RopesTalk: Recent Episodes
Ropes & Gray LLP
Ropes & Gray attorneys provide timely analysis on legal developments, court decisions and changes in legislation and regulations.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen are joined by actor and activist Julia Ormond, founder and president of Asset Campaign, a nonprofit organization working to ensure human rights by driving supply chain transparency and empowering individuals to make informed purchasing, investment and employment decisions. Julia discusses the “aha” moment that inspired her work on human trafficking and outlines a broad strategy for how policies and businesses can begin to support global human rights efforts. She specifically points to measurement and transparency as powerful tools that can be used to change behavior and eradicate trafficking, slavery and forced labor.
On this Ropes & Gray podcast, real estate partner Sally Davis and asset management partner Eric Requenez discuss some of the key similarities and differences between terms in real estate joint ventures and terms in real estate funds, including considerations for investors and practitioners in the space who are looking to invest through either of these structures or any of the various “hybrid” models found somewhere in between.
On this episode of Ropes & Gray’s California Law for Asset Managers podcast series, asset management counsel Catherine Skulan and Chelsea Childs provide an overview of California’s fee disclosure law, its implications in connection with fundraising with California pension plans and how the market has responded and adapted to the law since its enactment over five years ago.
Section 337 investigations at the U.S. International Trade Commission are known for their speed. But in recent years, the ITC has introduced multiple avenues designed to resolve some of these cases even more quickly—including just a few months after institution. On this episode of Ropes & Gray’s ITC-focused podcast series, Talkin’ Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Brendan McLaughlin are joined by summer associate Ava Kamb to examine the development and history of the ITC’s so-called “100-day program,” as well as the more recent interim initial determination pilot program. They discuss the purpose and motivations behind these early disposition proceedings, the mechanics of how they are invoked and progress to a resolution, and consider whether these programs have lived up to expectations.
On this episode of Ropes & Gray’s California Law for Asset Managers podcast series, asset management counsel Catherine Skulan and Chelsea Childs provide an overview of the lobbying law regime and registration requirements applicable to asset managers seeking investments from California pension plans and retirement systems.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk to Dr. Rumman Chowdhury, a pioneer in the field of responsible AI. Currently a Responsible AI Fellow at Harvard, with prior leadership roles at Twitter and Accenture, Rumman has first-hand insight into the real harms of AI, including algorithmic bias. She discusses how data scientists seek to understand these problems, and the importance of trustworthiness in the future of AI development. Having recently testified before Congress about AI governance, she shares her thoughts about building a governance ecosystem where human ingenuity can flourish.
We are pleased to introduce a new Ropes & Gray podcast series, The Sponsor’s Edge: Insights on Growth and Venture Investing, which explores a variety of subjects of importance to growth and venture fund sponsors. This series will feature attorneys from a number of practice groups at Ropes & Gray, including private funds, venture investing & emerging companies, and restructuring, as they examine issues germane to growth and venture fund sponsors in the current investment environment.
On this opening episode, asset management counsel Catherine Skulan hosts the first of a two-part conversation between Brad Flint, partner and co-lead of Ropes & Gray’s venture investing & emerging companies practice, and Raj Banerjee, a senior associate in that practice. Brad and Raj discuss down rounds and their alternatives, including recapitalizations when a down round isn’t enough. Their discussion also sheds light on evolving and emerging terms that are becoming increasingly common in today’s deal landscape.
Please stay tuned for the second part of their conversation, where they will cover the emergence of additional terms and investor protection mechanisms recently taking root in the market.
On this Ropes & Gray podcast, health care partner Devin Cohen and counsel Leslie Thornton discuss the recent developments and trends related to at-home care coming out of the public health emergency (PHE). They talk about impacts of pandemic-era waivers and flexibilities, focusing on telehealth—including on state licensure, telefraud, HIPAA, and hospital-at-home—remote prescribing, and clinical trials, as well as the future of these flexibilities as we exit the PHE.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen speak with researchers at Indiana University's Kelley School of Business about the value of corporate compliance programs. Compliance can be (inaccurately) perceived as a “cost center” or an “enabling function,” supporting rather than contributing to product development and business strategy. But business law and ethics professors Todd Haugh and Suneal Bedi tested this idea by assessing the role of compliance in value creation. They discuss findings from their recent study, which explores how consumers value compliance—as a unique product feature—using a statistical technique called conjoint analysis.
On this episode of Women @ RopesTalk, hosted by health care partner Christine Moundas, life sciences regulatory & compliance counsel Beth Weinman interviews Jennifer Zachary, executive vice president and general counsel of Merck. Jennifer describes her unique trajectory from science major in college to associate chief counsel at the FDA to law firm partner and finally to her role as the top lawyer at Merck. She breaks down the differences and similarities between private and public practice, noting that the desire to protect the public health is just as strong in both places, and shares important advice for early career attorneys: work hard, seek out interesting cases, surround yourself with lawyers you admire, and make sure you’re having fun. Jennifer also describes the invaluable roles that mentorship, sponsorship and diversity efforts played in her transition in-house, and talks about the needle-moving diversity initiative she oversees at Merck.
COSO recently released supplemental guidance on achieving effective internal control over sustainability reporting. The guidance is very timely, given recently adopted, pending and proposed sustainability reporting requirements in several jurisdictions. In addition, companies are seeking to bring more rigor to their voluntary ESG disclosures, both to meet market expectations and to mitigate evolving litigation and enforcement risk. On this podcast, three of the principal authors, Doug Hileman, Shari Littan and Jeff Thomson, provide an introduction to the COSO framework and the supplemental guidance. They also provide insights and tips on applying the supplemental guidance and its relevance to specific types of sustainability disclosures.
The episode is hosted by Michael Littenberg, Ropes & Gray partner and global head of the ESG, CSR and business and human rights practice. Michael is the only private practice attorney listed as a contributor in the guidance. He also is quoted in the publication.
With a choppy fundraising climate and uncertainty about broader global macro trends, as well as in some cases heightened capital constraints, many LPs are keenly focused on ways to improve their investment processes. On this episode of Ropes & Gray’s Alternative Asset Insights podcast series, partners Emily Brown, Isabel Dische, Vince Ip and Sean Seelinger focus on some best practices for operational due diligence (ODD) to assess potential risks stemming from a sponsor’s operations.
While the overwhelming majority of Section 337 investigations at the U.S. International Trade Commission involve patent infringement claims, the ITC is empowered to prohibit an extremely broad set of unfair trade practices and unfair methods of competition. In fact, courts have noted that Section 337 is “broad enough to prevent every type and form of unfair practice” associated with the importation of goods into the United States. On this episode of Talkin’ Trade, Ropes & Gray IP litigators Matt Rizzolo, Cassandra Roth, Matt Shapiro, and Brendan McLaughlin discuss the wide variety of claims that may be brought under this subsection of the statute and address some unique aspects of how the ITC adjudicates them.
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk to Antoine Ferrère, global head of behavioral and data science in the ethics, risk and compliance department at Novartis. With master’s degrees in both management and behavioral science, Antoine discusses how his multidisciplinary team at Novartis applies behavioral and data science at scale to drive ethical behaviors, reduce risks and ensure compliance across all areas of the company. He also discusses the multi-year studies his team has implemented to better understand the role of psychological safety in both speaking up and “listening up.”
We are pleased to introduce a new Ropes & Gray podcast series, California Law for Asset Managers, which explores California state laws of importance to asset managers.
This series will examine California state privacy, lobbying, fee disclosure and other laws that are relevant to asset managers that are, or are thinking about becoming, active in the state. California’s privacy laws can implicate a wide range of managers—from those based in the state to those that simply have California investors. And given the importance to many sponsors of partnerships with state and local pension plans, two episodes will focus on lobbying and fee disclosure issues that asset managers must grapple with when dealing with these plans. We will look to provide updates on these matters and insights into other relevant California law matters for asset managers in later podcasts.
On this opening episode, asset management counsel Catherine Skulan is joined by data, privacy & cybersecurity counsel Kevin Angle to discuss recent developments in California privacy law. Catherine and Kevin delve into the implications for asset managers of the California Consumer Privacy Act (CCPA) of 2020 and its amending legislation, the California Privacy Rights Act (CPRA), which becomes enforceable for violations on or after July 1, 2023.
On this episode of Ropes & Gray’s Value-based Care Collides with Competition podcast series, health care attorneys Christina Bergeron, John Saran and Ivette Sanchez discuss the impact of current and proposed state laws regulating health care access, cost and quality on transactions involving management services organizations (MSOs) and dental support organizations (DSOs).
On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen reflect on the last six months of insights and “better ways” from the podcast. From looking outside of your normal environment for better ways, to leaning into the importance of precision, to thinking like a scientist and drawing on radical creativity, this episode adds new dimensions to key topics with additional perspective and curiosity.
On this episode of the R&G Tech Studio, intellectual property transactions and technology counsel Emily Karlberg sits down with technology, media & telecommunications co-lead Andrew Thomases to discuss the critical role intellectual property plays in carve-out transactions.
On this episode of Women @ RopesTalk, hosted by IP transactions partner Megan Baca, litigation & enforcement partner Amy Jane Longo interviews Jennifer Chun Barry, associate general counsel in special investigations at Meta. With experience as a federal prosecutor, an SEC trial attorney and an in-house lawyer at a global tech company, Jennifer has had a varied and interesting legal career, and she opens up about her different steps along the way. She shares what initially drew her to trial work and what she’s still learning about building professional relationships today at Meta. Jennifer also talks about how her parents’ journey as immigrants has shaped her approach to life and work.
On this episode of Ropes & Gray’s Value-based Care Collides with Competition podcast series, private equity partner Marty Ruhaak is joined by health care attorneys John Saran and Meg Lewellyn to discuss the practical effects of recent federal and state government efforts to scrutinize private equity-funded health care entities and state legislative developments to impose oversight over health care transactions involving private equity-funded entities.
During some of the most divisive times in U.S. history, a small group of Democrats and Republicans defied all odds and learned to work together to get things done. It’s an inspiring story of success that you almost never hear about in Congress. On this episode of There Has to Be a Better Way?, co-hosts Zach Coseglia and Hui Chen talk with Dr. Marian Currinder, a political scientist and former professional staffer to a bipartisan congressional committee during an extremely partisan time, to learn about how a committee that seemed set up to fail thwarted expectations to pass more than 200 recommendations in four years.
Over the last year-plus, there has been a growing anti-ESG movement in the United States. Most of the focus has been on asset managers. As the leading asset management practice, Ropes & Gray has been in the trenches advising clients on these issues on a daily basis.
On this podcast, Ropes & Gray thought leaders come together for a timely in-depth discussion of the most recent anti-ESG developments and the demands asset managers are navigating. During the podcast, they discuss fiduciary duties, antitrust, proxy advisors, state legislation, greenwashing and consumer protection claims and ERISA considerations. The participants provide concrete compliance tips. They also provide their predictions for the future.
Ropes & Gray partners Josh Lichtenstein, Samer Musallam, Chong Park, Amy Roy and Rob Skinner share their thoughts. The discussion is moderated by Michael Littenberg, partner and global head of the firm’s ESG, CSR and business & human rights practice.
In this Ropes & Gray podcast, health care partners Margaux Hall and Stephanie Webster and counsel David Ault explore drug pricing reforms and limits on agency action. In the months leading up to the midterm elections, we saw a flurry of activity around drug pricing, and now, in the wake of midterms, we see heightened bipartisan interest in the topic. Listen in to hear about some of the key recent events and a discussion on the fundamental question of how far agencies can go in regulating drug pricing.
In this episode of the R&G Tech Studio, technology and intellectual property transactions partner Regina Sam Penti sits down with technology, media & telecommunications co-lead Ed Black to discuss her practice and how she, as an MIT-trained engineer, leverages her background to counsel clients on technology transactions.
In many cases, ITC investigations are not stand-alone proceedings—Section 337 complaints are often accompanied by complaints filed in federal district court. These parallel complaints often are based upon the very same unfair acts underlying the alleged Section 337 violation, such as patent infringement, trademark infringement, or trade secret misappropriation. In this episode of Talkin’ Trade, Ropes & Gray IP litigators Matt Rizzolo, Matt Shapiro, Brendan McLaughlin, and Meredith Foor explore the issues created by such parallel complaints, including the potential for litigation on two fronts and the possible preclusive effect—or lack thereof—of Commission determinations.
This episode of Ropes & Gray’s podcast series Non-binding Guidance examines FDA’s final guidance on Clinical Decision Support (“CDS”) software, released in September, and its implications for the life sciences and health care industries. The final guidance represents a substantial change in FDA’s approach to CDS software regulation from the agency’s 2019 draft guidance and may prompt many software developers to reassess their CDS products in light of the new guidance. Join Ropes & Gray FDA regulatory partners Greg Levine and Kellie Combs and counsel Sarah Blankstein as they discuss FDA’s new CDS guidance and provide an overview of key changes, practical implications, and some of the challenges posed by the guidance.
In this episode of Women @ RopesTalk, Ropes & Gray health care partners Jenn Romig and Christina Bergeron interview Lisa Mango, chief legal officer and general counsel of One Medical, a human-centered, technology-powered U.S. primary care organization on a mission to make quality health care more affordable, accessible, and enjoyable through a seamless combination of in-person, digital, and virtual care services. Lisa talks about the evolution of her career, beginning at a mid-sized law firm and then moving to in-house legal roles at early dot-com and design software companies before starting at One Medical in 2016. In looking back at her career, Lisa encourages junior lawyers to embrace the unknown, reflects on an important mentor, and shares her approach to working and parenting. Finally, she talks about the exciting past few years at One Medical, including the company’s recent agreement with Amazon.
In this Ropes & Gray podcast, partners Ama Adams and Brendan Hanifin, counsel Emerson Siegle, and associate Kurt Fowler discuss FinCEN rulemaking implementing the beneficial ownership reporting requirements of the Corporate Transparency Act. The rule will significantly expand the scope of information that certain legal entities must disclose under U.S. law, and compliance with the rule’s requirements may present particular complexity for traditional tiered holding company structures.
In this Ropes & Gray podcast, health care partner Stephanie Webster and litigation & enforcement partner Jane Willis discuss recent rulemakings by the Centers for Medicare and Medicaid Services (“CMS”) regarding Competition and Transparency in health care. They address how this rule is part of a broader effort by the Biden Administration to aggressively enforce the antitrust laws, and in particular, what hospitals, health care systems, and other health care providers might expect from this rulemaking and the broader trend it signals.
In this episode of the R&G Tech Studio, venture capital & emerging companies co-lead Brad Flint sits down with technology, media & telecommunications co-lead Ed Black to discuss his practice and to share his thoughts on the evolving tech and regulatory landscape impacting the venture community.
Following the first action filed by a U.S. federal regulator against a DAO and its members, asset management attorneys Melissa Bender, Jeremy Liabo and Glen Chen discuss the Ooki DAO case and its implications on the potential liability of DAO token holders, DAO legal wrappers and the CFTC’s role in regulating digital assets.
The Ropes & Gray Decoding Digital Health podcast series discusses the digital health industry and related legal, business and regulatory issues. On this episode, Digital Health Initiative co-lead and IP transactions partner, Megan Baca, is joined by Verily Life Sciences Lead Product Counsel, John Vaughan, to continue their discussion on Verily’s innovative partnerships in digital health, the challenges Verily has faced as well as the rewarding solutions that Verily and its partnerships have created.