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Author: Ropes & Gray LLP

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Ropes & Gray attorneys provide timely analysis on legal developments, court decisions and changes in legislation and regulations.
471 Episodes
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On this episode of Alumni @ RopesTalk, the firm’s technology strategy leader Ed Black is joined by Steven Obiajulu, Ropes & Gray alum and founder of legal tech startup UseJunior. Steven shares his journey from MIT and Harvard Law School to Ropes & Gray, where he worked in patent and private equity practices before launching UseJunior. The discussion centers on how AI-powered tools like UseJunior are transforming legal document comparison and workflow efficiency, the importance of data security and compliance, and the broader impact of AI on the legal profession. Steven also emphasizes, “AI isn’t replacing attorneys—it’s transforming how we work and improving outdated processes,” offering a forward-looking view on how technology is enhancing the quality and efficiency of legal services. 
On this episode of Culture & Compliance Chronicles, Amanda Raad and Nitish Upadhyaya from Ropes & Gray’s Insights Lab, and Richard Bistrong of Front-Line Anti-Bribery speak with Archana Kotecha, CEO of The Remedy Project, about her journey from corporate law to leading human rights initiatives across Asia. Archana shares practical insights on assessing workplace culture, supporting women and migrant workers, and building trust between businesses and NGOs. The conversation explores the challenges of conducting human rights impact assessments, the importance of direct worker engagement, and the role of pilots and feedback in compliance programs. Whether you are a compliance professional, legal advisor, or business leader, this episode offers valuable lessons on aligning purpose with practice, amplifying unheard voices, and finding common ground to create lasting impact. Tune in to explore how culture shapes compliance—and how new perspectives can help your organization to shape solutions to challenges.
On this Ropes & Gray podcast, ERISA and benefits partner Sharon Remmer is joined by litigation & enforcement partners, Amy Roy and Dan Ward, to discuss President Trump’s recent Executive Order that directs the U.S. Department of Labor and other federal agencies to expand access to alternative assets for 401(k) investors and what the potential ramifications could be for retirement plan sponsors and asset managers from a litigation risk perspective. We have been closely monitoring the significant increase in lawsuits targeting 401(k) and 403(b) retirement plans over the last several years, where plaintiffs have alleged fiduciary defects in the prudence of investment menu design as well as with respect to the monitoring of plan service providers and fees. Using this as a backdrop, our team examines the evolving landscape and how recent case law clarifies key points for plan sponsors to consider should they decide to offer private equity and other alternative assets in their menus. Our speakers discuss practical steps for mitigating risk when offering alternative investments, such as conducting thorough due diligence, providing clear participant disclosures, and maintaining robust documentation of investment decisions.
On this Ropes & Gray podcast, Nitish Upadhyaya, director of behavioral insights at R&G Insights Lab, is joined by partners from Ropes & Gray’s global crisis management & investigations practice—Jim Dowden, Laura Hoey, Josh Levy, Amanda Raad, Ryan Rohlfsen, Robert Silvers and Sarah Walters—to unpack the realities of handling complex, high-stakes crises in an era of global uncertainty. Drawing on decades of experience, the team explores why successful crisis management demands more than just legal maneuvering—it requires practical strategies, an understanding of human behavior, and a strong organizational culture. Listeners will gain actionable insights into every stage of a crisis: planning ahead, responding under pressure, managing business continuity, and emerging stronger on the other side. The conversation covers critical topics such as the importance of having a robust crisis plan, the role of organizational culture and communication, the pitfalls to avoid, and how to turn challenging moments into opportunities for long-term resilience.
On this episode of Ropes & Gray’s Insights Lab’s multi-part Multidimensional Data Reversion podcast series, Shannon Capone Kirk and David Yanofsky discuss how artificial intelligence and machine learning are being applied to legal investigations and document reviews. They explore the evolution from traditional search term methods to advanced techniques like predictive coding, continuous active learning, and the emerging role of generative AI (“GenAI”) while demystifying what these techniques are actually doing with your data. The conversation highlights the importance of using plain language when describing these technologies, the critical role of human expertise in refining AI tools, and the practical challenges and efficiencies gained when integrating AI into internal investigations and privilege reviews. Tune in to gain insight into how legal teams are balancing innovation, accuracy, and defensibility as they adopt new data-driven approaches.
On this Ropes & Gray podcast, litigation & enforcement partner Josh Levy and counsel JR Drabick—both former federal prosecutors—delve into the critical topic of crisis management for organizations and leaders. Drawing on Josh’s unique experience as the former U.S. Attorney for the District of Massachusetts, including his leadership during the high-profile resignation of U.S. Attorney Rachael Rollins in May 2023 due to an ethical scandal, the conversation offers an insider’s perspective on navigating high-stakes crises in both public service and private practice. Gain insights into the structure and responsibilities of the U.S. Attorney’s Office, the immediate challenges posed by unexpected leadership transitions, and the strategies employed to maintain organizational stability and public trust during turbulent times. The discussion highlights the importance of authentic communication, proactive leadership, and thorough preparation—both before and during a crisis. JR and Josh also share practical lessons for advising clients facing government investigations, media scrutiny, and other crisis scenarios, emphasizing the value of trusted advisors, clear processes, and legal protections.
On this special Ropes & Gray podcast, co-hiring partner for the firm and co-managing partner of the firm’s Boston office, Jeff Katz, sits down with three members of the 2025 Summer Associate Program: Ben Haward (Harvard University), Esteban Ortiz (Boston University), and Michelle Yang (Northeastern University). Together, they provide an inside look at the summer associate experience at Ropes & Gray, sharing candid reflections on mentorship, professional growth, and the collaborative culture that defines the firm. The conversation also turns the tables, with the summer associates posing thoughtful questions to Jeff about the skills that have shaped his career, the evolving landscape of legal practice, and the enduring values that have remained constant at Ropes & Gray over his 25-year tenure. Jeff offers practical advice for future summer associates, stressing the importance of engagement, curiosity, and building relationships.
On this episode of Culture & Compliance Chronicles, Amanda Raad and Nitish Upadhyaya from Ropes & Gray’s Insights Lab, and Richard Bistrong of Front-Line Anti-Bribery are joined by Professor Guido Palazzo, co-author of The Dark Pattern: The Hidden Dynamics of Corporate Scandals. Together, they explore why corporate scandals are rarely the result of a few “bad apples” and instead stem from deeper organizational patterns—such as toxic leadership, unrealistic targets, and ambiguous rules—that shape behavior across entire companies. Professor Palazzo shares practical insights on how organizations can recognize and disrupt these harmful dynamics, foster allyship, and build cultures where ethical conduct thrives. Tune in for actionable strategies and a fresh perspective on creating lasting change in compliance and corporate culture.
On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Lara Ameri break down the ITC’s recent decision in Investigation No. 337-TA-1352, a case involving trade secret misappropriation in the pharmaceutical sector. The discussion covers the procedural twists of the 100-day program, the Commission’s findings on domestic industry and threatened injury, and the remedies imposed—including a seven-year limited exclusion order and cease-and-desist orders. The team also highlights key takeaways for companies navigating trade secret disputes at the ITC, including the standards for proving injury and the impact of competing products in the market.
On this Ropes & Gray podcast, licensing and collaboration partner Hannah England and antitrust partner Lisa Kaltenbrunner discuss how EU antitrust rules impact non-competes and other exclusivity provisions in collaboration agreements, license agreements, and asset acquisitions. They explain why these rules apply even to U.S. companies, outline the key differences between collaboration and license agreements, and highlight the risks of non-compliance, such as unenforceability and regulatory scrutiny. The conversation offers practical guidance on structuring non-compete clauses to align with EU competition law.
On this Ropes & Gray podcast, health care partner Michael Lampert and counsel Sam Perrone, and litigation & enforcement partner Andrew O’Connor, rejoin to discuss patient assistance programs, recent enforcement actions, and related regulatory considerations. The conversation covers the legal framework governing these programs, including the Anti-Kickback Statute (“AKS”), Civil Monetary Penalties Law (“CMPL”), and False Claims Act (“FCA”). They focus on recent settlements and agency actions, and highlight key factors that influence regulatory outcomes for patient assistance programs.
On this retrospective episode of the Culture & Compliance Chronicles podcast, Amanda Raad and Nitish Upadhyaya from Ropes & Gray’s Insights Lab, and Richard Bistrong of Front-Line Anti-Bribery, reflect on the key themes and insights from season one. They emphasize the importance of culture in driving compliance and regulatory practices, highlighting discussions with various guests who shared their experiences and strategies. Key themes include the significance of contextualizing culture, humanizing compliance, and using data intentionally to inform decisions. The hosts also share practical tips and exercises for maintaining focus and creativity in the compliance space. As they look forward to the next season, they challenge the community to bring new ideas and perspectives to the conversation. Tune in to hear their reflections and stay curious about the evolving landscape of business, compliance and culture.
On this bonus episode of Ropes & Gray’s Insights Lab’s Multidimensional Data Reversion podcast series, Shannon Capone Kirk and David Yanofsky are joined by Michelle DiMartino, a cultural psychologist, to discuss the challenges and human factors involved in AI adoption. Michelle provides insights into the psychological responses to AI, explaining how high-stakes, time-pressured environments can lead to mental shortcuts and differing reactions to ambiguity. The discussion covers three critical frames for understanding AI implementation: the technology itself, human interpretation and interaction with AI outputs, and the organizational culture and governance surrounding AI tools. Tune in to gain valuable perspectives on how to navigate the evolving landscape of AI, including strategies for effective AI rollout, risk management, and fostering a culture that supports responsible AI use.
On this Ropes & Gray podcast, health care partner Michael Lampert and counsel Sam Perrone are joined by litigation & enforcement partner Andrew O’Connor for a two-part discussion, with this first episode focused on recent enforcement activity and broker arrangements in the Medicare Advantage (“MA”) space. They delve into the Oak Street settlement, the Office of Inspector General’s (“OIG”) Special Fraud Alert, and a recent Department of Justice (“DOJ”) False Claims Act (“FCA”) suit against major Medicare Advantage plans and brokers. The conversation covers the complex regulatory framework governing broker arrangements, the implications of recent enforcement actions, and practical takeaways for providers. Listen in for an insightful analysis of these critical issues affecting the health care industry, and stay tuned for part two, where the focus will shift to enforcement in the patient assistance program space.
On this episode of the R&G Dugout podcast, Ropes & Gray intellectual property transactions partner and a leader of the firm’s sports industry initiative Erica Han is joined by tax attorneys Gil Ghatan, Kendi Ozmon and Franziska Hertel, who lead the firm’s tax-exempt organizations practice. Together, they discuss the tax implications of the House v. NCAA settlement, including the rules that permit colleges and universities to pay student athletes for their name, image, and likeness (NIL). Tune in to understand the compliance challenges for schools seeking to create opportunities for their student athletes and athletics programs through NIL deals.
On this episode of Ropes & Gray’s Alumni @ RopesTalk podcast, employment, executive compensation, and benefits partner Megan Bisk is joined by alum Dan Krockmalnic, chief operating officer and general counsel at Boston Globe Media. Dan shares his journey from Big Law to his current leadership role, discussing his transition from litigation associate to COO and GC, his experiences producing award-winning content like Murder in Boston, and the valuable lessons learned along the way. Tune in to hear Dan's insights on career development, the importance of mentorship, and his advice for young lawyers.
On this episode of Culture & Compliance Chronicles, Amanda Raad and Nitish Upadhyaya from Ropes & Gray’s Insights Lab, and Richard Bistrong of Front-Line Anti-Bribery, are joined by Nicole Rose, a compliance specialist and creative artist based in Australia who shares her unique insights on how creativity helps solve compliance challenges. Nicole discusses the concept of "moneyballing" in compliance, emphasizing the importance of data-driven, effective controls that add value to the business. She also highlights the significance of humanizing compliance training and making it relevant and engaging for employees. Tune in to explore Nicole's innovative approaches, including her experiences with cultural nuances in compliance and the power of simplicity and relationships in driving compliance success.
On this episode of Fully Invested, Ropes & Gray asset management partner Jessica Marlin and capital markets counsel Marc Rotter discuss ’34 Act Registered Private Funds. These funds register under the Securities Exchange Act of 1934 and disclose information publicly, while remaining exempt from the Investment Company Act of 1940. Jessica and Marc explore the funds’ features and differences in comparison to traditional private funds.
On this third episode of Ropes & Gray’s Insights Lab’s four-part Multidimensional Data Reversion podcast series, Shannon Capone Kirk and David Yanofsky discuss the crucial steps in the iterative cycle of data analysis, visualization, and insight. They delve into the complexity of using free text in data analysis, explaining how unstructured text differs from structured data and the challenges it presents. The conversation also covers methods to analyze free text, including the use of rubrics, sentiment analysis, and self-scoring. They highlight the significance of understanding emotions and psychological safety when collecting and analyzing data. Additionally, they address the current limitations and potential of generative AI in data analysis, providing a realistic view of its capabilities and costs.
On this Ropes & Gray podcast, Alyssa Horton and Colleen Meyer, both counsel in the private funds regulatory group, explore the recent SEC staff guidance on the Marketing Rule. They discuss the new FAQs issued on March 19, 2025, which address the presentation of investment-level returns and investment characteristics. Colleen and Alyssa provide a comprehensive overview of the history behind these FAQs, the operational challenges faced by advisers, and the significant changes brought by the new guidance. Listen in to gain valuable insights on how to effectively implement these updates in your marketing materials and ensure compliance with the Marketing Rule.
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