Podcasts about morrison foerster

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Best podcasts about morrison foerster

Latest podcast episodes about morrison foerster

Legal Bytes Podcast
Data Protection for Children

Legal Bytes Podcast

Play Episode Listen Later Apr 2, 2025 26:33


“You can't just turn 18 and be expected to know how to navigate the digital world.”As social media and digital platforms become an integral part of everyday life, how can we protect children—especially the youngest, from toddlers to infants—from online exposure and data misuse? From privacy concerns to the lasting impact of digital footprints, the legal and ethical challenges continue to evolve.In this episode join us, your hosts Akila Marimuthu and Lou Icard, as we unpack how the law is adapting to protect the digital rights of children. We're joined by Mercedes Samavi, privacy and data protection expert at Morrison Foerster, to discuss the latest legal frameworks designed to safeguard children's data. We explore parental responsibilities, platform accountability, and the growing need for regulation in an increasingly connected world. 

MoFo Perspectives Podcast
MoForecast: State AGs and Antitrust Enforcement: Trends and Expectations for 2025

MoFo Perspectives Podcast

Play Episode Listen Later Apr 1, 2025 12:18


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.

MoFo Perspectives Podcast
MoForecast: State AGs and the False Claims Act: Navigating Multijurisdictional Challenges

MoFo Perspectives Podcast

Play Episode Listen Later Mar 13, 2025 9:36


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.

MoFo Perspectives Podcast
MoForecast: State AGs and Consumer Financial Protection: Anticipating Shifts in Enforcement Focus

MoFo Perspectives Podcast

Play Episode Listen Later Mar 10, 2025 13:45


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.

MoFo Perspectives Podcast
MoForecast: Navigating State AG Environmental Enforcement Trends for 2025

MoFo Perspectives Podcast

Play Episode Listen Later Mar 3, 2025 8:01


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.

MoFo Perspectives Podcast
Above Board: Managing AI in the Boardroom

MoFo Perspectives Podcast

Play Episode Listen Later Feb 13, 2025 21:31


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.

MoFo Perspectives Podcast
When Your Life Sciences Are on the Line: Securities Enforcement

MoFo Perspectives Podcast

Play Episode Listen Later Feb 5, 2025 22:02


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.

MoFo Perspectives Podcast
MoForecast: Predictions on State Attorneys General Securities Fraud Enforcement

MoFo Perspectives Podcast

Play Episode Listen Later Jan 29, 2025 10:48


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.

MoFo Perspectives Podcast
MoForecast: Predictions on State Attorneys General Enforcement of Consumer Protection

MoFo Perspectives Podcast

Play Episode Listen Later Jan 23, 2025 8:37


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.

MoFo Perspectives Podcast
MoForecast: State AGs and the Future of Privacy Enforcement – What You Need to Know

MoFo Perspectives Podcast

Play Episode Listen Later Jan 20, 2025 14:50


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.

MoFo Perspectives Podcast
MoForecast: Predictions on State Attorneys General Enforcement

MoFo Perspectives Podcast

Play Episode Listen Later Jan 16, 2025 16:04


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.

The Lawfare Podcast
Lawfare Daily: The Proposed New FARA Regulations, with DOJ Official Jennifer Gellie

The Lawfare Podcast

Play Episode Listen Later Jan 14, 2025 65:10


For today's episode, Jennifer Gellie, the Chief of the Counterintelligence and Export Control Section ("CES") in the National Security Division of the U.S. Department of Justice, sits down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss new proposed regulations her office has issued for implementing the Foreign Agents Registration Act ("FARA"). They cover how the role of FARA has changed in recent decades, what the new regulations change and leave the same, and what the Justice Department's FARA-related priorities are likely to be in 2025. This episode is part of the “The Regulators” series, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

MoFo Perspectives Podcast
When Your Life Sciences Are on the Line: FCPA Enforcement

MoFo Perspectives Podcast

Play Episode Listen Later Dec 23, 2024 26:23


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.

Masters of Privacy
Lokke Moerel: using personal data in the development and deployment of AI models

Masters of Privacy

Play Episode Listen Later Dec 22, 2024 23:31


Lokke Moerel is a leading global expert on new technologies, Artificial Intelligence (AI), Big Data, and the Internet of Things, as well as Morrison & Foerster's lead counsel on Binding Corporate Rules (BCR), with vast experience advising multinational companies in obtaining their BCR approvals throughout the EU. She has also authored the leading textbook on the subject, published by Oxford University Press.   We recorded this interview prior to the publication of the European Data Protection Board's opinion on AI models and GDPR principles, following both a discussion paper issued by Hamburg's Supervisory Authority (“Do LLMs contain personal data?”) and an announcement by the Irish Data Protection Commissioner that it would open an investigation into Google's PaLM model.   A separate interview on the same topic, with Jorge Garcia Herrero, was released last week on our Spanish-language channel. References: Do LLMs 'store' personal data? This is asking the wrong question (Lokke Moerel, Marijn Storm) Lokke Moerel on LinkedIn Lokke Moerel, Morrison & Foerster  EDPB opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models Discussion Paper: Large Language Models and Personal Data (Hamburgische Beauftragte für Datenschutz und Informationsfreiheit) Large Language Models do not store personal data: the LLM discussion paper of Hamburg's DPA with Dr. Markus Wünschelbaum (PrivacyPod) Data Protection Commission launches inquiry into Google AI model (DPC) ChatGPT provides false information about people, and OpenAI can't correct it (NOYB) Report of the work undertaken by the EDPB ChatGPT Taskforce (May 2024) [ES] Jorge García Herrero: ¿Contienen datos personales los LLM? ¿Cómo aplicamos el RGPD a los sistemas de IA generativa? (Masters of Privacy)

FedSoc Events
Corporations, Securities, & Antitrust: The Future of Antitrust

FedSoc Events

Play Episode Listen Later Nov 26, 2024 100:47


Critics have raised concerns about the inadequacy of the consumer welfare standard for the 21st century, while others defend the standard as a proven and manageable test. Has the focus on consumer welfare led to under-enforcement? Is there an objective and administrable alternative to replace it? This panel will discuss which approach to antitrust is best and ways forward to increase U.S. competitiveness and economic growth.Featuring:Mr. Adam Cella, Chief Counsel for the Administrative State, Regulatory Reform, and Antitrust, House Committee on the Judiciary Mr. Thomas DeMatteo, General Counsel, Senate Judiciary CommitteeMr. Michael Kades, Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice Mr. Christopher Mufarrige, Chief of Staff and Attorney Advisor, FTC Commissioner Melissa HolyoakMr. Alex Okuliar, Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group, Morrison FoersterModerator: Hon. Jennifer Walker Elrod, Judge, United States Court of Appeals, Fifth Circuit

MoFo Perspectives Podcast
When Your Life Sciences Are on the Line: Life Sciences and Food + Agriculture

MoFo Perspectives Podcast

Play Episode Listen Later Nov 19, 2024 27:09


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 Lawfare Podcast
Lawfare Daily: The New Program to Protect Americans' Bulk Data from Foreign Exploitation, with DOJ's Devin DeBacker

The Lawfare Podcast

Play Episode Listen Later Nov 8, 2024 49:15


Today, Lawfare General Counsel and Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with Devin DeBacker, the Chief of the Foreign Investment Review Section at the U.S. Department of Justice, to talk about the new program his office is setting up regulating foreign transactions involving bulk data on Americans.Together, they discussed the contours of the new regulatory program, what sorts of exploitation of Americans' data it aims to prevent, and how it intersects with other steps Congress has taken, including the recent Protecting Americans' Data from Foreign Adversaries Act.This episode is part of our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

MoFo Perspectives Podcast
When Your Life Sciences Are on the Line: Cybersecurity

MoFo Perspectives Podcast

Play Episode Listen Later Oct 15, 2024 30:55


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.

AHLA's Speaking of Health Law
AI in Health Care: Case Law and Enforcement Trends

AHLA's Speaking of Health Law

Play Episode Listen Later Oct 15, 2024 36:05 Transcription Available


Nathaniel Mendell, Partner, Morrison Foerster, Kristopher Hult, Principal, Charles River Associates, and Jonathan Porter, Partner, Husch Blackwell, discuss some hot topics related to artificial intelligence in health care and accompanying case law trends. They cover issues related to antitrust, patient facing applications, claims processing and claims maximization, and enforcement efforts. Nathaniel, Kristopher, and Jonathan spoke about this topic at AHLA's 2024 Complexities of AI in Health Care in Chicago, IL.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

The Lawfare Podcast
Lawfare Daily: How the FCC is Tackling National Security with Enforcement Bureau Chief Loyaan Egal

The Lawfare Podcast

Play Episode Listen Later Oct 9, 2024 54:11


For today's episode, Loyaan Egal, the Chief of the Enforcement Bureau at the Federal Communications Commission (“FCC”), sat down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss the FCC's growing but often underappreciated role in advancing U.S. national security. They covered how the FCC's mandate intersects with U.S. national security concerns, how the FCC is tackling cutting-edge issues ranging from undersea cables to artificial intelligence-enabled election interference, and what other national security challenges the FCC is looking out for on the horizon. This episode is part of our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Legal Speak
Live from WIPL Awards with Lisa Phelan

Legal Speak

Play Episode Listen Later Oct 7, 2024 3:57


The Women, Influence & Power in Law Awards 2024 honors top women lawyers who have made a remarkable difference in the legal profession. It honors the trailblazers, advocates, and leaders who have demonstrated exceptional skill, dedication, and commitment to advancing equality. From breaking barriers in the workplace to championing important causes in our communities, these remarkable women inspire us all.    This year the awards were held at the WIPL conference in Chicago and Legal Speak spoke to some of the winners.  In this episode, host Cedra Mayfield spoke with Lisa Phelan, the Co-Chair, Global Antitrust Practice at Morrison & Foerster.  Lisa received a Lifetime Achievement award.

Control Risks
In Re: CFIUS and the 2024 US election

Control Risks

Play Episode Listen Later Oct 3, 2024 31:21


How might the Committee on Foreign Investment in the United States (CFIUS) change depending on the outcome of the 2024 US presidential election?   Join Jerry Fowler, a director who leads our CFIUS and National Security practice in Washington, DC, for a conversation with James Brower, a partner in Morrison Foerster's Litigation Department. They discuss how CFIUS operated during former President Donald Trump's first term, how it has functioned under the Biden-Harris administration, and how businesses and investors can prepare for what CFIUS might look like post-election.   Find out how we an support your organisation with risks related to CFIUS

The Lawfare Podcast
Lawfare Archive: Foreign Agents and the Barrack Indictment

The Lawfare Podcast

Play Episode Listen Later Sep 29, 2024 38:31


From September 21, 2022: This past Monday, the criminal trial of Thomas Barrack began in federal court in the Eastern District of New York. Barrack, who served as an informal advisor to the 2016 Trump campaign and then as chair of Trump's inaugural committee, is alleged to have acted as a foreign agent of the United Arab Emirates. According to the indictment, Barrack acted as a back channel for the UAE to influence U.S. foreign policy.Lawfare executive editor Natalie Orpett sat down with Alex Iftimie, a partner at the law firm Morrison Foerster, and a former Department of Justice attorney specializing in national security matters, including the Foreign Agents Registration Act, or FARA, and related statutes. They discussed the case against Barrack, the significance of the charges to broader enforcement strategy, and why foreign influence matters for U.S. national security.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
471: Life as a Trial Lawyer (w/Jim Brosnahan)

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

Play Episode Listen Later Sep 23, 2024 29:38 Transcription Available


Welcome back to the Law School Toolbox podcast! Today, we're speaking with Jim Brosnahan – a longtime Morrison Foerster trial lawyer and author of Justice at Trial – about life as a trial lawyer and the skills you'll need to succeed in this profession. In this episode we discuss: Introduction to our guest, Jim Brosnahan, and his latest book, Justice at Trial Challenges and rewards of life as a trial lawyer With trials being so limited these days, is this a viable career path for newer lawyers? The process of developing public speaking skills BigLaw interview tips for aspiring lawyers Resources: JimJBrosnahan.com (https://www.jimjbrosnahan.com/) LinkedIn: Jim Brosnahan (https://www.linkedin.com/in/jim-brosnahan/) Justice at Trial: Courtroom Battles and Groundbreaking Cases, by James J. Brosnahan (https://www.amazon.com/Justice-Trial-Courtroom-Battles-Groundbreaking/dp/153817443X/ref=sr_1_1) Podcast Episode 13: What Do Lawyers Argue About? (https://lawschooltoolbox.com/podcast-episode-13-lawyers-argue/) Podcast Episode 53: Acing Oral Arguments in Law School (https://lawschooltoolbox.com/podcast-episode-53-acing-oral-arguments-law-school/) Podcast Episode 103: Setting Yourself Up to Be a Mock Trial Rockstar (with Sara O'Connor) (https://lawschooltoolbox.com/16182-2/) Debate and the Law: 3 Lessons from Competing in and Judging Debate (https://lawschooltoolbox.com/debate-and-the-law-3-lessons-from-competing-in-and-judging-debate/) Learning Your Courthouse (https://lawschooltoolbox.com/learning-your-courthouse/) Surviving Your First Oral Argument (https://lawschooltoolbox.com/surviving-your-first-oral-argument/) Why You Should Attend a Court Hearing (https://lawschooltoolbox.com/why-you-should-attend-a-court-hearing/) How to "Drop the Mic" on Your First Moot Court Argument (https://lawschooltoolbox.com/how-to-drop-the-mic-on-your-first-moot-court-argument/) Download the Transcript  (https://lawschooltoolbox.com/episode-471-life-as-a-trial-lawyer-w-jim-brosnahan/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode! Thanks for listening! Alison & Lee

MoFo Perspectives Podcast
When Your Life Sciences Are on the Line: Product Liability and Mass Torts

MoFo Perspectives Podcast

Play Episode Listen Later Sep 11, 2024 17:53


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.

The Attorney Lounge
Russell Hill - An Inspirational Story of Success and Determination

The Attorney Lounge

Play Episode Listen Later Aug 19, 2024 72:00


Russell Hill joins Brian Roberts in The Attorney Lounge to share his background growing up in a blue-collar family and his military career before transitioning to law. He discusses his experience in the military, including his time in the National Guard and later in the Marine Corps. He talks about the physical demands of military training, including jumping out of airplanes, and shares a harrowing experience of a parachute jump gone wrong. Russ also explains how he transitioned from the military to pursuing a career in law, including earning one of the top LSAT scores in the country and acceptance into many top law schools, eventually choosing to attend UC Berkeley School of Law on a full tuition scholarship. During law school, Russ worked on Law Review and finished near the top of his class. Following graduation, he took a position as an intellectual property attorney at Morrison Foerster and later at Howrey. He then transitioned in-house counsel at Lenovo, where he eventually became the Chief IP Counsel. After Lenovo, he joined a helicopter company in Vancouver, Canada, to prepare it for an IPO. However, the company faced a major setback when one of its aircraft crashed due to a manufacturing defect. Despite the challenges, Russ successfully navigated through various roles and built a strong legal team. Russ then became Deputy General Counsel and Chief Compliance Counsel at Logitech and he talks about the supportive and inspiring leadership at Logitech and the opportunities he had to work on major transactions. While at Logitech, Russ describes how he survived a life-threatening bicycle accident where he broke 12 vertebrae and severed his spinal cord leaving him paralyzed. Russ shares how his military background and fighting spirit helped him survive through the accident and recovery process. His incredible spirit and determination are truly inspiring and Russ highlights the importance of giving back and his involvement as a Board member with the Micronutrient Forum. Russ's story is a testament to resilience, determination, positive energy and the power of a supportive community.

MoFo Perspectives Podcast
Above Board: Developments in DEI Litigation and Enforcement

MoFo Perspectives Podcast

Play Episode Listen Later Jul 15, 2024 31:44


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.

MoFo Perspectives Podcast
When Your Life Sciences Are on the Line: FTC's Final Noncompete Rule

MoFo Perspectives Podcast

Play Episode Listen Later Jun 30, 2024 27:23


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.

Careers and the Business of Law
Episode 05 of Legal Data Intelligence Series, Meet Chris Acosta, Director of eDiscovery Resources at Morrison Foerster

Careers and the Business of Law

Play Episode Listen Later Jun 11, 2024 27:50


In episode 05 of Careers and the Business of Law: Legal Data Intelligence Series, Chris Acosta talks with David about his journey from managing eDiscovery at law firms like Naasiman and Ogletree to leading Legal Data Intelligence at MoFo. He shares about the rapidly changing landscape post-COVID, the birth of LDI as a framework to tackle "redundant, obsolete, and trivial data (ROT)," and how his mentors shaped his leadership style. Chris highlights the importance of strategic business partnerships, the merging of privacy, compliance, and security in data management, and the three superpowers every legal data intelligence pro should have: adaptability, collaboration, and a strategic mindset. Highlights: Chris Acosta discusses the evolving field of Legal Data Intelligence, pointing out the integration of privacy, security, and compliance into data management. He explains how the Legal Data Intelligence (LDI) framework was developed to manage "redundant, obsolete, and trivial" (ROT) data, enhancing strategic business partnerships. Chris balances his professional life with personal interests like jujitsu and enjoys Phoenix's "If I Ever Feel Better," highlighting his educational background and passion for continuous learning. Mentions: MoFo (Morrison & Foerster LLP): mofo.com Ogletree Deakins: ogletree.com Phoenix (Band): wearephoenix.com Villanova University: villanova.edu Johns Hopkins University: jhu.edu UC Irvine: uci.edu University of Illinois: illinois.edu Entourage (TV Show): IMDb Page Outro Song: If I Ever Feel Better

MoFo Perspectives Podcast
When Your Life Sciences Are on the Line: Privacy and Security Enforcement Trends

MoFo Perspectives Podcast

Play Episode Listen Later Jun 2, 2024 23:04


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.

Sanctions Space
John Smith and Chloe Cina on the Sanctions Enforcement Landscape

Sanctions Space

Play Episode Listen Later May 20, 2024 18:45


‘It's one of the most important developments I think you'll see coming out of the US in terms of sanctions enforcement, probably for years' -John Smith on the extension of OFAC's statute of limitations to 10 years for sanctions violations. In the latest episode of the Sanctions Space Podcast, Justine is joined by John Smith, co-head of Morrison Foerster's National Security practice and former Director of OFAC, and Chloe Cina, Partner at Morrison Foerster. They discuss the evolving sanctions enforcement landscape (across both the US and Europe), the extension to 10 years for statute of limitations for sanctions violations in the US and the resulting impact for industry, and the potential sanctions implications of the upcoming US elections. John E. Smith, former Director of the U.S. Treasury Department's Office of Foreign Assets Control (OFAC), is co-head of Morrison Foerster's National Security practice, and a member of the Crisis Management group and Investigations + White Collar group. After serving 11 years as a top official at OFAC and three years as its Director, Mr. Smith brings to the firm unmatched experience in economic sanctions, enforcement, and national security. Read John's bio here:https://www.mofo.com/people/john-smith. Chloe Cina is a partner in the London office of Morrison Foerster with unrivalled experience in EU and UK economic sanctions and export control measures. She has nearly two decades of experience in litigating and advising on complex national security issues, both within government and in-house at two leading global financial institutions. Read Chloe's bio here:https://www.mofo.com/people/chloe-cina.

MoFo Perspectives Podcast
Above Board: SEC Enforcement - Control Violations and Compliance Best Practices

MoFo Perspectives Podcast

Play Episode Listen Later May 14, 2024 25:47


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.

Ventured Growth with Hercules Capital
#31 - Dynamics of Venture Debt: Balancing Legal and Business Objectives | David Ephraim

Ventured Growth with Hercules Capital

Play Episode Listen Later May 9, 2024 26:57


Navigating the intricate world of venture debt requires a deep understanding of both the legal landscape and financial imperatives. David Ephraim from Morrison & Foerster brings over two decades of experience to the table, making him a leading authority on structuring deals that align legal precision with business innovation.This episode, hosted by Janice Bourque from Hercules Capital, engages David Ephraim in a discussion about the nuances of venture debt, including how negotiations are framed, the roles of various stakeholders, and the essential strategies for overcoming common challenges. David also provides forward-looking insights into how the field might evolve in the coming years.Topics include:Overview of venture debt and its importanceDetailed look at negotiation processes in venture debtHow legal and business issues intertwine in these negotiationsThe importance of strategic foresight in financial planningDavid's perspectives on the future of venture debtDavid Ephraim is the co-chair of Morrison Foerster's Transactions Department and managing partner of their Boston office. He specializes in various aspects of secured lending, including venture debt, fund finance, and cross-border financing transactions. David's expertise ensures sophisticated solutions for banks, institutional lenders, and private funds, making him a pivotal figure in the financial industry.Join us on today's episode, where David Ephraim's expertise offers invaluable perspectives on the nuanced processes that underpin successful venture debt strategies, providing our listeners with guidance for navigating these essential financial instruments.

The Lawfare Podcast
Lawfare Daily: From Cranes to TikTok, from AI to Connected Cars: Protecting U.S. Information and Communications Technology and Services

The Lawfare Podcast

Play Episode Listen Later May 2, 2024 43:11


What do port cranes, TikTok, artificial intelligence, and connected vehicles have in common? They may all be subject to regulation by a new office within the Department of Commerce: the Office of Information and Communications Technology and Services (OICTS). Between 2019 and 2023, the president issued multiple executive orders aimed at securing the United States' information and communications technology and services. They focused on the supply chain, cybersecurity, sensitive data of U.S. persons, and artificial intelligence. And in 2023, OICTS was created to implement them.Executive Editor Natalie Orpett and Contributing Editor Brandon Van Grack spoke with the Office's Executive Director, Elizabeth Cannon. They talked about the Office's recent activities, who it regulates, and how it sets priorities. This is the latest episode in our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which we talk with senior government officials working at the front lines of U.S. national security policy.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Law You Should Know
Speaking With Impact

Law You Should Know

Play Episode Listen Later May 1, 2024 27:50


Ken Landau talks with Trial Lawyer Jim Brosnahan, of the international law firm of Morrison Foerster, who offers tips to lawyers and clients on Speaking with Impact.  He is the author of "Justice At Trial."

Minimum Competence
Legal News for Mon 4/22 - SCOTUS Revisits Homelessness, Big Law Recruiting 1Ls, Trump's First Criminal Trial Begins

Minimum Competence

Play Episode Listen Later Apr 22, 2024 9:25


This Day in Legal History: Harlan Fiske Stone DiesOn April 22, 1946, the United States Supreme Court lost one of its distinguished jurists, Chief Justice Harlan Fiske Stone, who died unexpectedly at the age of 73 while still serving on the bench. Appointed as Chief Justice in 1941 by President Franklin D. Roosevelt, Stone had originally been nominated to the Court as an Associate Justice in 1925 by President Calvin Coolidge. His tenure as Chief Justice was marked by a strong commitment to the principles of judicial restraint and a profound respect for the Constitution.Stone's legal philosophy was notably pragmatic and centered on a belief in judicial deference to the decisions of Congress and the executive, except in clear cases of constitutional violation. This approach was reflective of his broader views on the role of the judiciary in American democracy, emphasizing that courts should not interfere with policy decisions unless absolutely necessary. Under his leadership, the Court navigated through complex issues including war-time rights, separation of powers, and economic regulation.Chief Justice Stone is particularly remembered for his opinion in the landmark case of United States v. Darby in 1941, which upheld the Fair Labor Standards Act and marked a departure from the Court's earlier resistance to extensive federal regulation of the economy. This decision demonstrated his nuanced understanding of the balance between state and federal powers and his support for broader legislative authority in economic matters.During his time as Chief Justice, Stone also oversaw the filling of all seats on the Court, shaping its composition and, indirectly, its jurisprudence. He was instrumental in fostering a collegial atmosphere among the justices, despite the ideological differences that often characterized the Court's deliberations.Stone's sudden death, from a cerebral hemorrhage suffered during a public session of the Court, marked a dramatic close to a career deeply embedded in the fabric of American legal history. His death underscored his dedication to his role, having served until his very last moments. His legacy is reflected in the decisions and directions the Court took under his stewardship, especially in the affirmation of federal power and the protection of civil liberties.Harlan Fiske Stone's era as Chief Justice was a pivotal period in the Supreme Court's history, reflecting a transition in American jurisprudence from strict constitutional literalism to a more flexible, interpretative approach that considered the realities of a changing society. His leadership helped steer the Court through the turbulence of the Great Depression, World War II, and the beginning of the Cold War, leaving a lasting impact on the judicial landscape of America.The U.S. Supreme Court is revisiting the issue of homelessness for the first time in 40 years, taking up the case of Grants Pass v. Johnson. This case emerges from a small city in Oregon, known for its natural beauty, where local ordinances impose fines on individuals sleeping in public with bedding, a matter now being evaluated under the Eighth Amendment's clause against cruel and unusual punishment. Grants Pass, despite its growth and beauty, lacks permanent public shelters, leading homeless advocates to support the removal of such punitive measures due to the absence of housing alternatives.The city argues that such issues should remain under local and state jurisdiction, allowing for more creative, localized solutions. Meanwhile, opposing voices, including various scholars and homelessness advocates, argue that these laws unfairly penalize the involuntarily homeless and potentially shift focus from penalization to more constructive solutions like increasing housing availability. This case could set a significant legal precedent affecting how municipalities nationwide address homelessness.The Ninth Circuit Court previously struck down the Grants Pass ordinances, siding with those who argued that without sufficient shelter space, individuals have no choice but to sleep outside, thus making the city's fines for public sleeping inherently unjust. The Supreme Court's prior engagement with homelessness was decades ago, focusing more on protest rights than the broader implications of homelessness laws.With homelessness rates at a record high across the U.S., the outcome of this case could redefine the legal landscape surrounding how cities manage their homeless populations. It reflects a critical juncture where the judiciary may redefine the boundaries of local governance in dealing with social crises, especially when it comes to balancing punitive measures with human rights considerations.Supreme Court Tackles Homelessness for First Time in DecadesTop law firms are increasingly bypassing traditional on-campus recruiting events, opting to engage directly with potential recruits earlier in their academic careers. This shift, driven by the desire to secure top talent before competitors, involves firms offering positions to law students before they complete their first year, significantly ahead of the usual on-campus interviews (OCI) controlled by law schools and the National Association for Law Placement (NALP). As a result, firms like Morrison Foerster indicate that direct hires might comprise about half of their new class, as waiting for OCIs might cause them to miss out on desirable candidates.This trend has led to a snowball effect with other major firms like Weil Gotshal & Manges and Jones Day opening their applications for summer programs well before traditional timelines, sometimes as early as mid-April. This causes them to make hiring decisions based on a smaller academic record, compressing the timeline for law students to decide their career paths. Moreover, the pandemic has facilitated a shift towards virtual interviews, further speeding up the recruitment process and allowing more firm partners to participate without the logistical challenges of travel.However, this compressed timeline poses challenges both for students, who have less time to understand their legal careers fully, and for firms, which must ensure they are still hiring candidates who will succeed in the long term. To adapt, some firms, like Morrison Foerster, are considering incorporating new assessments or writing exercises into their interview processes.Law schools are also adjusting to this new landscape by moving their OCI sessions earlier, as seen at Howard University and other top schools like Yale and Stanford. This aligns more closely with the timing of firm applications, putting additional pressure on students to make quick decisions, often with incomplete information from their first year of studies.The changes in recruiting practices reflect a broader move towards a more aggressive, market-driven approach to hiring, emphasizing efficiency and early engagement with potential hires. This evolution in the legal recruitment field underscores the competitive nature of hiring for prestigious law firms and the significant impact these early decisions can have on the careers of young lawyers.Big Law Skips Ahead of On-Campus Recruiting in Race for TalentThe criminal trial of former U.S. President Donald Trump has commenced in New York, marking the first-ever trial of a former president. Trump faces 34 counts of falsifying business records, related to a $130,000 payment made to porn star Stormy Daniels by his former lawyer, Michael Cohen. This payment, intended to ensure Daniels' silence about an alleged sexual encounter with Trump, is accused of misleading voters during the critical final stages of the 2016 presidential campaign. Trump has denied the allegations, pleading not guilty to all charges.Prosecutors are presenting this case as part of a larger "catch and kill" strategy, where Trump, along with Cohen and David Pecker, former CEO of American Media, aimed to suppress damaging stories prior to the 2016 election. This strategy reportedly included payments to Daniels and former Playboy model Karen McDougal, both intended to prevent stories about Trump's extramarital affairs from surfacing. American Media, under Pecker's leadership, admitted to these practices as part of a non-prosecution agreement.The trial will feature testimony from Pecker and at least 20 other witnesses, with proceedings expected to last six to eight weeks. Cohen, a central figure in the case, may face credibility challenges due to his own legal history. Trump's defense argues that the payments were personal matters and not campaign-related expenditures.The legal battle unfolds as Trump remains a significant figure in American politics, actively campaigning for a return to the presidency in a tight race against Joe Biden. Despite the charges, Trump's political support among Republicans has surged. The trial's outcome could influence the broader political landscape, especially as Trump also faces other criminal charges related to different aspects of his political and post-presidential activities.Trump hush-money trial kicks off with opening statements in New York | ReutersTikTok has voiced concerns about a bill passed by the U.S. House of Representatives that could lead to a ban of the app if its Chinese owner, ByteDance, does not divest its stake within a specified timeframe. The bill, which saw a significant majority approval in the House, is now headed to the Senate and has the support of President Joe Biden. U.S. officials, including members from both major political parties and the Biden administration, argue that TikTok poses a national security risk due to potential data sharing with the Chinese government.TikTok, however, has refuted claims that it has shared or would share U.S. user data and insists that the bill infringes on the free speech rights of its 170 million American users. The company has likened the move to censorship, echoing its response to a previous state-level ban in Montana. Additionally, the American Civil Liberties Union and other free speech advocates have criticized the bill, suggesting it does not effectively counter the broader issues of data privacy and foreign disinformation efforts.Senator Mark Warner expressed concerns on national television about TikTok being used as a propaganda tool by the Chinese government, while others argue for the necessity of more robust data privacy legislation rather than a ban. Representative Ro Khanna mentioned that a ban might not hold up under legal scrutiny due to constitutional free speech protections. Amidst these debates, the bill aims to accelerate the divestiture process by setting a firmer deadline for ByteDance, underlining the ongoing geopolitical tensions surrounding technology and data security between the U.S. and China.TikTok says US House bill that could ban app would 'trample' free speech | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

Bribe, Swindle or Steal
Former Enforcement Officials Reflect on the Last Decade of Anti-Bribery Enforcement and its Future

Bribe, Swindle or Steal

Play Episode Listen Later Apr 17, 2024 44:05


This week on Bribe, Swindle, or Steal, we listen in on the lively presentation at the 2024 TRACE Forum featuring former enforcement officials, Charles Duross, Partner, Morrison Foerster, David Last, Partner, Cleary Gottlieb, and Mark Mendelsohn, Partner, Paul Weiss. Speaking with TRACE President, Alexandra Wrage, Chuck, David, and Mark discuss their time as Chiefs of the FCPA Unit and their experiences navigating heightened scrutiny and shifting resources, and then they offer their perspectives on what lies ahead.

MoFo Perspectives Podcast
When Your Life Sciences Are on the Line: Protecting Your Company's Trade Secrets

MoFo Perspectives Podcast

Play Episode Listen Later Apr 13, 2024 17:22


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.

The Lawfare Podcast
How the FBI is Combating Cyberattacks, with Brett Leatherman

The Lawfare Podcast

Play Episode Listen Later Mar 28, 2024 54:15


One of the gravest threats to U.S. national security today—and also one of the newest—is the risk of cyberattacks. They come in many forms, and they can incapacitate companies, institutions, and even the government. To better understand these threats—and how the government is responding to them­—Lawfare Executive Editor Natalie Orpett and Lawfare Contributing Editor Brandon Van Grack sat down with Brett Leatherman, Deputy Assistant Director for Cyber Operations at the FBI. They discussed the FBl's recent operations, threats from both state actors and criminal gangs, and the role of the private sector in U.S. cybersecurity.This is the latest episode in our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which we talk with senior government officials working at the front lines of U.S. national security policy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

South Asian Trailblazers
SPECIAL LIVE EPISODE: Gurbir S. Grewal, Director of the SEC's Division of Enforcement

South Asian Trailblazers

Play Episode Listen Later Mar 28, 2024 81:00


In this special edition of South Asian Trailblazers,  Simi Shah hosts a LIVE podcast with Gurbir S. Grewal — the Director of the SEC's Division of Enforcement and former Attorney General of New Jersey — at the law offices of Morrison Foerster in New York City. WATCH this episode on YouTube.This event was proudly hosted in partnership with global law firm, Morrison Foerster and The South Asian Bar Association of New York (SABANY). SABANY is an organization devoted to the needs, concerns, and interests of lawyers of South Asian heritage in the New York Metropolitan Area. South Asian Trailblazers is a media company, community, and talent agency dedicated to elevating leading South Asians. To learn about future events and upcoming episodes, subscribe to our newsletter at SouthAsianTrailblazers.com and follow us on Instagram, LinkedIn, Facebook, and YouTube. Our episodes are available on Apple, Spotify, and all major podcast platforms.About Gurbir S. Grewal:  Gurbir S. Grewal is the Director of the Division of Enforcement at the U.S. Securities and Exchange Commission – the SEC. Before joining the Commission in 2021, he served as the Attorney General for the State of New Jersey – becoming the first-ever Sikh and second-ever South Asian American to serve as state attorney general in American history. Prior to this role, Gurbir held the role of Bergen County Prosecutor, the chief law enforcement officer for New Jersey's most populous county.  In this capacity, he concentrated on fighting the opioid epidemic and white-collar crime. Earlier in his career, Gurbir served as an Assistant United States Attorney for the District of New Jersey, where he was the Chief of the Economic Crimes Unit. He also spent time as an Assistant United States Attorney for the Eastern District of New York, where he was assigned to the Business and Securities Fraud Unit. Gurbir began his career in law in private practice at Howrey LLP. He holds a J.D. from the College of William & Mary Marshall-Wythe School of Law, and a B.S. in Foreign Service from Georgetown University. Please join me in welcoming Director Gurbir S. Grewal.For more episodes, visit us at southasiantrailblazers.com. Subscribe to our newsletter to get new episodes and updates on our latest events in your inbox. Follow us @southasiantrailblazers on Instagram, LinkedIn, Facebook, and Youtube.

The Lawfare Podcast
Sanctions Past, Present, and Future with OFAC Director Brad Smith

The Lawfare Podcast

Play Episode Listen Later Feb 29, 2024 61:24


Over the past several decades, financial sanctions have become one of the most widely used tools in the U.S. foreign policy arsenal. And since Russia's invasion of Ukraine two years ago, the Biden administration has wielded them in a number of innovative ways. At the same time, some of these uses have also triggered concerns about U.S. overreach, something that could have consequences for both U.S. national security and the health of the U.S. economy. To better understand how the U.S. government is approaching its financial sanctions policies today, Lawfare Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with the man who manages them: Brad Smith, the Director of the Office of Foreign Assets Control (or “OFAC”) at the U.S. Department of the Treasury. A veteran of U.S. sanctions policy, Smith walked through some of the history of sanctions, lessons the Biden administration has learned from past efforts, and how these lessons are being applied to new challenges, including from Russia. This is the latest entry in our special “The Regulators” series, co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with some of the senior officials working at the front lines of U.S. national security policy. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

MoFo Perspectives Podcast
Above Board: Regulatory and Enforcement Trends in the Life Sciences and Healthcare Industries

MoFo Perspectives Podcast

Play Episode Listen Later Oct 27, 2023 18:35


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.

MoFo Perspectives Podcast
Above Board: What Boards and GCs Need to Know about Cyber Attacks

MoFo Perspectives Podcast

Play Episode Listen Later Oct 1, 2023 16:26


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.

Gin & Justice
Jim Brosnahan: Justice at Trial

Gin & Justice

Play Episode Listen Later Sep 12, 2023 64:41


On this week's episode of Gin &Justice,  Justine and Amanda discuss some concerning news out of Georgia. Then they chat with Jim Brosnahan. Jim is quite the accomplished Attorney, and super humble. He practiced law as a trial lawyer for over 60 years: five years as a Federal Prosecutor, 55 years in private practice, with 47 years at the law firm of Morrison Foerster. He is also an Author and he tell us all about his new book Justice at Trial.For more information on Jim: https://www.jimjbrosnahan.com/Justice at Trial:https://www.amazon.com/Justice-Trial-Courtroom-Battles-Groundbreaking/dp/153817443XOther source material:Another inmate dies at Fulton County Jail, 10th inmate death this year-https://abcnews.go.com/US/inmate-dies-fulton-county-jail-atlanta-10th-death-this-year/story?id=102974414Don't forget to leave us a review and follow us on social media!https://www.ginandjusticepodcast.comhttps://www.facebook.com/GinAndJustice/IG: @ginandjusticepodcastTwitter: Gin_JusticePodTikTok: Gin_and_Justice

Caveat
Encore: Follow the money along the blockchain.

Caveat

Play Episode Listen Later Aug 10, 2023 56:16


Guest Alex Iftimie of Morrison Foerster to discuss how the Department of Justice seized nearly $500,000 in ransomware payments made to a North Korean hacking group that targeted U.S. medical providers. Dave and Ben have some follow-up about GitHub Copilot from listeners Micah and Steve. In his story, Ben explores the potential legal and policy issues surrounding the new AI chatbot, ChatGPT. Dave has a case which questions the legality of livestreaming the police. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  The Brilliance and Weirdness of ChatGPT Threatened with jail for live-streaming traffic stop, he sued Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Lawfare Podcast
Ass't Treasury Secretary Paul Rosen on the CFIUS Process

The Lawfare Podcast

Play Episode Listen Later Jul 6, 2023 48:29


The Committee on Foreign Investment in the United States, or CFIUS, is one of the most important national security offices that you have probably never heard of. Responsible for reviewing foreign investment in the United States for possible national security threats, its jurisdiction and scope of work has expanded dramatically in recent years—and may be on the verge of expanding once again, as the Biden administration considers installing similar measures for outbound U.S. investment.To discuss, Lawfare Contributing Editor Brandon Van Grack and Lawfare Senior Editor Scott R. Anderson sat down with Assistant Treasury Secretary for Investment Security Paul Rosen, whose office oversees the CFIUS process, for the first of what we are calling “The Regulators”: a special series Lawfare is co-sponsoring with our friends at the law firm Morrison Foerster, where Brandon is a partner, featuring one-on-one discussions with the senior officials that are implementing our new era of economic statecraft. They discussed how the CFIUS process works in practice, how it's changed, and what challenges sit on the horizon, both for U.S. policymakers and the businesses they interact with.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Lawfare Podcast
Alex Iftimie on DOJ's Recent Cyber Disruption Efforts

The Lawfare Podcast

Play Episode Listen Later May 19, 2023 42:11


Over the past two weeks, the Department of Justice has issued two press releases announcing disruption efforts it has taken against malicious cyber actors. One operation involved the disruption of Russia's so-called Snake Malware Network, and the other involved the indictment of a Russian national for ransomware attacks on critical infrastructure. To talk about these disruption efforts, Lawfare Senior Editor Stephanie Pell sat down with Alex Iftimie, Partner at the law firm Morrison Foerster, and a former federal prosecutor in the National Security and Cyber Crimes Units in the U.S. Attorney's Office for the Eastern District of Virginia. They talked about the operational details and sophistication of some aspects of these disruption operations, the significance and relationship of these operations to other disruption efforts, and how these recent efforts fit into the broader picture of the DOJ's and the U.S. government's efforts to disrupt malicious cyber actors. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Public Health On Call
598 - A Court Decision Reducing Access to Preventive Services Under the Affordable Care Act

Public Health On Call

Play Episode Listen Later Apr 10, 2023 20:52


A U.S. district court in Texas issued a ruling limiting the scope of the Affordable Care Act's requirements for coverage of preventive services. On today's podcast, Joe Palmore, a former assistant to the Solicitor General at the U.S. Department of Justice and current co-chair of the Appellate and Supreme Court Practice Group at the law firm Morrison Foerster, talks to Dr. Josh Sharfstein about the Braidwood Management Inc versus Becerra case, its consequences, and what comes next.

The Lawfare Podcast
Alex Iftimie on the DOJ Disruption of the Hive Ransomware Group

The Lawfare Podcast

Play Episode Listen Later Feb 9, 2023 32:43


On January 26, the Department of Justice held a press conference to announce its months-long disruption campaign against the Hive ransomware group that has targeted more than 1,500 victims in over 80 countries around the world, including hospitals, school districts, financial firms, and critical infrastructure. In July 2022, the FBI penetrated Hive's computer networks, captured its decryption keys, and, over the course of the ensuing months, offered the decryption keys to victims worldwide, preventing these victims from having to pay $130 million in ransom that Hive demanded. To talk about this disruption operation, Lawfare senior editor Stephanie Pell sat down with Alex Iftimie, partner at the law firm Morrison Foerster and a former federal prosecutor in the National Security and Cyber Crimes Units in the U.S. Attorney's Office for the Eastern District of Virginia. They talked about how the Hive ransomware group operated, the significant aspects of this disruption operation, and how this disruption operation fits into the broader picture of U.S. government efforts to disrupt ransomware groups and actors.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Lawfare Podcast
Foreign Agents and the Barrack Indictment

The Lawfare Podcast

Play Episode Listen Later Sep 21, 2022 38:00


This past Monday, the criminal trial of Thomas Barrack began in federal court in the Eastern District of New York. Barrack, who served as an informal advisor to the 2016 Trump campaign and then as chair of Trump's inaugural committee, is alleged to have acted as a foreign agent of the United Arab Emirates. According to the indictment, Barrack acted as a back channel for the UAE to influence U.S. foreign policy. Lawfare executive editor Natalie Orpett sat down with Alex Iftimie, a partner at the law firm Morrison Foerster, and a former Department of Justice attorney specializing in national security matters, including the Foreign Agents Registration Act, or FARA, and related statutes. They discussed the case against Barrack, the significance of the charges to broader enforcement strategy, and why foreign influence matters for U.S. national security. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.