RopesTalk

In this Ropes & Gray podcast, Ryan Rohlfsen, a litigation & enforcement partner and one of the co-leaders of the firm’s global anti-corruption and international risk practice, is joined by Momentum Events, the organizers of the annual ACES Compliance Summit. This year’s Summit will be hosted at American University’s College of Law on March 17-18, 2020 in Washington, D.C. The program will cover the intersection of anti-corruption, export controls and sanctions, with a focus on discussing practical solutions and cutting-edge strategies for conquering the latest obstacles currently posing a threat to domestic and global corporate operations. Ryan will be moderating a panel at the Summit discussing the five most significant global anti-corruption developments of the past year, including international enforcement actions, emerging regulations and legislation, trends and anti-corruption priorities worldwide.

In the latest installment of Ropes & Gray’s alumni podcast series, Alumni @ RopesTalk, health care partner Christine Moundas interviews her former colleague, Jennifer Bealer, who left Ropes & Gray in 2017 to become executive vice president and general counsel of Progyny, a leading fertility benefits management company. Within two years of joining Progyny, the company went public. In this engaging conversation, Jen shares her insights about the challenges and rewards of transitioning to an in-house position, executing an IPO and running the day-to-day legal operations of a mission-driven startup—all at the same time.

In this Ropes & Gray podcast, finance partner Leonard Klingbaum is joined by Colin Adams, a managing director and senior professional at the investment and advisory firm M3 Partners, to discuss one of the most critical issues for clients in the stressed and distressed space: attention to documentation, or the lack thereof. From both a legal and business perspective, this podcast explores the prevalent concerns lenders and borrowers have faced regarding (1) voting provisions, (2) pro rata provisions and (3) EBITDA, as well as the opportunities that arise when these areas are reviewed competently.

In December 2019, the European Securities and Markets Authority (ESMA) published a report in relation to undue short-term pressure on companies. In this Ropes & Gray podcast—the latest in a series of podcasts on ESG and corporate social responsibility issues—asset management partner Eve Ellis will provide an overview of the ESMA report and analyze key issues addressed in the report, such as the need for greater institutional investor engagement; amending existing EU legislation to address ESG disclosures; and reducing the focus on short-term investment pressure to help companies meet sustainability goals.

In this Ropes & Gray podcast, asset management partners Isabel Dische and Leigh Fraser discuss the three no-action letters that were published by the CFTC on December 17, 2019 to provide relief to market participants as they transition swaps that reference the London Interbank Offered Rate (LIBOR) and other interbank offered rates (or IBORs) to swaps that reference alternative benchmarks.

Regulators around the world are increasingly warning against the danger of a check-the-box compliance program and encouraging companies to evaluate their respective cultures and the corresponding impact on compliance. A growing emphasis on behavioral sciences, which involves looking more deeply into why an individual makes certain decisions or acts a certain way, is becoming an increasingly important aspect of this shift. In this podcast, litigation & enforcement attorneys Amanda Raad and Tina Yu sit down with Richard Bistrong, CEO of Front-Line Anti-Bribery LLC, to discuss his journey from being prosecuted by U.S. and UK authorities for bribery violations to becoming an outspoken proponent of using a behavioral sciences approach to compliance.

In this Ropes & Gray podcast, asset management partner Lindsey Goldstein and ERISA partner Josh Lichtenstein discuss ERISA plan fiduciary proxy activities, addressing what the existing regulatory guidance provides as well as some of its ambiguities, and what clarifications we hope new guidance will include.

In this Ropes & Gray podcast, Ama Adams and Brendan Hanifin discuss recent and forthcoming changes to the Committee on Foreign Investment in the United States (“CFIUS”) review process. The Foreign Investment Risk Review Modernization Act (“FIRRMA”), passed in August 2018, significantly expanded the scope of CFIUS’s jurisdiction to review foreign investments in U.S. businesses. This podcast discusses the implications of FIRRMA for U.S. and non-U.S. investors, as well as U.S. businesses that seek foreign investment.

In this Ropes & Gray podcast, litigation & enforcement partners Amy Roy and Dan Ward, and ERISA and benefits partner Josh Lichtenstein, discuss 401(k) litigation risk assessment and management. They review current trends in proprietary funds litigation, the key legal issues surrounding the statute of limitations for claims arising under ERISA, and the upcoming Intel case before the Supreme Court that could have significant ramifications for 401(k) plan sponsors and employers.

In this Ropes & Gray podcast, Mike Doherty, Brian McCabe and Paul Tropp discuss important regulatory developments and current issues affecting business development companies (BDCs). The SEC recently (1) issued a rule proposal intended to streamline the registration, communications and offering practices of BDCs and (2) proposed a new Rule 12d1-4 under the Investment Company Act of 1940 intended to enhance the regulation of funds that invest in other funds. This podcast explains how these new rules affect BDCs. In addition, the podcast explores the argument for modifications to the disclosure requirements for registered investment companies relating to acquired fund fees and expenses (AFFEs).