To the Extent That...: Recent Episodes
ABA Business Law Section
In this live-recorded episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn sits down in Boise, Idaho with longtime Chapter 7 trustee Ford Elsaesser to unpack one of the most unusual and high-profile cases of his career. The debtor, Richard Butler, was not just any Chapter 7 filer, he was the leader of the Aryan Nations, a white supremacist organization operating under the guise of a church. After a $2 million civil judgment stemming from violent acts by his followers, Butler turned to bankruptcy in a last-ditch effort to protect his 20-acre compound in northern Idaho. What followed was anything but routine. From coordinating discreet courthouse security amid concerns of extremist retaliation, to intercepting prison-sent donations and handling threatening hate mail, the case quickly became a test of both legal creativity and personal resolve. At the center of it all was the estate itself: a compound filled with Nazi regalia, propaganda, and intellectual property tied to the organization. Rather than allow these materials to reenter circulation, the trustee worked with creditors and third parties to structure a groundbreaking sale, one that not only satisfied administrative expenses and delivered recovery to victims, but ensured that the symbols of hate were permanently destroyed. This episode is a powerful example of how the Bankruptcy Code can be used not just to resolve debts, but to dismantle harmful enterprises and create a lasting positive impact.
Sy Lorne, Senior Advisor and former Vice Chair and Chief Legal Officer at Millennium Management as well as a former General Counsel of the SEC, joins the show for a wide-ranging conversation on the evolution of securities enforcement from the inside out. The headline topic is shadow insider trading — the SEC's push to extend liability to trades in economically related securities, what Panuwat actually changed, and how a major hedge fund builds compliance around the doctrine. Sy also walks through what he's seen across his career at the SEC, Salomon Brothers, Munger Tolles, and now on the buy side, including how enforcement priorities really get set and what stays constant from one administration to the next.
Host Gary J. Ross welcomes Prof. Elizabeth Pollman of the University of Pennsylvania Carey Law School to discuss her influential article “Startup Failure.” Prof. Pollman first explains why bankruptcy is often a poor fit for venture-backed companies. Then, Gary and Prof. Pollman explore the alternatives that founders and boards frequently consider, from wind-downs and assignments for the benefit of creditors (ABCs) to acqui-hires, along with the legal and practical implications of each. The conversation concludes with a look at emerging trends, including the challenges posed by increasingly large later-stage private companies.
podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship.The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated.For legal guidance, please consult a qualified attorney.
Host Gary J. Ross and Jeremiah Gordon, General Counsel of CapitalG, discuss growth equity investing and legal issues that arise at the later stages of the venture capital lifecycle. Jeremiah tells Gary that CapitalG, Alphabet’s independent growth fund, operates differently from traditional corporate venture capital. Instead of investing to serve Google or Alphabet’s strategic needs, the fund partners with companies such as Databricks, Stripe and CrowdStrike to drive financial returns and transform industries. Jeremiah discusses growth-stage diligence, the role of in-house counsel, and the new challenges created by the rapid growth in AI companies. The episode concludes with a look at exit transactions, particularly the increasing prevalence of private-to-private acquisitions.
G’s plaintiff side in 2019. He served as lead trial counsel in Tornetta v. Musk, the largest executive compensation case ever litigated. In December 2025, the Delaware Supreme Court affirmed liability but reversed the $55.8 billion rescission. Greg joins Professor J.W. Verret to walk through Tornetta in chapters, unpack what SB 21 means after Rutledge, and preview his forthcoming article on Delaware’s path forward.
podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship. The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated. For legal guidance, please consult a qualified attorney.
A and corporate governance lawyer who chaired the ABA Business Law Section's Corporate Governance Committee during the turbulent pandemic period.The centerpiece of this episode is a story Frank tells about a late-night call from an audit committee dealing with a rogue CEO who had engaged in insider trading and then concealed the resulting SEC investigation from both the company's auditors and its audit committee.Frank designed and managed the audit committee investigation, helped the company hire SEC enforcement counsel to walk the company through resolution with the SEC, recruited new qualified directors to reshape the company's governance and compliance programs, and got the company to the other side intact and without any shareholder litigation.Along the way he lays out lessons every investigative counsel should internalize: Audit committee counsel needs to understand the needs and concerns of the company's independent auditors and regulators and then design the investigation to produce a result that will satisfy both constituencies. Required listening for any lawyer who might one day get that midnight call.
Host Gary J. Ross and Mark Roderick discuss Regulation Crowdfunding (Reg CF), which originated with the JOBS Act. They walk through the mechanics of a Reg CF offering, including the role of crowdfunding platforms (termed “intermediaries”) and the Form C disclosure requirements. Mark highlights concerns with current practices, particularly overly burdensome financial statement requirements and the use of artificially low funding targets. Mark and Gary also address common misconceptions about cap table complications and venture capital follow-on financing. The episode concludes with some Reg CF success stories.
In this live episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn is joined by Sam Maizel and Andrew Troop to break down the Steward Healthcare Chapter 11, a case driven as much by personality as by financial engineering.At the center is Dr. Ralph de la Torre, a surgeon turned executive who helped build a hospital empire through private equity, aggressive expansion, and a controversial strategy of selling the land beneath hospitals while taking billions in long-term lease obligations.The result: a system burdened with debt, billions in rent, and allegations of value extraction, all while critical healthcare services were at risk.This episode explores how one “bad boy” and a high-risk financial model collided with the realities of healthcare, leaving courts, regulators, and communities to deal with the fallout.
podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship.The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated.For legal guidance, please consult a qualified attorney.
Scott, P.A. to discuss Tom Petters, who operated a $3.65 billion Ponzi Scheme based in Minnesota before the scheme unraveled. Doug Kelley shares the fascinating details of the major criminal investigation into Petters that began when Diana Coleman, a participant in the scheme, informed the FBI that Petters owed at least $3.5 billion to victims of his scheme, and agreed to wear a wire to gather evidence against Petters. Petters cloaked his massive Ponzi scheme in a cloak of legitimacy by acquiring significant ownership interests in legitimate companies, including Polaroid, using ill-gotten gains from the scheme. Petters, a prolific salesman, started the scheme by targeting smaller mom and pop businesses, and eventually moved up to soliciting hedge funds to invest in the scheme. Petters used the fruits of the scheme to fund a lavish luxury lifestyle, including multiple luxury homes, a Bentley, and regular trips to Las Vegas. Doug Kelley was ultimately appointed as the receiver for a number of Petters’ entities that were involved in the scheme, which then led them to file several Chapter 11 bankruptcy cases. Jim Lodoen was then tapped in the corporate bankruptcies to assist in recovering fraudulent transfers made from the corporate debtors to the “net winners” of the Ponzi scheme for ratable distribution to all victims of the scheme, including clawing back charitable donations made by Petters using his ill-gotten gains, including (ironically) the John Petters Ethical School of Business at Miami, Ohio which was created using a $5 million donation from Petters. Lodoen also assisted in negotiating a cooperation agreement with the U.S. Attorneys’ office to coordinate recovery efforts across the criminal case and the corporate bankruptcy cases, and ultimately wound up hiring attorneys in at least 32 different countries to assist in recovering funds from “net winners” abroad. Ultimately, the professionals working to recover the funds from “net winners” winded up making a roughly 30% dividend to all victims of the scheme. Petters was ultimately convicted of multiple counts of wire fraud, mail fraud, and money laundering, and was sentenced to 50 years in prison.
In 2023 New York Times journalist Kevin Roose reported that a chatbot had declared love for him and urged him to divorce his wife. Since then stories abound of vulnerable people harming themselves after lengthy exchanges with GenAI chatbots. In a recent instance, a vulnerable teen discussed suicide with a chatbot and asked for feedback about the noose he had fashioned. In yet another instance a clearly delusional person was encouraged to murder his mother and then commit suicide.Medical professionals are concerned that use of chatbots in diagnosis and treatment recommendations without real-time supervision by experienced professionals may lead to harm. GenAI tools have not been designed to fulfill the Hippocratic oath to do no harm. Physicians are asking whether these GenAI tools can be and will be used responsibly. Currently the FDA categorizes chatbot systems as self-help or wellness tools, placing them outside of existing regulatory regimes.In this episode of Mind The Gap: Dialogs on Artificial Intelligence we discuss the implications of GenAI tools with Dr Jane Rosenthal, a seasoned clinician with extensive experience examining medical ethics in the context of a major medical center.
podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship. The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated. For legal guidance, please consult a professional.
Host Gary J. Ross talks with Daniel DeWolf, Co-chair of the VC/EC practice at Mintz and adjunct professor at NYU School of Law, about the practice of venture capital funds warehousing investments. Among the topics Gary and Daniel cover are the reasons fund managers warehouse investments; various structures used for warehousing; disclosure considerations; conflicts of interest; valuation issues; SEC guidance on warehousing and maintaining the venture capital fund adviser exemption for ERAs; and the impact of warehousing on eligibility for the qualified small business stock (QSBS) tax exemption.
In this latest episode of Boardroom to Courtroom, forensic accountants J.W. Verret and Chris Ekimoff unpack the story of Bernie Madoff's Ponzi scheme — and how forensic accountants unraveled the mystery behind one of history's most audacious financial frauds.
In this episode, Judge Gunn is joined by attorneys Nick Miller and Mark Iammartino to discuss the unwinding of one of the largest check-kiting schemes in modern history. Najeeb Khan operated a successful payroll processing company in Indiana in the early 2000s. At some point around 2011, Khan began embezzling funds from his payroll processing company and using an elaborate check-kiting scheme to cover up the missing funds. Between 2011 and 2019, Khan embezzled an estimated $73 million from the scheme, which he used to purchase one of the largest classic car collections in the country (consisting of more than 250 cars including at least one that could also be used as a boat), several airplanes, and multiple luxury residences in Michigan, Florida, and Arizona. The scheme came crashing down in 2019, when Khan abruptly halted the musical chairs of worthless checks he was circulating, leaving Key Bank holding the bag for over $140 million in losses based on funds Khan had wired out of a Key Bank account based on provisional account credits issued against ultimately worthless checks. Mark Iammartino, the Chapter 7 trustee in one of the fifteen (15) bankruptcy cases that resulted from the scheme collapsing, discusses the venue fight that arose when the payroll processing company (and several related entities) filed bankruptcy in Michigan while Khan and a handful of affiliated management companies filed bankruptcy cases in Indiana shortly thereafter, the unusual steps taken to liquidation Khan’s massive classic car collection during the COVID-19 pandemic (which resulted in auction proceeds of over $40 million), and the other steps taken by the trustees and committees to marshal assets and attempt to compensate victims of Khan’s scheme. Khan later pled guilty to bank fraud and attempted tax evasion in a federal criminal case, and was sentenced to just over eight years in prison, and was ordered to pay $148 million in restitution and nearly $10 million in back taxes.
for mediation from two distinct viewpoints: the client and the mediator. What circumstances create the optimal dynamic for a mediation? The speakers will explore key takeaways for the who, what, and how to maximize the chances of reaching an agreement in mediation. Speakers: Cindy Randall, Deputy General Counsel and Head of Litigation at Microsoft and Jeff Kichaven, Principal at Jeff Kichaven, Commercial Mediation.
In this gripping episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn is joined by Mark Albert, longtime chapter 7 and subchapter V trustee, and Bill Steinwedell, Deputy Advocacy Director for Homeownership Preservation at Maryland Legal Aid. Together, they unravel the story of Synergy Law, a supposed national law firm that preyed on vulnerable homeowners by promising foreclosure relief and bankruptcy help, while delivering none of it.The discussion tracks how Synergy's “business model” lured clients through misleading marketing, skimmed thousands in automatic credit card payments, and left desperate individuals, like Bill’s client Mr. McCarty, facing foreclosure after multiple failed pro se bankruptcies. Bill and Mark explain how they each came to expose the fraud, Bill through aggressive legal aid advocacy, and Mark through his work as chapter 7 trustee after Synergy’s collapse.This episode dives into how Synergy operated across numerous states for years. It also sheds light on how the bankruptcy system, legal aid, and the U.S. Trustee Program ultimately worked together to shut it down.A cautionary tale for lawyers, trustees, and consumers alike, this episode reminds us why bankruptcy oversight matters, and what can happen when bad actors try to use the courts to fuel a fraud.
Venture Capital group at Lowenstein Sandler LLP, about founder breakups. Gary and Ed discuss common causes of founder fallouts, and various options to handle the departing founder’s equity. Ed reveals what he believes is the most important thing in a separation agreement. Ed also tells Gary a couple of war stories. Ed ends by giving some advice to legal counsel steering companies through founder breakups.
In this episode, Stuart Riback interviews John Coyle, UNC Law School, on the reasons to have a choice of forum clause; how the wording of clause will determine its scope; any restrictions on applicability of applicability of the clause; permissive versus mandatory forum selection; application of forum selection clauses to non-parties; and issues regarding constitutionality of non-party application.
podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship.The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated.For legal guidance, please consult a qualified attorney.
E’s Rodeo Girls. What began as a routine trustee representation turned into a high-stakes hunt for hidden assets and stunning fraud.Amber walks us through the investigation that exposed LaPier’s elaborate attempts to shield millions in luxury assets from creditors. The showstopper was a tip received about a hidden closet in her primary bedroom. This led to a covert, sealed operation with U.S. Marshals, ending in the dramatic recovery of jewelry she claimed didn't exist. The episode covers the legal maneuvers used to uncover and seize assets, the extravagant lifestyle that undercut LaPier’s “no asset” bankruptcy case, and the litigation that ultimately denied LaPier a bankruptcy discharge. It’s a tale of privilege, deception, and the extraordinary lengths trustee’s counsel must go to when fiction overtakes fact in bankruptcy court.
Once upon a time we thought we had privacy. Then came credit cards, which captured the card owner's location and activity with each transaction. Then came the Internet, which made connecting all the dots easy and cheap, and the erosion of privacy accelerated. Large language models, LLMs, like the Generative AI system ChatGPT and its ilk have the potential to make the cost of connecting dots vanishingly small, thus eliminating even the illusion of privacy, especially because large databases are irresistible to LLM developers as training data for their models. In this episode we are fortunate to have as our guest Jane Horvath. Jane is comparatively unique in having earned academic degrees and practiced in both Computer Science and in Law. Before law school, she wrote software that may still be running on the International Space Station. Jane is further distinguished by having served as Apple's Chief Privacy Officer, Google's Global Privacy Counsel, and the DoJ's first Privacy Counsel and Civil Liberties Officer, among other roles.
In a first for the series, this episode of Bad Boys of Bankruptcy explores a decades-long dispute arising in North Carolina that was originally filed as a Chapter XII case under the Bankruptcy Act of 1898. Our host, Judge Elizabeth Gunn (Bankr. D.D.C.), is joined by Judge Joseph N. Callaway (Bankr. E.D.N.C.) and retired Judge J. Rich Leonard (Bankr. E.D.N.C.), who is now the dean of Campbell Law School. In a complicated scheme to defraud their limited partners, George Osserman and his confidant and girlfriend, Zan Galloway, formed an entity which acquired interests in four parcels of real property in North Carolina which were heavily mortgaged. Osserman then formed Tudor Associates Ltd. II, a Nebraska limited partnership, and appointed Galloway as the general partner. Tudor then acquired the properties from Osserman’s other entity, and gave the other entity a note secured by a wraparound deed of trust on all of the properties. In 1977, Tudor filed for bankruptcy under Chapter XII of the Bankruptcy Act of 1898, and in 1979 proposed to sell the properties to an Ohio corporation that, unbeknownst to the bankruptcy court and other parties, was in fact controlled by Osserman. After learning that Osserman in fact controlled the purchaser, Tudor’s limited partners sued in 1983 to set aside the sale on the grounds of fraud. Although Section 511 of the Bankruptcy Act of 1898 and Rule 60(b)(3) meant that the limited partners’ claim was time barred, the bankruptcy court employed a novel theory and avoided one half of the transfer of the notes, totaling $11.6 million, on the grounds of fraud on the court. Judge Callaway recalls the extensive litigation and appeals that were involved in his efforts to collect on this judgment (including a subsequent Chapter 11 case filed by one of the judgment debtors), where he served as the Chapter XII trustee in the Tudor bankruptcy case, and Judge Leonard recounts the novel issues presented in the subsequent Chapter 11 case, including issues related to the bankruptcy court’s “related to” jurisdiction under 28 U.S.C. § 1334.
In this episode, Stuart Riback, partner, Wilk Auslander, and John Coyle, UNC Law School, look at the reasons for having a choice of law clause, what cases would look like without one, what the permissible choices are, what sorts of issues the clause can cover, how different kinds of formulations of a clause can affect its scope, special considerations affecting cross-border transactions, and effect of public policy considerations.
The public has been fascinated by the experience of interacting with large language models, or LLMs, like OpenAI's ChatGPT and Google's Gemini. In this episode we will look at current work with LLMs that plays to their strengths and involves a lower risk of inaccurate outputs. In particular we will look at the use of LLMs to translate between languages.Software teams generally operate in their native language. Once they have finished building their system, they often want to make it available in other languages to access other markets. The process of making a program that was originally written for one language usable by people who speak other languages is called internationalization. Historically internationalization has been a slow and expensive process.Today we will be talking with Archie McKenzie, the founder of a Silicon Valley startup that is offering internationalization services to software teams. Archie is atypical in various ways. A Briton, Archie came to the US to study Classics at Princeton. He ventured into a course taught by a famous computer scientist, Brian Kernighan, whose teaching inspired Archie to switch from Ancient Greek and Latin to Java, Python, and Typescript. After graduating from Princeton in 2024, Archie started a company called General Translation to develop and commercialize internationalization automation for software development projects.
podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship.The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated.For legal guidance, please consult a qualified attorney.)
Host Gary J. Ross discusses the Small Business Investment Company (SBIC) program with Christopher Rossi, a partner at Troutman Pepper. Chris explains how SBICs function as privately managed funds that access SBA-backed leverage. Chris walks listeners through how SBICs are structured, and how SBA-backed leverage can multiply a sponsor’s private capital. He outlines the detailed and technical SBIC licensing process, and the ongoing oversight SBICs face. Chris also explains to Gary that “small business” does not necessarily mean mom-and pop stores. Chris closes by offering practical guidance for lawyers and fund sponsors considering the program.
The Advocates Toolbox: Effective Advocacy Strategies for a Successful Mediation, is co-hosted by Mia Levi, Vice President and Corporate Secretary, CPR Dispute Resolution Services LLC, and Rachel Gupta, Mediator and Arbitrator at JAMS. This podcast will cover the skills business lawyers need to be successful advocates in mediation. Episode 4: Effective Mediation Advocacy. This session will cover the types of attorney behaviors that are productive (and those that are counterproductive) in the mediation session, as well as practical tips from mediators for getting your adversary to move their position and how to keep building momentum. Speakers: L. Tyrone Holt, Managing Principal at The Holt Group LLC, and Theo Chang, Arbitrator and Mediator at ADR Office of Theo Cheng LLC.
Join us to celebrate the federal trial bench and to hear from Magistrate Judge Peggy Kuo, of the US District Court for the Eastern District of New York, as she describes her path from prosecuting street crime in the District of Columbia US Attorney’s Office, to prosecuting hate crimes at the US Department of Justice Civil Rights Division, to prosecuting war crimes and crimes against humanity at the UN International Criminal Tribunal for the former Yugoslavia in The Hague, to serving as Chief Hearing Officer at the New York Stock Exchange and General Counsel of New York City’s Office of Administrative Trials and hearings, and more. Judge Kuo reflects on how each of these positions prepared her for the next, and her practical perspective on how every day can be a good day in court.
The Advocates Toolbox: Effective Advocacy Strategies for a Successful Mediation, is co-hosted by Mia Levi, Vice President and Corporate Secretary, CPR Dispute Resolution Services LLC, and Rachel Gupta, Mediator and Arbitrator at JAMS. This podcast will cover the skills business lawyers need to be successful advocates in mediation. Episode 3: Anchoring Strategy and Messaging in Mediation. Distributive bargaining is a competitive negotiation strategy that is used to decide how to allocate available funds in mediations. The speakers will guide us in developing your anchor, your target settlement range, and the strategy and messaging for achieving it. Speakers: Joan Stearns Johnsen, Mediator at JSJ-ADR and Adrienne Publicover, Mediator at JAMS.
Join us to celebrate the federal trial bench and to hear from Magistrate Judge Sarah Cave, of the US District Court for the Southern District of New York, as she describes her judicial “origin story” traveling a path from clerkships in the District Court and Court of Appeals, to private practice, and then to the bench. Judge Cave explains the role that public and community service has always played in her professional life, and shares her insights on the importance of pursuing a goal consistently, persistently, and from the heart.
The Madoff team included many experienced attorneys, as well as many new lawyers. A new attorney can get lost in a case like Madoff. Our guest for this episode, Attorney Camille Bent, joined the Madoff team at Baker Hostetler immediately after her two-year clerkship with Bankruptcy Judge Pamela Pepper, who is now the Chief District Judge in the Eastern District of Wisconsin. Camille describes how she and the firm navigated her career while working on this fascinating and at times all-consuming case, which is a story unto itself. This episode will be of special interest to younger lawyers and law firm management in processing pathways for advancement in firms for lawyers that are working on high-stakes cases in which there is global interest. Unsurprisingly, Camille underscores that she needed to be intentional about getting exposure to a range of cases and partners beyond those involved in the Madoff case.
Preparing for the mediation session is key. This session will cover how to evaluate your case and determine an appropriate settlement range, how to consider and evaluate risks, and more.
In episode three we turn to the cutting-edge legal issues legal issues of law that were raised in the Madoff case. Because it presented circumstances unlike any that had come before it, the Madoff case required the legal team to develop a new legal playbook. In this episode David Sheehan and Camille Bent of the Baker Hostetler team offer a tutorial on the new precedents established in the case that will provide a game plan for those that are charged with managing recovery after massive Ponzi schemes and will benefit victims of such cases. The most significant of these legal victories is court acceptance of the use of a net equity approach to fairly determine the claim amounts of investors in what has become known as a “net winners/net losers” game plan.
Join us to celebrate the federal trial bench and to hear from Bankruptcy Judge Elizabeth Gunn, of the US Bankruptcy Court for the District of Columbia, one of the first COVID-era judges to take the bankruptcy bench, taking the oath of office from her living room as the sole bankruptcy judge in the District of Columbia and DC Circuit. An active member of several local, regional, and national bar associations, Judge Gunn may be best known to some as the moderator of the ABA’s popular podcast series “Bad Boys of Bankruptcy,” and previously worked in private practice and as an Assistant Attorney General in Virginia’s Division of Child Support Enforcement. Judge Gunn shares her thoughts and offers practical insights on balancing her many roles and responsibilities – and her hobby of running marathons!
Join us to celebrate the federal trial bench and to hear from Magistrate Judge Diana Song Quiroga, of the US District Court for the Southern District of Texas, a true career public servant, as she describes her path from a federal judicial clerkship to Texas’s Rio Grande Legal Aid, to service as an Texas Assistant Attorney General and Assistant United States Attorney in the Laredo Division, where she now serves as a judge. Judge Song Quiroga shares her positive outlook on the value of making a difference every day in your work, and the importance of keeping an open mind to new opportunities to do so.
In episode two we hear about the extraordinary coordination of the Baker Hostetler team with federal, state and international investigators, including those from the FBI, the SEC, the United States attorney and other law enforcement agencies. Attorneys David Sheehan and Camille Bent are back to discuss how the criminal investigation proceeded hand in hand with the complex work of collecting assets to return a dividend to the thousands of investors that lost billions to the Madoff scheme. In addition to Madoff, several people associated were charged, convicted and sentenced to prison for their roles in this massive fake investment business.
Hostetler LLP, is retained along with Irving Picard to begin the process of an orderly liquidation of the Bernard L. Madoff Investment Securities LLC. The enormity of the case is unveiled as David and his team learn that $64 billion in supposed investments have in fact never existed despite years of reports to investors that the funds were returning up to 17% profits annually.
This session will set up the basis of why and when to mediate, including the benefits of mediation, figuring out whether mediation is right for your dispute, selecting the right mediator and determining the right time to mediate.Guests in this episode are Kate Gonzalez, Senior Legal Counsel at Airbus and Chris McDonald, ADR Office of Chris McDonald.
Host Gary J. Ross talks with Chris Harvey, Managing Partner at Harvey Esquire and a prolific LinkedIn contributor, about three bipartisan bills pending in Congress that could reshape the VC ecosystem: the Equal Opportunity for All Investors Act (HR 3339), which would create an exam-based path to accredited investor status; the Improving Capital Allocation for Newcomers Act (HR 4431), which would raise Section 3(c)(1) fund limits to 500 investors and $50 million; and the Venture Capital Advisor Flexibility Act (HR 4429), which would increase the allowable percentage of secondaries and fund-of-funds investments for exempt reporting advisers.
Join us to celebrate the federal trial bench and to hear from Chief Magistrate Judge Willie Epps, Jr., of the US District Court for the Western District of Missouri, as he describes his path from Natchez, Mississippi, to public service as a Judge Advocate and Captain in the US AirForce JAG Corps, and then as Assistant Special Counsel-US Department of Justice in the Waco Investigation – and then to solo practice, big firm practice, and head of litigation for a leading financial services firm. Judge Epps offers his insights on how each of these positions contribute to who he is a judge today, and shares practical tips on how to have a good day in his courtroom.
Join us to celebrate the federal trial bench and to hear from Magistrate Judge Gina Simms, of the US District Court for the District of Maryland, as she describes her path first in public service, including a judicial clerkship, and some seventeen years as an Assistant United States Attorney in the District of Columbia and Maryland and as an Associate Independent Counsel tasked with investigating a former Cabinet secretary – and then in private practice for six years, where she continued to work on criminal and civil compliance and enforcement matters. Judge Simms shares her thoughts on how to have a good day in her courtroom, and what missteps to avoid.
In Episode 7, host Jordan L. Fischer, Esq. interviews Representative Stephanie Scialabba, a state representative in the Commonwealth of Pennsylvania, who is using her experience in her prior career as a practicing attorney in data privacy and cybersecurity to advance the privacy rights of Pennsylvanians and create realistic solutions for evolving issues. In this episode, Representative Scialabba discusses her perspective on the legislative process around technology, privacy, and how she is approaching such a fast-paced and highly influential area of the law.For more information on Representative Scialabba, visit: https://www.repscialabba.com/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Host Gary J. Ross speaks with Ruth Jin, Partner at Mintz, about GP-led secondary transactions, in which a general partner of a fund initiates a sale of one (or more) of its portfolio companies to a new fund, called a continuation vehicle (CV), which is typically managed by the same GP. Ruth describes the setting up and marketing of the continuation vehicle, and the options given to the current fund’s limited partners. Gary and Ruth spend significant time on the conflict of interest issues, and how they are mitigated. Ruth also touches on the necessary disclosures that must be made in the CV’s offering documents.
Host Gary J. Ross speaks with Erik Syvertsen, Chief Legal Officer of AngelList. After a brief introduction, Erik starts off the chat by outlining some of AngelList’s key offerings, including SPVs, Rolling Funds, and Roll Up Vehicles. Gary and Erik then go into how AngelList funds tend to be structured, as well as how AngelList navigates regulatory concerns such as general solicitation and the investment adviser and broker-dealer rules. The episode concludes with a conversation about regulatory trends affecting the platform and the broader venture capital ecosystem, including potential initiatives to expand VC access to retail investors.
Stephen Lawrence and Thomas Thompson both sat in prison, holding the proverbial keys to their own cells, for years on end. One was alleged to have stashed assets in an offshore trust before filing for bankruptcy; the other was alleged to have stashed the golden spoils of a shipwreck beyond the reach of creditors. Joined by Professor Christopher Hampson and Mac VerStandig, Judge Gunn explores two cases where people seemingly valued riches over freedom, and how those cases yielded two of the longest stretches of civil incarceration in modern American history.
In this episode, Judge Elizabeth Gunn is joined by attorneys Abigail Ryan and Jason Binford to discuss the astonishing saga of a relentless debtor who turned the bankruptcy system into his personal battlefield.It began when Abigail Ryan’s client needed to evict a tenant for unpaid rent. But instead of leaving quietly, the tenant filed for bankruptcy, halting the eviction and launching a wave of litigation. As Abigail and Jason soon discovered, he was no stranger to this tactic, filing bankruptcy petitions on the eve of evictions, contempt hearings, and other legal trouble to stall proceedings and frustrate creditors. After exhausting his welcome in state court, where he was declared a vexatious litigant, he shifted to federal court, flooding dockets with motions, adversary proceedings, and procedural maneuvers. Join them for a riveting exploration of legal strategy, courtroom battles, and the fight to protect the integrity of the bankruptcy system from serial abusers.
systems. In the first session we learned about the Apollo Program's lunar landing control system. In this episode we are going to explore a contemporary human plus computer control system failure involving a US Navy warship.We will be looking at a collision in the Singapore Strait in the pre-dawn darkness of August 21, 2017. The National Transportation Safety Board, or NTSB, determined that the causes of the collision between the destroyer USS John S McCain and the tanker Alnic MC included a lack of effective operational oversight, insufficient training, and inadequate bridge operating procedures. Also contributing to the accident were the McCain bridge team’s loss of situational awareness and failure to follow steering loss emergency procedures.
In Episode 6, host Jordan L. Fischer, Esq. interviews Rachael Pashkevich Koontz, Associate General Counsel of cybersecurity and data protection for a large U.S. Government Contractor in the technology space. Rachael provides key insight into her unique role as an in-house cyber attorney, and the day-to-day role she plays in shaping the cyber policy and approach within her organization. Rachael and Jordan discuss how the cybersecurity industry is changing, and how that has made in-house advising on cyber more dynamic and impactful across the business and its operations. For more information on Rachael Pashkevich Koontz, visit: https://www.linkedin.com/in/rachael-pashkevich-koontz-esq-8915ba48/. to contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Welcome to To the Extent That, presented by the ABA. Today’s From Boardroom to Courtroom features Kurt Wolfe—a Partner in Quinn Emanuel’s SEC Enforcement group, former in Securities co-host, and adjunct securities law professor at the University of Richmond.We’ll discuss the SEC’s landmark Stable Road / Momentus enforcement, examine newly minted SPAC accounting and disclosure reforms, and explore the surprising 2025 SPAC resurgence.
This case concerns the consequences for debtor misconduct in a Chapter 13 case. The Chapter 13 debtors, Marcus and Amanda Purdy, sought court approval to take out a mortgage to purchase a home, but the court denied the motion to incur debt and the debtor’s motion to reconsider the ruling. Undeterred, the debtors moved forward with obtaining a mortgage to purchase the property, providing a letter to the mortgage lender on the Chapter 13 trustee’s letterhead which was later discovered to have been forged by Mrs. Purdy. When the Chapter 13 trustee discovered the forged letter, he moved to dismiss the debtor’s case with prejudice with a 15-year bar to refiling. The bankruptcy court ultimately granted the motion, dismissing the case and barring Mrs. Purdy from filing for bankruptcy for 10 years, and barring Mr. Purdy, who did not have knowledge of the forged letter, from filing for 5 years. The debtors appealed the order to the district court, which not only affirmed the bankruptcy court, but instructed the clerk to refer the matter to the U.S. Attorneys’ office for criminal prosecution. Mrs. Purdy was thereafter federally prosecuted for mortgage fraud, and in final tragic twist, the home purchased without bankruptcy court authorization wound up burning down a few months after it was purchased. Judge Gunn discusses the bankruptcy case, the appeal to the district court, and the collateral criminal consequences with attorney Landon G. Van Winkle and the U.S. Bankruptcy Administrator (“BA”) for the Eastern District of North Carolina, Brian Behr. Issues discussed include the investigative role of the Chapter 13 trustee and BA’s office into debtor misconduct, the role of local rules in bankruptcy cases, and the penalties debtors may face for violations of court orders in bankruptcy.
In this book he examines both the design of the flight controls for the vehicles that conveyed astronauts to the moon in 1969 and beyond and how the people were trained to use them.Dr. David Mindell is Professor of Aerospace Engineering and the History of Technology at the Massachusetts Institute of Technology. Professor Mindell has spent more than three decades researching the myriad relationships between people and machines and innovating to improve them. He is interested in human and machine collaboration; navigation and autonomy for transportation and mobility; ultra-wideband systems; history of aviation and spaceflight; and entrepreneurship.
Host Gary J. Ross speaks with Marc Fosse, partner in Seyfarth Shaw’s San Francisco office and a nationally recognized expert on executive compensation, about the landscape of employee equity compensation. Marc outlines the differences between stock options, restricted stock, phantom equity, and profits interests. Gary and Marc then discuss some of the tax and legal concepts relating to employee equity plans such as 83(b) elections, Alternative Minimum Tax (AMT), and 409A compliance. To close out the episode, Marc talks about common pitfalls when granting equity and offers practical guidance for early-stage companies on equity compensation.
The entertainment industry in the US, with revenues in 2022 of about 8.5 billion dollars, is only three hundredths of one percent of the 23.3 trillion dollar US economy. However, entertainment is far more important to society as a whole than the industry’s financials might suggest.In 2022 when large language models like OpenAI’s ChatGPT and Google’s Gemini began to show signs of prodigious capabilities in the entertainment domain, studios began to experiment with using AI in lieu of actors and writers. In response to the refusal by the studios to negotiate guardrails for the use of AI, the unions representing the writers and actors went out on strike and forced negotiations.The agreements concerning the status of generative AI that were instrumental in settling the strikes are a tremendously important step in establishing governance of AI in operational practice, at least for one industry. These agreements may hold important lessons for other industries.We are fortunate to have as our guest for this episode Louise Nemschoff, who practices entertainment and copyright law in Los Angeles. She represents a wide variety of parties in both domestic and international transactions.
AI is increasingly viewed as a potential co-creator of text, images, videos, music, and audio. However, in March of 2023 the US Copyright Office expressed the view that ‘copyright can protect only material that is the product of human creativity.’In this episode Claudia Ray, a partner in the New York office of Kirkland & Ellis, a major law firm with a distinguished IP practice, discusses the important questions of intellectual property raised by the newly emerging artificial intelligence technologies, particularly large language models like OpenAI’s ChatGPT and Google’s Bard.
The debtor, a real estate contractor and developer, failed to cooperate with the chapter 7 trustee and engaged in aggressive tactics including suing the first judge presiding over the case leading to her recusal. In addition to the typical Bad Boys of Bankruptcy content, the panel explored the standards and ethical considerations surrounding judicial recusal, including the process for sua sponte recusal, the risks of seeking disqualification, and the related ethical rules. In addition to host Judge Gunn the panel included Judge Frank Bailey (ret.), Raychelle Ann Tasher, Ass’t U.S. Attorney (SD Fla.), with a special appearance by Judge Melvin Hoffman (ret.).
Ponzi schemes have persisted around the world even before the eponymous investment scheme of Charles Ponzi in the early 1920s. This case concerns a Ponzi scheme based on the purported sale of music that nobody really wanted, which was engineered by Ukrainian-American Volodimyr Pigida and his wife, Marinia Bondarenko. The scheme resulted in roughly $22 million in fraudulent proceeds. Pigida was ultimately convicted of 26 counts in a federal indictment, including conspiracy, wire fraud, mail fraud, and bankruptcy fraud, and was sentenced to 14 years in prison. In this episode, Judge Gunn discusses the bankruptcy case filed by Trend Sound Promoter, the company the couple used to perpetrate their fraudulent scheme, with attorneys Mark Stern and Rory C. Livesey. Issues discussed include how language barriers presented issues in the bankruptcy proceedings, how the trustee located assets to liquidate for the benefit of creditors (including victims of the scheme), and how the owners of Trend Sound Promoter were ultimately brought to justice.
Host Gary J. Ross speaks with Christopher Mirabile of Launchpad Venture Group about key legal terms in angel investing. Christopher, who is Chair Emeritus of both the SEC’s Investor Advisory Committee and the Angel Capital Association, as well as the co-founder of Serif Investor, offers a candid take on what matters most to angel investors, with a focus on pro rata rights and information rights. Christopher also discusses concerns with convertible notes and SAFEs, the importance of clear subscription instructions from company counsel, and how to balance protecting investor interests with giving founders the flexibility they need to lead.
Host Gary J. Ross discusses the potential benefits of incorporating in Nevada (and the correct pronunciation of the Silver State) with Rew Goodenow, a shareholder at Parsons Behle & Latimer in Reno, Nevada. Gary and Rew explore why more businesses are choosing to incorporate in Nevada. Rew highlights Nevada’s long-standing pro-business legal framework, tracing its evolution from 19th-century mining to gaming powerhouse to modern corporate law. Nevada’s beneficial business judgement rule, strong privacy practices, and simple filing process, all of which have made Nevada desirable, are also discussed.
In Episode 5, host Jordan L. Fischer, Esq. interviews Professor of Law, Nancy B. Rapoport, and Joseph Tiano, CEO of Legal Decoder, on the long term impact of Artificial Intelligence, and specifically Generative AI, on the billable hourly model. Nancy and Joe share their perspectives having interviewed numerous law firms for their recent publication, Fighting the Hypothetical: Why Law Firms Should Rethink the Billable Hour in the Generative AI Era, 20 Wash. J. L. Tech. & Arts 41 (2025). Specifically, they discuss the specific ways in which they are seeing Gen AI change day-to-day legal operations, and how those impacts will result in changes to client billing expectations. Nancy and Joe provide insight into alternative billing models, and a new hybrid approach that law firms need to embrace in order to adapt to the changing times. For more information on Professor Rapoport, visit: https://www.linkedin.com/in/nancyrapoport/; for more information on Joesph Tiano, visit: https://www.linkedin.com/in/joseph-tiano-1767372/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
This episode of the ABA-funded podcast, "Mind the Gap: Dialogs on Artificial Intelligence" was recorded at a Continuing Legal Education session. Our subject is, "The Intersection of Cybersecurity and Artificial Intelligence."Our two guests, Candace Jones and Jon Garon, are distinguished lawyers.Candace Jones retired recently from the Federal Reserve Bank of New York. Previously she was a partner at a large law firm in Cleveland and is a former Chair of the ABA Section of Business Law's Cyberspace Law Committee. She is now a member of the ABA Cybersecurity Legal Task Force.Jon Garon is Professor of Law, Nova Southeastern University Shepard Broad College of Law and is the current Chair of the ABA Section of Business Law's Cyberspace Law Committee.Both Candace and Jon have written extensively on artificial intelligence and cybersecurity. Some of their writings are included in the materials for this program and will be linked in the podcast web page about this episode.
Host Jordan L. Fischer talks to Monique Priestley about her career progression from an IT professional into a Vermont state representative and the technology issues surrounding her advocacy for data privacy and age appropriate software design.
In this special public service episode, Judge Elizabeth Gunn is joined by Rebecca A. Earl and Dana McWay to explore a growing and often overlooked corner of bankruptcy fraud: the exploitation of unclaimed funds. With over half a billion dollars currently held in unclaimed distributions, the system has become a target for fraudsters employing everything from falsified assignments to identity theft and wire fraud to steal from legitimate creditors.The episode unpacks the legitimate process for recovering unclaimed funds and how bad actors have learned to exploit it. From fund locators—some legitimate, some not—to individuals impersonating creditors or creating companies with identical names to the true payees, the guests reveal just how elaborate these schemes have become. This cautionary tale doesn’t follow one fraudster—it shines a spotlight on a systemic vulnerability, offering insight into what courts and clerks are doing to protect the system. Tune in to hear how the courts are fighting back against this wave of bankruptcy fraud.
Host Professor J.W. Verret interviews Pete Tomczak, global head of investigations at Baker McKenzie, about the current state of Foreign Corrupt Practices Act practice in the wake of the new administration's pause. We discuss the real world FCPA case of US v. Lawrence Hoskins, a defendant who was acquitted in a case that went to trial and saw multiple appellate decisions that demonstrates a tendency for federal overreach in FCPA matters.
Host Professor J.W. Verret interviews Professor Charles Elson on Delaware's Marchand case. A listeria outbreak in Bluebell ice cream led to a criminal case by the federal prosecutor and a successful "Caremark" failure to oversee claim in Delaware. We interview Charles about his service as a member of the Bluebell special litigation committee that handled this matter.
In Episode 3, host Jordan L. Fischer, Esq. interviews Corey Dennis, Chief Privacy Officer & Assistant General Counsel at Legend Biotech, where he leads the global privacy, cybersecurity, and artificial intelligence legal programs. In this episode, Jordan and Corey walk through two recent developments that are impacting data strategies in the healthcare and life sciences industry: the EU NIS2 Directive and the Department of Justice ("DOJ") Final Rule on the bulk transfer of sensitive data to “countries of concern” or “persons of concern.” Corey provides practical insights into the way that both of these new requirements are impacting businesses, as well as considerations for businesses who are required to comply with these changes.For more information on Corey Dennis, visit: https://www.linkedin.com/in/corey-m-dennis-cipp/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In this episode, Judge Gunn discusses the case of Steven and Lori Palladino with Mark DeGiacomo, who served as the Chapter 7 trustee in their case. Mr. DeGiacomo was tasked with administering the fallout resulting from the debtors’ Ponzi scheme run through an entity called Viking Financial Group, Inc. Mr. Palladino used Viking to promise “investors” a guaranteed 12% return on their investments, initially meeting with family and friends at Dunkin Donuts or at his kitchen table, and paying out their “dividends” in cash-stuffed envelopes. Mr. Palladino was ultimately convicted of numerous crimes and sentenced to more than 10 years in prison after it was revealed that he had bilked his victims out of more than $10 million. Mr. DeGiacomo winded up conducting at least two dozen Rule 2004 examinations as part of his investigation into the assets and financial affairs of the debtors and used this information to prosecute numerous avoidance actions and liquidate assets of the debtors to repay their creditors and victims. Mr. DeGiacomo recovered numerous lavish gifts Mr. Palladino had given to his wife as well as to his 20-year-old girlfriend, including jewelry, designer handbags, shoes, and dresses which the trustee sold at auction for the benefit of creditors. He also prosecuted an adversary proceeding against Sacred Heart University to recover nearly $65,000 in tuition Mr. Palladino had paid on his adult daughter’s behalf, resulting in a decision by the U.S. Court of Appeals for the First Circuit that Mr. Palladino had not received “reasonably equivalent value” in exchange for the tuition payments, because emotional, intangible, or non-economic benefits did not satisfy the standard, and thus the university was required to return the funds to the estate for the benefit of creditors. Mr. DeGiacomo ultimately recovered approximately $2.5 million for distribution to the estate. Mr. Palladino ultimately died in state prison in 2020 before he ever began to serve his 2-year federal prison term for criminal contempt due to his failure to obey orders imposed in a civil action brought against him by the SEC related to the Ponzi scheme.
From ancient times what we now call mathematical models have been used to predict the arrival of seasons, comet returns, and eclipses. With sophisticated mathematics, good data gathering, and modern computers we can now predict things like the tides and the trajectories of interplanetary probes with considerable accuracy. We have also made progress in predicting weather.For some phenomena, for example earthquakes, we are still seeking to develop predictive models.As we heard in Episode 2 of this podcast, AI systems can be described as making predictions based on models, models that are trained on vast collections of data. These models seem intuitively different from the others. However, some truths hold for both kinds of models, in particular while "all models are wrong, some models are useful," as is explained by our guest in this episode in which we explore the world of models with Dr Erica Thompson.
In Episode 2, host Jordan L. Fischer, Esq. interviews Judy Selby, the founder of Selby Strategies and working as a certified performance coach. Judy is the author of "The Untold Secrets to Thrive as a Lawyer: Six Steps to Ignite Your Legal Career Even if You Didn’t Go to Harvard or Yale," which provides insights into every stage of a legal career. In this episode, Jordan and Judy discuss the strategies that all lawyers can use across their career to find rewarding and long-lasting opportunities in the profession. Judy provides real life examples from her legal career, giving practical advice on key topics all lawyers should be thinking through as they advance in their careers. For more information on Judy Selby, visit: https://www.linkedin.com/in/judyselby/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Host Gary J. Ross talks about the Lone Star state with Brett Cenkus, principal of Austin-based Cenkus Law. While Delaware has been the center of corporate business law for the last century, a recent push to incorporate in other states has made news, especially with Elon Musk changing his companies’ incorporation to Texas last year. Brett, who is admitted to practice in both Texas and Delaware, discusses Texas’s emerging business-friendly environment and Delaware’s well-established corporate law framework to compare the two state’s statutes and courts. Gary and Brett also cover the process of converting a Delaware corporation into a Texas corporation.
Darren Berg started as a mortgage broker but then found himself orchestrating a $150 million Ponzi scheme. He diverted funds into a lavish lifestyle—owning multiple mansions, yachts, and a luxury bus company. When the fraud unraveled, bankruptcy proceedings led to significant legal battles, shaping Oregon’s fraudulent transfer law in the process. But Berg’s downfall didn’t end in prison—he pulled off a daring escape, fleeing custody and vanishing into Brazil. Judge Gunn, Mark Calvert, and Michael Gearan discuss Berg’s rise and fall, the legal aftermath, and the lingering question: will he ever be caught?
Host JW Verret interviews former SDNY prosecutor Sam Enzer about a $117 million crypto hack that happened in plain sight and led to fraud and market manipulation convictions for the perpetrator who bragged about his scheme on social media. JW Verret is a corporate and securities law professor at GMU Scalia Law School and regularly serves as a forensic accounting expert witness in white collar matters.Sam Enzer is a partner at Cahill Gordon & Reindel LLP and the founder and co-chair of CahillNXT, the Cahill firm’s market-leading digital assets and emerging technology practice, where he has successfully guided numerous prominent crypto sector companies, entrepreneurs, founders and developers through “bet the company” civil litigations and high-stakes regulatory enforcement proceedings, criminal matters, internal corporate investigations, and corporate crises.
In Episode 1, host Jordan L. Fischer, Esq. interviews Damien Riehl, a technology lawyer who is currently leading the design, development, and expansion of products at vLex (formerly, Fastcase), integrating AI-backed technologies to improve legal workflows and to power legal data analytics. Damien provided a deep dive into the ways in which lawyers are leveraging AI, and how AI is already, and likely will continue to, disrupt the practice of law. In his discussion of AI and the law, Damien provided key insights into ethical considerations (competency, confidentiality, and billable fees) as well the opportunities that AI presents to narrow the access to justice gap and creative more effective lawyering across all sectors of law. For more information on Damien Riehl, visit: https://www.linkedin.com/in/damienriehl/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Host Gary J. Ross discusses BDS (Boycott, Divestment, and Sanctions) and its relation to private equity and venture capital with Anat Alon-Beck, associate professor at Case Western Reserve University School of Law. Gary and Prof. Alon-Beck discuss the BDS movement and its goal of applying economic and political pressure on Israel and any company doing business with Israel. Prof. Alon-Beck highlights the reputational and financial risks to companies in all fields, including technology, defense, and academia, the latter evidenced in protests demanding universities withdraw funds from companies with business ties to Israel.
Host Gary J. Ross discusses the Qualified Small Business Stock (QSBS) exclusion with Roger Royse, partner in the Palo Alto office of Haynes and Boone, LLP. Gary and Roger go over the history of QSBS, and Roger talks about how important QSBS is today to investors in emerging companies. The various QSBS requirements are described, including the necessity for being a C corporation, the holding period and how it is counted, and the growth assets test. Roger closes out the episode by noting common pitfalls of QSBS such as delays in incorporation or exercising options, S-elections, company distributions, and secondary sales.
Host Gary J. Ross discusses the cryptocurrency space with Lewis R. Cohen, Partner and Co-Chair of Cahill Gordon’s CahillNXT practice group. Lewis starts off the episode by defining certain terms commonly used in the cryptocurrency space, including crypto asset, native assets, and distributed ledger technology (DLT). Gary and Lewis go on to have a wide-ranging discussion that touches on NFTs, SAFTs and token warrants, decentralized autonomous organizations (“DAOs”), the SEC’s Custody Rule and UCC Article 12, and the potential for future comprehensive cryptocurrency legislation.
Host Gary J. Ross and Ben Kwon, Partner at Nixon Peabody, longtime co-chair of the ABA BLS Fund Formation subcommittee and guest on Episode 17, get together once again to talk about fund formation. Ben starts by talking about the Fifth Circuit’s vacating of SEC’s Private Fund Adviser Rules, and why fund managers should still consider the rules. Gary and Ben go on to discuss equalization fees paid by later investors, how to handle LPs who fail to meet capital calls, when to set up an offshore feeder, fees collected by managers (beyond management fees and carry), and several other topics, including the upcoming ABA BLS meeting in San Diego.
In this episode of The Subchapter V Podcast, David Mawhinney is joined by Hon. Frank J. Bailey, U.S. Bankruptcy Judge for the District of Massachusetts (Ret.) and Andrew Lizotte, shareholder at Murphy & King P.C. to discuss small business reorganization under Subchapter V of chapter 11 of the U.S. Bankruptcy Code and, specifically, the debtor's requirement to commit projected disposable income to paying creditor claims. The show begins by breaking down a debtor's revenue projections and what expense deductions are reasonable in arriving at projected disposable income. The team then turns to the plan term and arguments for extending it beyond the three-year minimum.
In Episode 7, host Jordan L. Fischer, Esq. interviews Jennifer Williams, partner at Freeh Sporkin & Sullivan, specializing in national security and cybersecurity risk. In this episode, Jennifer provides insight into the evolution of national security and cybersecurity during her tenure at the Department of Justice, and how the DOJ has evolved to meet changing cyber risks. Jennifer also talks through how she learned to take her traditional legal career and become a cybersecurity specialist, advising both the government and now the private sector on how to mitigate cyber risk. For more information on Jennifer Williams, visit: https://www.linkedin.com/in/jennifer-arbittier-williams/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Host Gary J. Ross discusses impact investing with Chintan Panchal, Partner at RPCK Rastegar Panchal. Chintan starts off the episode by defining “impact investing,” which he describes as investing in solutions to societal problems through an entrepreneurial lens. Gary and Chintan then discuss the history of impact investing, the intricacies of an impact deal, and prominent players such as Development Financial Institutions. Additional topics covered include obtaining impact reports, negotiating DFI side letters, and working with donor-advised funds, as well as the role of faith-based investors. Chintan closes by telling of his favorite impact investing deal.
Hannah Hutman and Mac VerStandig discuss how the growing merchant cash advance industry impacts small business bankruptcy cases. Some debtors and trustees treat merchant cash advances as ordinary secured – or unsecured – debts; some debtors and trustees look at the transactions as fraudulent conveyances. This episode covers key points in determining whether a claim is really secured and strategies for taking on these increasingly frequent obligations.
In this lively episode you will learn the evidentiary standards required for confirmation of a chapter 11, Sub V plan in both consensual and contested confirmation hearings from a retired bankruptcy judge and an experienced restructuring attorney. The panel will delve into the quantum of evidence required under section 1129 as well as specific methods of meeting your burdens. Recognizing that resources are commonly scarce in Sub V cases, the panel will focus on ways to meet those burdens through your client or other witnesses that do not require the expenditure of professional fees. The episode offers highly practical advice and cites specific cases that will help you get through the process. It also makes suggestions on when you need an expert, how to evaluate the qualities your expert should bring to the stand, and who never to call as an expert!
In Episode 6, host Jordan L. Fischer, Esq. interviews Ellie Ludlum, partner at Pinsent Masons, specializing in cyber and data risk, with significant experience of acting for insurers and insureds operating in a range of sectors including financial institutions, manufacturing, technology and media. In this episode, Ellie provides detailed insight into the newly adopted European Union AI Act, and its practical implications for businesses. She talks through how the UK is also addressing AI, and the likely impact of evolving regulations on the impact of AI within businesses.For more information on Ellie Ludlum, visit: https://www.linkedin.com/in/ellie-ludlam-a7736927/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Host Gary J. Ross talks with Davidson Oturu, Fintech attorney and Managing Partner at Nubia Capital, a VC firm focused on tech startups in Africa. Davidson starts by discussing his experience drafting the Nigeria Startup Act. Gary and Davidson then talk about the use of Delaware C-corps by African startups, including conducting the “Delaware flip” and dealing with laws requiring local shareholders. Davidson covers exit options for African companies, and some of the differences he sees between VC in Africa and VC in the U.S. Davidson closes the episode by giving his thoughts on impact investing and the overall African market for investors.
In Episode 5, host Jordan L. Fischer, Esq. interviews Diane M. Janosek, current CEO of Janos LLC and former member Defense Intelligence Senior Executive Service. Ms. Janosek also served as the National Security Agency’s Deputy Chief of Compliance. In this episode, Diane provides a detailed look at the challenges that both the private and the public sector have in complying with evolving cybersecurity risks and regulations. Diane and Jordan dive into the challenges for technical innovation in light of emerging restrictive regulations and enforcements.For more information on Diane Janosek, visit https://www.linkedin.com/in/diane-janosek-abc/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Host Gary J. Ross discusses cannabis law with Hillary Bricken, Partner at Husch Blackwell. Hillary’s experience in cannabis law dates back to 2010 in Seattle when she was advising clients looking to take advantage of the dismantling of state laws against commercial cannabis activity. Hillary talks about cannabis regulation and enforcement at the state level and implications for both entrepreneurs launching cannabis-related businesses and investors in those businesses. Among other topics, Gary and Hillary also discuss banking issues and Canadian cannabis stocks trading on the OTC markets in the U.S. Thanks for a highly enlightening talk, Hillary!
In this episode we have two guests from the most senior ranks of the Royal Air force, Air Marshals Philip Osborn and Edward Stringer. Both men joined the UK’s Royal Air Force in 1982. Air Marshal Stringer served 36 years until 2018; and Air Marshal Obsorn served 37 years until 2019.Intelligence has always been about dredging through vast pools of dull bureaucratic documents, seeking illuminating insights. In this episode we will explore military thinking about how to responsibly use AI. One of our guests has said, “data is the new oil,” and expresses concern about the tainting of our data by our adversaries. We discuss with our guests the Royal Air Force’s use of AI in intelligence and operations.
Host Gary J. Ross discusses Business Development Companies (BDCs) with John Mahon, Partner at Proskauer Rose LLP. John began his career working at the SEC, and since then has devoted his practice to BDCs and registered funds. John explains how BDCs are a hybrid between a standard investment fund and a traditional finance company. Among the topics covered are congressional requirements for BDCs since their creation in 1980; the growth from four BDCs in the 1980s to a burst of them over the past twenty years; fee structures for BDCs; and their prominence in the venture lending space. Thanks for an informative talk, John!
Subchapter V has broad applicability and has been used by a wide variety of businesses and individuals since being enacted. There are, however, key limitations to who can seek to reorganize in Subchapter V and the benefits Subchapter V is capable of providing. In this episode, podcast host Mac VerStandig is joined by David Mawhinney to discuss some of those limitations.
In this episode of Path to the Bench, Chancellor Anne Martin, of Tennessee, speaks about her path to the Bench, finding fulfillment in the law, and the role of a judge. Chancellor Martin also discusses the importance of mentorship and paying it forward in one’s career.
Host Gary J. Ross talks with Curtis Mo, partner at DLA Piper and a leading Silicon Valley corporate and securities lawyer. Gary and Curtis discuss venture-backed startups and the issues that arise in IPOs vis-à-vis acquisitions. Curtis provides insights as to how companies interact with investment banks in the time leading up to an IPO, and why underwriters tend to price companies more favorably when those companies are venture-backed. Gary and Curtis also share thoughts on valuations and the “IPO ratchet”, due diligence, SPACs, reporting requirements, and the JOBS Act.
In Episode 4, host Jordan L. Fischer, Esq. interviews Dr. Valerie Lyons, Chief Operations Officer of BH Consulting and co-author of The Privacy Leader Compass, A Comprehensive Business-Oriented Roadmap for Building and Leading Practical Privacy Programs (https://www.taylorfrancis.com/books/mono/10.1201/9781003383017/privacy-leader-compass-todd-fitzgerald-valerie-lyons). During their discussion, Valerie dives into the intersection of Environment, Social, and Governance (ESG), and Corporate Social Responsibility (CSR) in the evolving privacy landscape. Focusing on Governance and CSR, Valerie and Jordan talk through privacy beyond the letter of the law, and the increasing regulatory trends towards privacy as a social responsibility. They discuss the challenges that businesses face in implementing privacy, and the role that leadership plays in creating effective privacy programs. For more information on Valerie Lyons, visit https://www.linkedin.com/in/valerielyons-privsec/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Host Gary J. Ross speaks with Darby Wong, Co-founder and CEO of Clerky, about legal document automation. A computer science major who worked in Silicon Valley before becoming an associate in BigLaw, Darby co-founded Clerky in 2011. Darby talks about Clerky’s original premise of facilitating convertible note financings, and how Clerky has expanded through the years to also handle formation, compensation, NDA, and other documentation. Gary and Darby discuss the need for legal counsel even when legal documentation is automated, and the unauthorized practice of law issues raised by the actions of some of Clerky’s peers.
Colorectal cancer is one of the leading causes of death in adults worldwide. The most important diagnostic and therapeutic technique for colorectal cancer is the colonoscopy. Gastrointestinal doctors are working with computer scientists to develop AI-based technologies to help enhance outcomes.We are fortunate to have Professor Doctor Julia Mayerle of the University of Munich as our guest. Dr Mayerle, Chair of the Department of Medicine at LMU, a recognized center of excellence for research in oncology, is an expert in gastroenterology and hepatology with a distinguished career at premier medical institutions in Europe spanning decades. Both a researcher and a clinician, Dr Mayerle has published extensively in a wide range of research areas in internal medicine.
Host Gary J. Ross talks with David Willbrand, Chief Legal Officer of Pacaso and author of Seed Deals. David discusses the ins and outs of startups and how they differ from small businesses, noting that startups “focus on innovation and disruption, doing something new,” typically leveraging technology and intellectual property with a focus on growth over profit. Gary and David discuss topics relevant to seed-stage companies, including convertible debt instruments, the movement towards using a simple agreement for future equity (SAFE), the post-money SAFE, and how founders and investors evaluate the risk of their early-stage investment.
In Episode 3, host Jordan L. Fischer, Esq. interviews Amit Elazari, co-founder and CEO of OpenPolicy, https://openpolicygroup.com/, a policy intelligence and engagement technology platform. In their discussion, Amit provides insight into the challenges with an increasingly complex policy and regulatory environment, and the capability of businesses to engage with key stakeholders on policy development. Jordan and Amit discuss how technology-related policies have evolved over the last decade, and predictions for where policy will focus in the coming months, including Artificial Intelligence, breach notification, and other emerging technologies.
Host Gary J. Ross and Sara Hanks of CrowdCheck discuss Regulation A, a longtime securities regulation exemption for public offerings that was greatly enhanced by the JOBS Act. Sara first talks about founding CrowdCheck after a career at the SEC and as a partner in Biglaw, and then Gary and Sara discuss the history, mechanics and uses of Reg A+. Among the topics touched on are Tier 1 and Tier 2 offerings, which companies are best suited for Reg A+, how companies selling collectibles use Reg A+, recent SEC actions against issuers relating to post-qualification supplement and amendments, and why venture capitalists should look into Reg A+ offerings.
Today we discuss US Air Force funded weather research at MIT with Major (now Lieutenant Colonel) Andrew Bowne, the chief legal counsel of the Air Force-MIT AI Accelerator. Major Bowne is a Judge Advocate in the US Air Force. In addition to his extensive legal credentials, Major Bowne holds a PhD in Artificial Intelligence from the University of Adelaide in Australia.
In Episode 2, host Jordan L. Fischer, Esq. interviews Monique Ferraro, Cyber Counsel at Hartford Steam Boiler (HSB), a Munich Re company. Monique and Jordan dive into the evolving world of cyber insurance and key changes in this industry. Monique provides insight into how the cyber insurance space has evolved over the last two decades, and where change is driving the entire industry. She also details the emerging concept of a cat backstop in cyber insurance: where the US government would provide government-backed coverage for catastrophic cyber incidents.
Host Gary J. Ross talks with Gregory S. Fryer, partner at the law firm of Verrill Dana. Gary and Greg explore the implications of the Corporate Transparency Act (CTA), scheduled to go into effect on January 1, 2024. The CTA will require tens of millions of companies to register with FinCen, an arm of the U.S. Treasury, with the intent to enable FinCen to develop an enormous database of individuals. Gary and Greg discuss the broad privacy and logistical concerns created by the CTA, and also touch on which companies will be required to file with FinCen, what information must be disclosed, the filing process, and the current availability of the forms.
In Episode 1, host Jordan L. Fischer, Esq. interviews Niki Black, lawyer, author, and head of SME and External Education at MyCase and LawPay. Niki and Jordan explored the impact of cybersecurity, privacy, and emerging technologies on the practice of law. Niki provided insight into key considerations for lawyers when considering incorporating technologies into their daily practice, and the key trade offs. Niki discusses the rapid changes in legal technology when it comes to artificial intelligence, and how lawyers should consider using tools like ChatGPT, and other AI-driven technologies to enhance their practice.
Host Gary J. Ross talks with Robert Gunderson, the founding partner of Gunderson Dettmer and a top-tier venture capital lawyer for over 40 years. Gary and Bob discuss Bob’s experience at the start of venture capital law and its evolution over time, including the impact of new regulatory requirements and the NVCA model forms, as well as changes in the IPO market and the importance and growth of the private markets. Gary and Bob also touch on the basic structure of venture capital funds and the value of private versus public boards in connection with fiduciary duties.
In this episode of “Path to the Bench,” Judge Mary Johnston, of Delaware, speaks of her path to the bench and what shaped her view of the law. Judge Johnston also discusses the importance of balance and preparation, as well as successfully navigating non-traditional career paths.
Host Gary J. Ross and Alexander Platt, associate professor of law at University of Kansas, discuss proposed changes to mandatory disclosure requirements for large private companies, a/k/a “unicorns.” These include changes to Section 12(g) of the 1934 Exchange Act, first proposed by ex-SEC commissioner Allison Herren Lee in 2021, as well as changes to Regulation D offerings suggested earlier this year by SEC commissioner Caroline Crenshaw. Prof. Platt talks about whether either of these changes can be made without explicit Congressional authorization, and delves into the potential real-world impact of these changes.
In this episode of “Mind the Gap: Dialogs on Artificial Intelligence,” we talk with an accomplished leader in national security. Air Marshal John Blackburn retired from the Royal Australian Air Force in 2008 as the Deputy Chief of the Air Force following a career as a fighter pilot, test pilot, and strategic planner.
In this episode of Path to the Bench, Lindsay Powell, an attorney at Wilson Elser, speaks to Justice Saliann Scarpulla, of New York, about her path to the Bench and how her background shaped her view of the legal system. Justice Scarpulla also shares what inspires her, tips for young lawyers, and provides insight concerning the importance of maintaining balance.
Featuring Peter Rosenbaum, partner at Jenner & Block, focusing on strategic transactions, and Joan Stearns Johnsen, Professor of Law, University of Florida Levin College of Law, arbitrator and mediator, and former Chair of the ABA Dispute Resolution Services Section. Peter led a team developing a dispute prevention program engaging third-party neutrals, and Joan has assisted in developing the curriculum for training third-party neutrals as dispute prevention business facilitators.
Host Gary J. Ross and Dalia Blass, senior investment management partner at Sullivan & Cromwell and former Head of External Affairs at Blackrock and Director of the Division of Investment Management at the SEC, discuss the new SEC private fund adviser rules. Gary and Dalia start by discussing how the final rules differ from the proposed rules, and then focus on the rules that relate to venture capital fund advisers in particular, notably the Restricted Activities Rule and the Preferential Treatment Rule. Dalia then discusses the rest of the rules, and concludes by talking about timelines and giving her final thoughts.
In this episode, Kaamil Ansar, partner and founder of The Ansar Law Firm, discusses the challenges, opportunities, and strategies for financing renewable energy projects. Kaamil is a specialist in energy and renewable energy, infrastructure and international project finance, cross-border mergers and acquisitions including private equity, privatizations and restructurings, corporate finance and complex financings.
Featuring DeAndra Roaché, a full-time neutral specializing in arbitration, mediation, and fact-finding of various disputes. DeAndra has been an architect of CPR’s revised procedures for Dispute Prevention and Management Board Rules, a mechanism for helping avoid and promptly resolve conflict in business relationships.
In this episode of the ESG in the Boardroom series of podcasts, host Stephen Pike, partner at Gowling WLG (Canada) LLP, talks with Hope Mehlman, EVP, CLO, General Counsel & Corporate Secretary of Discover Financial, about questions pertaining to ESG for directors to ask at the boardroom table.
Host Allen Waxman spoke with Scott Partridge, recently retired General Counsel of Bayer U.S. and former General Counsel of Monsanto; current founder of Partridge LLC. Scott discussed his journey from courtroom trial lawyer and litigator to business executive focused on dispute prevention. He shared concrete steps he took to prevent and resolve long drawn-out disputes as well as the benefits those efforts brought.
Host Gary J. Ross talks with Heather L. Rosing, CEO and President of Klinedinst PC. With an extensive background in litigating attorney malpractice cases, Heather offers insight into the various ethics issues faced by venture capital lawyers, including “who is the client?” questions; obligations to investigate wrongdoing after the client has stopped paying; the ABA rules for business transactions with clients and potential conflicts of interest; and, of course, the importance of always having an engagement letter. Gary and Heather conclude by discussing rules for communicating with represented and unrepresented parties in transactions.
In this episode, Lieutenant Colonel Jason Cody discusses swarm behavior in social organisms like bees, termites, and ants. These emergent behaviors point the way toward possible military applications for swarms of drones or other robots.
Host Allen Waxman spoke with Kate Vitasek, an international authority for her award-winning research and Vested® business model for highly collaborative and strategic relationships. Kate is a professor at the Haslam College of Business at the University of Tennessee. Kate discussed the Vested® business model - its methodology and approach for creating business relationships in which all parties are equally committed to each other’s success.
Generative AI provides attorneys with access to a potentially powerful new tool for research and writing. However, the use of generative AI by lawyers implicates several ABA and State Bar rules and creates substantial legal and technical risks for practitioners. In this podcast, Bradford Newman, Co-Chair of the AI Subcommittee of the Business and Commercial Litigation Section and a recognized expert in AI, explains the technology behind generative AI and identifies the key Ethical Rules and issues that govern lawyers' use of these tools. Brad makes this subject entertaining and easy to understand for AI experts and newcomers alike, while covering subjects like the lawyer's responsibility to understand how these tools function and their shortcomings, and the need to be transparent with clients and the court. He grounds the discussion in a pending case in the Southern District of New York that highlights the real world perils to practitioners who are not adequately informed.
Host Allen Waxman spoke with Howard Carsman, former Global Construction Claims Manager at Intel Corporation, and current Dispute Prevention panel member at CPR Dispute Resolution. Howard discussed the design and implementation of a program at Intel for large construction projects that deployed a third-party neutral and, over almost $15B of capital projects, resulted in only one dispute.
We all agree that new technologies are cool, but unintended consequences can be very hard to reverse. Today we will be talking with Dr Christina Colclough, a political economist with a PhD in Sociology from the University of Copenhagen. She has been engaged for over a decade in the global discussion of digital technology as it relates to work and workers across the world.
Host Allen Waxman spoke with guests Jim Groton and Ellen Waldman. Jim is a retired partner of the law firm of Sutherland, Asbill & Brennan LLP (now Eversheds Sutherland), where he formerly led the Construction and Dispute Prevention and Resolution practice of that firm. Jim is considered the “father” of dispute prevention and is the inaugural recipient of CPR’s Outstanding Leadership in Dispute Prevention award in 2022. Ellen Waldman is a former law professor of alternative dispute resolution, publishing more than 25 articles and books. She is now Vice President at the CPR Institute, and leader of many of the Institute’s Dispute Prevention initiatives. Jim discussed the genesis and evolution of dispute prevention and its value to business relationships. Ellen reviewed a number of mechanisms that can be deployed in support of dispute prevention.
The Rooker-Feldman doctrine is a regularly used legal precept often asserted as a defense in bankruptcy courts to characterize actions as appeals or reconsideration of state court judgments. This is exactly what happened after a Massachusetts based con-man manipulated 'Tess', a wealthy woman at a crossroads out of approximately $6M and then convinced her to dismiss, with prejudice, a pending state court action against him. After overcoming this legal struggle, the litigation team was able to track down and collect many of the assets acquired by the con-man with Tess’s money for the benefit of her creditors. Judge Gunn is joined by Stephen Huggard, Scott Magee, and Chris Condon to discuss Rooker-Feldman, its limitations, and how a chapter 11 bankruptcy allowed her to claw back $2+ million, and granted 'Tess' a fresh start.
Host Gary J. Ross talks with Ben Kwon, Partner at Nixon Peabody and longtime co-chair of the ABA BLS Fund Formation subcommittee. Gary and Ben cover the basics of forming a venture capital fund, including the various entities that constitute a fund and the legal documents that govern fund terms and operations. Ben discusses key tax considerations and the “distribution waterfall” that allocates profit among the fund’s participants. Gary and Ben also touch on issues with a fund trying to change fund terms after launch. The episode concludes with some advice for emerging fund managers.
Since the Great Recession, foreclosure rescue and mortgage modification scams have been a growing problem, costing individuals thousands of dollars and even their homes. In one particular case, Owner Management Service, foreclosure rescue scammers convinced defaulting, desperate homeowners to transfer title to their homes to avoid an impending foreclosure. In this episode, Judge Elizabeth Gunn will be joined by bankruptcy attorney Sharon Weiss to discuss the substantive consolidation judgment that was achieved in the Owner Management case, dangers of foreclosure scams, and the challenges in trying to unwind these types of businesses and identify estate assets.
Judge Katherine Forrest, a former federal court judge and our guest in this episode, observes that machine learning systems build models from historical behavior that can reflect structural bias or discrimination. She notes that the inclusion of flawed data in AI models has serious implications for personal liberty, with particular consequences for Black defendants.
On this episode of our podcast series, we have the wonderful opportunity to discuss with Judge Forrest her observations on AI and what she thinks can be done to help ensure that these tools can lead to fair and just results.
Host Gary J. Ross talks with Jeremy Neilson, Founder/CEO of Assure, the Fintech platform pioneer that supported Special Purpose Vehicles (SPVs) and PE/VC funds. Jeremy discusses the basics of special purpose vehicles (SPVs), such as their structure and common use cases. Jeremy & Gary also touch on the cost-saving benefits of forming master-series vehicles; fees and expenses involved in forming an SPV; the differences and similarities between SPVs and funds; and the pros & cons of SPVs. Gary concludes the podcast by asking Jeremy about the recent winding down of Assure and what Jeremy is thinking about doing next.
Bankruptcy law requires that professionals seeking to be paid from the estate to publicly disclose their connections to the case. In 1998, John Gellene, a former partner of the prestigious law firm now known as Milbank LLP, was found guilty for knowingly and fraudulently making false declarations under penalty of perjury. In connection with seeking to be retained as debtor’s counsel in a bankruptcy case, Gellene failed to disclosure connections the firm had to creditors in the case. His motivation for not disclosing these connections is that if he had his firm would likely have been disqualified from representing the debtor. As a result of Gellene’s actions, Gellene served prison time and Milbank had to disgorge $1.8 million in fees. In this episode, Judge Elizabeth Gunn and Judge Steven Rhodes will discuss the Gellene case, the bankruptcy laws requiring disclosures and more recent situations involving parties in bankruptcy cases failing to disclose connections.
Today we speak with Dr Rohan Shad of Stanford University Medical Center, now an Integrated Cardiothoracic Surgery Resident at the University of Pennsylvania. He has been exploring the application of AI techniques to help surgeons anticipate and reduce risks in certain heart surgeries.
In this episode, host Stephen Pike, Co-Leader of the ESG Advisory Services practice at Gowling WLG in Toronto, talks with Peter Tomczak, Chair of Baker McKenzie's North America Litigation and Government Enforcement Practice Group, about ESG Litigation and Risk Management - two critical issues that are challenging businesses and their boards of directors today.
Law firms have a duty to protect their clients’ best interests, but that duty does not give cover for defrauding clients’ creditors or running afoul of judicial rules governing how debtors are represented.
In this episode, Kaamil Ansar, partner and founder of The Ansar Law Firm, discusses the challenges, opportunities, and strategies for financing renewable energy projects. Kaamil is a specialist in energy and renewable energy, infrastructure and international project finance, cross-border mergers and acquisitions including private equity.
Host Gary J. Ross talks with Troy Zander, partner at Barnes & Thornburg LLP, who started out practicing in the Ch. 11 bankruptcy space 30 years ago and then moved to the venture debt space, where he has been ever since. Troy represents lenders to tech and life science companies, sharing the distinctions between how venture debt deals are structured for each. Troy discusses the nuances of venture debt and its various forms, including dilutive vs. non-dilutive funding and asset-backed lending vs. cash flow lending. Silicon Valley Bank had been a major player in the venture debt space, so Troy and Gary finish the episode by briefly discussing the recent SVB collapse.
A serial chapter 13 filer routinely used his estranged son’s Social Security number, and multiple variations, to avoid detection for more than a decade. That ended when the last filing was done to frustrate an eviction by a world famous rapper who would not let the fraud slip. But no one could actually find the filer to enforce various orders and findings of civil contempt which stalled the case. When the IRS filed a proof of claim, an address on the tax return led to a disgruntled relative who had all the necessary information. The podcast explores how serial filers are handled and identified in chapter 13 proceedings, civil contempt remedies and due process requirements, and criminal remedies available in bankruptcy.In this episode Host Judge Elizabeth Gunn speaks with Stephen Fender and Michael Bolling, Fender, Bolling, and Paiva P.A., to discuss bad debtor and Mr. Zamora’s “the magical social security scheme.”Steven Fender focuses his practice on bankruptcy and commercial litigation. Steven has an active practice in federal and state court. Mr. Fender routinely handles chapter 7 trustee adversary proceedings and contested matters. Mr. Fender has more than 20 years of experience litigating and trying cases in all business disputes.Michael Bolling focuses his practice on bankruptcy and commercial litigation. Prior to starting the firm, Mr. Bolling was the judicial law clerk to the Honorable John K. Olson, United Bankruptcy Judge in the Southern District of Florida. Mr. Bolling has previously worked for the Florida Office of the Attorney General and the Miami Heat.
In Episode 3, host Jordan L. Fischer, Esq. interviews Chris Hoofnagle, Professor of Law at University of California, Berkeley. Chris and Jordan explore the evolving impact of emerging technologies on the practice of law. Chris provides key insight into legal informatics, and his predictions regarding ChatGPT and its impact on the law. Diving into the pros and cons of new technologies for lawyers, Chris discusses the way that lawyers should think about technology, and how it can complement their practice. For more information on Prof. Hoofnagle, visit https://www.linkedin.com/in/chris-hoofnagle/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In this episode, host Stephen Pike, partner at Gowling WLG in Toronto, talks with Bruce Dravis about Directors’ Fiduciary Duties, Corporate Purpose and Stakeholder Interests, the three pillars of the Board’s engagement on ESG.Stephen A. Pike is a Toronto-based partner at Gowling WLG and co-leader of the firm's Canadian ESG Advisory Services practice.As a senior legal advisor to Canadian, American, and global businesses, Stephen regularly advises on corporate, governance, ESG, transactional, operational, and risk management issues, including supply chain, regulatory, product distribution, compliance, as well as product liability matters.He also advises businesses outside of Canada on setting up operations in Canada and bringing new products and services into the Canadian market.He is co-editor of ESG in the Boardroom: A Guidebook for Directors, published by the American Bar Association. He writes and speaks frequently on ESG issues and how businesses can address the risk of modern slavery, forced labour, and child labour in their operations and supply chains.Stephen is a member of the board of directors of the International Commission of Jurists – Canada; and co-chair of the ESG Subcommittee of the Corporate Governance Committee of the Business Law Section of the American Bar Association. He also serves on the Canadian Cancer Society's Finance, Audit, and Risk Management Committee.Bruce Dravis has more than 30 years of experience representing clients in corporate and securities matters with an emphasis on corporate governance. Bruce F. Dravis joined the Sacramento office of Downey Brand LLP as a partner in 2001. He serves as outside corporate counsel to publicly traded corporations, privately held corporations, and investors.
In this episode of “Pathway to the Bench: A Discussion with Judge Timothy Driscoll,” Lindsay Powell, a civil litigator at Wilson Elser, speaks to Judge Driscoll, of New York, about his pathway to the bench, how his background shaped his view of the law, and the importance of passion in the pursuit of the law. Judge Driscoll also shares what it takes to excel as an attorney, as well as tips for lawyers considering a career in public service.Timothy S. Driscoll is a Justice of the Supreme Court of the State of New York. Judge Driscoll serves in the Nassau County Commercial Division, as well as the Appellate Term for the 9th and 10th Judicial Districts. He is also the co-chair of the Chief Administrative Judges working group on electronic discovery. He is a member of the Chief Judges Advisory Council on Commercial Litigation in New York State, and serves as co-chair of the Subcommittee on Alternative Dispute Resolution. In addition to his judicial responsibilities, Judge Driscoll has been an adjunct professor at Brooklyn Law School since 1998, and a teaching team member at the Harvard Law Schools Trial Advocacy Workshop since 2003. He is also an adjunct associate professor at Nassau Community College, where he was among the first group of the College’s faculty to receive the New York State Education Chancellor’s Award for Excellence in Adjunct Teaching.Prior to taking the bench in January 2008, Judge Driscoll served as Deputy Nassau County Executive for Law Enforcement and Public Safety from July 2004 to December 2007. In that position, Judge Driscoll oversaw all of the public safety and law enforcement agencies in the County, including the Police, Fire Marshal, Probation, Sheriff, Office of Consumer Affairs, Traffic and Parking Violations Agency, Medical Examiner, and Office of Emergency Management. Judge Driscoll was an Assistant United States Attorney in the Eastern District of New York from November 2000 to July 2004, and an Assistant District Attorney in Nassau County from September 1996 through November 2000.Lindsay Powell works as a civil litigator at Wilson Elser in McLean, Virginia. Lindsay represents businesses in all aspects of civil litigation. Lindsay practices in Virginia and DC. Prior to entering private practice, Lindsay worked in the aviation arena as an attorney in the Office of the Chief Counsel for the Federal Aviation Administration (FAA). She is a graduate of the University of Virginia and Washington and Lee University School of Law. Beyond her practice, Lindsay serves as a Business Law Fellow for the American Bar Association (2022-2024).
In this episode, Judge Elizabeth Gunn speaks with Kristen E. Burgers, partner at Hirschler Law, on how a bankruptcy trustee almost got away with millions . . . and how he got caught. Bankruptcy trustees hold a unique position of public and judicial confidence, being charged with the honest marshaling and accounting of debtors’ assets. In this episode, we explore what happens when a trustee violates that confidence by misappropriating funds and weaving a web of lies to cover his tracks. Bruce Matson was a renowned member of the Virginia bankruptcy community, often assigned some of the largest – and most complex – bankruptcy and receivership cases in the region. Yet when he took the helm of LandAmerica Financial Group, a series of seemingly innocuous anomalies led to the discovery of millions of dollars in wrongfully siphoned funds.
In Episode 2, host Jordan L. Fischer, Esq. interviews Eamon Gallagher, currently the Director of the Entrepreneurial Law Clinical at Drexel Law School and advisor to start-ups. Jordan and Eamon walk through the recent events surrounding Silicon Valley Bank (SVB) and the impact of SVB on the start-up ecosystem. Drawing on his work with hundreds of start-ups, Eamon provides practical take-aways that we can learn from SVB, and key insights into challenges that businesses who rely on investments may face in the coming months. For more information on Mr. Gallagher: https://www.linkedin.com/in/eamongallagher/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Host Gary J. Ross talks with Lisa Stark, Partner in the Wilmington office of K&L Gates and a former litigator who now focuses on corporate governance, private equity and venture capital, and M&A. Gary and Lisa discuss the importance of several Delaware court cases, including In re Trados Inc. Shareholder Litigation and In re Nine Systems Corporation Shareholders Litigation. Other topics covered include the complex fiduciary duties of directors/investors within the VC context; the business judgment rule and “entire fairness” standards of review; and Lisa’s opinion on whether to include arbitration clauses in contracts.
In the second part of a two-part interview, Alicia Downey continues her conversation with business lawyer and former Hong Kong legislator Dennis Kwok. In this episode, Dennis offers insights into what private companies and their counsel should know about anticipating the effects of the Chinese government’s heightened focus on national security on commercial relationships and dispute resolution in the changing legal landscape in China and Hong Kong.
Hong Kong has historically served as an important base of operations for international companies working in media, financial services, manufacturing, and distribution. In this episode, the first part of a two-part interview, Alicia Downey speaks with business lawyer and former Hong Kong legislator Dennis Kwok about the new risks posed by recent legislative and political developments in China and Hong Kong.
In this episode, Shazia Ahmad talks with Kathleen S. McLeroy about her successful legal career and the skills, strategies, and opportunities that allowed her to assume not only a leadership position at her firm but also holding leadership positions in her bar and community organizations.Shazia Ahmad works on complex structured finance transactions involving a variety of asset classes at Kramer Levin Naftalis & Frankel LLP. She advises issuers, underwriters, borrowers, lenders, and service providers in these transactions, including drafting and reviewing transaction-related documents, performing due diligence and facilitating closings. Prior to joining Kramer Levin, Shazia gained finance and legal experience at Fortune 500 companies and global banking institutions. Shazia is the Chair of the Young Lawyer Committee and a member of the Marketing Board of the ABA Business Law Section.Kathleen S. McLeroy, a shareholder with CarltonFields in Tampa, and has extensive experience resolving disputes as a litigator, mediator, and arbitrator. As a trial lawyer, she has substantial experience representing creditors in disputes with debtors in all forums, including state court, federal court, bankruptcy court, and in arbitration proceedings. Kathy regularly arbitrates and mediates disputes arising from contract disputes between health care providers. She works with judgment holders to enforce and collect large commercial judgments, both domestic and international. She also represents commercial banks, mortgage holders, property owners, title insurers, and real estate developers in real property disputes and mortgage foreclosures. Clients seek her guidance on matters involving receivership law, and she serves as a real estate receiver and counsel for receivers.In 2004, Kathy was certified by the Florida Supreme Court as a circuit civil and county court mediator. She is also certified to serve as a mediator in matters pending before the U.S. District Court for the Middle District of Florida and the U.S. Bankruptcy Court for the Middle District of Florida. She mediates a variety of commercial disputes including commercial foreclosures, contract disputes, title disputes, and bankruptcy disputes. She is also qualified by the Florida Supreme Court to serve as a court-appointed arbitrator.
In this episode, Shazia Ahmad talks with Jeannie Frey, chief legal office and general counsel at Christus Health, about the challenges posed by a crisis, such as the Covid pandemic, and what leadership tools are needed to succeed in running a business. Frey served as chair of the ABA’s Business Law Section during 2020-21.Shazia Ahmad works on complex structured finance transactions involving a variety of asset classes at Kramer Levin Naftalis & Frankel LLP. She advises issuers, underwriters, borrowers, lenders, and service providers in these transactions, including drafting and reviewing transaction-related documents, performing due diligence and facilitating closings. Prior to joining Kramer Levin, Shazia gained finance and legal experience at Fortune 500 companies and global banking institutions. Shazia is the Chair of the Young Lawyer Committee and a member of the Marketing Board of the ABA Business Law Section. Jeannie Frey is chief legal office and general counsel at Christus Health, a multi-national nonprofit health system, with U.S. operations primarily in Texas, Louisiana and New Mexico, and Latin American operations in Mexico, Colombia and Chile. Prior to joining CHRISTUS Health in 2018, Frey was chief legal officer and general counsel of Presence Health, a Catholic health system based in Chicago, from 2011-18. She also served as general counsel of Resurrection Health Care in Chicago (2004-11) and was a partner in the health law department of McDermott, Will & Emery in its Chicago office.Frey’s professional activities have included serving on the board of the Illinois Association of Healthcare Attorneys, the Audit and Corporate Responsibility Committee of Mercy Health (Cincinnati) and in numerous leadership positions in the ABA Business Law Section, including chair of the Nonprofit Organizations Committee.
TelexFree purported to sell an internet phone servicing allowing free calls to Brazil and Latin America, it was one of the largest pyramid schemes in history, conning 1.8 million victims worldwide. When the whole pyramid came crashing down it resulted in criminal prosecutions, class action lawsuits, and a bankruptcy case. The bankruptcy court, as is often the case where there is a massive number of victims, was deemed the most efficient way to wind down the scheme while providing equal treatment to similarly situated claimants. In addition to the need to adjudicate a massive number of claims, the trustee has sought to recover from the “net winners” in the scheme to pay the claims of the “net losers.” In this episode, Judge Elizabeth Gunn, Steve Darr – the chapter 11 trustee in TelexFree, and former U.S. Attorney Andrew Lelling will discuss the unique challenges and considerations in using the Bankruptcy system to unravel a multi-million-dollar Ponzi scheme.
The Vera C. Rubin Observatory, located high in the Andes in Chile, is expected to be operational near the end of 2023. The Rubin’s wide-field reflecting telescope will scan the entire southern sky every few nights. Our guest, Harvard Professor of Astronomy Edo Berger, is a leader in the Rubin Observatory’s work and will be our guide to what is intriguing in deep space, and how AI will help astronomers navigate this ocean of images.
Host Gary J. Ross talks with Scott Kupor, Managing Partner at Andreessen Horowitz and the author of the best-seller Secrets of Sandhill Road: Venture Capital and How to Get It. Scott discusses how Andreessen Horowitz organizes its funds, with verticals consisting of consumer enterprise and biotech/health, as well as software, crypto, and gaming. Gary and Scott also cover such topics as LLCs vs. corporations, dual-class stock, the fiduciary duty of directors towards common stockholders, and various challenges facing entrepreneurs and boards of directors.
In this episode, Kaamil Ansar, partner and founder of The Ansar Law Firm, discusses the challenges, opportunities, and strategies for financing renewable energy projects. Kaamil is a specialist in energy and renewable energy, infrastructure and international project finance, cross-border mergers and acquisitions including private equity, privatizations and restructurings, corporate finance and complex financings.
Host Gary J. Ross talks with Ingrid Pierce, Global Managing Partner at Walkers, one of the top law firms in the Cayman Islands, about the formation and use of offshore funds and investment vehicles. Gary and Ingrid discuss the rise of the Cayman Islands as an offshore jurisdiction and the various entity structures that are available in the country. Additional topics covered include setting up investment vehicles in the Cayman Islands vs. BVI; the time needed to set up an offshore fund; and common pitfalls for those setting up offshore funds.
In Episode 1, host Jordan L. Fischer, Esq. interviews Violet Sullivan, VP of Client Engagement for Redpoints Cybersecurity. Jordan and Violet dive into her path to a career in both law and technology, and her recommendations on how to build your technology knowledge. Violet discusses the value of creating a knowledgeable team that can help your business to understand the threats and vulnerabilities to your operations, and to create opportunities to mitigate risk in an increasingly digital world. Jordan and Violet also discuss how cyber and privacy evolved over the last five years, and key lessons for businesses across all industries. For more information on Ms. Sullivan, visit https://www.linkedin.com/in/txcyberlawyer/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In this episode, learn how a debtor was forced into bankruptcy only to flee to France with his wife, a land rover, their beloved dogs…and some notorious diamonds. What do you do when your lavish lifestyle, complete with designer clothes, giant diamond rings, and high-end cars, is brought crashing down by an involuntary bankruptcy petition? In the case of the once highly successful developer Michael Mastro, you hide everything you can from the reach of the Courts and flee to Europe with your wife, dogs, and a Land Rover. A central part of this case involved two missing diamonds, one of 27.8 carats and one of 15.93 carats, which the FBI eventually recovered. In this episode, “Bad Boys of Bankruptcy” host Judge Elizabeth Gunn sits down with the chapter 7 Trustee James Rigby; Thomas Buford, the then assistant U.S. Trustee; and Aimee Willig, one of the trustee’s counsels, to discuss the broad reach of bankruptcy law when attempting to pull assets back into the estate.
Strokes are one of the most frightening of maladies, striking as they do at the brain, the center of personhood. In this episode of Mind the Gap we will be talking with the founder and leader of one of the leading stroke centers, Dr Stanley Tuhrim of the Mount Sinai Comprehensive Stroke Center in New York City. Mount Sinai’s Stroke Centers have been leading adopters of powerful AI techniques, the first ever approved by the FDA for clinical application.
Host Gary J. Ross talks with Art Dicker, senior counsel at R&P China Lawyers, about venture capital in China, the second-most active venture capital market in the world. Gary and Art discuss the growth of the venture capital industry in China; differences between venture capital in China vs. the U.S., including China’s trend of liberal spending at a loss to grab market share; the growth of localized Chinese venture capital funds backed by RMB instead of USD; and how foreign companies can operate in China by using variable interest entity (VIE) structures.
Host Gary J. Ross talks with Chris Hayes, advisor to institutional investors and former Senior Policy Counsel at Institutional Limited Partners Association (ILPA). Among the topics covered are the preferences of LPs vs. GPs with respect to fund investment strategies; the ILPA model limited partnership agreement (LPA) and its relation to the ILPA guiding principles; specific ILPA LPA provisions including GP removal and fiduciary duty provisions; fund manager conflicts of interest; and challenges facing emerging (i.e. new) fund managers.
Host Gary J. Ross discusses down round financings with Troy Foster, partner and firmwide co-chair of emerging companies and venture capital practice at Perkins Coie. Topics covered include common provisions in down round term sheets, such as pay-to-play and pull-up mechanisms; anti-dilution adjustment mechanisms; obtaining the consent of previous investors; Section 228 notices; and Business Judgment Rule vs. Entire Fairness Review.
In this episode of Mind the Gap we will be talking with the President of Harvey Mudd College, Dr. Maria Klawe, who has had a distinguished career as a theoretical computer scientist, scholar, and college administrator. Dr. Klawe is also a gifted painter -- a watercolorist. And has been painting for longer than she has been a computer scientist. In this episode we explore with Dr Klawe her widely admired paintings and her use of technology to help her focus her artistic vision.
Host Gary J. Ross talks with Jose Ancer, partner (and CTO) at Optimal Counsel and the author of Silicon Hills Lawyer, an internationally-recognized legal blog on emerging companies and VC fundamentals. Gary and Jose discuss the advantages and disadvantages of different securities instruments for emerging companies, including convertible notes and pre-money and post-money SAFEs; friends & family vs. angel rounds; the Series Seed and NVCA documents; valuation caps; and the significance of relationship building in the VC world.
In this episode, Judge Stong talks with Buck Lewis, who will explore the history of this program; highlight its recent benchmark 200K answers made on February 8, 2022; and how lawyers can be a part of dynamic program.
Judge Elizabeth Stong speaks with Michael D. Rubenstein who will discuss his background and the importance of pro bono when it literally means “life or death.” Michael D. Rubenstein is a shareholder with Liskow & Lewis in Houston. He is an experienced bankruptcy practitioner with a diverse commercial practice encompassing not only business bankruptcies, restructurings and reorganizations, but complex business litigation and criminal law.
Host Judge Elizabeth Stong talks with Eric Ball, Litigation Partner and Hilarie Atkisson, Senior Director of Corporate Social Responsibility/Pro Bono Counsel, about the award-winning pro bono program at Fenwick & West LLP and how it draws on, and contributes to, the firm’s culture of collaboration, service, and excellence.
Judge Elizabeth Stong speaks with the Anna Dodson about the background, mission, and services provided by the Neighborhood Business Initiative.
From self-driving cars to voice automation in homes, inventors are developing ambitious AI technologies that will continue to impact the ways in which we learn, work, communicate, and travel. According to the United States Patent and Trademark Office (USPTO), the number of AI-related patents increased at an astonishing number, from 4,598 in 2008 to 20,639 in 2018. In this episode of Mind the Gap, Rama Elluru, a former Administrative Patent Judge on the Patent Trial and Appeal Board at the USPTO, and Christian Hannon, a patent attorney in the USPTO’s Office of Policy and International Affairs, share their perspectives on how AI is impacting patent law and the inventor community.
Host Gary J. Ross discusses mergers and acquisitions with John Coates, Professor of Law and Economics at Harvard Law School, former partner at Wachtell Lipton, and former Acting Director for the Division of Corporation Finance and General Counsel at the SEC. Gary and John discuss trends in global M&A deals, the significance of business and legal due diligence, motives behind whether deals are structured as stock or asset purchases, M&A representations and warranties, and whether it’s worthwhile to have a letter of intent in a deal negotiation.
Host Gary J. Ross talks with Alexandra Poe, partner at Hughes Hubbard & Reed, about considerations for Environmental, Social, and Governance (ESG) funds and investors. Topics covered include a history of ESG, recent ESG-related SEC investigations into BNY Mellon and Goldman Sachs, the SEC’s proposed rule on ESG disclosures for investment advisers and investment companies, and general advice for those launching or managing ESG funds.
A supermassive black hole is estimated to be a million or a billion times bigger than the Sun, but no one truly yet understands the origins of these massive phenomena. In this episode of Mind the Gap, Dr. Becky Smethurst, an astrophysicist and research fellow at Christ Church College, Oxford University, describes how AI is helping to answer fundamental questions about the formation and evolution of black holes and their connection to the development of galaxies.
Host Gary J. Ross discusses broker-dealer issues with David Blass, partner in Simpson Thacher’s Investment Funds Practice and the former Chief Counsel of the SEC’s Division of Trading and Markets. Gary and David chat about the outsize role that transaction-based compensation plays in determining whether someone is functioning as a broker, the Paul Anka and M&A broker no-action letters, the process of registering as a broker, and finally, whether David sees himself ever going back into public service.
This two-part podcast provides insights into the work of business lawyers and the rule of law, through the lens of the World Justice Forum 2022, which took place in The Hague, Netherlands on May 30, 2022 to June 2, 2022. Listen to this podcast to hear Judge Elizabeth Stong and John Stout, Business Law Section members, comment “live from The Hague” about the Forum’s strategy of convening community leaders from around the globe to share insights, explore problems, and develop solutions for advancing justice, opportunity, and peace – all through the rule of law. Listen also to hear Judge Stong and John Stout discuss the critical role of the business lawyer in responding to threats to the rule of law and how business lawyers can preserve justice in the face of these challenges.
This two-part podcast provides insights into the work of business lawyers and the rule of law, through the lens of the World Justice Forum 2022, which took place in The Hague, Netherlands on May 30, 2022 to June 2, 2022. Listen to this podcast to hear Judge Elizabeth Stong and John Stout, Business Law Section members, comment “live from The Hague” about the Forum’s strategy of convening community leaders from around the globe to share insights, explore problems, and develop solutions for advancing justice, opportunity, and peace – all through the rule of law. Listen also to hear Judge Stong and John Stout discuss the critical role of the business lawyer in responding to threats to the rule of law and how business lawyers can preserve justice in the face of these challenges.
In Episode 7, host Jordan L. Fischer, Esq. interviews Jordan Strauss, Managing Director at Kroll, and his special guest Chris Ballod, also Managing Director at Kroll. Jordan walks through his career in the government, working on a variety of national defense concerns, including cyber risk. Jordan and Chris provide key insights into the evolving cyber threat landscape, and the unique interplay between the US critical infrastructure security and private sector business security.
Host David Hamm, Co-Chair of the In-House Subcommittee of the ABA Corporate Governance Committee, talks with Sterling Miller, former GC at Sabre Corporation, Travelocity, and Marketo. We kicked off our conversation with Sterling’s unique path to becoming GC, which was inspired by the Game of Life and included him handwriting five hundred letters to companies in the Dallas/Fort Worth area. Ultimately, Sterling discusses how he was proactive in his career by raising his “hand early and often.” He also credits his diverse skill sets across many legal fields that helped him land his first general counsel role.
Host David Hamm, Co-Chair of the In-House Subcommittee of the ABA Corporate Governance Committee, talks with Randall (“Randy”) Ebner, former Vice President and General Counsel of Exxon Mobil Corporation. We start off the conversation discussing the path that Randy took to become a general counsel. He admits that although he knew he wanted to become a lawyer since middle school, he never thought about becoming a general counsel until his developed interests in both business and law along with both domestic and global issues.
In the early-eighteenth century, Rembrandt’s largest and most famous painting, The Night Watch, was cut down on all sides to fit on a wall in Amsterdam’s City Hall. The removed pieces were never recovered. In this episode of Mind the Gap, Rob Erdmann, Senior Scientist at Rijksmuseum and Professor at the Rijksmuseum and Professor at the University of Amsterdam, walks us through how museum scientists trained AI to successfully paint like Rembrandt to reconstruct the lost fragments of this masterpiece more than 300 years later.
Host Gary J. Ross talks with Alexander Davie, partner at Riggs Davie and the author of the Strictly Business blog, about the advisor registration requirements and available exemptions relevant to fund advisers, particularly those advising smaller venture capital funds. Anyone interested in starting a fund or serving as counsel to a fund should listen, as the Form ADV filing is an often-overlooked part of the process.
Host Gary J. Ross talks with Zachary Fallon, partner at Ketsal PLLC and a former attorney at the SEC, about the current state of cryptocurrency regulation in the U.S., including the Lummis-Gillibrand Bill, the enduring Howey Test and the listing of tokens on onshore exchanges.
Good credit impacts whether you can rent an apartment, take out a mortgage or car loan, or in some instances, receive a job offer. Financial institutions are increasingly utilizing AI to analyze non-traditional data sources, such as standardized test scores, to assess a borrower’s risk profile. In this episode of Mind the Gap, Dr. Talia Gillis, Professor of Law at Columbia University, will discuss the opportunities and challenges of AI-based lending.
Host Gary J. Ross talks with Kendrick Nguyen, CEO and co-founder of Republic, about crowdfunding in general and Republic in particular, including recent changes in the law such as allowing for “testing the waters”, as well as other changes he would like to see.
So far, advances in AI are not bringing us real “intelligence.” Rather, these advances are bringing us a key part of intelligence: prediction. This enables businesses to make predictions faster and more precisely to improve their business models and marketplace advantage. In this episode of Mind the Gap, Avi Goldfarb, an economist at the University of Toronto’s Rotman School of Management and one of the authors of “Prediction Machines: The Simple Economics of Artificial Intelligence,” will explain the economics of AI and how it can lead to better and cheaper predictions.
Host Gary J. Ross talks with Alpa Patel, regulatory partner at Kirkland & Ellis and the former Branch Chief of the Private Funds Branch of the SEC’s Division of Investment Management, regarding the SEC’s proposed rules for private fund advisers. The proposed rules would require, among other items, enhanced disclosures to fund investors and annual audits, as well as prohibitions on many now-standard activities and practices, such as indemnification and limitation of liability.
AI is no longer a figment of the imagination. We are all using AI every day, whether we know it or not. Despite its prominence in daily life, AI still remains a mystery to many. In this episode of Mind the Gap, Dr. Stuart Feldman, a prominent computer scientist, will help us better understand what AI is and is not, how it can be used, and its broad impact. Please visit https://www.mindthegapdialogs.com/home/episodes
In Episode 6, host Jordan L. Fischer, Esq. interviews Neil Richards and Woody Hartzog. Neil Richards holds the Koch Distinguished Professor in Law at Washington University School of Law, where he co-directs the Cordell Institute for Policy in Medicine & Law. Woody Hartzog is a Professor of Law and Computer Science at Northeastern University School of Law and holds a joint appointment with the Khoury College of Computer Sciences. Woody and Neil discuss why privacy matters for individuals, businesses, and society, and the dark patterns that undermine individual privacy in technology. Woody and Neil provide insight into the role of law in protecting privacy, and the idea of creating a fiduciary duty in the collection, processing, and storage of data.
In Episode 5, host Jordan L. Fischer, Esq. interviews Kirk Nahra, partner at WilmerHale and co-chair of the Big Data Practice and the Cybersecurity and Privacy Practice. Kirk and Jordan discuss the evolving role of the Federal Trade Commission ("FTC") in enforcing data security and privacy in the U.S. Kirk provides key insight into the background of the FTC and its use of "unfair or deceptive trade practices" to hold companies accountable for cyber and privacy practices. He further explains the challenges of leveraging the FTC as a de facto privacy regulator in the US, and how that could evolve going forward.
For more information on Mr. Nahra: https://www.wilmerhale.com/en/people/kirk-nahra. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In Episode 4, host Jordan L. Fischer, Esq. interviews Jason Tashea, a consultant at the World Bank and creator of the Justice Tech Download, a newsletter (https://www.justicetech.download/). Jason and Jordan discuss the justice gap that continues to exist and be exploited with the growing use of technologies to stand up components of the justice system. Jason explains his recent work at the World Bank, producing his report, "Justice-as-a-Platform" that provides an overview of how technology and data are used to address the access to justice gap around the world. The report is available via this link: https://law.mit.edu/pub/justiceasaplatform/draft?access=wd47u265.
Olga is the CEO of Parley Pro, a next-generation contract management company that has pioneered digital negotiation technology, a former GC and prolific writer and speaker. Olga was generous enough with her time to be the first repeat guest. This conversation is just as inspiring as the first. We spend a good amount of the conversation talking about practical and actionable advice for aspiring GCs at every stage of the journey - from law school, firm life, junior in-house roles to how to think through GC offers.
Olga is the CEO of Parley Pro, a next-generation contract management company that has pioneered digital negotiation technology, a former GC and prolific writer and speaker. To say that our conversation was inspiring is an understatement. To give you a taste, she closed the time with this zinger: "We should all strive to live our legal dreams, because in doing so we provide a better service to others and have a bigger impact on the world."
In Episode 3, host Jordan L. Fischer, Esq. interviews Ben Green, a Postdoctoral Scholar in the Michigan Society of Fellows and an Assistant Professor in the Gerald R. Ford School of Public Policy at the University of Michigan. Jordan and Ben discuss the role of algorithms, leveraging concepts of machine learning and artificial intelligence, in government and government agencies. Ben explains the key risks and benefits with leveraging machine learning in processing information, and the role of human oversight in the overall process. He also highlights the need for more thoughtful use of these tools to decrease the risk of negative outcomes and the role of law in helping to create effective oversight and controls of AI and ML.
In Episode 2, host Jordan L. Fischer, Esq. interviews Nancy Hunter, Vice President of the Federal Reserve Bank of Philadelphia and a founding member of the Delaware Valley Affiliate of WiCyS, the Women in Cybersecurity national organization: https://www.wicys.org. Nancy and Jordan discuss the change in the information security space over her two decade plus career, and the increasing pace of threats on businesses, especially in the financial sector. Nancy explains the need for communication across disciplines, with support from legal, and discusses the need for stronger cyber and privacy controls in a very dynamic and fast-paced technology environment. She also highlights the need for fresh ideas in cybersecurity and privacy, and the development of new tools to combat the evolving threats.
Lisa Gilley is the General Counsel of Higher Logic, the industry-leading engagement platform delivering online communities and communication tools to corporate and association customers worldwide. The first theme that ran through our discussion was learning through relationships, whether among peers in the legal field or within the business. Whether thinking through the implementation of legal tech, learning the underlying business, career advancement or exchanging best practices, Lisa's great insight is that these learnings most often come within the context of relationships. In an environment and profession that pushes us towards isolation, the encouragement is to push towards collaboration.
In this episode, Judge Peter M. Reyes discusses his unorthodox career path to becoming a judge and offers insights on his legal background and education, as well as the strategic steps he took in his legal career to obtain his goals. Judge Reyes offers insights and techniques on how the young lawyer can make -- and recognize -- opportunities to further their career goals.
In Episode 1, host Jordan L. Fischer, Esq. interviews Jody R. Westby, founder and CEO of Global Cyber Risk, a technology and advisory services firm. Jody is also the author of the D&O Guide to Cyber Governance: Fiduciary Duties in the Digital Age, published by the ABA in 2021 and available here: https://www.americanbar.org/products/inv/book/414975797/. Jody and Jordan discuss her role as a female entrepreneur in the tech/law space, and the evolving role of executive leadership in cyber and privacy strategic decisions.
In this episode, Judge Elizabeth Stong speaks with Natasha Sim about her unique leadership path and the skills, tools, and approaches that may help young lawyers as they strive to obtain a more leadership role in their professional lives.
Host David Hamm, Co-Chair of the In-House Subcommittee of the ABA Corporate Governance Committee, talks with Jacqueline (“Jaci”) Lee is the General Counsel of Flynn Restaurant Group, America’s largest restaurant franchisee with over 2,300 restaurants nationwide. In this episode, Jaci shares her path to the role of GC, some thoughts on essential GC skills and characteristics, current GC hot topics and practical and actionable advice for those aspiring to be GCs. Two themes run through the conversation: (1) the joy that she took in each step of her journey and (2) the unexpected nature of her journey to GC. Jaci’s advice for aspiring GCs includes expanding areas of expertise, seeking stretch projects in current roles and intentionally working on strengthening (not just expanding) networks.
Host David Hamm, Co-Chair of the In-House Subcommittee of the ABA Corporate Governance Committee, talks with Brady Long, the Executive Vice President and General Counsel of Transocean, a leading international provider of offshore contract drilling services for oil and gas wells. In this episode, Brady shares his path to the role of GC, some thoughts on essential GC skills and characteristics, current GC hot topics and practical and actionable advice for those aspiring to be GCs. Two themes run through the conversation: (1) the need to always maintain a focus on adapting and (2) remembering the human element in every relationship. Brady’s primary piece of advice for aspiring GCs is to remember the human element as they are developing their networks.
Host Richard A. Licht of the Rhode Island Superior Court leads a panel of experienced business divorce practitioners in presenting a short hypothetical skit and then analyzing frequently raised business divorce issues. In this episode, the panel tackles additional preliminary issues to consider when a client is presented by a likely business divorce, including rights to books and records, rights and duties of majority and minority owners, rights of owners to employment by the subject company, and potential actions for breach of an operating agreement and misappropriation of business opportunities. Panel members include Melissa N. Donimirski of Heyman, Enerio, Gattuso & Hirzel, LLP in Wilmington, DE, Oderah Nwaeze of Faegre Drinker Biddle & Reath LLP in Wilmington, DE, John C. Sciaccotta of Aronberg Goldgehn Davis & Garmisa in Chicago, IL and Byeongsook Seo of Snell & Wilmer LLP in Denver, CO.
Host David Hamm, Co-Chair of the In-House Subcommittee of the ABA Corporate Governance Committee, talks with Chad Perry, the Executive Vice President, General Counsel and Secretary of Tanger Factory Outlet Centers, Inc., a public REIT and leading operator of upscale open-air outlet centers. In this episode, Chad shares his path to the role of GC, some thoughts on essential GC skills and characteristics, current GC hot topics and practical and actionable advice for those aspiring to be GCs. The theme of curiosity runs through the conversation as it was central to Chad’s openness to new opportunities outside of practicing law within a firm, learning the industries where he found himself and growing in areas that are outside his areas of expertise. Chad’s advice for aspiring GCs includes not jumping at the first opportunity that comes your way and looking for opportunities in your current roles to expand your perspective and areas of expertise.
Host Justice Richard A. Licht of the Rhode Island Superior Court leads a panel of experienced business divorce practitioners in presenting a short hypothetical skit and then analyzing frequently raised business divorce issues. In this episode, the panel tackles preliminary issues to consider when a client is presented by a likely business divorce, including issues of entity type, fiduciary duties, extrajudicial and judicial remedies and factors that may limit the ability of a party to bring suit. Panel members include Melissa N. Donimirski of Heyman, Enerio, Gattuso & Hirzel, LLP in Wilmington, DE, Oderah Nwaeze of Faegre Drinker Biddle & Reath LLP in Wilmington, DE, John C. Sciaccotta of Aronberg Goldgehn Davis & Garmisa in Chicago, IL and Byeongsook Seo of Snell & Wilmer LLP in Denver, CO.
In this episode, international lawyer Tom Morante provides keen insights into the opportunities and rewards of becoming an international lawyer, as well as describing the complexities of this practice area. Tom advises clients on U.S. and foreign insurance and financial services regulatory, compliance, and cross-border transactional matters. He handles matters involving life and annuities, health, insurtech, data privacy and cyber risk, and D&O insurance. He is fluent in Spanish, and has studied in Colombia, Mexico, and Spain. He leads Carlton Fields’ International Insurance Regulatory Team and serves on the Advisory Board of Inter-American Dialogue’s Financial Services Advisor publication. In addition, he chairs the Business Law Section’s International Coordinating Committee and its Business Law Now Board, and serves on the Section's Marketing Board.
The host of this episode is Shazia Ahmad . Shazia is the Vice President of Regulatory Reporting at Wells Fargo. She has a broad range of experience in areas of legal, regulatory compliance and finance for financial instituitions and media companies including Wells Fargo & Co., Credit Suisse, JP Morgan & Chase and Viacom. She joined the Business Law Section of American Bar Association (ABA) as the national law student liaison and now is the Chair of the Young Lawyer Committee and Vice Chair of the State and Local Banking Subcommittee.
In this episode, Kate Letcher speaks with Mian Wang about her strategies and approach to become a more effective woman lawyer, and highlights ways for women to succeed in the profession.Kate Letcher is an associate in Tressler LLP's Chicago office in the firm's litigation practice. She is a vice chair of the ABA Business Law Section's Women’s Commercial and Business Advocates Committee. Mian R. Wang is a shareholder in Greenberg Traurig’s Boston office where she focuses her practice on high-stakes business litigation. She represents public and private companies, financial institutions, directors, officers and individuals before state and federal courts in commercial and bankruptcy litigation. Her practice covers multiple disciplines and industries, including education, health care, event management, start-up firms, financial institutions, and commercial finance and asset management firms.
In Episode 8, host Jordan L. Fischer, Esq. interviews Cindy Liebes, Chief Program Officer at Cybercrime Support Network (CSN). The CSN's mission is to serve individuals and small businesses impacted by cybercrime, and provides support and resources to protect individuals in the digital world. To learn more about CSN, and to access their resources, visit https://cybercrimesupport.org/. For more information on Ms. Liebes: https://www.linkedin.com/in/cindy-liebes-131258207/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In Episode 7, host Jordan L. Fischer, Esq. interviews Peter Fatelnig, Minister-Counsellor for Digital Economy Policy chez Delegation of the European Union to the United States, on the recently adopted European Union cybersecurity strategy, and the European approach to technology, data privacy, and the increasingly digital market. For more information on Mr. Fatelnig: https://www.linkedin.com/in/peterfatelnig/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In this episode, Kelly Galligan Dunn, M&A Attorney at Rutan & Tucker, LLP, speaks with Michele Johnson, Global Chair of the Litigation & Trial Department at Latham & Watkins LLP, on career development and strategies, community involvement, and work-life balance. This series is sponsored by the Business Law Section’s Career and Practice Development Committee.
In this episode, Frank Placenti speaks with Michael Blanchard about whistleblowers and the role of the board in analyzing and responding to a whistleblower’s accusation and what guidance a lawyer provides to the board in this situation. Frank Placenti chairs the ABA Corporate Governance Committee. He is a partner and leader of the U.S. Corporate Governance Practice of Squire Patton Boggs. He is the editor of the BLS book, Director’s Handbook: A Field Guide to 101 Situations Commonly Encountered in the Boardroom. Frank was also Founding President of the American College of Governance Counsel.
Michael Blanchard is a partner with Morgan Lewis. Michael’s practice focuses on all facets of shareholder litigation: books and records demands, derivative actions, securities class actions and enforcement, directors and officers compensation, indemnification and advancement. He counsels boards responding to shareholder litigation demands, and frequently serves as independent counsel to special committees. Michael works closely with the firm’s shareholder activism defense and crisis management practices. He has successfully tried cases to judges and juries alike, including numerous appeals, and has obtained multiple dismissals, including, for example, the dismissal of a 1933 Act class action which Forbes magazine called a “stunning class action victory.”
In Episode 6, host Jordan L. Fischer, Esq. interviews Emerald de Leeuw, Global Head of Privacy at Logitech, on her journey as a woman in technology and the increasingly complex and divergent requirements in privacy and security. For more information on Ms. de Leeuw: https://www.linkedin.com/in/emeralddeleeuw/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In this episode, Frank Placenti speaks with John Stout and Deborah Kool about sustainability, and the issues in which a board may confront when faced with adhering to corporate goals that center on sustainability.
Frank Placenti chairs the ABA Corporate Governance Committee. He is a partner and leader of the U.S. Corporate Governance Practice of Squire Patton Boggs. He is the editor of the BLS book, Director’s Handbook: A Field Guide to 101 Situations Commonly Encountered in the Boardroom. Frank was also Founding President of the American College of Governance Counsel.
John Stout, a former chair of the Corporate Governance Committee of the Business Law Section of the American Bar Association, is a partner at Fredrikson & Byron, a Minneapolis-based firm, where he co-chairs the firm's Corporate Governance, Corporate Sustainability and Social Responsibility, and Artificial Intelligence groups. He co-founded the Minnesota chapter of the National Association of Corporate Directors and has advised and served on countless boards. Before entering law, Debbie Kool worked in India as a director of a non-profit that rescues victims of sex trafficking. She is an associate in the Securities and Mergers & Acquisitions practices at Fredrikson & Byron and a vice-chair of the ABA's Corporate Social Responsibility Law Committee.
In Episode 5, host Jordan L. Fischer, Esq. interviews Diane M. Janosek, President of the Women in Cybersecurity Mid-Atlantic Affiliate and Training Director at the National Cryptologic School of the National Security Agency. Diane and Jordan discuss the increasing role of cybersecurity in space, and the challenges in creating effective governance and an international approach to the exploration of space. For more information on Ms. Janosek: https://www.linkedin.com/in/diane-janosek-abc/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In this episode, host Frank Placenti speaks with John Stout and Debbie Walker Kool about business sustainability, what it is, how it has evolved, and how every board should be thinking about it. John, a former chair of the Corporate Governance Committee of the Business Law Section of the American Bar Association, is a partner at Fredrikson & Byron, a Minneapolis-based firm, where he co-chairs the firm's Corporate Governance, Corporate Sustainability and Social Responsibility, and Artificial Intelligence groups. He co-founded the Minnesota chapter of the National Association of Corporate Directors and has advised and served on countless boards. Before entering law, Debbie worked in India as a director of a non-profit that rescues victims of sex trafficking. She is an associate in the Securities and Mergers & Acquisitions practices at Fredrikson & Byron and a vice-chair of the ABA's Corporate Social Responsibility Law Committee.
In Episode 4, host Jordan L. Fischer, Esq. interviews Chris Sagers, Professor of Law at Cleveland State University, on the role of antitrust law in policing Big Tech and the use of antitrust law to impact technological innovation. . For more information on Mr. Sagers: https://www.law.csuohio.edu/meetcmlaw/faculty/sagers. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In this episode, host Bradford Newman speaks with Cortnie Abercrombie about AI hiring tools, including regulatory scrutiny, the need for transparency, avoiding implicit bias, and business concerns corporations should address. Cortnie Abercrombie was named one of the “Top 100 Innovators in Data and Analytics in 2019 and 2020” and one of “12 Brilliant Women in AI & Ethics to Watch”. She’s a top advisor to Fortune 500 companies on responsible AI and data innovation practices, and sits on boards advising startups, universities, and other non-profits. She founded responsible AI non-profit AI Truth and is a Founding Editorial Board Member for Springer’s AI and Ethics Journal. Prior to that she led a Shark-Tank style AI solutions incubator at IBM.
In this episode, Frank Placenti speaks with Holly Gregory about what constitutes director misconduct (whether deliberate or unintentional); situations in which a director is disruptive in the boardroom; and how can a board prevent director misconduct as well as setting standards for appropriate board behavior.
Frank Placenti chairs the ABA Corporate Governance Committee. He is a partner and leader of the U.S. Corporate Governance Practice of Squire Patton Boggs. He is the editor of the BLS book, Director’s Handbook: A Field Guide to 101 Situations Commonly Encountered in the Boardroom. Frank was also Founding President of the American College of Governance Counsel.
Holly Gregory, co-chair of Sidley and Austin’s global Corporate Governance and Executive Compensation practice, counsels publicly held, private and not-for-profit corporations on the full range of governance issues, including governance structure and culture, fiduciary duties, risk oversight, conflicts of interest, board and committee structure, board leadership, special committee investigations, CEO transitions, board audits and self-evaluation processes, shareholder activism and initiatives, proxy contests, relationships with shareholders and proxy advisory firms, compliance with legislative, regulatory and listing rule requirements and governance “best practices.” Holly is a former chair of the ABA’s Corporate Governance Committee and is currently president of the American College of Governance Counsel.
In Episode 3, host Jordan L. Fischer, Esq. interviews Clive Halperin, Partner at GSC Solicitors, on the impact of BREXIT on data protection, technology, and cross-border data flows. Mr. Halperin provides key insight into the economic, political, and cultural influences that will dictate the future of data privacy within the UK, and its relations with the EU and GDPR. For more information on Mr. Halperin: https://www.gscsolicitors.com/peoples/clive-halperin. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
In this episode, Frank Placenti speaks with Liz Dunshee and Melodie Rose about the role of the compensation committee in corporate governance and different trends that are taking place within the compensation arena. They will discuss responses to compensation practices implemented to address the COVID pandemic as well as changing compensation metrics to deal with corporate ESG goals and the changing role of the compensation committee. Frank Placenti chairs the ABA Corporate Governance Committee. He is a partner and leader of the U.S. Corporate Governance Practice of Squire Patton Boggs. He is the editor of the BLS book, Director’s Handbook: A Field Guide to 101 Situations Commonly Encountered in the Boardroom. Frank was also Founding President of the American College of Governance Counsel. both Liz and Melodie are recognized experts in corporate governance.
Melodie is Co-Chair of Fredrikson & Byron’s Corporate Governance and Public Companies Groups, serving as outside general corporate and securities counsel to public and private companies and advising boards of directors and executive management teams on governance matters for over thirty years. Additionally, she serves on the board of the National Association of Corporate Directors, Minnesota Chapter, and is an Adjunct Professor at St. Thomas School of Law teaching Corporate Governance. Liz Dunshee is currently Managing Editor at CCRcorp, where she runs TheCorporateCounsel.net, CompensationStandards.com, Section16.net, DealLawyers.com and a suite of related resources, and previously was a Shareholder at Fredrikson & Byron, where she helped lead the corporate governance and executive compensation groups.
In Episode 2, host Jordan L. Fischer, Esq. interviews Myriah V. Jaworksi, Esq., the Privacy Litigation Practice Group lead at Beckage, on the current litigation landscape in privacy and security law. Ms. Jaworksi provides detailed commentary on the numerous privacy and security lawsuits across the United States
In Episode 1, host Jordan L. Fischer, Esq. interviews Daniel B. Garrie, Esq., co-founder of Law and Forensics, on the inherent tensions between the evolution of the law and technology. Mr. Garrie provides insight into the increasing impact of technology across all of our functions in society, and the ways in which the law has changed to address our increasing reliance on technology. For more information on Mr. Garrie: https://www.lawandforensics.com/daniel-garrie/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.
Now that we have discussed Court adjuncts and appointments, we discuss how to mediate successfully a Business Court dispute. In this fourth episode of our podcast series, we speak with some of the best Business Court mediators in the country, and a current and former Vice Chancellor on the Delaware Court of Chancery. Our featured speakers this episode include: The Honorable Gail Adler, The Honorable Donald J. Parsons, Jr. and The Honorable Joseph R. Slights, III. The panelists discuss challenges in mediation, timing considerations, term sheets and the types of proposals used by mediators, among other topics.
How are Court adjuncts and appointments selected in Business Courts? What are the qualifications of mediators and receivers? How do Business Courts use Special Masters to assist with discovery? In this third episode of our podcast series, we speak with Judge Christopher Yates from the Kent County, Michigan Circuit Court. Judge Yates is the co-chair of the ABA Section of Business Law’s Judges Initiative Committee and has served as one of the Section’s Business Court Representatives. Judge Yates provides practitioners with value insight based on his time serving as a Business Court judge, and how the use of Court adjuncts and appointments has changed in light of the COVID-19 pandemic.
When a business files a bankruptcy petition, its ability to run its business, including handling disputes, is transformed. There is a specialized Bankruptcy Court that supervises virtually all major decisions. It follows a set of rules that resembles the federal rules of civil procedure but is just different enough to be jarring for regular business litigators. Plus, the automatic stay that is imposed once the debtor files its petition pervades all dealings with and about the debtor. Kathy McLeroy and Joseph Sorkin and others (including at least one judge) talk about some of the unique aspects of litigating in bankruptcy court.
How is discovery different in Business Courts? What are the best ways to manage discovery in Business Courts? What tools can a judge or litigants use to manage the discovery process effectively? These are just a few of the topics that will be discussed by our panel in Episode 2 of our podcast on the Business Courts Benchbook. Our experienced panel of judges includes The Honorable Timothy S. Driscoll of Supreme Court of New York, The Honorable Mary M. Johnston of the Superior Court of Delaware and Jerome B. Abrams of the Minnesota District Court.
In this episode of “Annual Review: Key business law developments in bite-size pieces”, we talk with Jennifer Baldocchi and Robert Milligan about recent developments in employee mobility, restrictive covenants, and trade secrets. Jennifer Baldocchi is a Partner & Chair of the Employee Mobility and Trade Secrets Practice at Paul Hastings LLP. Jennifer’s practice focuses on employee mobility and intellectual property, including trade secrets, covenants not to compete, unfair competition, and fiduciary duties. Jennifer also acts as the Co-Chair for the Los Angeles Employment Law Department. Robert Milligan is a Partner at Seyfarth Shaw and the Co-Chair of the firm’s Trade Secrets, Computer Fraud, and Non-Competes practice. Robert’s practice includes a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation, and other business torts. Robert also has extensive experience in trials, binding arbitration and administrative hearings, mediations, and appellate proceedings.
Interviewee: Jennifer Baldocchi, Partner & Chair of the Employee Mobility and Trade Secrets Practice, Paul Hastings, and Robert Milligan, Partner & Co-Chair of the Trade Secrets, Computer Fraud, and Non-Competes Practice, Seyfarth Shaw
In this episode of “Annual Review: Key business law developments in bite-size pieces”, we talk with IP Chapter Editors, Sheila Swaropp and Barbara Barath about recent developments in Intellectual Property law and ways in which Intellectual Property Law may continue developing and changing. Sheila Swaroop is a Partner at Knobbe Martens where she is a registered patent attorney that advises on pre-litigation strategy and enforcement and the litigation of disputes through trial and appeal in district court, the International Trade Commission, and the Patent Trial and Appeal Board. Sheila is also a founding member and current President of the Howard T. Markey Intellectual Property Inn of Court. Barbara Barath is a trial-experienced intellectual property litigator at Kirkland and Ellis where she represents clients in patent, trademark, trade secret, and copyright matters involving a broad range of technologies.
Interviewees: IP Chapter Editors Sheila Swaroop, Partner at Knobbe Martens, and Barbara Barath, Partner at Kirkland and Ellis
In this episode of “Annual Review: Key business law developments in bite-size pieces”, we talk with Business Torts Chapter Editors, Steven Barber and Anna Stressenger about recent developments in business torts and highlights from the business torts chapter. Steven Barber is a Partner at Steptoe & Johnson LLP where he focuses on commercial, mass tort, and intellectual property litigation. Steven also has extensive experience in class action litigation, FCPA matters, breach-of-contract suits, and fraudulent conveyance cases. Anna Stressenger is an Associate and Steptoe & Johnson LLP where her practice focuses on commercial litigation matters including drafting motions, developing trial strategies, extensive research, and discovery. Prior to becoming an Associate at Steptoe & Johnson LLP, Anna was the Senior Appellate Judicial Clerk to Chief Justice Rhys S. Hodge of the Supreme Court of the United States Virgin Islands.
In this episode, host Bradford Newman speaks with Bert Kaminski about Commercial AI and related considerations from the in-house perspective. Bert is a recognized expert in AI, and currently leads a legal team that supports enterprise transactions for key industry segments of Google Cloud, including financial services, healthcare and public sector. Prior to joining Google, Bert was Chief Counsel and a member of the executive leadership team of ServiceMax Inc., a California based cloud application provider, Chief Commercial Counsel at GE Digital LLC, and led Oracle’s Cloud Legal Team. We explore with Bert how the self-learning and adaptive behavior of artificial intelligence distinguish AI from other advanced technologies, and what companies are doing to address the associated legal and business risks in their AI commercial offerings.
What is a Business Court? How did the idea for the Benchbook start? What changes do you expect for Business Courts? In this first episode of our podcast series, we speak with three of the pre-eminent scholars on business courts in our country, Lee Applebaum and Mitchell L. Bach, along with Judge Clifton Newman of the South Carolina Circuit Court’s Business Court, on which he has served for a decade. We discuss the origin of Business Courts, the background and genesis of the Benchbook, and how our guests became involved in Business Courts. We also get some thoughts on the changes litigators can expect to see in business courts over the next five years, including how the COVID-19 pandemic and its aftermath will impact the operation of business courts and their use of technology.
We are pleased to introduce our new series, AI.2Day: a podcast for business lawyers about corporate covernance, AI regulation, litigation and all things related.
In this episode, Stuart Riback (BCLC chair) interviews Bradford Newman (Chair of BCLC’s new Artificial Intelligence subcommittee and the host of this Podcast) about what artificial intelligence really is and how it is already affecting our lives. Brad discusses the current state of regulation, thought-leadership regarding AI regulation, and proposals now in the works.
In this episode of “Annual Review: Key business law developments in bite-size pieces”, we talk with Judge Jill Pryor, Judge Thomas Ambro, and Todd Lundell about recent developments in appellate law. Judge Jill Pryor is a United States Circuit Judge of the United States Court of Appeals for the Eleventh Circuit. Judge Prior has served as President of the Georgia Association of Women Lawyers and as Chair of the State Bar of Georgia’s Appellate Practice Section. Judge Pryor was also formerly a member of the Lawyers Advisory Committee of the United States Court of Appeals froth the Eleventh Circuit as well as a member of the Executive Committee of the American Bar Association’s Council of Appellate Lawyers. Judge Thomas Ambro is a United States Circuit Judge of the United States Court of Appeals for the Third Circuit. Judge Ambro is a member of the Board of Trustees of the American Inns of Court, the American Law Institute, and the National Bankruptcy Conference and also serves as an adjunct professor at Georgetown University. Todd Lundell is a Partner at Snell and Wilmer, where he is a Certified Specialist in Appellate Law, as well as an elected member of the California Academy of Appellate Lawyers. Todd has worked on various civil appeals in the United States Court of Appeals for the Second, Eighth, and Ninth Circuits, and in state appellate courts in California, New York, Oregon and West Virginia. The cases Todd focuses on address a wide variety of matters including product liability, insurance law, partnership fiduciary duties and liabilities,civil RICO, state copyright law, breach of contract, tortious interference with contract, tax, securities fraud, and immigration. .
Episode 3: Recent Developments in Employment Law
Interviewee: Jeff Wohl, Partner & Chair of the San Francisco Employment Law Practice at Paul Hastings LLP and Emily Pidot, Partner at Paul Hastings LLP.
In this episode of “Annual Review: Key business law developments in bite-size pieces”, we talk with Jeff Wohl and Emily Pidot about recent developments in employment law including the impacts of COVID-19 and certain social and political movements. Jeff Wohl is a Partner & chair of the Employment Law Practice at Paul Hastings LLP. Jeff’s areas of focus include employment litigation and counseling, individual and class action discrimination, wage and hour, wrongful discharge, and privacy cases. Jeff has been recognized as a leading employment lawyer by both Chambers and Legal 500, and represents major national and regional companies in employment litigation and counseling. Emily Pidot, a Partner in Paul Hastings’ New York office, specializes in defending employers in a broad array of employment matters, including claims of discrimination, harassment retaliation, whistleblower matters, executive compensation disputes, and wage and hour class and collective actions.
Episode 2: Recent Developments in Trial Practice
Interviewees: Trial Practice Chapter Editors Gina Ferrari, Partner at Seyfarth Shaw LLP and Chelsea Mikula, Partner at Tucker Ellis LLP
In this episode of “Annual Review: Key business law developments in bite-size pieces”, we talk with Trial Practice Chapter Editors, Gina Ferrari and Chelsea Mikula about recent developments in trial practice, including how COVID-19 has impacted and will continue to impact these practices. Gina Ferrari is a Partner at Seyfarth Shaw LLP where she specializes in complex commercial litigation; she is a member of Seyfarth’s National Trial Team, co-chairs the San Francisco commercial litigation group and is a member of the national litigation department leadership team. Gina focuses on commercial and business counseling and litigation for all industries, with an emphasis on the financial services, government contractor, and retail and hospitality industries. Chelsea Mikula is a Partner at Tucker Ellis LLP where she is a trial lawyer who represents clients in all aspects of litigation, with a focus on Employee Stock Ownership Plan litigation. Chelsea has extensive trial experience and has taken several cases to verdict at trial and in arbitration as co-counsel. Throughout her career, Chelsea has represented clients in breach of contract actions and other business related torts.
Episode 1: Introduction and History of the Annual Review
In this episode of “Annual Review - Key business law developments in bite-size pieces”, we discuss the history of the book and its evolution over the past two decades with Judge Elizabeth Stong and Heidi McNeil Staudemaier. Judge Elizabeth Stong is a United States Bankruptcy Judge for the Eastern District of New York. Judge Stong is also actively involved in the leadership of the ABA Business Law Section and Judicial Division. Heidi McNeil Staudemaier is a Partner at Snell and Wilmer where she is nationally renowned in the fields of Native American Law and Gaming Law and Business Litigation. Heidi has also served as the President of International Masters of Gaming Law, as well as the Executive Editor of Gaming Law Review and Economics. Judge Elizabeth Stong and Heidi McNeil Staudemaier are both leaders of the BCLC and Business Law Section and were instrumental in establishing the Recent Developments publication almost 20 years ago.
Interviewees: Judge Elizabeth Stong, United States Bankruptcy Judge for the Eastern District of New York, and Heidi McNeil Staudemaier, Partner at Snell & Wilmer
Sports litigation presents a unique set of issues because of high visibility and because of the maze of overlapping rules and special tribunals. There are different kinds of questions to confront when representing team owners, players, agents, television networks, colleges, leagues or associations. Depending on the dispute, it may be decided in court, in a regular arbitration, arbitration before a commissioner or a standing arbitration panel. Managing publicity and keeping an eye on future relationships can be key. Stuart Riback interviews Nick Sanchez (Theodora Ohringer, Costa Mesa, CA) and Mark Humenik (Polk Kabat, Orange, CA) about some of the unique challenges in representing collegiate or professional athletes and how to negotiate the labyrinth of collective bargaining agreements, league licensing, individual athlete contracts and endorsements and public relations issues.
Sivan Whiteley is Square’s General Counsel and Corporate Secretary, where she oversees a worldwide team responsible for the company’s legal, regulatory, compliance, security operations, and corporate development. Square is a cohesive commerce ecosystem that helps sellers start, run, and grow their businesses, and the Cash App is similarly creating an ecosystem of financial services for individuals. Square’s purpose is economic empowerment: building simple and accessible tools to enable anyone to participate and thrive in the economy. Sivan joined Square in March 2013 and previously served as Square’s Associate General Counsel. Prior to Square, Ms. Whiteley served as Associate General Counsel at Better Place, Inc., as Commercial and Product Counsel at eBay Inc., and was a litigator at Bingham McCutchen LLC. Ms. Whiteley holds a B.A., magna cum laude, in Political Science from the University of California, San Diego, and a J.D., cum laude, from Harvard Law School.
Tribal Court Litigation: Native American tribes are sovereign, and much of the business activity that tribes (or tribe members) are involved in can end up in tribal courts rather than the usual state or federal courts. In this episode, Stuart Riback interviews Grant Christensen (University of North Dakota) and Ryan Dreveskracht (Galanda & Broadman, Seattle) about how litigation can end up in tribal court; how it differs from regular state or federal courts; how to avoid tribal court if that’s the objective, and similar subjects.
When and why can a court take control of a business away from its management and install a receiver? What does or can a receiver do once s/he is in place? What should a receiver do once s/he is in place? How much litigation does or should a receiver do in the course of the work? How does an attorney become a receiver? Judge Louis Bledsoe (North Carolina Business Court) and Melissa Visconti (Damian & Valori, Miami) talk about the processes, pitfalls and triggers for receivership. They also provide an overview of the work of the Receiverships and Fiduciaries subcommittee.
In this episode of “Corporate Lawyers Changing the World: An Insider's Look at Corporate Social Responsibility” we talk with Margaret Cassidy about integrating sustainability and CSR into corporate compliance programs. Margaret, one of the co-editors and authors of The Lawyer’s Corporate Social Responsibility Deskbook, is the founder and principal of Cassidy Law PLLC and is currently Chair of the ABA Business Law Corporate Compliance Committee. Margaret counsels businesses on implementing and improving ethics, compliance and socially responsible programs with a focus on government contractors both in the US and abroad. Margaret prospectively counsels businesses and their leaders on procurement laws, conflict of interest and ethics laws as well as anti-corruption and trade laws. Margaret defends businesses and their leaders when they are accused of committing business crimes, whether in a criminal or civil investigation, and also defends businesses subject to a government audit.
In this episode of “Corporate Lawyers Changing the World: An Insider's Look at Corporate Social Responsibility” we talk with David Silk about the relationship between corporate governance and ESG, sustainability and CSR and the role of the board in overseeing initiatives in those areas. David, one of the authors of The Lawyer’s Corporate Social Responsibility Deskbook, is a partner at Wachtell, Lipton, Rosen & Katz in New York. He focuses on takeover defense, corporate governance and shareholder activism; risk oversight; U.S. and cross-border mergers, acquisitions and strategic partnerships; and other corporate and securities laws matters. David advises worldwide and across industries, including technology, consumer goods, retail, food and beverage and sports.
In this episode of “Corporate Lawyers Changing the World: An Insider's Look at Corporate Social Responsibility” we talk with Michael Littenberg about current practices and future trends in sustainability reporting and disclosure. Michael, one of the authors of The Lawyer’s Corporate Social Responsibility Deskbook, is a partner in the Securities and Public Companies practice of Ropes & Gray, based in the firm’s New York office. As part of his practice, for almost thirty years, Michael has been active in advising leading public and private companies, asset managers, and asset owners on CSR, ESG and supply chain compliance matters, and he is widely viewed as one of the leading practitioners in this emerging area.
In this episode of “Corporate Lawyers Changing the World: An Insider's Look at Corporate Social Responsibility” we talk with Margaret Richardson about integrating environmental responsibility into the day-to-day activities of the legal department and advising directors and senior managers on responding to environmental challenges including climate change. Margaret, one of the authors of The Lawyer’s Corporate Social Responsibility Deskbook, is the Vice President of Regulatory, Compliance and Safety for Global Widget, LLC. Prior to joining Global Widget, LLC Margaret served as General Counsel and Head of Regulatory for Anuvia Plant Nutrients. Margaret has also held the title of Vice President, Legal for Mayne Pharma Inc. and Endo Pharmaceuticals and General Counsel of Jubilant Life Sciences. She brings a unique educational background with science and business degrees before completing her JD at North Carolina Central University.
In this episode of “Corporate Lawyers Changing the World: An Insider's Look at Corporate Social Responsibility” we talk with Stan Smith about the responsibility of businesses for respecting the privacy rights of workers, customers and others who make their personal information available when interacting with companies.
Stan, one of the authors of The Lawyer’s Corporate Social Responsibility Deskbook, is Senior Vice President and Americas General Counsel for Software AG, a global provider of software products and services. Stan’s day-to-day responsibilities at Software AG include providing legal counsel on a broad range of global and regional issues, particularly in the areas of licensing, M&A, product development, employment, competition, corporate governance, CSR, contract management, and litigation. Stan has lectured on legal topics relating to in-house practice and building relationships with outside legal service providers, and is a member of several professional committees and practice groups, including the ABA Business Law Section’s Corporate Social Responsibility Law Committee.
In this episode of “Corporate Lawyers Changing the World: An Insider's Look at Corporate Social Responsibility” we talk with Suz Mac Cormac about impact investing, social enterprises and future of professional guidance on environmental, social and governance (ESG) matters.
Suz, one of the authors of The Lawyer’s Corporate Social Responsibility Deskbook, is a Corporate Partner at Morrison & Foerster. Since 2001 she has dedicated her career to focusing on ESG and impact, particularly developing and implementing legal solutions, such as corporate forms, financing instruments and vehicles for the aggregation of capital, to address climate change. Suz advises a full range of investors focused on social and environmental impact, including traditional top-tier venture and growth equity investors entering the impact space for the first time and those looking for innovative solutions in this space. Suz teaches at Berkeley Law School, was a founding board member of SASB and she is currently on the Board of Directors of BSR and the President’s Council at CERES.
The Evolution of CSR and Future Challenges in the Supply Chain
In this episode of “Corporate Lawyers Changing the World: An Insider's Look at Corporate Social Responsibility” we talk with Travis Miller about the evolution of CSR and the ongoing challenges of managing social responsibility in supply chains.
Travis is one of the co-editors and authors of The Lawyer’s Corporate Social Responsibility Deskbook and is an international trade and compliance attorney who specializes in ITAR/EAR/sanctions, global anti-corruption and anti-slavery, codes of conduct, environmental health and safety, product stewardship and corporate social responsibility. Travis is General Counsel at Assent Compliance Inc. and manages Assent’s worldwide legal activities, advises the board of directors on legal matters, and oversees corporate compliance, governance initiatives and other commercial transactions. Before coming to Assent, he served in various high-level counsel positions with companies such as Microchip Technology, Foresite Group and St. Jude Medical (Abbott).
Robin Sosnow, a veteran of the crowdfunded securities offering industry, explains the primary laws around private securities offerings and crowdfunding, and how they fit in with ICOs and STOs.
is the founding Partner of Sosnow & Associates PLLC, an innovative, boutique legal practice in New York City. She also co-founded Digital Securities Law Group, another New York City based joint venture legal practice, which is focused specifically on the blockchain industry.
Robin practices in the areas of securities law, crowdfunding, and security tokens. As such, she is a regular speaker at FinTech events such her recent appearances at the OTC Markets, KoreSummit, the Security Token Summit II and OnChain19.
Website: https://jobsactlawyers.com/ Twitter: @RobinSosnowEsq Email: contact@jobsactlawyer.com
As Ethereum’s first general counsel, Tung Chan was the legal advisor to Vitalik Buterin and Ethereum in the early days starting from the launch of its genesis block in July 2015. She recounts the early days and challenges of the Ethereum public blockchain, and tells us how that now colors how she advises blockchain starups.
After Ethereum, Tung became the became general counsel for the DAV Foundation, a blockchain startup for decentralized autonomous vehicles. Prior to Ethereum, Tung was the securities regulator for the State of Hawaii and led a team of prosecutors and investigators. She began her practice as a securities lawyer at Cleary Gottlieb in New York City.
An experienced lawyer who has advised both public and private Fortune 100 companies, Tung has expertise in regulatory affairs as well as aviation, start-up, Fintech, securities and corporate matters. As general counsel, she has a great deal of experience with managing affairs in jurisdictions around the world including Switzerland, Malta, Singapore and others. She began her law career clerking on the US Court of Appeals for the 10th Circuit and on the Constitutional Court of South Africa, soon after the adoption of the post-apartheid Constitution.
Linkedin: Tung Chan, General Counsel at DAV Foundation Telegram: @tungchan
The Law of Artificial Intelligence and Smart Machines editor Ted Claypoole talks with star Toronto lawyer and writer Lisa Lifshitz about Canada’s strong work in AI development and how Canadian privacy laws are likely to regulate and affect machine learning tools.
Blockchain and cryptocurrency-related companies are considered the wild west—they often operate oftentimes in a void of regulatory guidance. Jason Gottlieb talks about the building precedent of regulatory enforcement against blockchain and cryptocurrency companies, and the evolving interpretations of laws relating to token offerings (such as initial coin offerings, initial exchange offerings, and security token offerings).
Jason is a Partner in Morrison Cohen’s Business Litigation Department and Chair of the White Collar and Regulatory Enforcement practice group. His practice focuses on regulatory enforcement, litigation, and arbitration relating to securities, commodities, cryptocurrency, futures and derivatives, and structured finance.
Jason is the principal author of the MoCo Cryptocurrency Litigation Tracker, and was named to the National Law Journal's inaugural list of 2018 Cryptocurrency, Blockchain and Fintech Trailblazers. He has been widely quoted for his expertise in the media, including CNN, CNBC, Bloomberg Law, Fortune, the National Law Journal, The New York Law Journal, The Real Deal, and many more.
Jason has defended corporate entities, individual officers and directors, and employees in dozens of investigations and enforcement actions conducted by the SEC, CFTC, Department of Justice, New York Attorney General’s Office, FINRA, ICE, CME, NYMEX, Arca, and other governmental and self-regulatory agencies.
Jason regularly advises U.S. and foreign companies on
Website: morrisoncohen.com/jgottlieb Linkedin: Jason Gottlieb, Morrison Cohen Twitter: @ohaiom
MoCo Cryptocurrency Tracker: https://www.morrisoncohen.com/siteFiles/files/MoCo%20Cryptocurrency%20Litigation%20Tracker%201-30-18.pdf
The Law of Artificial Intelligence and Smart Machines editor Ted Claypoole interviews lawyer and chapter author Jennifer Maisel about AI in legal services and entertainment. The discussion ranges from Ai's role in augmented reality and diminished reality applications, machine learning improvements for television and video games, and likely legal conflicts to arise from AI-enhanced entertainment.
Brian Brooks is Chief Legal Officer of Coinbase, an $8 billion Silicon Valley startup that is one of the largest digital currency platforms in the world. At Coinbase, Brian is responsible for the company’s legal, compliance, internal audit, government relations, and global intelligence groups. Brian talks about his approach in managing compliance at one of the most prominent cryptocurrency-related companies in the industry.
Brian joined Coinbase in September 2018 from Fannie Mae, where he served as Executive Vice President, General Counsel and Corporate Secretary. Fannie Mae, ranked 22nd on the 2019 Fortune 500, is the largest financial institution in the United States as measured by its assets of $3.2 trillion. Brian was elected to Fannie Mae’s Board of Directors in March 2019 and currently serves on the Risk Policy & Capital Committee and the Strategic Initiatives and Technology Committee.
Brian previously served as Vice Chairman of OneWest Bank, where he worked closely with future Treasury Secretary Steven Mnuchin and future Comptroller of the Currency Joseph Otting. He was also a member of the board of directors and the executive committee of the California Bankers Association. Brian began his career as an attorney at O’Melveny & Myers LLP, where he served as chair of the firm’s financial services practice group, managing partner of the firm’s Washington, D.C. office, and a member of the firm’s 12-person board of directors. He received his A.B. cum laude from Harvard University and his J.D. with honors from the University of Chicago Law School.
Twitter: @BrianBrooksCB Linkedin: Brian Brooks, Coinbase
Judge James Baker, current Director for The Institute of National Security and Counterterrorism at Syracuse U. College of Law and former Chief Judge for the United States Court of Appeals for the Armed Forces meets with Ted Claypoole to discuss artificial intelligence and the law of war, including international regulation of autonomous killing machines. Judge Baker talks about his 8 point of AI application to national security for policy makers, such as the strengths and weaknesses of AI for military and security functions, the centaur's dilemma for machine-enabled humans, and how AI amplifies the current pathologies in national security decision making.
Carlton Greene explains the evolution and current approaches of crypto-companies towards AML, KYC, and regulatory compliance.
Carlton Greene is a partner in Crowell & Moring's Washington, D.C. office and a member of the firm's International Trade and White Collar & Regulatory Enforcement groups. He provides strategic advice to clients on U.S. economic sanctions, Bank Secrecy Act and anti-money laundering (AML) laws and regulations, export controls, and anti-corruption/anti-bribery laws and regulations. Carlton is the former chief counsel at FinCEN (the Financial Crimes Enforcement Network), the U.S. AML regulator responsible for administering the Bank Secrecy Act. Before joining FinCEN, Carlton previously served as the assistant director for transnational threats with the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), where he directed targeting and investigations for more than 15 U.S. economic sanction programs, including those related to Iran and North Korea. Carlton also served as legal counsel to OFAC on counterterrorism sanctions. Previously, he was appointed by the United Nations Secretary-General to advise the UN Security Council on international sanctions against Al-Qaida and the Taliban and to lead member state visits to assess compliance. Carlton also previously served as a trial attorney at the U.S. Department of Justice, where his practice included representing OFAC on sanctions issues. Based on his years of experience with OFAC and FinCEN, Carlton offers valuable insights on the approaches of these agencies that will assist corporate clients to more effectively respond to government investigations, as well as update their corporate compliance programs in general. Website: https://www.crowell.com/professionals/Carlton-Greene
Law professor and prolific author Jon Garon talks with interviewer Ted Claypoole about the effect that artificial intelligence will exert over labor and employment in the U.S. Health and safety rules affecting autonomous industrial machines, worker/machine partnerships, the coming revolution in white collar automation, and how laws may address workforce reductions caused by machine dominance, are all topics of this wide-ranging analysis of AI's growing influence on work in America.
Smart contracts are a buzzword in the legal industry today, but are they really smart? And are they even contracts? Daniel Rice discusses how they work, what people are doing with them today, and dispute resolution of smart contracts.
Daniel Rice is the Co-founder and CTO of Bling Financial, a mobile gaming network that rewards users with Bitcoin. He is a computer scientist with a background intersecting financial and entertainment apps. Prior to Sagewise, Daniel was CTO of Totum Risk which builds portfolio risk analysis software. He has launched apps with over 5 million downloads. Daniel has served on the California Bar Task Force for Access to Legal Services Through Innovation. In 2014 Daniel founded Bitcoin Developers Los Angeles to focus on building a developer community around blockchain technology. He has consulted for Fortune 500 companies around blockchain and filed many patents on the topic as well.
Daniel is the founder of the Orange County CTO Forum. He holds a BS degree in Computer Engineering from Cal Poly, San Luis Obispo.
Twitter: @thedrbits
Silicon Valley Tech Lawyer Steve Wu is interviewed by Ted Claypoole, concerning his AI and Smart Machines book chapter on product liability arising from autonomous machines operating in the physical world. Wu works with AI companies and brings those insights to the legal concerns of AI vendors, traditional and novel claims for product lawsuits involving machine learning, and how automation is changing the insurance industry.
In our first episode, technologist Daniel Rice gives an introductory explanation of blockchain and related concepts. Daniel Rice is the Co-founder and CTO of Bling Financial, a mobile gaming network that rewards users with Bitcoin. He is a computer scientist with a background intersecting financial and entertainment apps. Prior to Sagewise, Daniel was CTO of Totum Risk which builds portfolio risk analysis software. He has launched apps with over 5 million downloads. Daniel has served on the California Bar Task Force for Access to Legal Services Through Innovation. In 2014 Daniel founded Bitcoin Developers Los Angeles to focus on building a developer community around blockchain technology. He has consulted for Fortune 500 companies around blockchain and filed many patents on the topic as well. Daniel is the founder of the Orange County CTO Forum. He holds a BS degree in Computer Engineering from Cal Poly, San Luis Obispo. Twitter: @thedrbits
Ted Claypoole interviews lawyer and professor Roland Trope about the highlights of his chapter on Autonomous Driving Machines in The Law of Artificial Intelligence and Smart Machines. Among many topics, Trope discusses where AI machines outperform humans, how self-driving cars/trucks work and how they are likely to be regulated, and the practical and regulatory obstacles faced by vehicle companies as they introduce this technology to the U.S. roads.