OnAir with Akin Gump

In the latest episode of our OnAir with Akin podcast, we continue our Speaking Sustainability series hosted by Chad Smith, a consultant in the New York office specializing in ESG. Chad is joined by guests Jim Deeken, an investment management partner in the Dallas office, and Kirk Anderson, an investment management counsel in the New York office. The trio explores the challenges of implementing ESG principles in the corporate world, highlights the importance of aligning ESG statements with actual practices to avoid legal issues and regulatory scrutiny and the risks involved with false sustainability claims. To learn more, visit akingump.com.

In the latest episode of our OnAir with Akin podcast, we share our Speaking Sustainability series with Chad Smith, a consultant in the New York office. Joined by guest Jim Deeken, an investment management partner in the Dallas office to discuss the intricacies of Delaware law concerning directors' duties, emphasizing the importance of understanding the duty of care and loyalty to avoid potential liabilities. They highlight the limitations of the business judgment rule and the necessity for directors to ensure proper risk management and oversight, particularly in relation to environmental, social and governance (ESG) issues. To learn more, visit akingump.com.

In the latest episode of our OnAir with Akin podcast, we continue our Regulatory Minutes series, hosted by investment management partners Barbara Niederkofler and Jason Daniel, with special guest William Wetmore, an investment management partner in Akin's San Francisco office. In this episode, we discuss various regulatory developments and cover topics such as the Internet Advisors Rule, climate disclosure for reporting public companies, enforcement actions related to 13D versus 13G filings and AI Washing, legal cases involving settlement agreements in proxy contests, and the SEC's case against Coinbase. We also highlight upcoming compliance deadlines, including the shortening of the settlement cycle and the delivery of fund documents. To learn more, visit akingump.com.

In this special 3 part series of OnAir with Akin, Jason Daniel, an investment funds regulatory partner in the Dallas office and Barbara Niederkofler, an investment fund partner in the New York office, will discuss the recent regulatory changes, the proposals that are still out there, and how all this will impact your fund documents and your practices and procedures. Part 3: This section focuses on Regulatory Updates that specifically impact Funds Documents. It provides information on any recent changes or updates to the regulations that govern funds and their associated documents. This section is particularly relevant for professionals in the funds industry who need to stay up-to-date with the latest regulatory requirements. To learn more, visit akingump.com.

In this special 3 part series of OnAir with Akin, Jason Daniel, an investment funds regulatory partner in the Dallas office and Barbara Niederkofler, an investment fund partner in the New York office, will discuss the recent regulatory changes, the proposals that are still out there, and how all this will impact your fund documents and your practices and procedures. Part 2: In this section, we discuss Material Proposals that have not yet been adopted. These are regulatory changes that are still in the proposal stage and have not been finalized or implemented. Readers can gain insights into potential upcoming changes and their potential impact on the industry. To learn more, visit akingump.com.

In this special 3 part series of OnAir with Akin, Jason Daniel, an investment funds regulatory partner in the Dallas office and Barbara Niederkofler, an investment fund partner in the New York office, will discuss the recent regulatory changes, the proposals that are still out there, and how all this will impact your fund documents and your practices and procedures. Part 1: This section provides an overview of the Adopted Rules, Proposed Rules, Recent Enforcement Actions, and approaching or recent Compliance Dates for Adopted Rules. It covers the regulatory updates that have been implemented and enforced in the recent past, giving readers a comprehensive understanding of the current regulatory landscape. Among the topics covered: Adopted Rules Proposed Rules Recent Enforcement Actions from Jan Approaching or Recent Compliance Dates for Adopted Rules Staff Guidance To learn more, visit akingump.com.

In this episode of OnAir with Akin, lobbying & public policy partner Hans Rickhoff and senior counsel Reggie Babin lead a discussion with international trade partner Christian Davis, senior policy advisor Virgil Miller, and senior advisor Ryan Thompson to recap their experience at CES, an annual trade show organized by the Consumer Technology Association that occurred from January 9th to 12th in Las Vegas, Nevada. This year, AI was a major theme at the conference, and in this discussion our team delves into how some of the new AI-powered technologies showcased at CES and how they could be impacted by federal policy.

In this episode of OnAir with Akin, lobbying & public policy partner Hans Rickhoff, senior counsel Reggie Babin and intellectual property partner David Vondle discuss the current state of artificial intelligence (AI) and its intersection with intellectual property (IP) and copyright law. The speakers talk about the implications of AI-generated works in terms of copyright protection, the role of the courts in shaping copyright law in relation to AI, and the potential legislative responses to these issues. Among the topics covered: - The intersection of AI with IP and copyright law. - The implications of AI-generated works on copyright protection. - The role of the courts and Congress in shaping copyright law. - The potential for legislative responses to these issues.

In this episode of OnAir with Akin, lobbying and public policy partner Hans Rickhoff and lobbying and public policy partner senior counsel Reggie Babin lead a discussion with international trade counsel Alan Hayes on the current state of AI policy, with a specific focus on the recent Biden administration executive order (EO) on AI. They discuss the implications of the EO for clients, its potential impact on future legislation, and the broader themes coloring the AI conversation globally. They also discuss the role of various agencies in implementing the EO and the potential challenges they might face. Topics include: Overview of the AI EO Congressional activity on AI UK AI Summit Substantive analysis of the EO

In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term. Among the topics covered: ·         Culture-war topics and dissent battles. ·         The arrival and impact of Justice Jackson. ·         Pumping the brakes on the Court's rightward trend. ·         Is the Court still friendly to business? ·         Curtailing agencies' power in the 2023 Term? To learn more, visit akingump.com and search for “Supreme Court.”

In this episode of OnAir with Akin, cybersecurity, privacy & data protection practice co-head Michelle Reed and counsel Molly Whitman and Lauren York discuss the newly published third edition of the firm's annual CCPA Litigation and Enforcement Report, which, through analysis of hundreds of cases, provides readers with a clear view of the landscape in this fourth year of the California Consumer Privacy Act. Among the topics covered: ·         2022 CCPA litigation overview. ·         Key statistics and trends from the report. ·         Industries hardest hit by CCPA lawsuits. ·         Important takeaways for businesses in California.

In this episode, Akin Gump Supreme Court and appellate practice senior counsel Aileen McGrath and labor and employment counsel Jonathan Slowik discuss California's Private Attorneys General Act (PAGA) and the significance of the recent U.S. Supreme Court decision in Viking River Cruises, Inc. v. Moriana. Among the topics covered: ·         PAGA's origins. ·         An unusual decision in Viking River. ·         The Court's approach to arbitration cases. ·         Significance for business. To learn more, visit akingump.com and search for “PAGA.”

In this special episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath discuss the momentous 2021 Supreme Court Term and look at notable upcoming cases in the October 2022 Term. Among the topics covered: ·         Stare decisis and Dobbs. ·         The impact of originalism. ·         Shifting views of precedent. ·         Kennedy, Carson and the Establishment and Free Exercise Clauses. ·         The significance of the “major questions” doctrine. ·         Chief Justice Roberts' role on the Court. ·         Justice Breyer's legacy. To learn more, visit akingump.com and search for “Supreme Court.”

In this episode, Natasha Kohne and Michelle Reed, who head Akin Gump's cybersecurity, privacy and data protection practice, and counsel Lauren York discuss the firm's new CCPA Litigation Annual Report – 2021 Trends and Developments, which reviews the findings from their analysis of the second year of litigation and class actions under the California Consumer Privacy Act. Among the topics covered: ·         2021 CCPA litigation overview. ·         Major increase in data breach cases. ·         Surprising findings. ·         Litigation deterrence strategies. To learn more, visit akingump.com and search for “CCPA.”

In this episode, Akin Gump litigation partner Richard Hornshaw and counsel Aimee Smart look at the litigation aspects of environmental, social and governance, or ESG, issues in the U.K. and EU. Among the topics covered: ·         Bringing ESG-related claims in English courts. ·         The trends in cases brought and the legal issues underpinning them. ·         ESG-related cases in the EU and beyond. ·         Shareholder activism and ESG litigation. To learn more, visit akingump.com and search for “ESG.”

In this episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath review the 2020 Supreme Court Term and preview the big cases and topics in the October 2021 Term. Among the topics covered: ·       What we can learn from the 2020 Term. ·       Justice Barrett's first Term. ·       The rise of the shadow docket. ·       Hot-button topics and the marquee cases of the 2021 Term. ·       Justice Breyer and the Court. To learn more, visit akingump.com and search for “Supreme Court.”

In this episode, Akin Gump financial regulatory partner Helen Marshall and white collar defense and government investigations practice co-head Michael Asaro look at SEC and FCA's annual reports to discuss similarities, differences and trends. Among the topics covered: Which is the more active regulator? COVID's impact on investigations. Financial penalties in the U.S. and U.K.. Areas of heightened regulatory concern. To learn more, search for “financial regulatory” and “white collar” at akingump.com.

In this episode, Akin Gump litigation partner Hyongsoon Kim and Supreme Court and appellate senior counsel Aileen McGrath and Crimcard founder and managing partner Dr. Kareem Crayton discuss redistricting and the impact of the 2020 Census. Among the topics covered: The Voting Rights Act Secs. 2 and 5 and redistricting. The role of legal counsel in redistricting. What the 2020 Census revealed. Redistricting and the Census: litigation. To learn more, search for “litigation” at akingump.com.

In this special episode, Akin Gump labor and employment partners Bob Lian and Lauren Leyden welcome noted epidemiologist Dr. Stephen Ostroff to update listeners on workplace issues related to COVID-19. Among the topics covered: The nature and impact of the Delta variant. Employer vaccine mandates following the FDA's vaccine approval. Employer obligations regarding vaccinations. Workplace considerations regarding vaccine boosters. To learn more, search for “labor and employment” at akingump.com.

In this new episode of OnAir: Health Care, Akin Gump health care senior policy advisor Matthew Hittle and consultant Dr. Mario Ramirez welcome Akin Gump public law and policy partner Clete Willems and Centrient Pharmaceuticals chief legal and compliance officer Jim DeYonker. Among the topics covered: ·         The TRIPS waiver and vaccines. ·         Global supply chains. ·         Onshoring drug manufacturing. ·         Enforcing IP outside the U.S.. To learn more, visit akingump.com and search for “health care.”

In this episode, Akin Gump labor and employment practice head Bob Lian and partner Lauren Leyden discuss employer vaccine mandates related to coronavirus. Among the topics covered: ·         Challenges and complications in managing the pandemic in the workplace. ·         What employers can require of employees. ·         Should employers be mandating the vaccine? ·         Who is exempt from vaccine mandates? ·         What employers should be thinking about as offices reopen. To learn more, visit akingump.com and search for “labor and employment.”

In this episode, which concludes our three-part EU ESG Considerations for Beginners miniseries, Akin Gump financial regulatory partner Ezra Zahabi looks at EU ESG developments and risks and what business should know about them. Among the topics covered: ·         How the SFDR and the Taxonomy Regulation interact. ·         EU legislative developments on the ESG front. ·         Emergent risks and liabilities from the new regulatory framework. ·         Key takeaways for business. To learn more, visit akingump.com and search for “ESG.”

In this episode, the second in our three-part EU ESG Considerations for Beginners miniseries, Akin Gump financial regulatory partner Ezra Zahabi looks at the EU's Taxonomy Regulation and what it means for business. Among the topics covered: ·         What is the Taxonomy Regulation's purpose? ·         To whom does it apply? ·         How does environmental sustainability inform the Regulation? ·         What is the Taxonomy Regulation's impact on the extant regulatory framework? To learn more, visit akingump.com and search for “ESG.”

In this new episode of OnAir: Health Care, Akin Gump health care senior policy advisor Matthew Hittle and consultant Dr. Mario Ramirez welcome House Ways and Means Committee health counsel Orriel Richardson and National Minority Quality Forum CEO Dr. Gary Puckrein. Among the topics covered: ·         Health equity – the view from Capitol Hill and beyond. ·         CMS update. ·         Race and health disparities. ·         Health care costs. To learn more, visit akingump.com and search for “health care.”

In this episode, the first in our three-part EU ESG Considerations for Beginners miniseries, Akin Gump financial regulatory partner Ezra Zahabi looks at the Sustainable Finance Disclosure Regulation (SFDR) and what it means for business. Among the topics covered: ·       Where did SFDR start? ·       To whom does it apply? ·       Which funds are covered? ·       What are the disclosure requirements for funds? ·       What should investors know about SFDR? To learn more, visit akingump.com and search for “ESG.”

In this episode, Akin Gump corporate partners Wesley Williams and Jessica Hammons take a wide-ranging look at the oil and gas industry in the U.S. and discuss the investment and transaction present and future in that industry. Among the topics covered: ·         Trends in energy transactions. ·         Oil and gas industry consolidation. ·         Private equity funds, SPACs and capital deployment. ·         ESG's impact on energy transactions. To learn more, visit akingump.com and search for “oil and gas.”

This special episode features “Emergence of ESG Transparency,” a webinar featuring two heads of Akin Gump’s ESG group—partners Stacey Mitchell in D.C. and Amy Kennedy in London—along with London partner Ezra Zahabi. Among the topics covered: ·         EU plans on ESG and sustainable finance. ·         An overview of U.S. climate and ESG developments. ·         EU sustainable finance transparency requirements. ·         The U.K. sustainable finance initiative. To learn more, visit akingump.com and search for “ESG.”

In this new episode of OnAir: Health Care, Akin Gump health care senior policy advisor Matthew Hittle and consultant Dr. Mario Ramirez welcome public law and policy partners Ed Pagano and Clete Willems to talk federal health care policy and legislation. Among the topics covered: ·         What is infrastructure, and how are votes lining up in Congress? ·         COVID variants, new CDC guidelines on travel, and more. ·         IP protections for vaccines. To learn more, visit akingump.com and search for “COVID” and “health care.

In this episode, Akin Gump cybersecurity, privacy, and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its sometimes-surprising findings. Among the topics covered: ·         Class actions under the California Consumer Privacy Act in 2020. ·         CCPA statutory overview. ·         The private right of action. ·         Defending against CCPA claims. To learn more, visit www.akingump.com and search for “CCPA.”

In this debut episode of OnAir: Health Care, Akin Gump health care senior policy advisor Matthew Hittle and consultant Dr. Mario Ramirez welcome partner Kelly Cleary to discuss health policy, medical science, and Washington politics. Among the topics covered: ·         The science behind CDC guidance. ·         HHS appointments: the state of play. ·         The Biden-Harris administration and the Affordable Care Act. ·         Medicaid and drug pricing policies. To learn more, visit akingump.com and search for “COVID” and “health care.”

In this special episode, Akin Gump investment management partner and Women Firmwide Resource Group co-head Barbara Niederkofler moderates a panel featuring labor and employment partner Esther Lander, public law and policy partner Arshi Siddiqui and senior advisor and former Congresswowan Ileana Ros-Lehtinen as they discuss the Biden-Harris administration’s agenda and how issues impacting women may be addressed by the new administration.

In this episode, Akin Gump financial restructuring partner Lois Deasey and practice co-head Liz Osborne offer an overview of creditors' fees related to English law schemes of arrangement. Among the topics covered: ·         Determining creditor classes under English law. ·         Lockup fees and what to look for. ·         How courts analyze work fees. ·         Backstop fees in restructurings. To learn more, visit akingump.com and search for “financial restructuring.

In this episode, Akin Gump’s Amy Kennedy and Stacey Mitchell, two of the firm’s ESG group co-heads, walk listeners through environmental, social and governance considerations for business. Among the topics covered: ·         U.S. and international perspectives on ESG. ·         Why ESG is a hot topic in 2021. ·         The disclosure alphabet soup, from GRI to UNPRI. ·         Corporate ESG risks. ·         Green loans/bonds and sustainability-linked loans/bonds. To learn more, visit akingump.com and search for “ESG.”

In this episode, Akin Gump public law and policy partner Ed Pagano, senior policy advisor Casey Higgins and international trade counsel Maka Hutson discuss the Biden comprehensive immigration bill currently on Capitol Hill. Among the topics covered: ·         Can a comprehensive bill make it through Congress? ·         What business listeners should know about the bill’s provisions. ·         H-1B visas and green cards. ·         Guest workers and Dreamers. To learn more, visit akingump.com and search for “immigration.”

In this episode, Akin Gump government contracts partner Angela Styles discusses the origins, workings, track record and future of the Paycheck Protection Program (PPP). Among the topics covered: ·         Self-certification, eligibility and fraud. ·         Acquiring companies with PPP loans. ·         The Treasury Department and PPP. To learn more, visit akingump.com and search for “Paycheck Protection Program.”

In this episode, Akin Gump pro bono partner Steven Schulman; Rick McMurtry, senior VP and associate GC at WarnerMedia; and Jay Reidy, assistant VP and senior legal counsel at AT&T discuss pro bono partnerships between law firms and in-house legal departments. Among the topics covered: ·         AT&T’s and WarnerMedia’s pro bono programs. ·         The history and development of corporate pro bono. ·         The benefits to companies of pro bono partnerships. To learn more, visit akingump.com and search for “pro bono.”

In this episode, Akin Gump public law and policy partner and former U.S. Senator Joe Donnelly and senior advisor and former U.S. Representative Ileana Ros-Lehtinen discuss the 2020 U.S. elections and their significance for business. Among the topics covered: Issues firing up each candidate’s base. The candidates on trade, immigration, taxation. The significance of the “Biden Republican.” Flipping the Senate, or status quo? To learn more, visit akingump.com and search for “public law and policy.”

In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among the topics covered: Chief Justice Roberts’ influence. Justice Gorsuch as maverick and textualist. COVID-19 and telephonic arguments. What to look for in the October 2020 Term. The 2020 elections and the Court. To learn more, visit akingump.com and search for “Supreme Court.”

In this episode, Akin Gump health care partners Kelly Cleary and Robert Salcido discuss the health care industry and how COVID-19 has impacted the industry and affected or driven legislative and regulatory activity. Among the topics covered: The Stark Law and conflicts of interest. Oversight of the CARES Act. The False Claims Act and its current and future enforcement. Drug pricing models. Takeaways for business. To learn more, visit akingump.com and search for “health care.”

In this episode, Akin Gump entertainment practice head Chris Spicer and partner Alissa Miller talk about the entertainment industry in the U.S. and overseas and the impact that COVID-19 has had on production and financing. Among the topics covered: ·       U.S. vs. international productions. ·       The rise of the streaming services. ·       Insurance and COVID. ·       Representing independent content producers on Capitol Hill. ·       Investment opportunities. To learn more, visit akingump.com and search for “entertainment.”

In this episode, Akin Gump antitrust partners Gorav Jindal and Corey Roush, fresh off a two-week trial, discuss the nuts and bolts of litigating during the COVID-19 pandemic. Among the topics covered: ·         Antitrust litigation in the COVID context. ·         The challenges of remote trial preparation. ·         Technology: its advantages and disadvantages in the new normal. ·         Trial behind plexiglass and masks. ·         The post-COVID courtroom. To learn more, visit akingump.com and search for “antitrust.”

In this episode, Akin Gump intellectual property partners Cono Carrano and David Vondle discuss IP disputes at the U.S. International Trade Commission. Among the topics covered: ·         What is Section 337 and what does it mean for business? ·         ITC or district court: Which gets the job done? ·         The ITC and standard essential patents. ·         Filing complaints at the ITC against Chinese entities. ·         COVID-19’s impact on ITC proceedings. To learn more about the firm’s Section 337 investigations practice, visit akingump.com.

In this episode, Akin Gump litigation partner Hyongsoon Kim and counsel Molly Whitman discuss class actions against colleges and universities that have moved to remote teaching due to the pandemic. Among the topics covered: ·         Who comprises these plaintiff classes? ·         What is the nature of these suits? ·         The role of the plaintiff’s bar. ·         Early warnings that litigation is coming. ·         Approaches in defending against litigation. To learn more about the firm’s universities and colleges work, visit akingump.com.

Akin Gump London-based financial restructuring partner Liz Osborne and finance partners Amy Kennedy and Stephen Peppiatt discuss European bonds, loans and the various flavors of covenants in the current liquidity constrained environment. Among the topics covered: The development of the high-yield bond/leveraged loan market. Investment opportunities within existing covenant structures. EBITDA and financial ratio flexibility.

In this episode, Akin Gump London-based financial restructuring partners Liz Osborne and Emma Simmonds discuss insolvency and restructuring in the U.K. in light of the coronavirus pandemic. Among the topics covered: ·         Recent trends. ·         Liquidity issues and requests for release and payment holidays. ·         U.K. insolvency and restructuring mechanisms. ·         Proposed reform of U.K. insolvency laws. To learn more about the firm’s financial restructuring work, please click here.

Akin Gump cybersecurity, privacy and data protection co-heads Natasha Kohne and Michelle Reid discuss the California Consumer Privacy Act and its implications for business in this episode recorded in mid-March. Among the topics covered: ·       California’s influence on states’ legislation. ·       Private right of action: What does it mean for business? ·       Attorney-client privilege. ·       California plaintiffs’ bar and statutory damages. ·       CCPA compliance. To learn more about the firm’s privacy work, please click here.

This episode presents the briefing “Managing the New Reality: Opportunities & Landmines for Energy Companies Right Now,” with Akin Gump corporate partner John Goodgame and financial restructuring partners Sarah Schultz, Ira Dizengoff and Michael Stamer. Among the topics covered: ·        D&O duties. ·        Disclosure for energy companies. ·        Liability management. ·        Transactional alternatives. ·        Counterparty risk To learn more about the firm’s corporate and financial restructuring practices, please visit akingump.com.

In this episode recorded in late February, Akin Gump financial regulatory partners Helen Marshall and Ezra Zahabi, using Akin Gump’s recently published In Principle annual report as a springboard, discuss what U.K. authorized firms should be thinking about. Among the topics covered: ·       Brexit and contractual implications. ·       ESG considerations. ·       U.K. enforcement trends. ·       Cybersecurity and GDPR. ·       New AIFMD rules. To read the full In Principle report, please click here or visit akingump.com.

In this episode, Akin Gump labor and employment partner Richard Rabin and associate Grace O’Donnell discuss what you need to know about coronavirus’ impact on the workplace and employees. Among the topics covered: ·       Business/personal travel and quarantine. ·       Sick leave obligations and state/federal laws. ·       COVID-19 testing and the workplace. ·       Remote work considerations. For Akin Gump’s insights and analysis of the latest COVID-19 legal, regulatory and technical developments, please visit agcovid19.com.

In this episode, Akin Gump litigation partner Mark Dawkins and senior counsel Sheena Buddhdev return to the studio to discuss U.K. dispute resolution in the wake of that country’s departure from the EU. Among the topics covered: ·         What has changed post-Brexit? ·         What is expected for the transition period before January 1, 2021? ·         Practical steps and contracts in 2020. ·         U.K. brinkmanship and the EU. To learn more about Akin Gump’s dispute resolution practice, please visit akingump.com.

In this episode, Akin Gump international competition and trade partner Davina Garrod and corporate partner Gavin Weir discuss M&A in the U.K., EU, U.S., China and more, its state of health and where it might go in 2020. Among the topics covered: ·         The impact of Brexit. ·         Geopolitical hurdles. ·         The Trump admin, U.S. elections and M&A. ·         China: Hong Kong, coronavirus and deal flow. ·         Hot sectors for M&A. For more information on Akin Gump’s international trade, antitrust and corporate work, please visit akingump.com.