The Sidley Podcast

The Supreme Court’s recent decision in West Virginia v. EPA clips the EPA’s ability to address climate change and may fundamentally alter the administrative authority of other federal agencies to tackle big problems. As state and local governments find ways to fill the void, shareholders are demanding a response from Corporate America. How seismic is the ruling? Will it doom our efforts to address...

Private fund managers and investors are on high alert as the U.S. Securities and Exchange Commission (SEC) proposes an aggressive new regulatory agenda. Its new draft rules have been described as a “sea change” and are intended to enhance regulation and protect investors in private funds. But do those investors need or want this protection? What are the broader policy issues? And what should fund...

Finance is finally catching up with the environmental movement. Green bonds, which are debt raised by companies whose proceeds are used for environmentally beneficial purposes, are all the rage. More of them are being sold than ever before. But not all green products are equal, and the politics and regulation are complex. Why are investors buying in? What are the compliance challenges, and what ar...

New structures, new rules?  Delaware’s Chancery Court provides guidance on disclosure, conflicts, and risk allocation. We take a look at the latest Delaware rulings and what they say about SPAC directors' fiduciary duty, as well as COVID’s effect on M&A deals, and how corporations and boards can mitigate their liability. Join host and Sidley partner, Sam Gandhi , as he speaks with two of...

Momentum on climate action is unstoppable. Investors, businesses, and the public are demanding policymakers get serious about reducing emissions. Legislation from the U.S. and EU offers challenges and incentives for businesses worldwide. How will these proposed laws impact companies, and importantly, can they deliver on the promise of making tangible progress in the fight against climate change? ...

It’s not just “varsity blues.” Universities are facing different kinds of crises than they ever imagined before, from COVID and Title IX to sports scandals and cyber breaches. As these institutions find themselves in legal and political crosshairs, their legal counsel are called on to mitigate and even preempt potential disaster. How do they plan and execute these strategies, and what makes univer...

Life is getting harder for boards of directors of public companies. Increased scrutiny of companies — particularly in heavily regulated industries — has led to greater risk of criminal and civil liability. And recent Delaware cases have ratcheted up the pressure, allowing lawsuits to proceed against boards for failure of oversight. What should directors know about their oversight responsibilities?...

Recent events have given the term “corporate crisis” a whole new meaning. From cyberattacks and pandemic disruptions to political divisions and tweets that go viral, companies are being challenged in ways they never have before. How should they respond in a fast-moving crisis? How can they identify risks and mitigate them? And who should execute their strategy? Our latest episode of The Sidley Pod...

Three COVID-19 vaccines are now authorized for use in the U.S., and more than half of all U.S. adults have received at least one shot. The push for vaccinations is raising ethical and legal questions. Can private employers mandate vaccinations for their workers? What are the ramifications if they do? How should businesses navigate federal and state requirements? Our latest episode of The Sidley Po...

Special purpose acquisition companies (SPACs) have raised more money in the first quarter of this year than they did in all of last year. And 2020 was already being labeled “The Year of the SPAC,” with hundreds launched. Now, more and more sponsors are stepping up. Why are SPACs so hot, and how have they evolved from their origins in the ‘90s? What are their risks, and where can we find new opport...

Impeachment is behind us, and President Joe Biden is working to bring to fruition an ambitious agenda. Georgia’s voters gave Democrats a 50/50 Senate, with Vice President Kamala Harris as the tie-breaker. Now comes the hard part — getting things done. From COVID-19 relief to infrastructure to immigration, how much of the Biden agenda can make it through a still-divided Congress? What does it all m...

It’s proxy season, and for most companies, the time for annual meetings is just around the bend. Publicly traded companies are coming off a tumultuous year. The link between corporation and community has never been more at the forefront — from COVID-19 to racial justice to worker treatment. And businesses are facing activist pressure. How should they navigate this complex environment? Our latest e...

 Brexit is finally here. It’s been four and a half years since citizens of the United Kingdom voted to leave the European Union. A deal has been struck, and the UK is out. Companies worldwide are still asking questions. What laws now apply in the UK? Are investment and trade easier — or does bureaucracy reign? And what opportunities exist amid the uncertainty? Our latest episode of The Sidley Podc...

The Supreme Court of the United States has been transformed with the passing of Justice Ruth Bader Ginsburg and the confirmation of Justice Amy Coney Barrett. These events shift the high court further to the right. What will this mean for President-elect Joe Biden’s agenda? How will the new court rule on business cases? What are the cases to watch in 2021? Our latest episode of The Sidley Podcast...

The voters have spoken. A Biden administration waits in the wings and could soon pursue an agenda that could change the way companies are regulated and the way they do business. How will the new administration respond to COVID-19, and which companies should now worry about being investigated? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidl...

As the presidential election looms, a new report by the House Judiciary Committee’s Antitrust Subcommittee is taking aim at giant technology companies. It charges that these once-underdog startups have been transformed into monopolies, and proposes changes to antitrust law that could lead to the breakup of these companies. How has antitrust evolved, and where is it going? Is this the dawn of a new...

Volatile stock markets are creating more opportunities for insider trading. As U.S. businesses try to return to normal amid COVID-19, the SEC is ramping up its response to potential securities violations. In the UK, the Financial Conduct Authority is warning companies to further protect inside information. How has enforcement of insider trading changed, and how can companies mitigate their risks?...

The classic yellow school bus is turning green. Electric buses may continue to grow in popularity, and the so-called “vehicle-to-grid” technology enables the new buses both to store and draw power. Yet, there is a state-versus-federal regulatory battle that could stifle this innovation. Who can benefit from this technology, and how can companies, utilities, and school districts navigate the opport...

The COVID-19 pandemic poses unprecedented challenges for businesses and their boards of directors. One of the critical matters boards always contend with is the threat of shareholder activism. Now, there is increased scrutiny of how well boards are managing the COVID-19 crisis. How are activists responding, and how can companies plan and react effectively? Our latest episode of The Sidley Podcast...

Two distinct and important trends have emerged in the COVID-19 era for businesses and their boards. Corporate social responsibility and expanding concerns about social justice have become amplified amid the pandemic. Added to this is that investors and Delaware courts are focusing on the role of boards of directors in oversight. The courts are now allowing claims for failures in oversight to be li...

The COVID-19 pandemic poses unprecedented challenges for employers. Businesses must walk the line between keeping workers safe and respecting their privacy. How do employers ensure a safe and healthy workplace? And how do they manage layoffs, furloughs and benefits in this rapidly deteriorating economic environment? Our latest episode of The Sidley Podcast grapples with those questions and many ot...

The cannabis business is booming. Social acceptance of marijuana has led jurisdictions to legalize its sale and use for both medicinal and recreational reasons. Companies see enormous business opportunities in it. But marijuana is still illegal under federal law. And the political landscape about its regulation is complicated. What should companies know about the opportunities and risks to partici...

Life sciences companies are rushing to find ways to diagnose, prevent and treat the COVID-19 virus. They face legal challenges, from regulatory oversight to supply chain disruption and product liability. What are the opportunities in trying to solve the COVID-19 virus puzzle? And how do these global innovators handle the risks? Our latest episode of The Sidley Podcast grapples with those questions...

The COVID-19 virus is spreading around the world and is officially a pandemic. With global markets falling to their lowest since the financial crisis, fears of a recession have increased. As companies scramble to deal with this rapidly evolving and dangerous reality, how do boards of directors react? How do they navigate an M&A transaction or avoid litigation? Our latest episode of The Sidley...

Just as the coronavirus  (COVID-19) has the whole world in crisis, an oil price war is now further roiling global markets and the business world. These seismic events raise substantial legal issues for the energy industry. What is the impact on energy market participants? How can businesses navigate the storm? Our latest episode of The Sidley Podcast grapples with those questions and many others....