The Sidley Podcast

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?Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Kwaku Akowuah and Rob Hochman, co-leaders of Sidley’s Supreme Court, Appellate, and Litigation Strategies practice. Together, they discuss the Supreme Court’s monumental decisions last term and upcoming cases on the docket relating to the business community — and our culture at large. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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.  What’s behind the backlash aimed at online platforms? And what’s on the legal horizon for the way they control content?  Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Randi Singer and Michael Borden. Randi is a partner in Sidley’s Commercial Litigation and Disputes and IP Litigation practices. Michael is head of Sidley’s Government Strategies group and a partner in the firm’s White Collar Defense and Investigations, Global Arbitration, Trade and Advocacy, and Crisis Management and Strategic Response practices.  Together, they discuss the social media cases that have cropped up involving content moderation, and what has inspired those cases from a legal, business and cultural perspective.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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 Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Kwaku Akowuah and David Carpenter. Kwaku is a co-leader of Sidley’s Supreme Court and Appellate practice. David is head of Sidley’s West Coast Appellate practice and co-chair of the firm’s Regulatory Litigation group. Together, they discuss the Supreme Court’s decision in two cases involving the Chevron doctrine, how it may affect the regulatory landscape, and what companies should know about the ruling. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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 done? And, how do they stand to benefit from the new policy? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with one of the firm’s thought leaders on these issues — Kenneth Polite. Kenneth is a global co-leader of Sidley’s White Collar Defense and Investigations practice and the former Assistant Attorney General for the Criminal Division of the DOJ. Together, they discuss the DOJ’s new policy for mergers and acquisitions, how various parties across industries are responding, and what companies should know to protect their businesses. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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 now in the wake of that litigation, the SEC has just issued a voluntary stay of the rules, hoping it will speed resolution of the case.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 Heather Palmer. Sonia is a partner in Sidley’s Capital Markets practice and a co-leader of the firm’s Public Companies and ESG practices. Heather is an environmental and energy partner and a co-leader of the firm’s ESG and Climate Change practices. Together, they discuss the SEC’s newly adopted climate disclosure rules, the status of legal challenges, and how companies should prepare to comply with the requirements.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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 that would ban the imposition of these contracts on workers — causing concern among employers about the future use of non-competes, and potentially impacting both employment and antitrust laws.Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Jim Lowe and Terri Reuter. Jim is a partner in Sidley’s Antitrust and Competition practice. Terri is a partner in the firm’s Labor, Employment and Immigration practice. Together, they discuss how non-compete agreements are utilized, the regulation and enforcement involved, and what employers should know to protect their businesses. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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 issues — Rob Velevis, Frank Favia, and Alexis Cooper. Rob and Frank are partners in Sidley’s Commercial Litigation and Disputes practice, and Alexis is a partner in the firm’s M&A practice. Together, they discuss why post-closing disputes arise, how they are best resolved, and how businesses can avoid or mitigate the risk.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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, Kate Roberts, and Natalie Chan. Jeff is senior counsel in Sidley’s Supreme Court and Appellate practice, Kate is co-chair of Sidley’s Labor, Employment and Immigration practice, and Natalie is a senior managing associate in Sidley’s Labor, Employment and Immigration practice. Together, they discuss how the Supreme Court’s ruling on affirmative action in higher education may impact businesses and how employers can reduce legal risk. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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 two of the firm’s thought leaders on these issues — Kwaku Akowuah and Rob Hochman, co-leaders of Sidley’s Supreme Court and Appellate practice. Together, they discuss the monumental cases decided by SCOTUS last term and upcoming ones the business community should know about.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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 Colleen Brown. Sonia is a partner in Sidley’s Capital Markets group and co-leader of the firm’s Public Companies practice. Colleen is a partner in the firm’s practices in Privacy and Cybersecurity, Commercial Litigation and Disputes, Crisis Management and Strategic Response, and Insurance. Together, they discuss the SEC’s newly adopted regulations for disclosing information on cyber risk and how companies and their boards can best comply.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.