MoFo Perspectives Podcast

Ahead of the 2025 NATO Summit, hosts Lokke Moerel and Alex van der Wolk speak with top experts and policymakers about hybrid threats, strategic defense, and the shifting digital battlefield.

Brandon Van Grack, former senior official at the U.S. Department of Justice and chair of MoFo's Global National Security practice, joins our hosts to explore the seismic impact of the Trump administration on U.S. foreign policy and security. Bringing over a decade of experience monitoring national security threats in China and Russia, Brandon takes us through top-of-mind issues: from cyber offensive actions and NATO military command to tariffs, export controls, and sanctions. How aligned are U.S. and EU interests today? How should international businesses navigate?

When Your Life Sciences Are on the Line: False Claims Act by Morrison & Foerster LLP (MoFo)

State attorneys general (State AGs) are becoming increasingly active in the realm of antitrust enforcement, focusing on mergers, monopolization, and ESG-related cases. In recent years, state AGs have taken assertive roles in challenging major mergers, such as JetBlue's attempted acquisition of Spirit Airlines and Kroger's attempted acquisition of Albertsons. These actions highlight a trend of state AGs bringing their own cases in state courts, sometimes parallel to federal enforcement efforts. State AGs have also been at the forefront of monopolization cases, particularly against big tech companies, and have challenged algorithmic pricing and data sharing arrangements. Additionally, ESG-related antitrust actions have emerged, with red state AGs investigating financial institutions supporting environmentally conscious investing. In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Megan Gerking, partner in the firm's global Antitrust Law practice, discuss the current state of antitrust enforcement by state AGs and what to expect in 2025. They explore the potential for state AGs to continue active participation in merger and conduct investigations, possibly filling perceived gaps in federal enforcement under the new Trump administration. Listen to the episode to gain a deeper understanding of the future of state AG enforcement in the antitrust arena.

The 21st episode in this series focuses on “Decoding the EU Omnibus Legislation in Sustainability and Governance,” featuring Aron Cramer, President and CEO, BSR; Christine Diamente, Managing Director of Transformation, BSR; and Paloma Muñoz Quick, Director of Human Rights Standards, BSR. They were in conversation with Susan Mac Cormac, co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo. Suz, Aron, Christine, and Paloma unpacked the complexities of the Omnibus legislation, which is shaping the future of sustainability and corporate governance on a global scale. Their discussion also delved into the regulatory landscape, key implications for businesses, and how organizations can adapt to these comprehensive sustainability standards.

In the realm of False Claims Act (FCA) enforcement, state attorneys general (AGs) are increasingly collaborating with federal authorities and fellow state AGs to address allegedly fraudulent activities. Companies operating across multiple states are under heightened scrutiny, particularly in the healthcare sector, where compliance with regulations is critical. The United States Department of Justice (DOJ) highlighted this collaboration with state AGs in its announcement of FCA recoveries last year, noting that DOJ is working closely with state AGs to recover funds for both federal and state Medicaid programs. There also has been increased coordination targeting third-party investors, such as private equity and venture capital firms, to ensure that they conduct thorough due diligence and maintain robust compliance programs when investing in healthcare companies. This increased coordination aims to hold all parties accountable, from healthcare providers to their financial backers, in preventing and addressing alleged fraud. In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Adam Braverman, a partner in the Investigations + White Collar Defense Group, examine the current dynamics of state AG enforcement under the FCA. They explore the implications of multijurisdictional investigations and the growing involvement of third-party investors in healthcare fraud cases. Their discussion provides valuable insights for companies navigating these complex legal challenges, highlighting the importance of proactive compliance measures and strategic responses to enforcement actions. Tune in to the podcast to gain a deeper understanding of the future of state AG enforcement in the FCA arena. MoForecast is a podcast series discussing enforcement and policy trends we can expect from the new presidential administration. This episode continues our focus on state AGs, which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.

As the Consumer Financial Protection Bureau (CFPB) faces uncertainty, state attorneys general (state AGs) are poised to fill the enforcement gap in consumer financial protection. With the CFPB's future in question, state AGs are expected to intensify their focus on consumer protection laws, particularly in areas such as lending, credit, and alternative financial products. This shift will likely impact companies operating in the financial services sector, as state AGs leverage their broad jurisdictional powers to address practices they deem harmful to consumers. In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Maria Earley, former CFPB enforcement attorney and member of the Financial Services Group, delve into state AG enforcement of consumer financial protection. They discuss the anticipated areas of focus for state AGs, including the regulation of Fintech partnerships and alternative credit products. Their conversation offers critical insights for companies facing these regulatory challenges, emphasizing the importance of monitoring consumer complaints and maintaining compliance with state laws. Tune in to the podcast to gain a deeper understanding of the future of state AG enforcement in consumer financial protection.

As we continue into 2025, state attorneys general (AGs) will play a pivotal role in shaping environmental policy and enforcement. With anticipated resistance to environmental regulation rollbacks and a continued focus on climate change litigation, understanding these trends is crucial to manage risk and ensure compliance. In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Bill Tarantino, leader of MoFo's global Environmental practice, discuss predicted trends in state AG environmental enforcement for 2025. They explore the differing priorities between Democratic and Republican AGs, with Democratic AGs likely pursuing aggressive climate policies, while Republican AGs focus on challenging regulatory overreach and emphasizing fiduciary duties in ESG practices. Despite these differences, bipartisan efforts are expected to address critical public health issues such as clean drinking water, with a particular focus on lead and PFAS chemicals. These trends also highlight the importance of staying informed and prepared for the challenges and opportunities that lie ahead.

The 20th episode in this series focuses on “The Rise of Climate Litigation,” featuring Michael Gerrard, Professor, Founder, and Faculty Director of the Sabin Center for Climate Change Law, in conversation with William F. Tarantino, partner in the Climate Change and Environmental Litigation + Regulatory practices at MoFo.

In this episode of the Above Board podcast, hosts Scott Lesmes and Haima Marlier are joined by Morrison Foerster partners and legal advisors to leading artificial intelligence (AI) companies Marian Waldmann Agarwal and Justin Haan to discuss the evolving governance, legal, and ethical landscape surrounding AI. Marian, co-lead of the firm's AI Group, and Justin, a member of the AI Industry Committee, provide insight into how companies can implement AI governance frameworks, balance innovation with risk management, and navigate emerging regulations. They explore key considerations for boards, including ethical AI use, regulatory compliance, intellectual property risks, and the importance of ongoing assessments of AI tools. The conversation also looks ahead to the next frontier in AI regulation, including the rise of AI-powered agents and the need for robust oversight mechanisms.

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm's Investigations + White Collar Defense Group, hosted the eighth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.

Morrison Foerster partner Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, spoke with Edward Imperatore, a partner in MoFo's Investigations + White Collar Defense Group, for an episode of MoForecast, a podcast series discussing enforcement and policy trends we can expect from the upcoming administration. This episode continues our focus on state attorneys general (state AGs), which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement. In this episode, Carrie and Ed discuss the evolving landscape of securities enforcement by state AGs, highlighting the broad mandate and sweeping authority that state AGs possess under state blue sky laws. They examine key areas of focus for state AGs, including digital assets, artificial intelligence (AI), and traditional securities fraud, where significant enforcement actions were seen in 2024. The conversation also explores the potential impact of the change in presidential administration on state AG priorities. They conclude this episode by sharing their enforcement predictions for 2025, noting their expectation of robust securities enforcement continuing, with an uptick in state enforcement.

The 19th episode in this series focused on “ESG Insights from 2024 and What's Next for 2025,” featuring María Mendiluce, CEO at We Mean Business Coalition, and Aron Cramer, President and CEO at BSR, in conversation with Susan H. Mac Cormac, Co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo.

Morrison Foerster partner Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, spoke with Christine Wong, a partner in MoFo's Investigations + White Collar Defense Group, for an episode of MoForecast, a podcast series discussing enforcement and policy trends we can expect from the upcoming administration. This episode continues our focus on state attorneys general (state AGs), which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement. In this episode, Carrie and Christine share insights on consumer fraud and the power state AGs have to enforce consumer fraud protection statutes to protect citizens of their state from fraud, waste, and abuse. Together they discuss the various types of conduct state AGs pursued in 2024, such as robocalling, fraudulent charities, and healthcare fraud, and highlight the increased focus on social media platforms, particularly regarding children's online safety and privacy, and the use of traditional deceptive practice laws to address new technologies like AI. The conversation also touches on the enforcement of consumer protection laws against Chinese technology companies and the bipartisan nature of state AG efforts to protect citizens from perceived threats. They conclude this episode by sharing what trends they predict we'll see in state AG enforcement in 2025, including continued attention to technology companies and consumer product safety.

Faced with emerging challenges in privacy and cybersecurity, state attorneys general (AGs) are at the forefront of enforcement. Companies face increasing expectations to implement robust cybersecurity programs, promptly notify individuals affected by data breaches, and establish effective monitoring and auditing systems. As new technologies such as wearable tech, brain tech, and gaming platforms emerge, state AGs are focusing on protecting the data generated by these innovations. Additionally, there is growing concern over deepfakes, unauthorized sale of consumer data, and safeguarding children's online privacy. In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Linda Clark, member of MoFo's Privacy + Data Security Group, discuss trends and forecasts for state AG enforcement of privacy and cybersecurity. Their conversation offers key compliance takeaways for companies handling consumer data, emphasizing the importance of transparency, consumer choice, and ethical considerations. Listen to the podcast to stay informed and prepared for the future of state AG privacy and cybersecurity enforcement. MoForecast is a podcast series discussing enforcement and policy trends we can expect from the new presidential administration. This episode continues our focus on state AGs, which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.

Morrison Foerster partners Carrie H. Cohen, global co-chair of the firm's Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Brian R. Michael, member of the firm's Investigations + White Collar Defense Group and chair of the firm's Global Ethics + Compliance practice, hosted an episode of MoForecast, a podcast series discussing enforcement and policy trends we can expect from the upcoming administration. This episode begins our focus on state attorneys general (state AGs), which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.

Listen to our latest MoFounders podcast conversation. In this episode, we are joined by Emma McFerran, CEO at Lyst. Emma discusses her remarkably rare journey from training as a lawyer to becoming CEO of the world's largest fashion search platform, Lyst, and shares invaluable advice that will be relevant to founders at any stage.

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm's Investigations + White Collar Defense Group, hosted the seventh episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector. In this episode, Kate and Nate spoke with Chen Zhu, a partner in Morrison Foerster's Investigations + White Collar Defense and FCPA + Global Anti-Corruption Groups, and James Koukios, co-head of Morrison Foerster's FCPA + Global Anti-Corruption Group and former senior deputy chief of the Fraud Section at the U.S. Department of Justice (DOJ). Together, they discussed anti-corruption and Foreign Corrupt Practices Act (FCPA) considerations and enforcement concerns for life sciences companies, especially those operating in both the U.S. and China.

The 18th episode in this series focused on “Sustainability Post-Election,” featuring Anne L. Kelly, Vice President, Government Relations at Ceres, in conversation with Craig D. Martin, Co-chair of the ESG + Sustainability and Investigations + White Collar Defense practices at MoFo. Anne and Craig explored the future of pressing climate-related issues and sustainability in the context of post-election dynamics. Anne shared insights on how the United States can advance a clean energy future in the immediate months and coming years following the U.S. presidential election. Their discussion also covered critical U.S. policy action at the state and federal levels that will be needed to continue momentum for investment in climate solutions, as well as the pivotal role of the private sector in climate action and the just transition to a cleaner, more resilient economy.

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm's Investigations + White Collar Defense Group, hosted the sixth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector. In this episode, Kate and Nate spoke with Anita Choi, a partner in Morrison Foerster's Life Sciences + Healthcare and Food + Agriculture Groups, about how new developments in food product innovation and the treatment of obesity have gained attention from government enforcers and regulators. They discuss how the economic potential of cell culture technology in food production could attract attention from regulators and enforcers looking for fraudulent practices like misbranding or adulteration and also how the high demand for weight loss drugs has already fueled a black market for counterfeit medications. Kate and Nate cover recent enforcement actions by the U.S. Department of Justice and Food and Drug Administration to combat fraud and to protect consumers from dangerous products, and explore how these revolutionary technologies may be targeted for enforcement. On a lighter note, Kate, Nate, and Anita also talk about how life sciences companies can protect their intellectual property as they innovate and enter the market.

The 17th episode in this series focuses on the “Accelerating Sustainable Infrastructure Finance and Development,” with Susan H. Mac Cormac, Co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo, in conversation with Jonah Goldman, Generate's Head of External Affairs and Impact.

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fifth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector. In this episode, Nate spoke with Kaylee Cox Bankston, a partner in Morrison Foerster's Privacy + Data Security Group, about the increased focus on cybersecurity governance from regulators and enforcers, specifically what life sciences companies need to know about the new U.S. Securities and Exchange Commission (SEC) cybersecurity rules for public companies. Nate and Kaylee summarize the reactive and proactive components of the new SEC rules and how to navigate what to disclose following a cybersecurity incident, even in the uncertain early stages of an investigation. In addition to sharing how to put companies in a better position to react when something goes wrong, Nate and Kaylee addressed the recent regulatory scrutiny trends that life sciences companies can anticipate, specifically express legislation, prescriptive requirements, and personal liability for cybersecurity failures.

In this episode of the Diversity in Practice podcast, Boston partner and Latinx Affinity Network liaison, Nate Mendell, shares how his mother's influence impacted the trajectory of his legal career and helped shape his commitment to diversity and inclusion. Nate also shares his thoughts on how our differences can ultimately provide better service to our clients and how effective mentorship helps those from marginalized communities to find success.

In celebration of International Women's Day, MoFo Singapore hosted a special event titled “MoFo Celebrates Women – #InspireInclusion – An Evening in Conversation with Amanda Chong” on April 23 to discuss Amanda's work on human rights, anti-trafficking, and gender equality, all while being a successful poet and writer.

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fourth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector. In this episode, Nate spoke with Julie Park, Managing Partner of Morrison Foerster's San Diego office whose practice is focused on product lifecycle and mass torts. Julie and Nate talk about product liability risks for life sciences companies, particularly in connection with the use of artificial intelligence in medical devices. Nate and Julie also discuss potential sources of liability for companies driving these innovations, as well as strategies for avoiding unwanted scrutiny from enforcers and the plaintiffs' bar. In addition to sharing what safeguards can protect your business when bringing new technology to market, Nate and Julie address what is necessary to manage a crisis in the event that product liability litigation presents itself.

In this episode of the Above Board podcast, hosts Scott Lesmes and Haima Marlier speak with Morrison Foerster partners Carrie H. Cohen, former Assistant U.S. Attorney in the Southern District of New York and former Chief of the Public Integrity Bureau as well as serving as an Assistant Attorney General in the Civil Rights Bureau of the New York State Attorney General's Office, and Andrew Turnbull, co-head of the firm's Employment + Labor Group and DEI Strategy + Defense Task Force, about developments in diversity, equity, and inclusion (DEI) litigation and enforcement. Carrie and Andrew provide their expertise on, among other topics, the increasing attacks on corporate DEI initiatives following the U.S. Supreme Court's decision on affirmative action in college admissions and the implications of anti-DEI activists claims and state attorneys general letters urging Fortune 100 companies to reassess their DEI policies. The podcast also provides practical guidance on conducting thorough audits of DEI initiatives and maintaining compliance with evolving legal standards as well as best practices for managing corporate DEI programs amidst legal challenges and ensuring consistency in DEI communications and disclosures.

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the third episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector. In this episode, Nate spoke with David Shaw, a partner in Morrison Foerster's Global Antitrust Law Group who formerly served as deputy chief of staff and counsel to the Assistant Attorney General in the Antitrust Division of DOJ, and Eric Tate, chair of Morrison Foerster's Employment + Labor Group, about how the Federal Trade Commission's (FTC) final noncompete rule, which was issued on April 23, 2024, will impact life sciences companies. Together, they discuss the practical implications of the new noncompete rule going into effect as early as September of this year and, most importantly, how to protect your company's trade secrets without the safeguard of a noncompete. Additionally, Nate, David, and Eric explored the exceptions to the rule, such as exemptions for: senior executives with noncompetes in place before the rule goes into effect; employees selling their ownership stake in a business for sale or whose assets are for sale; and lesser restrictive covenants, including non-solicitation restrictions, NDAs, and Garden Leave.

The 15th episode in this series focuses on the “How Businesses Can Scale Action for a Nature Positive Future” with Aron Cramer, President and CEO of BSR, interviewing Eva Zabey, CEO of Business for Nature. The discussion focuses on the intersection of nature and business, including why every business needs a nature strategy and how business and finance can contribute to a nature-positive future. Eva provides insights on the latest developments in business and nature, as well as on how businesses can effectively create credible business action plans and help drive ambitious policies to achieve a nature-positive, net zero, and equitable economy for all.

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the second episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders in the space share the insights and advice you need to manage business and legal risk in the life sciences sector. In this episode, Nate spoke with Melissa Crespo, a partner in Morrison Foerster's Privacy + Data Security Group, about how life sciences companies that use online ad tracking technologies can navigate the complex landscape of privacy laws and regulatory scrutiny related to the potential collection and sharing of health information. Nate and Melissa discuss practical steps companies can take to mitigate the risk of investigation and enforcement. In addition to discussing how ad tracking can run afoul of privacy and consumer protection laws, Nate and Melissa also explored the heightened risks of ransomware attacks for life sciences companies, effective steps to meet DOJ's cybersecurity standards, and recent DOJ cybersecurity-related enforcement actions involving life sciences companies.

Listen to the podcast conversation with Chief Legal Officer at Maybourne Hotel Group, Jennifer Guilfoyle, and Board Advisor, Guy Hipwell, on what it takes to build a successful brand and the importance of protecting your brand.

In this episode of the Above Board podcast, Morrison Foerster partner and host Scott Lesmes speaks with Morrison Foerster partners Haima Marlier and Michael Birnbaum, both former senior trial counsel at the SEC, and Craig Martin, a former enforcement attorney at the SEC, about recent SEC enforcement activities concerning controls violations. The discussion includes trends and analysis in the areas of internal accounting controls and disclosure controls under the Exchange Act, with takeaways from recent cases including Charter Communications and Activision Blizzard. Also discussed are best practices for maintaining robust compliance programs and navigating the evolving landscape of SEC regulations.

Why should you be concerned with English Anti-Suits (no Harvey or Mike here), French arbitration and Russian proceedings? Join Chiraag Shah and Robin Bachmann on our recent arbitration episode, as they discuss the English Supreme Court's in the recent Unicredit v RCA decision, and what this may spell for things to come …

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors in the firm's Investigations + White Collar Defense Group, host the first episode of their new podcast titled When Your Life Sciences Are on the Line, where leading practitioners and thought leaders in the life sciences sector share the insights and advice you need to manage business and legal risk when your life sciences are on the line. In this episode, Kate and Nate spoke with Jim Krenn, a partner in Morrison Foerster's Emerging Companies + Venture Capital and Mergers + Acquisitions Practice Groups, about how emerging and established life sciences companies can build and preserve value by protecting their most valuable asset: their trade secrets. Listen in for strategies for emerging and established companies looking to position themselves for growth, for acquisition, and for going public. What are the right steps to take now that technology allows for more sophisticated and less detectable trade secrets theft? What is the value proposition of implementing protections, and what do investors expect now that cyberattacks are prevalent? Topics of discussion also include strategies for scaling compliance programs and data security practices throughout a company's lifecycle, and preferred strategies for testing existing policies and systems to identify vulnerabilities.

Watch our videocast or listen to the podcast conversation with Fractional CMO Amy Wilson and personal brand guru Matt Swain, on how founders can build a personal brand and the importance of emerging companies of having a well-thought-out marketing strategy.

The legal framework on AI in the UK is in a state of flux, with the UK government's desire to be a “pro-innovation” hub for AI businesses yet to be underpinned by a clear legal framework. Join AI and Technology partner Charlotte Walker-Osborn and IP partner Steven James to discover some of the areas you need to be thinking about when developing, deploying or using AI systems.

AI is rapidly changing the way we do business. AI presents exciting opportunities for founders and emerging companies but the laws governing AI in the UK are in a state of flux. There are many different laws and guidance to understand and contend with, which can be challenging for emerging businesses. Join AI and Technology partner Charlotte Walker-Osborn and IP partner Steven James to hear about some of the areas you need to be thinking about as a founder, investor or advisor and when to start having those discussions.

The 14th episode in this series focused on “Business Leadership in the Context of 2024's Elections,” with Aron Cramer, President and CEO of BSR, interviewing Daniella Ballou-Aares, Founder and CEO of the Leadership Now Project. Daniella started the Leadership Now Project in 2017 to focus business leaders on the critical actions required to renew American democracy. Daniella began her career at Bain & Company, working across the firm's offices in the United States, South Africa, and the United Kingdom. From there she became a founding partner at Dalberg, where she led the Americas business and transformed the startup into the largest social impact strategy firm, with 25 offices worldwide. She spent five years in the Obama administration as the Senior Advisor for Development to the Secretary of State, serving under Secretaries Clinton and Kerry. Daniella's perspectives have been featured in publications such as the Harvard Business Review, New York Times, Fast Company, and POLITICO, and at the World Economic Forum. Daniella is a member of the Council on Foreign Relations and was a 2014 World Economic Forum Young Global Leader. She holds an M.B.A. from Harvard Business School, an M.P.A. from the Kennedy School, and a B.S. cum laude in operations research and industrial engineering from Cornell. The Leadership Now Project is a membership organization of business and thought leaders taking action to protect and renew American democracy. The organization mobilizes its members' influence, expertise, and investment for high-impact solutions for American democracy. Leadership Now members are the foundation of the organization, driving action and enabling impact. Founded in 2017 by a group of Harvard Business School alumni, the Leadership Now Project today has members across more than 25 states and collaborates with faculty at 15+ colleges and universities.

More than a quarter of respondents (26%) in our survey say they have left sustainability policies unchanged because of concerns raised by principals or investment professionals; almost as many (24%) cite the concerns of their limited partners (LPs). In this podcast, we discuss the backlash against ESG in the US and how it impacts Asia-headquartered GPs. Should GPs tweak their ESG policies or their implementation to ensure they are acceptable to all LPs? Is it possible to please all LPs?

The thirteenth episode in this series focused on “ESG: Looking Back and Ahead,” with Aron Cramer, president and CEO at BSR, and Susan H. Mac Cormac, co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo. The ESG and impact space witnessed interesting developments in 2023, ranging from new regulations to anti-ESG legislation, litigation, and enforcements. This discussion provided insights and reviewed key events that took place in the ESG and impact space last year, as well as highlighted trends and predictions for 2024 and beyond.

In certain states in the US, the EU and the UK, there is a growing expectation for companies and funds to extend sustainability due diligence throughout their global supply chains. Companies and funds are also facing increasing customer demands with respect to sustainability. In this podcast, we discuss how companies and funds can think holistically about third-party risks, compliance, and sustainability-related subject matters—including steps they can take to balance local compliance requirements with global sustainability requirements applicable in jurisdictions within their supply chain, navigate business relationships in high-risk areas, and partner with subject matter experts on supply chain diligence to provide guidance on redirecting and diversifying their supply chains in new markets.

MoFounders Podcast: How to Disrupt an Outmoded Industry and Scale an App Nationwide by Morrison & Foerster LLP (MoFo)

The vast majority (80% ) of tech and tech-focused respondents to our survey responded that they have adopted or require their portfolio companies to adopt responsible tech policies. Data privacy and cybersecurity appear to be the top concerns of our respondents, particularly as data becomes more and more valuable. However, the risks involved with AI did not seem to be top of their agendas. In this podcast, we discuss what PE funds need to know about: Using personal data in datasets for training generative AI and the impact of new regulations in Asia; and issues related to transferring and using datasets across borders.

“Responsible tech” is a hotly debated topic in the US and Europe, but less so in Asia. Our annual survey of Asia headquartered PE Funds reveals that many require their portfolio companies to apply responsible tech, but also that for many respondents “responsible tech” is synonymous with data privacy and cybersecurity. This narrow approach misses one of the key benefits of the concept of responsible tech—the ability to mitigate business risk in novel areas where regulatory approaches have not yet coalesced. In this podcast, we discuss the concept of responsible tech and illustrate this with practical examples already implemented by Asian companies. We discuss how PE funds can factor responsible tech into their investment decisions and the management of their portfolio companies.

The twelfth episode in this series focuses on “Climate Disclosure Rules: Preparing For Regulatory Oversight,” with Kristina Wyatt, Deputy General Counsel and Chief Sustainability Officer at Persefoni, and Neil Stewart, Director of Corporate Outreach at the International Sustainability Standards Board (ISSB). The discussion was led by Jackie Liu. This year witnessed an unprecedented increase in climate disclosure rules – mandatory and voluntary. The regulations and standards follow increased demands for standardization and reliance on climate-related disclosures by stakeholders, including investors and consumers. As regulations such as California's Climate Accountability (CCA) package proliferate and the industry coalesces around voluntary standards such as the ISSB's IFRS S1 and IFRS S2 standards, the importance of preparing and positioning for alignment is apparent. The discussion will provide a comprehensive overview of climate disclosure regulations in the U.S. and EU, specifically the EU's CSRD, CCA, and the ISSB Standards, along with insights on what is on the horizon and how companies can sufficiently prepare for reporting requirements in this everchanging landscape.

One of the most important issues Entrepreneurs want to know about, is how to make their business more investable to investors. It can sometimes seem a bit of a mystery: why does one business skyrocket and another in the same sector struggles to take off? How do you put your business in the best possible position to secure investment? To find out about this and more join Michanne Steenbergen, an investor in B2B and B2C Tech, and Stuart Alford, Corporate Partner at MoFo, on our first MoFounders podcast.

In our 2022 report, we concluded that sustainability work had become a clear priority for GPs headquartered in Asia, with most organizations devoting increasingly significant resources to this area. However, we also noted that work was at an early stage for many in the region. One year later, this year's research reveals that further progress has been made. But there is also evidence of concern about the pace of change—many GPs in our research feel uncomfortable with the rapid evolution of sustainability policies. Listen to this podcast to understand the key findings of Asia Funds ESG Survey 2023 in just over eight minutes.

The eleventh episode in this series focuses on “Just Transition: How Companies and Investors Can Ensure an Equitable and Sustainable Future,” with Aron Cramer, President and CEO of BSR, interviewing Kate Gordon, Former Senior Advisor to Energy Secretary Jennifer Granholm at the U.S. Department of Energy (DOE).  It is increasingly clear that the energy transition needs to be inclusive, not only to advance equity, but also to bolster the political will to take action. Increasingly, companies are devising just transition strategies to ensure that the energy transition considers questions such as access to clean energy, employment transition for those displaced from the fossil fuel economy, supply chain questions related to resources needed for the clean energy economy, and the means of addressing the economic and environmental harms related to fossil fuel development and deployment. Kate Gordon will join us to share her perspective and expertise based on her experience as a leading climate advisor.

In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn speaks with Edward Imperatore, a partner in Morrison Foerster's Investigations + White Collar Defense practice group and former Assistant United States Attorney for the Southern District of New York, about the increasing securities enforcement focus on the life sciences and healthcare industry by the Securities and Exchange Commission and Department of Justice. The discussion includes trends and novel theories in the areas of insider trading and accounting and disclosure fraud, with takeaways from recent cases. Also discussed are best practices for public life sciences and healthcare companies to enhance internal controls and mitigate potential risks.

The tenth episode in this series focuses on “How Large Financial Institutions Are Integrating Climate Strategies,” with Suz Mac Cormac, Global Co-chair of the Environmental, Social, and Governance (ESG) and Social Enterprise + Impact Investing practices at MoFo, interviewing Rama Variankaval, Global Head of Corporate Advisory & Sustainable Solutions at J.P. Morgan.

In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn speaks with Linda Clark, partner in Morrison Foerster's market-leading global Privacy + Data Security Group and former Chief Data Security Counsel for RELX, about the roles of GCs and directors in protecting and maintaining their companies' cybersecurity and mitigating the damage caused by cybersecurity incidents. In her role at RELX, Linda led the data security legal compliance efforts in over 40 countries and across four different market segments worldwide.

In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses recent developments at the DOJ, the SEC, and the U.S. Attorneys' Offices regarding a variety of matters that are important for boards of directors and companies to consider when they approach corporate compliance issues with Morrison Foerster Securities Litigation, Enforcement, and White Collar + Investigations partners Adam Braverman, Jina Choi, and Christine Wong, each of whom has previously served in senior positions at either the DOJ or SEC. Topics of discussion include voluntary self-disclosure policies, the preservation of electronic communications, and corporate compensation and clawbacks.