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Sidley Austin LLP
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AHLA's Speaking of Health Law
HHS’ Withdrawal of the Richardson Waiver and New Statement of Organization: What Does It Mean for the Health Care Industry?
In March, the Department of Health and Human Services (HHS) withdrew the Richardson Waiver, a policy under which HHS voluntarily undertook notice-and-comment rulemaking in circumstances where it wouldn’t otherwise need to. HHS also issued a new Statement of Organization for the Office of the General Counsel (HHS-OGC), which, among other things, may signal an effort to consolidate and expand HHS-OGC’s authority. Jaime Jones, Partner, Sidley Austin LLP, and Brenna Jenny, Partner, Sidley Austin LLP, discuss HHS’ potential rationale for these changes and the implications for the health care industry. During the first Trump Administration, Brenna Jenny served as the...
2025-04-29
28 min
The Sidley Podcast
How Companies Can Navigate Uncertainty Amid Tariffs and Government Cuts
The GOP majority in Congress is looking to build on the Trump administration’s political and policy agenda, prioritizing tax cuts, energy reform, and border security, but tariffs could provoke a trade war that has already roiled the market and international business. Meanwhile, the administration is implementing major cuts to federal agencies — including the FDA, HHS, and NIH — and calling into question the breadth of research and development for the life sciences industry in the United States.What’s in store for businesses in the days and weeks ahead? Will the impending budget reconciliation process go smoothly? And how...
2025-04-22
34 min
Swimming with Allocators
Is the Future of Venture Capital in the Hands of Emerging Managers? Featuring Laura Thompson of Sapphire Partners and OpenLP
Highlights from this week’s conversation include:Laura's Journey to Allocator (1:05)Differentiators of Sapphire Partners (6:35)Advice for New Allocators (9:54)Shifts in Manager Selection Focus (11:41)Understanding the Underwriting Process (14:57)Balancing Emerging and Established Managers (16:09)Characteristics of Successful Emerging Managers (18:04)The Importance of Fund Size and Strategy (20:11)Insider Segment: Trends in Venture Structures (27:11)Consolidation of Relationships in Fundraising (29:02)Emerging Managers and LP Categories (32:09)Evaluating Established Firms (35:26)Portfolio Construction Guidance (38:38)Reserves Strategy in Venture Capital (41:20)Challenges of Co-Investment Strategies (43:40)Sapphire's Resources for LPs (45:11)Importance of Feedback and Strategy (48:20)Final Thoughts and Takeaways (49:56)Sapphire Partners has been investing in early-stage venture ca...
2025-04-02
50 min
Original Jurisdiction
Leading A Biglaw Firm Through Interesting Times: Yvette Ostolaza
This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.We live in an interesting time for Biglaw—in the ironic sense that “interesting” is used in the famous saying, “may you live in interesting times” (whose origin is disputed). Today is a time of unique cha...
2025-03-26
35 min
Mutual Fund Minute
Reimagining the Investment Company Act of 1940, Part II
In this episode of Mutual Fund Minute, Paul Cellupica, the General Counsel of the Investment Company Institute, and host Jay Baris continue to analyze the ICI’s proposals to revisit the Investment Company Act of 1940. They discuss the “retailization” phenomenon, revising the annual shareholder meeting requirement for closed-end funds, easing restrictions on co-investments among affiliated funds, and ways to address the growing popularity of interval funds.
2025-03-17
11 min
Mutual Fund Minute
Reimagining the Investment Company Act of 1940, Part I
In this episode of Mutual Fund Minute, Paul Cellupica, the General Counsel of the Investment Company Institute, joins Sidley’s Jay Baris to discuss the ICI’s proposals to modernize the Investment Company Act of 1940. The ICI’s report, called “Reimagining the 1940 Act: Key Recommendations for Innovation and Investor Protection,” outlines specific proposals to modernize regulations governing mutual funds, ETFs and other registered funds. Paul and Jay discuss the proposals and what they would mean for investment companies, independent fund directors and investment advisers.
2025-02-14
18 min
The Sidley Podcast
How a New U.S. Administration’s Policy Playbook May Impact Businesses
With the inauguration of President Donald Trump, the Republicans now control the White House, House of Representatives, and the Senate. That balance of power comes with its caveats: a GOP majority in the Senate may secure most of Trump’s cabinet picks. But the tight margins in the House may mean having to use executive orders to push through some policy priorities. Across the aisle, Democrats are re-grouping, and pinning their hopes on clawing back the House and Senate in the 2026 midterms. What’s in store for America’s relationship with other countries like China, Canada, Mexico, Russia, and Ukrain...
2025-01-31
30 min
Mutual Fund Minute
Discussing AI, Data, and Cyber Regulation in Europe With Sidley’s William Long, Part II
This week on Mutual Fund Minute, Sidley partner Jay Baris continues his conversation with William Long, the global co-chair of Sidley’s Privacy and Cybersecurity practice who also heads Sidley’s EU Data Protection group. Together, they discuss the application of AI and related risks involving investment managers arising out of the EU’s AI Act. This episode is part of an ongoing Mutual Fund Minute series focused on cybersecurity and AI.
2024-12-05
09 min
The Sidley Podcast
How SCOTUS is Shaping How We Do Business
The Supreme Court made monumental moves last term, discarding the Chevron doctrine, and scrambling how regulation of the environment, public health, and consumer protection has worked for 40 years. And it granted the president of the United States vast immunity from criminal prosecution, raising alarm over how that expanded power might take shape. As the United States emerges from election season, the Supreme Court faces potential challenges on many fronts. Will proposed reforms finally take shape to restore faith in the nation’s highest court? And how will SCOTUS rule on several new cases involving commercial law?J...
2024-11-14
40 min
Mutual Fund Minute
Discussing AI, Data, and Cyber Regulation in Europe With Sidley’s William Long, Part I
This week on Mutual Fund Minute, Sidley partner Jay Baris talks with William Long, the global co-chair of Sidley’s Privacy and Cybersecurity practice who also heads Sidley’s EU Data Protection group. William summarizes the world’s first artificial intelligence adopted by the European Union and its implications in Europe and the U.S. This episode is part of an ongoing Mutual Fund Minute series focused on cybersecurity and AI.
2024-11-01
08 min
Pioneers and Pathfinders
Dan Rabinowitz
We’re joined today by Dan Rabinowitz, founder and CEO of Pre/Dicta, which offers litigators AI tools that can forecast litigation timelines and provide accurate predictions for outcomes of motions. Dan has had many different roles in his legal journey. He started as a litigator at Sidley Austin LLP, and later became a trial attorney at the US Department of Justice. He then served as general counsel at a data science company, and went on to be associate general counsel, chief privacy officer, and the director of fraud analytics for WellPoint Military Care. With all of these experiences, Dan to...
2024-09-18
32 min
Mutual Fund Minute
Mutual Fund Directors Forum’s Carolyn McPhillips Celebrates the 100th Anniversary of the Mutual Fund, Part II
This week on Mutual Fund Minute, Sidley partner Jay Baris and Carolyn McPhillips, President at the Mutual Fund Directors Forum, continue celebrating the 100th anniversary of the American mutual fund. Carolyn shares her views on the oversight by fund directors, the SEC’s proposed mandatory swing pricing rule, issues relating to fund chief compliance officers, and the role that artificial intelligence plays in asset management.
2024-08-21
15 min
The Sidley Podcast
The Legal Battles Taking Shape in the Clash Over Internet Content
A federal law known as Section 230 has provided a powerful legal shield for internet companies for nearly three decades. Designed to “promote the internet,” it protects platforms from civil liability for content posted to their sites by third parties. But the measure is inspiring lawsuits from plaintiffs who say it allows internet companies to escape accountability for harmful content. With the Supreme Court once again refusing to rule on the section’s validity this term, and Congress on a bipartisan quest to reform it, issues involving the First Amendment, child safety and technology innovation are very much in play...
2024-08-21
39 min
Mutual Fund Minute
Mutual Fund Directors Forum’s Carolyn McPhillips Celebrates the 100th Anniversary of the Mutual Fund, Part I
This week on Mutual Fund Minute, Carolyn McPhillips, President at the Mutual Fund Directors Forum, joins Sidley partner Jay Baris to celebrate the 100th anniversary of the American mutual fund.
2024-07-22
13 min
The Sidley Podcast
How the Regulatory State May Change in the Aftermath of the SCOTUS Chevron Ruling
The Supreme Court has discarded the Chevron doctrine. In a decision overturning a four-decades-long precedent, the high court now says courts will no longer so easily defer to federal agency interpretations of the statutes they implement. The demise of so-called “Chevron deference” could upend the regulation of nearly all aspects of American commerce, opening the floodgates for litigation, with existing laws and future rulemaking up for grabs. And it will task agencies, corporations, environmental groups, and Congress with defining a new normal for administrative law. How will this affect regulated industries, and how should corporations respond? Join The S...
2024-07-10
28 min
Mutual Fund Minute
AI for the IA and the BD – What Advisers, Broker-Dealers and Fund Directors Should Know About Artificial Intelligence, Part II
This week on Mutual Fund Minute, Jay Baris continues his conversation about the growing interest in artificial intelligence for investment managers with Sidley’s Hardy Callcott and Nathan Greene. Hardy is a San Francisco-based partner in Sidley’s Securities Enforcement and Regulatory practice who focuses on securities and regulatory issues for broker-dealers, investment advisers, and mutual funds. Nathan, based in New York, heads Sidley’s Registered Funds practice.
2024-07-01
12 min
Mutual Fund Minute
AI for the IA and the BD – What Advisers, Broker-Dealers and Fund Directors Should Know About Artificial Intelligence, Part I
This week on Mutual Fund Minute, Jay Baris talks about the growing interest in artificial intelligence with Sidley’s Hardy Callcott and Nathan Greene. Hardy is a San Francisco-based partner in Sidley’s Securities Enforcement and Regulatory practice who focuses on securities and regulatory issues for broker-dealers, investment advisers, and mutual funds. Nathan, based in New York, heads Sidley’s Registered Funds practice.
2024-06-18
12 min
Mutual Fund Minute
Eric Pan of Investment Company Institute – 100th Anniversary of the Mutual Fund, Part II
In this episode of the Mutual Fund Minute, Sidley partner Jay Baris and Eric Pan, President and CEO of the Investment Company Institute, celebrate the 100th anniversary of the first American mutual fund. Eric shares his views on topics, including the SEC’s regulatory agenda, the role of AI in asset management, and ideas to modernize the Investment Company Act of 1940. Part 2 of 2 episodes.
2024-05-16
16 min
Mutual Fund Minute
Eric Pan of Investment Company Institute – 100th Anniversary of the Mutual Fund, Part I
In this episode of the Mutual Fund Minute, Sidley partner Jay Baris and Eric Pan, President and CEO of the Investment Company Institute, celebrate the 100th anniversary of the first American mutual fund. Eric shares his views on the challenges that funds, independent directors, and investors face in the current regulatory environment. Part 1 of 2 episodes.
2024-05-02
09 min
Mutual Fund Minute
UK and EU Fund Regulation in a Post-Brexit World
In this episode of Mutual Fund Minute, host and Sidley partner, Jay Baris, and Leonard Ng, head of Sidley's UK/EU Financial Services Regulatory group, discuss fund regulation in the United Kingdom and the European Union in a post-Brexit world.
2024-04-18
08 min
The Sidley Podcast
Buyer Beware: What to Know About the DOJ’s Policy on Self-Reporting in M&A
What happens when you buy somebody else’s problems? A new policy from the U.S. Department of Justice (DOJ) is encouraging companies to disclose the misconduct of the companies they buy. The DOJ says it won’t prosecute businesses that voluntarily report wrongdoing found during the mergers and acquisitions process. The government especially wants to detect misconduct that threatens national security or involves cybersecurity or foreign corruption. But detractors say the new rule could give a free pass to corporate crime. How do businesses know exactly what they should self-report both before and after a deal is do...
2024-04-16
16 min
Mutual Fund Minute
Chat With Commissioner Peirce, Part II
SEC Commissioner Hester M. Peirce sat down with Sidley partner Jay Baris to share her views on a wide range of topics concerning mutual funds and investment management. In this episode of the Mutual Fund Minute, Commissioner Peirce discusses the SEC’s proposed safeguarding rule, the Supreme Court’s Howey test, CCO liability and the future of crypto regulation, regulation of non-bank financial institutions, and the future of SEC regulation, among other issues. You can listen to the first part here: A Chat With Commissioner Peirce, Part I.
2024-04-08
19 min
The Sidley Podcast
Is Your Company Ready For the SEC’s New Climate Disclosure Rules? We Break Them Down.
The SEC had planned to usher in a new era of corporate disclosure but now it may be on hold. Its new rules would require public companies to report extensive climate-related information. They are intended to improve the consistency, comparability, and reliability of climate-related data and to provide detailed, decision-useful information for investors seeking company information before they invest.But already some states and business groups are mounting legal challenges, arguing the rules exceed the SEC’s statutory authority and violate the First Amendment. Environmental advocates are also suing, claiming the rules don’t go far enough. And...
2024-04-04
32 min
Mutual Fund Minute
Chat With Commissioner Peirce, Part I
SEC Commissioner Hester M. Peirce met with Sidley partner Jay Baris in Washington, D.C. to share her views on a wide range of topics concerning mutual funds and investment management. In this episode of the Mutual Fund Minute, Commissioner Peirce discusses the SEC’s approval of 11 exchange-traded products that will trade in bitcoin, the SEC’s regulatory agenda, proposed rules regulating predictive data analytics, and the overall fast pace of rulemaking.
2024-03-12
15 min
Mutual Fund Minute
Hedge Funds Trading Treasuries as Dealers
Are you now a securities dealer? The Securities and Exchange Commission (SEC) blurred the distinction between who is an investor or mere trader and who is a “dealer” for purposes of the Federal Securities Laws when it adopted final rules on February 6, 2024, defining activities that require someone to register as a “dealer” or a “government securities dealer.” By a 3-to-2 vote, the SEC approved rules that would require anyone that engages in a “regular pattern of buying and selling securities” that has the effect of providing liquidity to other market participants to register as a dealer under the Securities and Exchange Act...
2024-03-04
14 min
Mutual Fund Minute
A Milestone for the SEC and Bitcoin Investors
A divided U.S. Securities and Exchange Commission cautiously heralded a new crypto era, on January 10, 2024, when it approved by a 3 to 2 vote multiple exchange-traded products that invest directly in bitcoin for listing and trading. To get to this point, the Commission followed a long and rocky road. While the Commission’s approval was a cause for celebration in crypto world, and, of course, with bitcoin funds in waiting, it also left many people wondering why this took so long, while others said that the SEC’s approval could sacrifice investor protection. In this episode of the Mutua...
2024-02-05
09 min
The Sidley Podcast
Enforcement is on the Rise Against Non-Compete Agreements. Is Your Business Ready?
A whopping one in five workers in the U.S. has signed a non-compete agreement. Companies use these contracts to protect trade secrets, reduce employee turnover, and improve their business leverage. Detractors say non-competes decrease wages and are burdensome to workers. Private litigation is on the rise against non-competes and some states are now passing limits on their use. At the federal level, non-competes and other employment restrictions have drawn the attention of antitrust enforcers, as well as the Department of Labor and National Labor Relations Board. The Federal Trade Commission is also weighing a new rule t...
2024-01-31
29 min
Mutual Fund Minute
DOL Fiduciary Proposal
On Halloween 2023, the U.S. Department of Labor spooked the investment adviser world when it proposed rules that would redefine who is a fiduciary when someone provides investment advice for purposes of the Employee Retirement Income Securities Act of 1974 (ERISA). If adopted as proposed, these rules would greatly expand the categories of investment advice that would be subject to ERISA’s fiduciary standards.In this episode of the Mutual Fund Minute, host and Sidley partner Jay Baris, and Beth Dickstein, a Chicago-based partner in Sidley’s Employee Benefits and Executive Compensation practice, look at how these new rules...
2024-01-19
15 min
The Sidley Podcast
Is Your M&A Contract Vulnerable to Post-Closing Litigation? We Break it Down.
When an M&A deal closes, is it done? Not always. More and more disputes are arising after closing, which results in lost time and expense for both buyers and sellers as they realize they don’t actually have a done deal. Not all disputes after closing can be avoided, but their effects can be minimized with the right due diligence, transparency in the process, and knowing the mechanisms for resolving them efficiently. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on these...
2024-01-08
28 min
Mutual Fund Minute
FSB Risks of Nonbank Financial Institutions
The Financial Stability Board, or FSB, is laser-focused on money market funds, mutual funds, and private funds. Specifically, the FSB is concerned that leverage in these funds and other so-called nonbank financial institutions could lead to market volatility, and, worse, could destabilize the global financial system. In this episode of the Mutual Fund Minute, host and Sidley partner Jay Baris is joined by Joel Feinberg, co-leader of Sidley’s Banking and Financial Services practice, head of the firm’s Financial Institutions group in Washington D.C., and a member of the firm’s Executive Committee. Together, they discuss...
2024-01-03
12 min
Mutual Fund Minute
Why Me? How the SEC Decides Which Investment Adviser to Examine
Why me? And why now? That is usually the first thing an investment adviser asks when the Securities and Exchange Commission’s Division of Examinations comes knocking on the door. Understanding why the SEC chooses advisers for examinations at any given time could help the adviser better prepare for the inevitable.In this episode of the Mutual Fund Minute, host and Sidley partner Jay Baris speaks with Ranah Esmaili, Sidley partner and a member of the firm’s global Securities Enforcement and Regulatory practice. Together they discuss how the Division of Examinations determines which advisers to examine and...
2023-12-06
08 min
Mutual Fund Minute
What’s in a Name, Part II
Naming a registered investment company will become more challenging now that the Securities and Exchange Commission has significantly broadened the scope of the rule governing fund names. Moreover, the SEC estimates that when the Names Rule goes into effect, three out of four registered funds will be subject to the new requirements.In this episode of the Mutual Fund Minute, host and Sidley partner Jay Baris follows up on his first segment, '"What's in a Name." Jay and Louisa Kiu, Investment Funds counsel in Sidley’s Boston office, discuss the new and expanded Names Rule, and wh...
2023-11-13
11 min
The Sidley Podcast
How the Supreme Court’s Affirmative Action Ruling May Impact Your Business
The U.S. Supreme Court has declared that university admissions policies must be “color blind” under the Equal Protection Clause of the Constitution, breaking with decades of legal precedent and resulting in challenges to diversity, equity, and inclusion initiatives at universities and elsewhere. Many employers worry their own DEI policies and programs may be at risk, with businesses experiencing some high-profile lawsuits and challenges to corporate diversity initiatives. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on these issues — Jeff Green, Kat...
2023-11-13
40 min
The Sidley Podcast
How the Cases Before the Supreme Court Could Impact You and Your Business
The Supreme Court of the United States is in session. After its seismic decisions last term, SCOTUS has set its sights on another slate of high-stakes cases that could again transform elections, policy, and public life. On the docket are the First Amendment, gun rights, racial gerrymandering, and the power of the executive branch over regulation. Companies are bracing for decisions that could impact the way they do business, while the court faces controversy over its ethics and indeed its legitimacy.Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with...
2023-10-31
42 min
Mutual Fund Minute
About Nonbank Financial Companies
Federal regulators propose to make it easier to designate a nonbank financial company as a systemically important financial institution that could threaten the financial stability of the economy if it were to fail.In this episode of the Mutual Fund Minute, host and Sidley partner Jay Baris speaks with Joel Feinberg – co-leader of Sidley’s Banking and Financial Services practice, head of the firm’s Financial Institutions group in Washington, D.C., and a member of the firm’s Executive Committee. Together, they look at how and why nonbank financial companies, including potentially mutual funds, ETFs and private...
2023-10-20
07 min
Mutual Fund Minute
Managing Counterparty Risk: Five Steps Funds and Advisers Can Take Now
The recent collapse of several high-profile banks has amplified concerns among money managers and fund directors about counterparty risk. What should advisers and fund directors know about counterparty risk? How can they identify and manage the potential pitfalls, while simultaneously satisfying their oversight responsibilities?In this episode of the Mutual Fund Minute, host and Sidley partner Jay Baris speaks with Liz Schubert — global co-chair of Sidley’s Derivatives industry group and the founding member of Sidley’s Buy Side Derivatives practice — about the five best steps advisers and funds can take to mitigate counterparty risk, and what fund dir...
2023-10-03
16 min
The Sidley Podcast
SEC’s Cybersecurity Disclosure Rules Are Here. Is Your Company Ready to Comply?
Companies are facing more attacks on their information systems. And, as their cyber risk skyrockets, the SEC has stepped in with new regulations, telling businesses what to disclose about these incidents — and requiring detailed disclosures on cyber risk management more broadly. With the deadline for compliance fast approaching, businesses are scrambling to mitigate their legal risk and comply with regulations that some say may be an overreach.Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Sonia Barros and
2023-09-26
28 min
Mutual Fund Minute
Money Market Fund Reform – Without Swing Pricing
Money market funds dodged a bullet when the SEC declined to impose swing pricing when it adopted final reform rules on July 12, 2023. Listen here as Sidley’s Jay Baris and Doug McCormack discuss the new money market reform rules, including the mandatory liquidity fee and how they affect funds, investors, and fund directors.
2023-09-20
09 min
Mutual Fund Minute
Conflicts of Interest Involving Covered Technology
In this episode of Mutual Fund Minute, Sidley partners Jay Baris and Benson Cohen discuss the SEC’s proposed rules to address conflicts of interest when broker-dealers and investment advisers use predictive data analytics.
2023-08-28
10 min
Mutual Fund Minute
SEC Safeguarding Rule
The Securities and Exchange Commission has proposed sweeping new rules to address how investment advisers safeguard client assets. In this episode of Mutual Fund Minute, Sidley’s Jay Baris looks at how the revisions to the SEC’s so-called custody rules would affect advisers, funds, and investors.
2023-08-23
08 min
Mutual Fund Minute
Service Providers as Investment Advisers
Tune into Mutual Fund Minute, as Jay Baris, a partner in Sidley’s Investment Funds group, looks at the growing interest in index-based investing by mutual funds and ETFs that has prompted the SEC to ask whether they should regulate index providers and other service providers as investment advisers. This episode looks at the implications for funds and investment advisers if they were go down this regulatory route.
2023-08-23
06 min
Mutual Fund Minute
Investment Companies as Commodity Pools – What Are the Compliance Pitfalls?
Listen here as Jay Baris and Nathan Howell, partners in Sidley’s Investment Funds group, unravel the regulatory mysteries of how mutual funds, ETFs, and registered closed-end funds can invest in commodity futures contracts, subject to the jurisdiction by both the SEC and the CFTC.
2023-08-23
08 min
Mutual Fund Minute
Artificial Intelligence for Funds and Advisers
Can a chatbot write a fund prospectus? Listen here as Jay Baris and Nathan Greene, partners in Sidley’s Investment Funds group, discuss how funds and investment advisers will use artificial intelligence, and how fund directors and investment managers can evaluate and understand the potential benefits – and challenges – that AI presents.
2023-08-23
12 min
Mutual Fund Minute
SEC Proposes ESG Disclosures for Investment Advisers and Investment Companies
Listen here as Investment Funds partner Jay Baris and Ranah Esmaili, a partner in Sidley's Securities Enforcement and Regulatory practice, discuss the sweeping rules proposed by the SEC that would require funds and investment advisers to disclose more specific information about investment companies, private funds, and SMAs pursuing ESG investment strategies.
2023-08-23
06 min
Mutual Fund Minute
Regulation Best Execution
The SEC proposed rules for best execution of securities trades by broker dealers. In this Mutual Fund Minute, Sidley's Jay Baris talks with fellow partner Hardy Callcott about how the rule would apply to best execution of fixed income securities, and what it would mean for funds and advisers.
2023-08-23
08 min
Mutual Fund Minute
SEC Regulatory Agenda Spring 2023
The SEC continues its breathtaking pace of rulemaking that touches funds, their independent directors, investment advisers, and other service providers. Listen here as Jay Baris, a partner in Sidley’s Investment Funds practice, looks at the SEC’s regulatory agenda for the coming months.
2023-08-23
07 min
Mutual Fund Minute
The Role of Mutual Fund Directors
Tune into Mutual Fund Minute here, as Jay Baris, a partner in Sidley’s Investment Funds group, takes a nostalgic look at the long and winding regulatory road of fund board culture, with a reminder that history is always an important guide to understanding the present.
2023-08-23
10 min
Mutual Fund Minute
SEC 2023 Examination Priorities
Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the SEC’s Division of Examinations examination priorities for 2023, and what funds and advisers can expect.
2023-08-23
05 min
Mutual Fund Minute
The SEC’s Proposed Swing Pricing and Hard Close Rules
Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the proposed “swing pricing” and “hard close” requirements and how they would ripple through the world of investment companies and financial intermediaries.
2023-08-23
07 min
Mutual Fund Minute
What’s in a Name?
Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the SEC proposal to expand the “names rule” to cover investment companies that suggest that they invest in assets that have specific characteristics, such as growth or value or ESG factors.
2023-08-23
04 min
Mutual Fund Minute
SEC Revises Fund Shareholder Reports – What That Means for Funds and Investors
Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the SEC’s new mandate for mutual funds and ETFs and looks at the implications for Funds and their investors.
2023-08-23
04 min
Mutual Fund Minute
The SEC’s Regulatory Agenda – What’s in Store for Funds and Advisers
Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the SEC’s latest Rulemaking Agenda in 2022 which promises to be a rollercoaster ride for funds, their independent directors, investment advisers, and other service providers.
2023-08-23
04 min
The Sidley Podcast
Is the Airline Industry Flying High or in for a Tough Landing?
Airlines have hit their share of turbulence, from supply chain issues and staffing shortages to the Russia-Ukraine conflict and elevated fuel prices. As interest rates rise and some airlines file for bankruptcy, the industry’s carbon emissions efforts are getting off the ground. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on the airline industry — Bart Biggers, Michael Burke, and Kevin Lewis. Bart and Kevin are co-leaders of Sidley’s Aviation and Airlines practice, and Michael i...
2023-06-06
43 min
Podcasts by Brodies
Group proceedings come to Scotland
In this podcast series we discuss the opportunities, trends and challenges that Brodies' experts experience when working internationally.In this episode Craig Watt, partner and solicitor advocate in our litigation practice, is joined by Andrew Fox, partner at Sidley Austin LLP to discuss the significance of group proceedings in Scotland. Together they discuss;What is meant by "group proceedings" in a legal context;The differences in how group proceedings operate in Scotland, the rest of the UK and the US;The challenges for clients who might face group proceedings in Scotland. Li...
2023-06-01
40 min
The Sidley Podcast
Regulatory Considerations For Businesses Following Recent Bank Failures
Bank failures have roiled the financial sector, leading consumers and businesses to brace for economic fallout. How did we get here, and how will policymakers respond? What are the tools businesses can use to mitigate risk, and could a crisis like 2008 be repeated?Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the financial industry — Michael D. Lewis and Teresa Wilton Harmon. Together, they discuss just how steady the banking system is and whether regulators can make it any...
2023-04-12
46 min
People Places Planet
The Enforcement Angle: Corporate Compliance Monitors
Increasingly, independent third parties—better known as “corporate compliance monitors”--are appointed to oversee a company’s compliance following the settlement of a criminal or, sometimes, civil enforcement case. Justin Savage of Sidley Austin LLP, speaks with Ike Adams, a Partner at Sidley Austin, and Michele Edwards and Brad Wilson, both with StoneTurn, a global advisory firm. The trio discuss corporate compliance monitorships, which has been a perennial hot topic in DOJ enforcement, particularly in the environmental space over the last 5 years. The episode is part of The Enforcement Angle series, featuring conversations about state and federal enforcement of environm...
2023-03-29
45 min
The Sidley Podcast
How Businesses Should Navigate a Tightly Divided New Congress
After a contentious State of the Union Address, President Joe Biden faces off against a divided United States Congress over the debt ceiling. The business world is paying very close attention. Will Speaker Kevin McCarthy be able to corral his slim House majority? Are any compromises possible, and can any legislation actually pass? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on Congress — Michael Borden, Pattie DeLoatche, and Brittany Bolen. Together, they discuss congressional priorities for 2023 and the potential impact on b...
2023-02-23
41 min
The Sidley Podcast
What it Takes to Score in High-Stakes Sports Acquisitions
It’s time to play ball, both on the field and off. As this year’s pro football season culminates with the big game, the business of sports is booming. More teams are for sale, buyers are lining up, and valuations are through the roof. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the sports industry — Charles Baker and Irwin Raij. They discuss the acquisition of sports teams and their media assets, the lure for investors, and emerging trends in the i...
2023-02-08
45 min
The Executives' Exchange
Episode 038 – Lynn Osmond, President and CEO, Choose Chicago
Today’s episode of Executives’ Exchange spotlights Lynn Osmond, President and CEO of Choose Chicago. She is joined by guest host, Teresa Wilton Harmon, Chicago Office Managing Partner at Sidley Austin LLP. Osmond tells us her tale of going from music to architecture to champion of all things Chicago. She details her mentorship experience, her 25 years with Chicago Architecture Center, and why she’s passionate about Chicago’s future. Sit back and enjoy this conversation with Lynn! 00:00—Introduction 02:00—Lynn details her journey growing up in Canada, moving to the US, and finding a passion for architecture 04:28—...
2023-01-04
37 min
The Sidley Podcast
How SCOTUS May Rule on Potentially Seismic Cases for Business and Society
This could be the most controversial United States Supreme Court term ever. After overturning Roe v. Wade, the court now considers more profound change in election law, affirmative action, and other regulations affecting businesses. As SCOTUS welcomes a new justice, it faces questions over its own legitimacy and how far the conservative majority will go. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s experienced Supreme Court lawyers on these subjects — Carter Phillips and Kwaku Akowuah.Carter is a partner in Sidl...
2022-11-21
55 min
People Places Planet
The Enforcement Angle: INTERPOL’s Pollution Crime Working Group
INTERPOL’s Pollution Crime Working Group, a global network of national experts, initiates and leads a number of projects to combat the transport, trading, and disposal of hazardous wastes or resources in contravention of national and international laws. Justin Savage, a Partner and the Global Co-Leader of the Environmental practice at Sidley Austin LLP, and Nicole Noelliste, a Managing Associate at Sidley Austin LLP, talk to two members serving on INTERPOL’s Pollution Crime Working Group: Joseph Poux and Anne Brosnan. Also available on video! ★ Support this podcast ★
2022-11-02
44 min
The Sidley Podcast
How Cryptocurrency’s Key Players Navigate Market Challenges and New Regulations
It’s a wake-up call for the cryptocurrency industry. Falling prices have created dangers — but also opportunities for market participants. How will investors, lenders, and the courts respond? What new laws could be imposed, and who will end up on top? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on these subjects — Teresa Wilton Harmon, Stephen Hessler, and Dennis Twomey.Teresa is the managing partner of Sidley’s Chicago office, a member of the firm’s Executive Com...
2022-10-05
35 min
The Sidley Podcast
How the Supreme Court’s EPA Ruling Complicates Climate Action and What Companies Can Do
The Supreme Court’s recent decision in West Virginia v. EPA clips the EPA’s ability to address climate change and may fundamentally alter the administrative authority of other federal agencies to tackle big problems. As state and local governments find ways to fill the void, shareholders are demanding a response from Corporate America. How seismic is the ruling? Will it doom our efforts to address climate change? And what impact will the enactment of the Inflation Reduction Act have on the ruling? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he spea...
2022-08-25
24 min
Movers, Shakers & Rainmakers
Episode 22: Justin Savage, Global Co-Leader of the Environmental Practice, Sidley Austin
With the environment at the forefront of everyone's minds thanks to the recent SCOTUS decision on West Virginia v EPA, our hosts chat with Justin Savage, the global co-leader of the Environmental practice at Sidley Austin LLP. Join Justin and our hosts as they discuss what the decision means, how it will affect the way law firms advise their clients, and its implications for the ESG space. For their moves of the week, our hosts break down Ropes & Gray LLP's recent office opening in Los Angeles and a pair of notable lateral hires by Sidley Austin LLP, including one i...
2022-07-14
32 min
Movers, Shakers & Rainmakers
Episode 22: Justin Savage, Global Co-Leader of the Environmental Practice, Sidley Austin
With the environment at the forefront of everyone's minds thanks to the recent SCOTUS decision on West Virginia v EPA, our hosts chat with Justin Savage, the global co-leader of the Environmental practice at Sidley Austin LLP. Join Justin and our hosts as they discuss what the decision means, how it will affect the way law firms advise their clients, and its implications for the ESG space. For their moves of the week, our hosts break down Ropes & Gray LLP's recent office opening in Los Angeles and a pair of notable lateral hires by Sidley Austin LLP, including one i...
2022-07-14
32 min
The Jabot
How Sidley Creates A Positive Culture At The Firm with Yvette Ostolaza and Mike Schmidtberger
In this episode, Kathryn speaks with Yvette Ostolaza and Mike Schmidtberger of Sidley Austin LLP, about the rationale behind dedicating different resources to the members of the firm without fearing them leaving. They also share what the twists and turns of their careers were to where they are now. Yvette also talks about her goals and priorities as she takes over the role of the first female chair of Sidley's management committee. Together, Yvette and Mike describe how they keep the balance between all of their responsibilities as leaders and everything that’s on their plate right now. ...
2022-06-24
22 min
LMA Podcast
Solving the Data Conundrums
Episode: 91 Series: SIG Share-Out Episode Description: Does your firm struggle to find information across groups or industries? Do your lawyers disagree on what industry a client is in? In this episode of LMA's SIG Share-Out, Erin Baxendale and Rachel Shields Williams join hosts Vikram Gupta and Jacqueline Madarang to discuss how knowledge management and marketing technology have joined forces to tackle this issue. Speakers: Erin Baxendale, Director of Business Development and Marketing, Sidley Austin LLP Vikram Gupta, Director of Marketing Technology, Cozen O’Connor P.C. (moderator) Jacqueline Madarang, Director of Marketing Technology and Operations, Bracewell LLP (moderator) Rachel Shields Wi...
2022-06-04
26 min
The Sidley Podcast
What Fund Managers and Investors Should Know About the SEC’s Bold New Regulatory Agenda
Private fund managers and investors are on high alert as the U.S. Securities and Exchange Commission (SEC) proposes an aggressive new regulatory agenda. Its new draft rules have been described as a “sea change” and are intended to enhance regulation and protect investors in private funds. But do those investors need or want this protection? What are the broader policy issues? And what should fund managers and investors plan for? Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these subjects — Elizabeth Shea Fries and S...
2022-05-16
32 min
Airlines Confidential Podcast
131 - Bart Biggers & Kevin Lewis, Partners, Sidley Austin LLP
This week: Bart Biggers & Kevin Lewis, Partners, Sidley Austin LLP; Plus: Planes are starting to fill up; A JetBlue offer for Spirit; Start-Up Canada Jetlines focuses on Toronto; A DHL 757-200 breaks in half on emergency landing; Listener Q's on international air service rights & DCA signage; Shout-outs.
2022-04-13
52 min
The Sidley Podcast
Why Are Green Bonds All the Rage, and What’s in it for Business?
Finance is finally catching up with the environmental movement. Green bonds, which are debt raised by companies whose proceeds are used for environmentally beneficial purposes, are all the rage. More of them are being sold than ever before. But not all green products are equal, and the politics and regulation are complex. Why are investors buying in? What are the compliance challenges, and what are the incentives for businesses? Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these subjects — Benedetta Pacifico and Matt Feeh...
2022-03-11
33 min
The Sidley Podcast
Litigation Trends in Delaware and How Businesses and Boards Can Mitigate Risk
New structures, new rules? Delaware’s Chancery Court provides guidance on disclosure, conflicts, and risk allocation. We take a look at the latest Delaware rulings and what they say about SPAC directors' fiduciary duty, as well as COVID’s effect on M&A deals, and how corporations and boards can mitigate their liability. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these subjects — Jim Ducayet and Charlotte Newell.Jim is a partner in Sidley’s office in Chicago and a co-he...
2022-02-15
44 min
The Sidley Podcast
Could Proposed Laws in the U.S. and EU Help Save the Planet?
Momentum on climate action is unstoppable. Investors, businesses, and the public are demanding policymakers get serious about reducing emissions. Legislation from the U.S. and EU offers challenges and incentives for businesses worldwide. How will these proposed laws impact companies, and importantly, can they deliver on the promise of making tangible progress in the fight against climate change? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on the subject — Nicolas Lockha...
2022-01-12
51 min
The Sidley Podcast
What We’ve Learned About Preempting Crises at Universities
It’s not just “varsity blues.” Universities are facing different kinds of crises than they ever imagined before, from COVID and Title IX to sports scandals and cyber breaches. As these institutions find themselves in legal and political crosshairs, their legal counsel are called on to mitigate and even preempt potential disaster. How do they plan and execute these strategies, and what makes universities unique compared to other institutions? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s...
2021-11-15
27 min
The Sidley Podcast
Increased Scrutiny Has Boards of Directors in the Hot Seat
Life is getting harder for boards of directors of public companies. Increased scrutiny of companies — particularly in heavily regulated industries — has led to greater risk of criminal and civil liability. And recent Delaware cases have ratcheted up the pressure, allowing lawsuits to proceed against boards for failure of oversight. What should directors know about their oversight responsibilities? And what can boards do to mitigate their risk? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders...
2021-11-01
36 min
Personal Jurisdiction
Let's Get Personal with Leslie Kuhn-Thayer, Pro Bono Counsel at Sidley Austin LLP
Leslie Kuhn-Thayer is a graduate of the University of Wisconsin and the University of Wisconsin Law School. During law school, Leslie worked with the Wisconsin Innocence Project. Learn more about the Wisconsin Innocence Project here: https://law.wisc.edu/fjr/clinicals/ip/ Leslie served as a judicial law clerk directly out of law school and again several years later when she became a career clerk. Learn more about clerking here: https://media.law.wisc.edu/m/nmjkn/judicialclerkshiphandbook_000.pdfAnd here: https://abaforlawstudents.com/wp-content/uploads/2017/03/FederalLawClerks.pdfLeslie currently serves as Pro B...
2021-10-27
1h 20
The Sidley Podcast
How to Mitigate Corporate Risk and Respond to Crises
Recent events have given the term “corporate crisis” a whole new meaning. From cyberattacks and pandemic disruptions to political divisions and tweets that go viral, companies are being challenged in ways they never have before. How should they respond in a fast-moving crisis? How can they identify risks and mitigate them? And who should execute their strategy? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on crisis management and corporate risk — Yvette Ostolaza...
2021-10-11
45 min
New Project Media (NPM) Interconnections
NPM Interconnections (US) - Episode 8: Ken Irvin | Sidley Austin LLP
The Biden administration recently unveiled the American Jobs Plan, a proposal that would turbocharge the building of major new electricity transmission lines and accelerate expansion and modernization of America’s power infrastructure. Can we get it done?Ken Irvin is a co-leader of Sidley Austin’s global Energy practice area team, and represents clients on a variety of regulatory, enforcement, compliance and transactional matters involving the U.S. wholesale electricity and natural gas markets. Ken has extensive experience representing clients in regulatory and investigations proceedings before the FERC and multiple state energy regulatory agencies. He has b...
2021-06-14
40 min
The Sidley Podcast
Can Private Businesses Mandate COVID-19 Vaccinations?
Three COVID-19 vaccines are now authorized for use in the U.S., and more than half of all U.S. adults have received at least one shot. The push for vaccinations is raising ethical and legal questions. Can private employers mandate vaccinations for their workers? What are the ramifications if they do? How should businesses navigate federal and state requirements? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the subject — Wendy Laze...
2021-05-13
31 min
The Sidley Podcast
Finding New Opportunities in the SPAC Landscape
Special purpose acquisition companies (SPACs) have raised more money in the first quarter of this year than they did in all of last year. And 2020 was already being labeled “The Year of the SPAC,” with hundreds launched. Now, more and more sponsors are stepping up. Why are SPACs so hot, and how have they evolved from their origins in the ‘90s? What are their risks, and where can we find new opportunities in the SPAC landscape? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi
2021-05-05
37 min
The Sidley Podcast
Congress Divided: An Insider’s View on Priorities for Corporate America
Impeachment is behind us, and President Joe Biden is working to bring to fruition an ambitious agenda. Georgia’s voters gave Democrats a 50/50 Senate, with Vice President Kamala Harris as the tie-breaker. Now comes the hard part — getting things done. From COVID-19 relief to infrastructure to immigration, how much of the Biden agenda can make it through a still-divided Congress? What does it all mean for business? And what are relationships really like behind the scenes?Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gand...
2021-03-08
31 min
The Sidley Podcast
Shareholder Activism, Hostile M&A, and Related Issues for the 2021 Proxy Season
It’s proxy season, and for most companies, the time for annual meetings is just around the bend. Publicly traded companies are coming off a tumultuous year. The link between corporation and community has never been more at the forefront — from COVID-19 to racial justice to worker treatment. And businesses are facing activist pressure. How should they navigate this complex environment? Our latest episode of The Sidley Podcast grapples with that question and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on proxy season...
2021-02-22
28 min
The Sidley Podcast
How the New Brexit Deal Will Reshape Business in the EU and UK
Brexit is finally here. It’s been four and a half years since citizens of the United Kingdom voted to leave the European Union. A deal has been struck, and the UK is out. Companies worldwide are still asking questions. What laws now apply in the UK? Are investment and trade easier — or does bureaucracy reign? And what opportunities exist amid the uncertainty? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on Brexit — Nick Br...
2021-02-09
56 min
The Sidley Podcast
What the Supreme Court’s Transformation Means for Business
The Supreme Court of the United States has been transformed with the passing of Justice Ruth Bader Ginsburg and the confirmation of Justice Amy Coney Barrett. These events shift the high court further to the right. What will this mean for President-elect Joe Biden’s agenda? How will the new court rule on business cases? What are the cases to watch in 2021? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the Supreme Cour...
2020-12-17
52 min
The Sidley Podcast
What Will a Biden Administration Mean for Business?
The voters have spoken. A Biden administration waits in the wings and could soon pursue an agenda that could change the way companies are regulated and the way they do business. How will the new administration respond to COVID-19, and which companies should now worry about being investigated? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders at the intersection of government, policy, and the law — Peter Roskam, Michael Borden, and...
2020-11-18
1h 00
The Sidley Podcast
Is a New Era of Trustbusting Upon Us?
As the presidential election looms, a new report by the House Judiciary Committee’s Antitrust Subcommittee is taking aim at giant technology companies. It charges that these once-underdog startups have been transformed into monopolies, and proposes changes to antitrust law that could lead to the breakup of these companies. How has antitrust evolved, and where is it going? Is this the dawn of a new era of trustbusting? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner Sam Gandhi as he speaks with one of th...
2020-10-26
20 min