The alarming rise in cybersecurity attacks in 2021 has raised risk mitigation stakes to a new level for boards. In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with partners Alex Iftimie and Brandon Van Grack on the key cybersecurity threats facing boards of directors. Both are former senior DOJ officials who bring their vast experience in cybersecurity to analyze the top cyber events that have defined 2021 thus far and provide practical guidance in response to the following key questions: What are the key cybersecurity threats that boards of directors should be focused on? What role should boards be playing in a cyber incident like a ransomware attack? What action do you expect to see from U.S. government with respect to cybersecurity?
In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Alex Okuliar, Washington, D.C.-based partner and former senior DOJ and FTC official, on the Biden administration’s recent executive order calling for a broader “whole-of-government” approach to competition and possible implications for antitrust enforcement. Dave and Alex also touch on the key resolutions voted on by the FTC since Chair Khan’s appointment earlier this summer, as well as implications of the new approach for merger reviews. Practical guidance is provided on what corporate boards can do now to prepare for the change in approach to antitrust matters.
In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Arden Phillips, Vice President, General Counsel and Chief Compliance Officer of Tahzoo, a global user experience consultancy that provides digital content solutions to Fortune 500 clients, on corporate governance and board-related topics raised by BlackRock’s recently-issued 2021 stewardship report.
In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Megan Gerking, Washington, D.C.-based partner and former trial attorney in the DOJ’s Antitrust Division, on the potential watershed moment in antitrust enforcement as we know it today. In this rapidly evolving regulatory landscape, it is important for boards of directors to recognize the benefits of a comprehensive antitrust compliance program. Further, as companies expand their focus on environmental, social and governance matters, boards and management must be particularly cognizant of antitrust compliance considerations.
In this episode of the Above Board podcast, Morrison & Foerster partner and host Dave Lynn speaks with Alfredo (“Fredo”) Silva, San Francisco partner and co-chair of the firm’s Social Enterprise and Impact Investing Group, on the SEC’s possible future implementation of a global framework for climate disclosures and the potential ESG disclosure implications for public companies. Fredo and Dave touch on why the SEC has recently sought input on implementing a framework for climate change disclosures and formed a Climate and ESG Task Force, the guidance and rules already in effect, and what public companies and their boards of directors should be thinking about with respect to climate and ESG disclosure.
In this episode of the Above Board podcast, Morrison & Foerster partner Dave Lynn speaks with Jina Choi, San Francisco partner and former director of the SEC’s San Francisco Regional Office, about Rule 10b5-1 Plans. Jina discusses what these plans are, how they get implemented, and how they are intended to mitigate the risk of insider trading. Dave and Jina examine the recent scrutiny around Rule 10b5-1 plans. Jina also gives valuable advice on what boards should be considering in relation to Rule 10b5-1 plans.
In this episode of the Above Board podcast, San Francisco-based securities litigation partner Mark R.S. Foster describes an issue that more and more boards are facing: how to best manage inspection demands from shareholders. Which shareholders can make these demands, which are expensive and risky for the recipient company? Can shareholders make the demand for any reason? What are the best practices for responding to an inspection demand?
In this episode of Above Board, Morrison & Foerster partner Dave Lynn speaks with James Koukios and Chuck Duross, heads of the firm’s FCPA and Global Anti-corruption practice, about the Department of Justice’s revised guidance on the evaluation of corporate compliance programs.
In this episode of the Above Board podcast, Morrison & Foerster partner Dave Lynn speaks with Miriam Wugmeister, co-chair of MoFo’s preeminent Global Privacy and Data Security Group, and John Carlin, chair of the firm’s Global Risk and Crisis Management practice group, about directors’ roles in maintaining their companies’ cybersecurity, and mitigating the damage caused by a cybersecurity incident.
In this episode of the Above Board podcast, Dave Lynn, a Washington, D.C.-based partner at Morrison & Foerster, speaks with Jackie Liu and Alexa Belonick, partners based in the firm’s San Francisco office, about a law requiring companies headquartered in California to have a certain number of board members from underrepresented communities.