MoFo Perspectives Podcast

In the first episode of MoFo Competition, co-chair Lisa Phelan and partners Megan Gerking, Bonnie Lau, and Penny Preovolos of MoFo’s Global Antitrust Law Practice Group, discuss and identify critical antitrust developments, forecast key trends you can expect to see in 2022, and offer timely tips on how best to mitigate antitrust risk.

The alarming rise in cybersecurity attacks in 2021 has raised risk mitigation stakes to a new level for boards. In this episode of MoFo’s Above Board podcast, host, co-chair of MoFo’s Corporate Finance | Capital Markets practice, and former Chief Counsel of the SEC’s Division of Corporation Finance Dave Lynn speaks with Alex Iftimie, co-chair of MoFo’s Global Risk and Crisis Management group, and Brandon Van Grack, who also co-chairs the group and serves as co-chair of the firm’s National Security practice.

In this episode of MoFo Perspectives, Jordan Eth, co-chair of the Securities Litigation, Enforcement, and White Collar Defense Group, speaks with securities litigation partner Christin Hill about some of their recent victories and the latest developments in securities law. The two also discuss Christin’s professional journey from working as an associate in private practice, to working in-house at Uber Technologies, Inc., and ultimately to joining MoFo, where she now represents public and pre-IPO companies and their boards of directors and officers in securities fraud actions, derivative actions, SEC enforcement actions, internal investigations, and general corporate counseling.

In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Arden Phillips, Vice President, General Counsel and Chief Compliance Officer of Tahzoo, a global user experience consultancy that provides digital content solutions to Fortune 500 clients, on corporate governance and board-related topics raised by BlackRock’s recently-issued 2021 stewardship report.

Howard Morris, Amrit Khosa, and Jai Mudhar discuss the Part 26A restructuring plan and the legal developments that have unfolded since its introduction.

In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Megan Gerking, Washington, D.C.-based partner and former trial attorney in the DOJ’s Antitrust Division, on the potential watershed moment in antitrust enforcement as we know it today. In this rapidly evolving regulatory landscape, it is important for boards of directors to recognize the benefits of a comprehensive antitrust compliance program. Further, as companies expand their focus on environmental, social and governance matters, boards and management must be particularly cognizant of antitrust compliance considerations.

James Koukios speaks with Alex Okuliar and David Shaw about what to expect in antitrust enforcement under the Biden administration.

In this special pro bono episode of MoFo Perspectives, MoFo associates Spencer McManus and Karen Leung speak with partner Derek Foran and National Abortion Federation (NAF) Chief Program Officer Melissa Fowler about their long, hard-fought legal battle to prevent the release of a smear campaign against abortion providers by anti-abortion extremists.

James Koukios speaks with Gareth Rees QC and Hayley Ichilcik about what to expect in UK enforcement under the Biden administration.

In this special pro bono episode of MoFo Perspectives, we take a deep dive into two important cases MoFo is involved with regarding Title IX, the federal civil rights law prohibiting sex discrimination in federally funded educational programs or activities. Associate Caitlin Crujido, moderates this discussion, speaking with partner Natalie Fleming Nolen about her case challenging newer regulations set in place by the previous administration that rolled back certain protections under the law, and changed how schools respond to sexual harassment and sexual assault. Partner Christine Wong speaks about the amicus brief her team filed in support of a woman athlete who was unfairly punished by her school because of a rude gesture she made while celebrating a team victory. Senior counsel at Equal Rights Advocates, Brenda Adams, also joins this discussion to talk about how her organization is making strides when it comes to ensuring gender equity and protecting individuals from sexual harassment and violence in the workplace and in our schools.

James Koukios speaks with Patrick Späth about what to expect in European regulation under the Biden Administration.

In this episode of MoFo Perspectives, MoFo corporate partner and blockchain co-chair Dario de Martino speaks with MoFo IP partner Joyce Liou and Stanford Law School professor and MoFo of counsel Paul Goldstein about the emerging popularity of NFTs and the IP issues raised by them.

In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Alfredo (“Fredo”) Silva, San Francisco partner and co-chair of the firm’s Social Enterprise and Impact Investing Group, on the SEC’s possible future implementation of a global framework for climate disclosures and the potential ESG disclosure implications for public companies. Fredo and Dave touch on why the SEC has recently sought input on implementing a framework for climate change disclosures and formed a Climate and ESG Task Force, the guidance and rules already in effect, and what public companies and their boards of directors should be thinking about with respect to climate and ESG disclosure.

James Koukios speaks with Dave Lynn about what to expect in SEC regulation under the Biden Administration.

James Koukios speaks with Ruti Smithline about what to expect in Latin America under the Biden Administration.

In this episode of Above Board, Morrison & Foerster partner Dave Lynn speaks with Jina Choi, San Francisco partner and former director of the SEC’s San Francisco Regional Office about 10b5-1 Plans. Jina discusses what these plans are, how they get implemented, and how they are intended to mitigate against the risk of insider trading. Dave and Jina examine the criticisms of 10b5-1 plans and why the SEC may be looking into abuse allegations. Jina also gives valuable advice on what boards should be monitoring in relation to 10b5-1 plans.

James Koukios speaks with Brandon Van Grack about what to expect in the National Security space under the Biden Administration.

James Koukios speaks with Brian Kidd and Alex Ward about what to expect in the False Claims Act (FCA) space under the new Biden Administration.

In this latest MoFo Perspectives podcast, MoFo appellate co-chairs Deanne Maynard and Joe Palmore speak on why the Biden Administration might change the government’s positions before the Supreme Court—and why it might not.

In this episode of the Above Board podcast, San Francisco-based securities litigation partner Mark R.S. Foster describes an issue that more and more boards are facing: how to best manage inspection demands from shareholders. Which shareholders can make these demands, which are expensive and risky for the recipient company? Can shareholders make the demand for any reason? What are the best practices for responding to an inspection demand?

In this episode Mike Ward, head of the firm’s Life Sciences group, discusses how the availability of the COVID-19 vaccine may impact the workforce, including compliance requirements, employer/employee rights, with Janie Schulman, employment and labor partner and key member of the firm’s COVID-19 task force.

James Koukios speaks with Alex Iftimie and Julie O’Neill about what to expect in the Privacy and Cybersecurity space under the upcoming Biden Administration.

James Koukios speaks with Tim Blakely, Dan Levison, and Chen Zhu about what to expect from U.S. enforcement in Asia under the upcoming Biden Administration.

James Koukios speaks with Carrie Cohen and Megan Gerking about what to expect from State Attorneys General Offices under the upcoming Biden Administration.

In this episode of Above Board, Morrison & Foerster partner Dave Lynn speaks with James Koukios and Chuck Duross, heads of the firm’s FCPA and Global Anti-corruption practice, about the Department of Justice’s revised guidance on the evaluation of corporate compliance programs.

James Koukios speaks with John Smith about what to expect from OFAC (Office of Foreign Assets Control) under the upcoming Biden Administration.

James Koukios speaks with Josh Hill and Christine Wong about what to expect from US Attorney’s Offices under the upcoming Biden Administration.

James Koukios speaks with Chuck Duross about what to expect in the FCPA (Foreign Corrupt Practices Act) space under the upcoming Biden Administration.

James Koukios speaks with Carrie Cohen and Chip Loewenson about what to expect from the SDNY (Southern District of New York) under the upcoming Biden Administration.

James Koukios speaks with Michael Birnbaum, Jina Choi and Haima Marlier about what to expect from the SEC under the upcoming Biden Administration.

James Koukios speaks with Megan Gerking and Lisa Phelan about what to expect in the Antitrust space under the upcoming Biden Administration.

In this episode of the Above Board podcast, Morrison & Foerster partner Dave Lynn speaks with Miriam Wugmeister, co-chair of MoFo’s preeminent Global Privacy and Data Security Group, and John Carlin, chair of the firm’s Global Risk and Crisis Management practice group, about directors’ roles in maintaining their companies’ cybersecurity, and mitigating the damage caused by a cybersecurity incident.

In this episode Mike Ward, head of the firm’s Life Sciences group, discusses the path toward a therapy for COVID-19 focusing on the science with Janet Xiao, and on legal considerations including regulatory with Bethany Hills; and commercial transactions with Rufus Pichler.

In this latest MoFo Perspectives podcast, MoFo litigation partners Arturo González and Alexis Amezcua address some of the greatest challenges that lawyers, judges, and juries face as trials go virtual during the Coronavirus pandemic and the importance of keeping them moving forward.

In this episode Mike Ward, head of the firm’s Life Sciences group, discusses the path toward a vaccine for COVID-19 focusing on the science with Otis Littlefield, and on legal considerations including regulatory with Bethany Hills; and commercial transactions with Rufus Pichler.

In this episode of the Above Board podcast, Dave Lynn, a Washington, D.C.-based partner at Morrison & Foerster, speaks with Jackie Liu and Alexa Belonick, partners based in the firm’s San Francisco office, about a law requiring companies headquartered in California to have a certain number of board members from underrepresented communities.

In this episode Mike Ward, head of the firm’s Life Sciences group, discusses applying AI and data science to the fight against COVID-19 focusing on the science with Jean Nguyen, and on legal considerations including privacy and data security with Kristen Mathews; regulatory with Bethany Hills; and commercial transactions with Matt Karlyn.

In this episode of Impactful Conversations, Michael Santos, a social enterprise and impact investing associate in Morrison & Foerster’s San Francisco office, interviews Bulbul Gupta, the president and CEO of Pacific Community Ventures (PCV), a Community Development Financial Institutions (CDFI) fund based in Oakland, California.

In this episode Mike Ward, head of the firm’s Life Sciences group, discusses the unique aspects of the health crisis on the science, with Jim Mullen; the regulatory framework, with Bethany Hills; the commercial transactions, with Matt Karlyn; and the privacy and data security considerations with Kristen Mathews.

In this episode of Impactful Conversations, Susan Mac Cormac, the chair of MoFo’s Energy and Social Enterprise and Impact Investing practices, interviews Andrew Macintosh, the COO and CFO of the March Fund—a tech fund focused on the development of food and health solutions that support the sustainable food supply chain and optimize health outcomes. Andrew speaks to Susan about the March Fund’s identification and measurement of key variables that can drive impact and returns, the role intellectual property plays when the March Fund is choosing companies to invest in, and the advice he has for companies that really want to make an impact in the food space.

In this MoFo Perspectives podcast, litigation partner Alexis Amezcua speaks with trial titan Arturo González about his extensive experience handling civil rights cases involving police misconduct, the policy reforms that have resulted from those cases, and what he thinks needs to happen to establish true equality in the eyes of the law.

In this episode of Impactful Conversations, Shai Kalansky, a San Diego-based associate in Morrison & Foerster’s Social Enterprise and Impact Investing Group, interviews Scott Jacobs, the CEO and co-founder of Generate Capital, a leading sustainable infrastructure platform, delivering affordable, reliable resource solutions to companies, communities, and cities. Shai and Scott discuss, among other things, why Scott is focused on infrastructure as opposed to individual inventions as a means of changing the productivity equation, and how the elements necessary to create value in sustainability differ from the elements necessary to create value in tech.

In this episode of MoFo Perspectives, MoFo partner and Coronavirus (COVID-19) Task Force head David Newman speaks with fellow partners and task force members Miriam Wugmeister, Janie Schulman, and Eric McCrath, to discuss the latest findings in the firm’s Impact Survey: COVID-19 and Easing of Stay-at-Home Orders. During their conversation, David, Miriam, Janie, and Eric discuss important new findings in the report, including deeper insights into the areas of privacy & data security, employment and labor, mergers and acquisitions (M&A), and financial transactions, among others. The MoFo Task Force members offer their insights on these and other key issues to help clients understand how the next stages of the global COVID-19 pandemic will impact their businesses in the immediate and long-term.

In this episode of Impactful Conversations, Michael Santos, a social-enterprise- and impact-investing associate in Morrison & Foerster’s San Francisco office, interviews Rodney Foxworth, the CEO of Common Future. Based in Oakland, California, Common Future tackles wealth inequality nation-wide by focusing on the needs of communities that have been the most negatively impacted by injustice, extraction, and exploitation. To address the wealth gap, Rodney and Common Future are committed to confronting the structural oppression that leaves many communities out by shifting capital towards community investment. Common Future envisions an economy owned by people of all races and ethnicities. Rodney believes in having communities assume a position “as not just a stakeholder but as a literal shareholder that is able to voice an opinion, has a vote, and is able to influence and determine what types of businesses and enterprises and economic development projects are invested in,” says Rodney. “That is power.”

In this episode of Impactful Conversations as a part of MoFo Perspectives, Jesse Finfrock, a San Francisco-based associate in Morrison & Foerster’s Social Enterprise and Impact Investing Group, meets with Ken Doctor, the founder of Lookout Local, to discuss how he has incorporated Lookout Local’s mission into its corporate form in electing to become a Public Benefit Corporation (PBC). A PBC requires balancing the traditional fiduciary duties owed to stockholders with the social or environmental benefit that is written into the corporation’s charter documents. In this case, Lookout Local’s mission is to provide the news and information needs for the local communities it serves. “The main thing I want to do is change the conversation and repopulate these news deserts,” says Ken Doctor, so finding a corporate form that embraced his company’s values was the first step.

In this special shelter-in-place edition of “Impactful Conversations” podcast, MoFo fund-formation lawyer Sean Byrne interviews Buckhill Capital General Partner Henrik Jones about collaborating with MoFo to create a new investment term, the Carried Interest by Verified Impact Calculations (CIVIC). The CIVIC links a fund’s carried interest to quantifiable impact metrics, and thus has the potential to create billions of dollars of incentives for institutional investment managers to pursue impact goals alongside financial returns. This project is a finalist for NYU’s Grunin Prize for Social Entrepreneurship.

Gareth Rees QC and Howard Morris discuss critical steps corporate senior management must consider now with regulators circling to pass judgement.

London Lawyers Alistair Maughan and Edward Downer share, explore and discuss the current issues faced by our clients during the COVID-19 Pandemic. This soundbite covers trends and reoccurring questions from our clients, from fundamental business considerations, such as cash flow, to duties as directors and governmental relief. This pragmatic and informative discussion is designed to help our clients navigate the months ahead. It’s an easy listen of substantial and practical value.