S&C Critical Insights
Business & Finance
About
Sullivan & Cromwell present the S&C Critical Insights podcast. Topics include M&A trends across industries, corporate governance including shareholder activism, litigation, arbitration, products liability, and more.
Episodes
- Tariffs: SCOTUS Decision in Learning Resources, Refunds and Next Steps
In this episode of S&C’s Critical Insights , Eric Kadel and Andrew DeFilippis, Co-Heads of S&C’s Tariffs Response Team, and associate Michael Loughlin discuss recent developments in tariffs, including the Supreme Court’s decision in Learni…
- The Rise of Derivative Claims Under Section 10(b) of the Exchange Act
In this episode of S&C’s Critical Insights , Christopher Viapiano, Co-Head of S&C’s Securities Litigation Group, and Litigation partners Lenny Traps and Oliver Engebretson-Schooley, discuss strategies to defend against an emerging and incr…
- Whistleblowing Developments: Key Takeaways and a Look Ahead (Part 5)
In this episode of S&C’s Critical Insights , Annie Ostrager, Co-Head of S&C’s Employment Law Group, Litigation Partner Kamil Shields and Litigation Associate Sabrina Solow, underscore key takeaways from the whistleblowing series and discus…
- Whistleblowing Developments: Proposed AI Whistleblower Protection Act and AI-Related Executive Orders (Part 4)
In this episode of S&C’s Critical Insights , Kamil Shields, a partner in S&C’s Litigation Group, Mehdi Ansari, Co-Head of the Artificial Intelligence Practice, and Litigation Associate Sabrina Solow discuss whistleblowing developments, inc…
- Whistleblowing Developments: DOJ Corporate Pilot Program, FCA Qui Tam Provision, AMLA (Part 3)
In this episode of S&C’s Critical Insights , Annie Ostrager, Co-Head of S&C’s Employment Law Group, Nic Bourtin, Head of the Criminal Defense and Investigations Group, and Litigation Associate Sabrina Solow discuss whistleblowing developme…
- Whistleblowing Developments: DOJ Antitrust Division’s Whistleblower Rewards Program (Part 2)
In this episode of S&C’s Critical Insights , Kamil Shields, a partner in S&C’s Litigation Group, Kyle Mach, a partner in S&C’s Antitrust Group, and Litigation Associate Sabrina Solow discuss the new whistleblower program established by DOJ…
- Green Tax Changes & Global Impact Under The One Big Beautiful Bill Act (Part 2)
In this episode of S&C’s Critical Insights , S&C Tax Co-Heads Isaac Wheeler and Davis Wang, along with Tax Counsel Bella Schapiro and Special Counsel Aharon Friedman, continue their discussion on The One Big Beautiful Bill Act. They dive i…
- Process and Tax Implications of The One Big Beautiful Bill Act (Part 1)
In this episode of S&C’s Critical Insights , S&C Tax Co-Heads Isaac Wheeler and Davis Wang, along with Tax Counsel Bella Schapiro and Special Counsel Aharon Friedman, discuss the background, process and tax implications of The One Big Beau…
- Whistleblowing Developments: Background and Current Landscape (Part 1)
In this episode of S&C’s Critical Insights , Annie Ostrager, Co-Head of S&C’s Employment Law Group, Litigation Partner Kamil Shields and Litigation Associate Sabrina Solow, discuss a range of whistleblowing developments. They touch on the…
- Supply Chain: An Overview, Legal Risks and Opportunities (Part 1)
In this episode of S&C’s Critical Insights , Eric Kadel and Sharon Cohen Levin, Co-Heads of S&C’s National Security Practice, Tom White, Co-Head of the Firm’s International Arbitration and Global Dispute Resolution Practice, and Litigation…
- Recent Developments in False Claims Act Cases
In this episode of S&C’s Critical Insights , Annie Ostrager, Co-Head of S&C’s Employment Law Group, and Litigation Partner Kamil Shields, discuss recent developments in False Claims Act (FCA) cases, especially in light of the current Admin…
- Trade Secrets: Strategic Considerations for Litigation (Part 5)
In this episode of S&C’s Critical Insights, Annie Ostrager, Co-Head of S&C’s Employment Law Group, Alex Gross, a partner in the Firm’s Litigation Group, and associate Sabrina Solow explore strategic considerations for a company involved in…
- Trade Secrets: A Corporate Protection Strategy (Part 4)
In this episode of S&C’s Critical Insights, Annie Ostrager, Co-Head of S&C’s Employment Law Group, Alex Gross, a partner in the Firm’s Litigation Group, and associate Sabrina Solow, discuss steps companies can take in the employment contex…
- Trade Secrets: An Interplay Between Trade Secrets and Non-Competes (Part 3)
In this episode of S&C’s Critical Insights, Annie Ostrager, Co-Head of S&C’s Employment Law Group, Alex Gross, a partner in the Firm’s Litigation Group, and associate Sabrina Solow, explore the interaction between trade secret litigation a…
- Trade Secrets: The Current Litigation Landscape (Part 2)
In this episode of S&C’s Critical Insights, Annie Ostrager, Co-Head of S&C’s Employment Law Group, Alex Gross, a partner in the Firm’s Litigation Group, and associate Sabrina Solow, focus on the current trade secret litigation landscape, i…
- Trade Secrets: An Overview and Relevant Legislation (Part 1)
In this episode of S&C’s Critical Insights , Annie Ostrager, Co-Head of S&C’s Employment Law Group, Alex Gross, a partner in the Firm’s Litigation Group, and associate Sabrina Solow, provide a background discussion on trade secrets. They e…
- Upcoming Supreme Court Argument in NVIDIA Corp. v. E. Ohman J:or Fonder AB
In this episode of S&C’s Critical Insights , Jeff Scott and Julia Malkina, Co-Heads of S&C’s Securities Litigation Practice, discuss the upcoming November 13 oral argument in NVIDIA Corp. v. E. Ohman J:or Fonder AB and the potential implic…
- Upcoming Supreme Court Argument in Facebook v. Amalgamated Bank
In this episode of S&C’s Critical Insights , Jeff Scott and Julia Malkina, Co-Heads of S&C’s Securities Litigation Practice, discuss the upcoming November 6 oral argument in Facebook v. Amalgamated Bank and its implications for companies’…
- The Impact of the FTC’s Changes to the Hart-Scott-Rodino Form
In this episode of S&C’s Critical Insights , Samantha Hynes, a partner in S&C’s Antitrust Group, and Brad Smith, special counsel in the Antitrust Group, discuss the impact of the Federal Trade Commission’s final rule that made substantial…
- The Clement Decision: Implications for Controlling Shareholders and Clarification of the Unique Benefit Principle
In this episode of S&C’s Critical Insights, S&C litigation partner John Hardiman discusses Vice Chancellor J. Travis Laster’s recent ruling in Sarah Clement v. Apollo Global Management and its implications for controlling shareholders in M…
- Lessons from the 2024 Proxy Season, Part 2
In this episode of S&C’s Critical Insights, Corporate Governance Co-Heads Marc Treviño and Melissa Sawyer and Special Counsel June Hu continue to analyze significant trends and developments that emerged from the recent U.S. annual meeting…
- Lessons from the 2024 Proxy Season, Part 1
In this episode of S&C’s Critical Insights, Corporate Governance Co-Head Marc Treviño analyzes significant trends and developments that emerged from the recent U.S. annual meeting proxy season.
- Key Takeaways for U.S. Companies Considering Cross-Border Investments
In this episode of S&C’s Critical Insights , Tony Lewis and Eric Kadel, Co-Heads of S&C’s National Security Practice, Sergio Galvis, Head of the Firm’s Latin American Practice and Inosi Nyatta, Co-Head of S&C’s Project Finance Group, discu…
- An Update on the FTC’s Non-Compete Rule, Part 2
In this episode of S&C’s Critical Insights , Annie Ostrager, Co-Head of S&C’s Employment Law Group, and Jeannette Bander, a partner in S&C’s Executive Compensation Group, provide an update on the nationwide injunction against the FTC’s non…
- Key Considerations for Boards in AI Governance
In this episode of S&C’s Critical Insights , Nader Mousavi, Co-head of S&C’s Artificial Intelligence Practice, and Jay Clayton, Senior Policy Advisor and Of Counsel to S&C, discuss key considerations for boards in their oversight of a comp…
- The New Proposed Federal Rule 16.1 and Its Implications for Multidistrict Litigation
In this episode of S&C’s Critical Insights , Bill Monahan, Head of S&C’s Products Liability & Mass Torts Group, and Shane Palmer, an associate in the Firm’s Litigation Group, examine the new proposed Rule 16.1 of the Federal Rules of Civil…
- An Update on the FTC’s Non-Compete Rule
In this episode of S&C’s Critical Insights , Annie Ostrager, Co-Head of S&C’s Labor & Employment Group, and Jeannette Bander, a partner in S&C’s Executive Compensation Group, provide an update on the FTC’s final rule containing a sweeping…
- A Discussion of Non-Compete Agreements and Their Enforceability
In this episode of S&C’s Critical Insights , Annie Ostrager, Co-Head of S&C’s Labor & Employment Group, and Jeannette Bander, a partner in S&C’s Executive Compensation Group, discussed non-compete agreements and the evolving nature of thei…
- Major Developments in National Security Enforcement, Part Three
In this episode of S&C’s Critical Insights , Sharon Cohen Levin, Craig Jones and Eric Kadel, Co-Heads of S&C’s National Security Practice, Adam Szubin, Of Counsel in S&C’s National Security Practice, and Andrew DeFilippis, Special Counsel…
- Major Developments in National Security Enforcement, Part Two
In this episode of S&C’s Critical Insights , Sharon Cohen Levin, Tony Lewis and Eric Kadel, Co-Heads of S&C’s National Security Practice, Adam Szubin, Of Counsel in S&C’s National Security Practice, and Andrew DeFilippis, Special Counsel i…
- Enforcement Actions Related to Alleged Impairment of Whistleblower Activity and New Whistleblower Programs
In this episode of S&C’s Critical Insights , Annie Ostrager, Co-Head of S&C’s Labor & Employment Group, and Kamil Shields, a partner in S&C’s Litigation Group, discussed recent developments in whistleblower enforcement investigations and n…
- Major Developments in National Security Enforcement
Ten years ago, international companies typically needed to monitor national security developments only if they were doing business with a U.S. government agency or operating in higher risk jurisdictions or sectors such as military or dual-…
- ESG Considerations for Financial Institutions in 2024
In this episode of S&C’s Critical Insights, Michelle Chen, a partner in S&C’s Financial Services Group, and June Hu, special counsel in the Firm’s General Practice Group, provide key takeaways for financial institutions as they navigate en…
- 2023 Headwinds in M&A and Outlook for 2024
In this episode of S&C’s Critical Insights , Senior M&A Partner Frank Aquila and Global Head of M&A Melissa Sawyer discuss major takeaways from M&A in 2023 and potential developments for 2024. While we avoided a recession in 2023, ongoing…
- Corporate Governance: What to Expect in 2024
In this episode of S&C’s Critical Insights , Marc Treviño and Melissa Sawyer, Co-Heads of S&C’s Corporate Governance Practice, discuss corporate governance developments and what to expect in 2024. Marc and Melissa explore the ongoing trend…
- Employment and Contracting Litigation After the Supreme Court’s Affirmative Action Decision
In this episode of S&C’s Critical Insights , Julie Jordan, Tracy Richelle High and Annie Ostrager, Co-Heads of S&C’s Labor and Employment Group, discuss the Supreme Court’s decision in two consolidated cases against Harvard and the Univers…
- The Australian-American Partnership to Address Climate Change
In this episode of S&C’s Critical Insights , Connor Schillerstrom from our Sydney office, John Anselmi from our Melbourne office and Sam Saunders from our New York office discuss how Australia and the United States are working together to…
- How the DOJ’s and FTC’s Draft Merger Guidelines May Affect M&A
In this episode of S&C’s Critical Insights, Melissa Sawyer, Global Head of S&C’s M&A Group, and Joe Matelis, a partner in S&C’s Antitrust Group, discuss how the draft merger guidelines issued by the Department of Justice and Federal Trade…
- Supreme Court’s Recent Polansky Decision on the False Claims Act
In this episode of S&C’s Critical Insights , Annie Ostrager and Tracy Richelle High, Co-Heads of S&C’s Labor & Employment Group, discuss the Supreme Court’s June 16 decision in United States ex. rel. Polansky v. Executive Health Resources…
- Recent Developments with SEC’s Whistleblowing Program
In this episode of S&C’s Critical Insights , Annie Ostrager and Tracy Richelle High, Co-Heads of S&C’s Labor & Employment Group, discuss recent developments in the Securities and Exchange Commission’s whistleblowing program. The Sarbanes-O…
- Carve-Out Transactions in Europe: Key Considerations and Recent Experiences
In this episode of S&C’s Critical Insights , associates from our London, Paris and Frankfurt offices—Costanza Posarelli, Matt Triggs, Alexis Madec and Stephan Rauch— discuss key considerations for carve-out transactions for EU and U.K. bus…
- Supreme Court’s Recent Slack Technologies Decision
In this episode of S&C’s Critical Insights , Jeff Scott and Julia Malkina, Co-Leads of S&C’s Securities Litigation Practice, discuss the Supreme Court’s June 1 decision in Slack Technologies v. Pirani and the potential implications for sec…
- U.S. Clean Energy Tax Credits: Where We Are and Where We Are Going
In this episode of S&C’s Critical Insights , Inosi Nyatta, Isaac Wheeler and Sam Saunders discuss the unanswered questions about requirements and qualifications for receiving tax credits for clean energy projects under the Inflation Reduct…
- Pharmaceutical Deal Outlook: U.S. and European Perspectives
In the webinar “Pharmaceutical Deal Outlook: U.S. and European Perspectives,” Frank Aquila, Matt Hurd, Carsten Berrar, Olivier de Vilmorin and Jeremy Kutner discuss the outlook for M&A deals in the sector. The group of partners, who came t…
- Implications of EU Court of Justice Judgment in the Fiat Case for Future State Aid Investigations
In this episode of S&C’s Critical Insights , Juan Rodriguez, Co-Head of S&C’s European Competition Group and the Firm’s Antitrust Group, and associate Marielena Doeding discuss the European Court of Justice’s ruling in the Fiat case and it…
- The Impact of COVID-19 on Consumer and Retail M&A
In this episode of S&C’s Critical Insights, partners Audra Cohen, Frank Aquila and Melissa Sawyer share important updates for dealmakers in the consumer and retail sector following the COVID-19 pandemic. Frank and Melissa discuss the impac…
- M&A and Deal-Making Implications of the FCPA Resource Guide, Second Edition
In this episode of S&C’s Critical Insights series, Sergio Galvis, head of the Firm’s Latin America practice, outlines best practices for companies making cross-border acquisitions in view of updates to the FCPA Resource Guide issued by the…
- French Financial Authority Proposes New Measures for Shareholder Activism
In this episode of S&C’s Critical Insights podcast series, Olivier de Vilmorin, head of the Firm’s European M&A practice, discusses the measures proposed by France’s securities regulator, the Autorité des marchés financiers (the “AMF”), co…
- Fiduciary Duty Conversations During COVID-19: Ways to Save a Business
S&C partners Jim Bromley and Andy Dietderich, the co-heads of our Global Restructuring practice, discuss strategies for boards confronting the “zone of insolvency” during the COVID-19 crisis.
- European Capital Markets Activity During COVID-19
S&C partners Carsten Berrar, Krystian Czerniecki and John Horsfield-Bradbury discuss the impact of the COVID-19 crisis on capital raising in Europe, and how issuers can adjust structures to address the current situation.