MoFo Perspectives Podcast

There is a growing interest in ESG-driven investments amongst Asia fund managers, with every respondent to Our Asia Funds ESG Survey 2022 stating that they take ESG criteria into account on investment decisions. However, there is a mismatch between ESG words and deeds in Asia, with many fund managers having investment policies in place that do not necessarily translate into action. This mismatch b...

It has been just over two years since the UK officially exited the EU and we are beginning to see how the UK and the UK Information Commissioner’s Office (ICO) intend to differentiate themselves from the EU approach to restricted transfers (i.e., transfers of personal information to countries that are not recognized as “adequate” for data protection purposes). The changes do not indicate a giant l...

In the first episode of this two-part MoFo Perspectives podcast, MoFo Global Antitrust co-chair Lisa Phelan and of counsel Rob Manoso speak with Employment & Labor partner Andrew Turnbull, along with special guest Matt Bester, Director of Competition Law at Accenture, to discuss the current and emerging trends between antitrust and employment law. Our panel of experts will explore the major develo...

In the second episode of this two-part MoFo Perspectives podcast, MoFo Global Antitrust co-chair Lisa Phelan and of counsel Rob Manoso speak with Employment & Labor partner Andrew Turnbull, along with special guest Matt Bester, Director of Competition Law at Accenture, to discuss the current and emerging trends between antitrust and employment law. In this part, you can look forward to a deeper di...

In this episode of the Above Board podcast, partner and host Dave Lynn speaks with Miriam Wugmeister, partner and co-chair of Morrison Foerster’s Global Privacy and Data Security Group, and Jackie Liu, a partner in Morrison Foerster’s Corporate Governance practice and a member of the Board of Directors of public company CEVA, Inc. They address the questions that a board should ask after a data bre...

The fifth episode in this series focuses on “navigating crosswinds while continuing to advance sustainability,” with Aron Cramer, President and CEO of BSR, interviewing Ken Mehlman, Partner, Global Head of Public Affairs and Co-Head of KKR Global Impact. Ken will provide insights on how businesses are navigating the current economic and political crosswinds and staying focused on the fundamental r...

Diversity, equity and inclusion (DE&I) is gaining traction, but for now, only a minority of GPs seem to be taking genuine action on DE&I concerns. Our Asia Funds ESG Survey 2022 shows that 88% of funds communicate DE&I policies internally, but only 33% have made a financial commitment to DE&I and with only 50% saying they are committed to diverse representation among their leaders. In some cases f...

The fourth episode in our series focused on “implementation of sustainability-related disclosure standards” with Suz Mac Cormac interviewing Janine Guillot, Special Advisor to the International Sustainability Standards Board (ISSB) at the International Financial Reporting Standards (IFRS) Foundation.

As firms increasingly embrace ESG parameters as part of investment considerations, the importance of investment professional alignment with ESG objectives is featuring prominently in ESG conversations. One of the ways to ensure alignment is by linking compensation to ESG KPIs. Based on our survey findings, only 14% of the funds surveyed tied investment team compensation to ESG performance and 12%...

Our survey findings reveal that many Asia-based fund managers are at an early stage of their ESG journey. Many have policies in place, but these may not be embedded in operations and decision‑making. This is potentially dangerous as Asia fund managers will increasingly be at risk of accusations of “greenwashing,” the same criticism applied to many businesses and investors in Europe and the United...

In the U.S., EU, and UK, there is a growing expectation for companies and funds to extend ESG due diligence throughout their global supply chains.

Recent extreme weather events have further raised global awareness of climate and environmental issues, concerns that will top the agenda at COP27 and other upcoming climate summits.

The third episode in our series focused on “delivering an authentic approach to sustainability” with Aron Cramer, President and CEO of BSR, interviewing Rose Stuckey Kirk, the Chief Corporate Social Responsibility Officer at Verizon. Rose provided insights on how she provides values-based leadership to address social needs in a way that enhances and leverages Verizon’s business. She spoke about he...

In this episode of MoFo Perspectives, Morrison Foerster partner and co-chair of the firm’s Global Privacy & Data Security practice Alex van der Wolk speaks with associate Whitney Lee about her pro bono work with CYREIN, The Cyberstalking Resource Initiative. Whitney founded CYREIN in 2018 to support victims of cyberstalking and cyber harassment after graduating from law school.

After several years of negotiation following the invalidation of the Privacy Shield by the European Court of Justice (CJEU), on October 7, the president signed an Executive Order, and the attorney general issued regulations, implementing the agreement between the U.S. and the EU announced earlier this year to replace the Privacy Shield framework. The European Commission (EC) has issued a statement...

In this episode of the Above Board podcast, partner and host Dave Lynn speaks with Miriam Wugmeister, partner and co-chair of Morrison Foerster’s Global Privacy and Data Security Group, and Alex Iftimie, partner and co-chair of the firm’s Global Risk and Crisis Management Group, on cybersecurity exposure preparedness for board members.

The second episode in our series focused on “climate beyond compliance” with Suz Mac Cormac, interviewing Tim Mohin, a globally recognized sustainability and ESG executive. The discussion focused on the coming obligations for ESG (specifically climate) disclosures and how companies can prepare. As companies and investors consider how to measure, benchmark, and report on their ESG initiatives on a...

In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn speaks with partners James Koukios, former DOJ prosecutor and Senior Deputy Chief of the Criminal Division’s Fraud Section in Washington, D.C., and Stacey Sprenkel, a skilled investigations attorney with decades of experience conducting corporate internal investigations and global risk assessments, on the impo...

The first episode in our series focused on how companies and investors can distinguish between “ESG activities and true impact” with MoFo and BSR in a discussion on the importance of building real business solutions that offer the biggest opportunities for meaningful change. The discussion offered insights on how companies can act holistically to create change, not just on their own but also by wo...

In this episode of MoFo Perspectives, MoFo Antitrust partners Megan Gerking and David Shaw speak with MoFo ESG Practice Group chair Susan Mac Cormac and UC Davis Acting Professor Amelia Miazad to discuss the strong movement toward increased corporate social responsibilities—with a specific focus on environmental, social, and corporate governance (ESG) issues. Our panel of experts examines the curr...

In the first episode of this two-part MoFo Perspectives podcast, Morrison Foerster Global Antitrust attorneys Bonnie Lau and Joseph Charles Folio speak with Kevin Mullen of the Government Contracts and Public Procurement group, to discuss the DOJ’s new enforcement initiative surrounding government procurement – and share the types of red flag conduct you and your company need to know.

In the second episode of this two-part MoFo Perspectives podcast, Morrison Foerster Global Antitrust attorneys Bonnie Lau and Joseph Charles Folio and Kevin Mullen of the Government Contracts & Public Procurement Group discuss potential criminal and civil penalties and exposure that contractors could face for antitrust violations. Our attorneys provide proactive steps you can take to improve compl...

In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Fredo Silva, San Francisco-based partner and co-chair of the firm’s Social Enterprise and Impact Investing practice, about the latest developments with regard to ESG disclosures for public companies, including voluntary disclosure developments and the SEC’s proposed disclosure requirements for cl...

In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with partners Alex Iftimie and Haima Marlier, who formerly served in senior counsel roles at the U.S. DOJ and SEC, respectively, on new initiatives to require disclosure and reporting of cybersecurity incidents against the backdrop of a heightened threat environment for cybersecurity risks. The discus...

In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with John E. Smith, Washington, D.C.-based co-head of Morrison & Foerster’s National Security practice and former Director of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), about what boards of directors and companies should be focused on as the U.S. and other nations announce...