Above Board Podcast

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  • Above Board: Developments in DEI Litigation and Enforcement: 15 Jul 2024 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 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 challenges to 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 episode also provides practical guidance on conducting thorough audits of DEI initiatives, maintaining compliance with evolving legal standards, managing corporate DEI programs amidst legal challenges, and ensuring consistency in DEI communications and disclosures.
  • Above Board: SEC Enforcement - Control Violations and Compliance Best Practices: 14 May 2024 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.
  • Above Board: Regulatory and Enforcement Trends in the Life Sciences and Healthcare Industries: 27 Oct 2023 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.
  • Above Board: What Boards and GCs Need to Know about Cyber Attacks: 02 Oct 2023 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.
  • Above Board: The DOJ and SEC on Cooperation and Clawbacks – Considerations for Directors: 19 Sep 2023 In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses recent developments at the DOJ, the SEC, and the U.S. Attorneys’ Offices regarding a variety of matters that are important for boards of directors and companies to consider when they approach corporate compliance issues with Morrison Foerster Securities Litigation, Enforcement, and White Collar + Investigations partners Adam Braverman, Jina Choi, and Christine Wong, each of whom has previously served in senior positions at either the DOJ or SEC. Topics of discussion include voluntary self-disclosure policies, the preservation of electronic communications, and corporate compensation and clawbacks.
  • Above Board: The Changing Landscape of Shareholder Activism: 30 May 2023 In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses shareholder activism with the firm's global Mergers & Acquisitions Group co-chairs, Spencer Klein and Brandon Parris. They discuss the key shareholder activism developments that boards of directors should be considering in 2023, including the latest developments with proxy contests and M&A activism, the rise of the “occasional activist,” the use of ESG considerations in advancing campaigns and the recent implications of the SEC’s universal proxy rule.
  • Above Board: The U.S. DOJ’s New Corporate Voluntary Self-Disclosure Policy: 30 Mar 2023In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses the U.S. DOJ’s new corporate voluntary self-disclosure policy with Nate Mendell, the former Acting U.S. Attorney for the District of Massachusetts and partner in the firm’s Investigations + White Collar Defense practice, and James Koukios, former Senior Deputy Chief of the DOJ Criminal Division’s Fraud Section and co-head of the firm’s FCPA + Global Anti-Corruption practice. The new policy is intended to incentivize companies to voluntarily self-disclose misconduct to U.S. Attorney’s Offices and remediate misconduct by providing standardized benefits for doing so. The discussion outlines the essential components of the new voluntary self-disclosure policy and the pros and cons to be evaluated in a company’s potential decision to self-disclose.
  • Above Board: Corporate Responsibility and Risks: Human Rights in Europe and the US: 03 Mar 2023 In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses recent legal developments in human rights that are of concern to the boards of directors of public companies in the US and Europe with attorneys in the firm's Global Ethics + Compliance and FCPA + Global Anti-Corruption practices: San Francisco partner Stacey Sprenkel, London partner Gareth Rees KC, and Berlin partner Patrick Spaeth. In discussing corporate responsibility and risk related to human rights, topics for consideration include: preventing modern slavery, human trafficking, and unsafe working conditions; protecting freedom of association, free expression of faith, and personal data; and the impact of business activities on local communities and environments.
  • Above Board: Beyond the Breach: What Should Boards Think About?: 25 Jan 2023 In this episode of the Above Board podcast, partner and host Dave Lynn speaks with Miriam Wugmeister, partner and co-chair of Morrison Foerster’s Global Privacy and Data Security Group, and Jackie Liu, a partner in Morrison Foerster’s Corporate Governance practice and a member of the Board of Directors of public company CEVA, Inc. They address the questions that a board should ask after a data breach has occurred, the implications for a company’s corporate governance, and key SEC disclosure considerations.
Above Board Podcast Archives