MoFo’s Privacy + Data Security Group is a successful case study of what such a commitment to diversity and inclusion can achieve, with 61% women and 25% of its lawyers identifying as diverse or LGBTQ+. In this episode of Diversity in Practice, Of Counsel Melissa Crespo speaks with her mentor and co-chair of MoFo’s Global Privacy + Data Security Group Miriam Wugmeister about why diversity in practice is important to them and to the group, why they have stayed in big law, and what concrete steps others can take to achieve a more diverse team.
James Koukios speaks with Dave Lynn about what to expect in SEC regulation under the Biden Administration.
James Koukios speaks with Ruti Smithline about what to expect in Latin America under the Biden Administration.
In this episode of Above Board, Morrison & Foerster partner Dave Lynn speaks with Jina Choi, San Francisco partner and former director of the SEC’s San Francisco Regional Office about 10b5-1 Plans. Jina discusses what these plans are, how they get implemented, and how they are intended to mitigate against the risk of insider trading. Dave and Jina examine the criticisms of 10b5-1 plans and why the SEC may be looking into abuse allegations. Jina also gives valuable advice on what boards should be monitoring in relation to 10b5-1 plans.
James Koukios speaks with Brandon Van Grack about what to expect in the National Security space under the Biden Administration.
In this episode of Diversity in Practice, Litigation Partner Alexis Amezcua is joined by her mentor, colleague, and friend, Trial Partner Arturo González, to discuss his career path, from working in the fields to Harvard Law to becoming MoFo’s first Latino partner. He also shares how he’s survived 35 years in Big Law, how much the legal landscape has evolved during that time, and why he feels it’s important to have more diverse representation in the courtroom, and beyond.
James Koukios speaks with Brian Kidd and Alex Ward about what to expect in the False Claims Act (FCA) space under the new Biden Administration.
In the fifth and final episode of the Wetmore Fellow subseries, and in celebration of Black History Month, Los Angeles Corporate Associate and Fellow alumna Gina Banks hosts a discussion with San Francisco Litigation partner and Co-Chair of MoFo’s Global Employment & Labor Group Eric Akira Tate, and Washington D.C. IP Litigation partner, Diversity Strategy Committee Co-Chair and Co-Chair of MoFo’s Global IP Litigation Practice Mark Whitaker. The discussion centers around the firm’s longstanding commitment to combatting discrimination and injustice, how the impact of George Floyd’s murder and the subsequent protests it sparked across the world served as a call to action, and the myriad ways in which the firm answered that call. Eric and Mark also share their personal stories about the responsibility they felt not only as Black men, but as leaders of a firm dedicated to equity and inclusion, to actively engage in dialogue around racial equity.
In this latest MoFo Perspectives podcast, MoFo appellate co-chairs Deanne Maynard and Joe Palmore speak on why the Biden Administration might change the government’s positions before the Supreme Court—and why it might not.
In the fourth episode of the Wetmore Fellow subseries, San Francisco Litigation Associate and Fellow alumnus Tom Davidson hosts a discussion with New York Litigation partner and Women’s Strategy Committee Co-Chair Carrie H. Cohen, and Firm Chair Larren Nashelsky about how crucial transparency, responsibility and accountability are to any diversity and inclusion endeavors, and the impact of those factors on their decision to galvanize over 30 law firms to support their effort to encourage Governor Andrew Cuomo to repeal Section 50a of the Civil Rights Law.
In this episode of the Above Board podcast, San Francisco-based securities litigation partner Mark R.S. Foster describes an issue that more and more boards are facing: how to best manage inspection demands from shareholders. Which shareholders can make these demands, which are expensive and risky for the recipient company? Can shareholders make the demand for any reason? What are the best practices for responding to an inspection demand?
In this episode Mike Ward, head of the firm’s Life Sciences group, discusses how the availability of the COVID-19 vaccine may impact the workforce, including compliance requirements, employer/employee rights, with Janie Schulman, employment and labor partner and key member of the firm’s COVID-19 task force.
James Koukios speaks with Alex Iftimie and Julie O’Neill about what to expect in the Privacy and Cybersecurity space under the upcoming Biden Administration.
James Koukios speaks with Tim Blakely, Dan Levison, and Chen Zhu about what to expect from U.S. enforcement in Asia under the upcoming Biden Administration.
James Koukios speaks with Carrie Cohen and Megan Gerking about what to expect from State Attorneys General Offices under the upcoming Biden Administration.
In this episode of Above Board, Morrison & Foerster partner Dave Lynn speaks with James Koukios and Chuck Duross, heads of the firm’s FCPA and Global Anti-corruption practice, about the Department of Justice’s revised guidance on the evaluation of corporate compliance programs.
MoFo’s Chief Diversity and Inclusion Officer Natalie Kernisant welcomes UC Davis School of Law Dean and Professor of Public Interest Law and Chicana/o Studies Kevin R. Johnson during this installment of the Diverse in Practice podcast. The discussion centers around the California Bar’s decision to lower the bar exam cut score, and what – if any - impact such a decision might have on diversity within the bar.
James Koukios speaks with John Smith about what to expect from OFAC (Office of Foreign Assets Control) under the upcoming Biden Administration.
James Koukios speaks with Josh Hill and Christine Wong about what to expect from US Attorney’s Offices under the upcoming Biden Administration.
James Koukios speaks with Chuck Duross about what to expect in the FCPA (Foreign Corrupt Practices Act) space under the upcoming Biden Administration.
James Koukios speaks with Carrie Cohen and Chip Loewenson about what to expect from the SDNY (Southern District of New York) under the upcoming Biden Administration.
James Koukios speaks with Michael Birnbaum, Jina Choi and Haima Marlier about what to expect from the SEC under the upcoming Biden Administration.
James Koukios speaks with Megan Gerking and Lisa Phelan about what to expect in the Antitrust space under the upcoming Biden Administration.
In the third episode of the Wetmore Fellow subseries, Los Angeles Litigation Associate and Fellow alumna Mia Akers hosts a discussion with New York Litigation partner and chair of the Morrison & Foerster Foundation Jamie Levitt, and Palo Alto IP Litigation partner and vice-chair of MoFo’s Pro Bono Services Committee Colette Mayer about how quickly the Foundation and the firm’s lawyers answered the call to serve those populations for whom the social and economic toll of the pandemic is most severe. The participants also discuss the firm and the Foundation’s immediate response to racial injustice in support of the communities in which we work and live.
In this episode of the Above Board podcast, Morrison & Foerster partner Dave Lynn speaks with Miriam Wugmeister, co-chair of MoFo’s preeminent Global Privacy and Data Security Group, and John Carlin, chair of the firm’s Global Risk and Crisis Management practice group, about directors’ roles in maintaining their companies’ cybersecurity, and mitigating the damage caused by a cybersecurity incident.
In this episode Mike Ward, head of the firm’s Life Sciences group, discusses the path toward a therapy for COVID-19 focusing on the science with Janet Xiao, and on legal considerations including regulatory with Bethany Hills; and commercial transactions with Rufus Pichler.
In this latest MoFo Perspectives podcast, MoFo litigation partners Arturo González and Alexis Amezcua address some of the greatest challenges that lawyers, judges, and juries face as trials go virtual during the Coronavirus pandemic and the importance of keeping them moving forward.
In the second episode of the Wetmore Fellow subseries, San Francisco Litigation Associate and Fellow alumni Ryan Romain hosts a discussion with MoFo Director of Associate Development and Women’s Initiatives Janet Herman and Boston Finance partner Joe O’Donnell about how the firm quickly developed multiple resources in support of working parents during the shelter-in-place mandates and in the wake of the George Floyd killing.
In this episode Mike Ward, head of the firm’s Life Sciences group, discusses the path toward a vaccine for COVID-19 focusing on the science with Otis Littlefield, and on legal considerations including regulatory with Bethany Hills; and commercial transactions with Rufus Pichler.
In this episode of the Above Board podcast, Dave Lynn, a Washington, D.C.-based partner at Morrison & Foerster, speaks with Jackie Liu and Alexa Belonick, partners based in the firm’s San Francisco office, about a law requiring companies headquartered in California to have a certain number of board members from underrepresented communities.
Natalie Kernisant, Director of D+I, speaks with MoFo litigation associate and former SEO summer Camila Tapernoux and Sponsors for Educational Opportunity (SEO) Director Van Ann Bui about their own unique career paths and why it is critically important for organizations to reimage their talent acquisition practices, with an eye toward removing any unnecessary barriers to inclusive recruiting. MoFo has been sponsoring pre-law interns through the SEO program since 2008, which provides educational and career opportunities to students from underrepresented communities.
In this episode Mike Ward, head of the firm’s Life Sciences group, discusses applying AI and data science to the fight against COVID-19 focusing on the science with Jean Nguyen, and on legal considerations including privacy and data security with Kristen Mathews; regulatory with Bethany Hills; and commercial transactions with Matt Karlyn.
In this episode of Impactful Conversations, Michael Santos, a social enterprise and impact investing associate in Morrison & Foerster’s San Francisco office, interviews Bulbul Gupta, the president and CEO of Pacific Community Ventures (PCV), a Community Development Financial Institutions (CDFI) fund based in Oakland, California.
In this episode Mike Ward, head of the firm’s Life Sciences group, discusses the unique aspects of the health crisis on the science, with Jim Mullen; the regulatory framework, with Bethany Hills; the commercial transactions, with Matt Karlyn; and the privacy and data security considerations with Kristen Mathews.
In this episode of Diversity in Practice, Natalie Kernisant, Director of Diversity and Inclusion, sits down with MoFo partner and Women’s Strategy Committee co-chair, Stacey Sprenkel and the founder of Krishtel Coaching, Rudhir Krishtel to discuss mental health and the importance of self-care and well-being in the legal profession. Rudhir, a trained yoga and mindfulness instructor, discusses how the practice of mindfulness impacted his journey from law firm partner to in house counsel to leadership consultant and provides helpful tips on how to silence our inner saboteur. Then Stacey opens up about the pressure women and diverse attorneys often feel to over-perform as young associates, how that pressure can lead to attrition, and how motherhood helped her find a greater sense of balance. She also discusses her involvement in the firm’s efforts to support women, working parents, and well-being more broadly.
In this episode of Impactful Conversations, Susan Mac Cormac, the chair of MoFo’s Energy and Social Enterprise and Impact Investing practices, interviews Andrew Macintosh, the COO and CFO of the March Fund—a tech fund focused on the development of food and health solutions that support the sustainable food supply chain and optimize health outcomes.
Andrew speaks to Susan about the March Fund’s identification and measurement of key variables that can drive impact and returns, the role intellectual property plays when the March Fund is choosing companies to invest in, and the advice he has for companies that really want to make an impact in the food space.
In this MoFo Perspectives podcast, litigation partner Alexis Amezcua speaks with trial titan Arturo González about his extensive experience handling civil rights cases involving police misconduct, the policy reforms that have resulted from those cases, and what he thinks needs to happen to establish true equality in the eyes of the law.
In this episode of Impactful Conversations, Shai Kalansky, a San Diego-based associate in Morrison & Foerster’s Social Enterprise and Impact Investing Group, interviews Scott Jacobs, the CEO and co-founder of Generate Capital, a leading sustainable infrastructure platform, delivering affordable, reliable resource solutions to companies, communities, and cities.
Shai and Scott discuss, among other things, why Scott is focused on infrastructure as opposed to individual inventions as a means of changing the productivity equation, and how the elements necessary to create value in sustainability differ from the elements necessary to create value in tech.
In part one of this special Wetmore Fellow subseries, Fellow Adam Smith hosts a discussion with MoFo Partner David Newman and Attorney Recruiting Director Nicole Wanzer about how the firm navigated a virtual work environment while continuing to serve and support our clients and summers. Fellows Kacyn Fujii, Erica Pena, and SEO Fellow, Oliver Green, later join the conversation to discuss their experience as summer associates.
The 5-part subseries on “Navigating Pandemic & Protest,” is designed to look at the ways in which the firm responded to the pandemic and social justice movement, while navigating our new virtual environment. Each episode is hosted by a current Fellow or Fellowship Program Alumni.
In part two of this Diversity in Practice podcast series on speaking to kids about race, we continue our conversation with the founders of Raising Compassionate Leaders, Denica Gordon-Mandel and Christina Johnson. In this session, the speakers discuss the unnerving situation of having to have “The Talk” with young children of color about the possibility of being singled out, simply because of the color of their skin.
In part one of this Diversity in Practice podcast discussion on speaking to your kids about race, MoFo’s Director of Diversity and Inclusion Natalie Kernisant and Director of Attorney Development and Women’s Initiatives Janet Stone Herman are joined by the founders of Raising Compassionate Leaders, Denica Gordon-Mandel and Christina Johnson. The participants address the importance of supporting working parents during such an unprecedented time, and how they can address the issues of race in a way that children can understand.
In part two of our Diverse in Practice podcast discussion on allyship, MoFo partner and ally Dario de Martino discusses how his cultural identity and background have contributed to his practice, and why he feels that it is more important than ever to become an active participant in advocating for marginalized groups.
In the first episode of our new Diversity in Practice podcast series, Director of Diversity and Inclusion Natalie Kernisant sits down with Terra Winston of Next Step Partners to discuss what steps we can take toward being an effective ally and how allyship differs from mentorship and other forms of advocacy.
In this episode of MoFo Perspectives, MoFo partner and Coronavirus (COVID-19) Task Force head David Newman speaks with fellow partners and task force members Miriam Wugmeister, Janie Schulman, and Eric McCrath, to discuss the latest findings in the firm’s Impact Survey: COVID-19 and Easing of Stay-at-Home Orders.
During their conversation, David, Miriam, Janie, and Eric discuss important new findings in the report, including deeper insights into the areas of privacy & data security, employment and labor, mergers and acquisitions (M&A), and financial transactions, among others. The MoFo Task Force members offer their insights on these and other key issues to help clients understand how the next stages of the global COVID-19 pandemic will impact their businesses in the immediate and long-term.
In this episode of Impactful Conversations, Michael Santos, a social-enterprise- and impact-investing associate in Morrison & Foerster’s San Francisco office, interviews Rodney Foxworth, the CEO of Common Future. Based in Oakland, California, Common Future tackles wealth inequality nation-wide by focusing on the needs of communities that have been the most negatively impacted by injustice, extraction, and exploitation.
To address the wealth gap, Rodney and Common Future are committed to confronting the structural oppression that leaves many communities out by shifting capital towards community investment.
Common Future envisions an economy owned by people of all races and ethnicities. Rodney believes in having communities assume a position “as not just a stakeholder but as a literal shareholder that is able to voice an opinion, has a vote, and is able to influence and determine what types of businesses and enterprises and economic development projects are invested in,” says Rodney. “That is power.”
In this episode of Impactful Conversations as a part of MoFo Perspectives, Jesse Finfrock, a San Francisco-based associate in Morrison & Foerster’s Social Enterprise and Impact Investing Group, meets with Ken Doctor, the founder of Lookout Local, to discuss how he has incorporated Lookout Local’s mission into its corporate form in electing to become a Public Benefit Corporation (PBC).
A PBC requires balancing the traditional fiduciary duties owed to stockholders with the social or environmental benefit that is written into the corporation’s charter documents. In this case, Lookout Local’s mission is to provide the news and information needs for the local communities it serves. “The main thing I want to do is change the conversation and repopulate these news deserts,” says Ken Doctor, so finding a corporate form that embraced his company’s values was the first step.
In this special shelter-in-place edition of “Impactful Conversations” podcast, MoFo fund-formation lawyer Sean Byrne interviews Buckhill Capital General Partner Henrik Jones about collaborating with MoFo to create a new investment term, the Carried Interest by Verified Impact Calculations (CIVIC). The CIVIC links a fund’s carried interest to quantifiable impact metrics, and thus has the potential to create billions of dollars of incentives for institutional investment managers to pursue impact goals alongside financial returns. This project is a finalist for NYU’s Grunin Prize for Social Entrepreneurship.
Gareth Rees QC and Howard Morris discuss critical steps corporate senior management must consider now with regulators circling to pass judgement.
London Lawyers Alistair Maughan and Edward Downer share, explore and discuss the current issues faced by our clients during the COVID-19 Pandemic.
This soundbite covers trends and reoccurring questions from our clients, from fundamental business considerations, such as cash flow, to duties as directors and governmental relief.
This pragmatic and informative discussion is designed to help our clients navigate the months ahead. It’s an easy listen of substantial and practical value.