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The Sidley Podcast

Author: Sidley Austin LLP

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Welcome to The Sidley Podcast. Join us as we bring a unique perspective to complex issues at the intersection of law and business.

39 Episodes
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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.
Airlines have hit their share of turbulence, from supply chain issues and staffing shortages to the Russia-Ukraine conflict and elevated fuel prices. As interest rates rise and some airlines file for bankruptcy, the industry’s carbon emissions efforts are getting off the ground. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on the airline industry — Bart Biggers, Michael Burke, and Kevin Lewis. Bart and Kevin are co-leaders of Sidley’s Aviation and Airlines practice, and Michael is a partner in the firm’s Restructuring practice. Together, they discuss the current state of affairs in air travel, emerging trends in the industry, and legal considerations regarding the bankruptcies taking place.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
Bank failures have roiled the financial sector, leading consumers and businesses to brace for economic fallout. How did we get here, and how will policymakers respond? What are the tools businesses can use to mitigate risk, and could a crisis like 2008 be repeated?Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the financial industry — Michael D. Lewis and Teresa Wilton Harmon. Together, they discuss just how steady the banking system is and whether regulators can make it any safer. Michael represents financial institutions, their investors, and their counterparties in connection with federal and state banking laws. His experience includes advising on complex investment authority and regulatory structure questions, prudential regulation of banking organizations, and bank resolution and receivership issues. Teresa is the managing partner of Sidley’s Chicago office and focuses on financial transactions and commercial law. Her financial transactions experience includes secured and unsecured loans, workouts and restructurings, and structured finance and securitization. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
After a contentious State of the Union Address, President Joe Biden faces off against a divided United States Congress over the debt ceiling. The business world is paying very close attention. Will Speaker Kevin McCarthy be able to corral his slim House majority? Are any compromises possible, and can any legislation actually pass? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on Congress — Michael Borden, Pattie DeLoatche, and Brittany Bolen. Together, they discuss congressional priorities for 2023 and the potential impact on businesses. Michael is a partner in the firm’s Washington, D.C. office and leads the Government Strategies practice. He offers counsel to clients facing complex and high-stakes challenges involving congressional investigations, legislation and government regulation. Pattie is a senior policy advisor in Sidley’s Washington, D.C. office and a member of the Government Strategies practice. She provides strategic advice to the firm’s clients on legislative and regulatory issues before the administration, the U.S. Congress and federal and state agencies. Brittany is counsel in the firm’s Washington, D.C. office and a member of the Environmental and Government Strategies practices. She advises clients on a wide range of environmental regulatory and policy matters across the executive branch and on Capitol Hill. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
It’s time to play ball, both on the field and off. As this year’s pro football season culminates with the big game, the business of sports is booming. More teams are for sale, buyers are lining up, and valuations are through the roof. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the sports industry — Charles Baker and Irwin Raij. They discuss the acquisition of sports teams and their media assets, the lure for investors, and emerging trends in the industry.   Chuck is a partner in the firm’s New York and Miami offices and co-chair of Sidley’s Entertainment, Sports and Media team. He represents investors in professional sports businesses and teams and advises on sports entertainment transactions. With decades of experience in the industry, Chuck has represented sports franchise investors across numerous U.S. and international leagues.Irwin is a partner in the firm’s Miami office and co-chair of Sidley’s Entertainment, Sports and Media team. He focuses his practice on the business of sports, including team acquisitions and sales, stadium and sports-anchored development, and media. This includes having handled matters involving the European soccer leagues, Major League Soccer, Major and Minor League Baseball, the National Basketball Association, colleges and universities, and the National Football League, among many others. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
This could be the most controversial United States Supreme Court term ever. After overturning Roe v. Wade, the court now considers more profound change in election law, affirmative action, and other regulations affecting businesses. As SCOTUS welcomes a new justice, it faces questions over its own legitimacy and how far the conservative majority will go. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s experienced Supreme Court lawyers on these subjects — Carter Phillips and Kwaku Akowuah.Carter is a partner in Sidley’s Supreme Court and Appellate practice. He `is one of the most experienced Supreme Court and appellate lawyers in the country. During his time with Sidley, Carter has argued 80 cases before the high court, more than any other lawyer in private practice. Prior to joining Sidley, Carter served as an Assistant to the Solicitor General. In that position, he argued nine cases before the Supreme Court on behalf of the U.S. government. In all, he has now made 89 oral arguments before the court and more than 145 before the U.S. Courts of Appeals.    Kwaku is a co-leader of the firm’s Supreme Court and Appellate practice. His work encompasses traditional appellate litigation, administrative law disputes, contract disputes, and pre-litigation counseling. Prior to joining Sidley, Kwaku served as a law clerk to Justice Stephen Breyer of the U.S. Supreme Court.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
It’s a wake-up call for the cryptocurrency industry. Falling prices have created dangers — but also opportunities for market participants. How will investors, lenders, and the courts respond? What new laws could be imposed, and who will end up on top? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on these subjects — Teresa Wilton Harmon, Stephen Hessler, and Dennis Twomey.Teresa is the managing partner of Sidley’s Chicago office, a member of the firm’s Executive Committee, and a partner in the firm’s Global Finance practice. She focuses on financial transactions and commercial law.Steve is the global practice leader of Sidley’s Restructuring group. His practice encompasses representing debtors, creditors, and investors in corporate Chapter 11 cases, out-of-court restructurings, and acquisitions. Dennis is a partner in Sidley’s Restructuring group. He has more than 20 years of experience representing clients in complex corporate restructurings and bankruptcies. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
The Supreme Court’s recent decision in West Virginia v. EPA clips the EPA’s ability to address climate change and may fundamentally alter the administrative authority of other federal agencies to tackle big problems. As state and local governments find ways to fill the void, shareholders are demanding a response from Corporate America. How seismic is the ruling? Will it doom our efforts to address climate change? And what impact will the enactment of the Inflation Reduction Act have on the ruling? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these subjects — Justin Savage and Simone Jones.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
Private fund managers and investors are on high alert as the U.S. Securities and Exchange Commission (SEC) proposes an aggressive new regulatory agenda. Its new draft rules have been described as a “sea change” and are intended to enhance regulation and protect investors in private funds. But do those investors need or want this protection? What are the broader policy issues? And what should fund managers and investors plan for? Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these subjects — Elizabeth Shea Fries and Stephen Cohen.Liz is the managing partner of Sidley’s Boston office, global co-leader of the Investment Funds practice, and a member of the firm’s Executive Committee. She advises clients on a broad range of transactions, business and investment structures, and regulatory matters.  Steve is the global practice leader of the firm’s Regulatory and Enforcement group and a member of Sidley’s Executive Committee. He advises clients on governmental and internal investigations, enforcement-related litigation, whistleblower complaints, cyber breaches, and regulatory and compliance issues, including those that involve private fund managers. 
Finance is finally catching up with the environmental movement. Green bonds, which are debt raised by companies whose proceeds are used for environmentally beneficial purposes, are all the rage. More of them are being sold than ever before. But not all green products are equal, and the politics and regulation are complex. Why are investors buying in? What are the compliance challenges, and what are the incentives for businesses? Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these subjects — Benedetta Pacifico and Matt Feehily.Benedetta is counsel in Sidley’s London office and a member of the firm’s Capital Markets practice. She founded Sidley’s ESG-focused cross-practice sustainable finance and ESG working group in Europe. Matt is a senior managing associate in Sidley’s London office and a member of the firm’s Banking and Financial Services practice. He is also a member of Sidley’s sustainable finance and ESG working group.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
New structures, new rules?  Delaware’s Chancery Court provides guidance on disclosure, conflicts, and risk allocation. We take a look at the latest Delaware rulings and what they say about SPAC directors' fiduciary duty, as well as COVID’s effect on M&A deals, and how corporations and boards can mitigate their liability. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these subjects — Jim Ducayet and Charlotte Newell.Jim is a partner in Sidley’s office in Chicago and a co-head of the firm’s Securities and Shareholder Litigation practice. Charlotte is a partner in Sidley’s office in New York and a member of the firm’s Securities and Shareholder Litigation and Corporate Governance and Executive Compensation practices.
Momentum on climate action is unstoppable. Investors, businesses, and the public are demanding policymakers get serious about reducing emissions. Legislation from the U.S. and EU offers challenges and incentives for businesses worldwide. How will these proposed laws impact companies, and importantly, can they deliver on the promise of making tangible progress in the fight against climate change?   Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on the subject — Nicolas Lockhart, Andrew Shoyer, and Brittany Bolen. Nic is a partner in Sidley’s Geneva office and a member of the firm’s Global Arbitration, Trade, and Advocacy practice. Andy co-leads Sidley’s Global Arbitration, Trade, and Advocacy practice and is a partner in the firm’s Washington, D.C. office. Brittany is a senior policy advisor in the firm’s Environmental and Government Strategies practices in Sidley’s Washington, D.C. office.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
It’s not just “varsity blues.” Universities are facing different kinds of crises than they ever imagined before, from COVID and Title IX to sports scandals and cyber breaches. As these institutions find themselves in legal and political crosshairs, their legal counsel are called on to mitigate and even preempt potential disaster. How do they plan and execute these strategies, and what makes universities unique compared to other institutions? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the subject — Wendy Lazerson and Karen Popp. Wendy is co-chair of Sidley’s Labor, Employment, and Immigration practice and is a partner in the firm’s San Francisco and Palo Alto offices. She also serves on the firm’s COVID-19 Task Force. Karen is the global co-leader of the firm’s White Collar: Government Litigation and Investigations practice and is a partner in the firm’s Washington, D.C. office. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
Life is getting harder for boards of directors of public companies. Increased scrutiny of companies — particularly in heavily regulated industries — has led to greater risk of criminal and civil liability. And recent Delaware cases have ratcheted up the pressure, allowing lawsuits to proceed against boards for failure of oversight. What should directors know about their oversight responsibilities?  And what can boards do to mitigate their risk? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the subject — Holly Gregory and Dr. Paul Kalb.Holly is co-chair of Sidley’s global Corporate Governance and Executive Compensation practice, and currently serves as the president of the American College of Governance Counsel. Paul serves as the global leader of Sidley’s Healthcare and FDA group and leader of the firm’s COVID-19 Task Force. He is also a member of the firm’s Executive Committee. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
Recent events have given the term “corporate crisis” a whole new meaning. From cyberattacks and pandemic disruptions to political divisions and tweets that go viral, companies are being challenged in ways they never have before. How should they respond in a fast-moving crisis? How can they identify risks and mitigate them? And who should execute their strategy? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on crisis management and corporate risk — Yvette Ostolaza and Raymond Bonner.  Yvette is chair-elect of Sidley’s Management Committee. She is also a member of the firm’s Executive Committee and global co-leader of its Litigation practice. Ray founded the firm’s Food, Drug, and Medical Compliance and Enforcement practice. He is lead counsel for the firm’s Risk Management and Critical Matters team and a member of the firm’s Executive Committee. Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
Three COVID-19 vaccines are now authorized for use in the U.S., and more than half of all U.S. adults have received at least one shot. The push for vaccinations is raising ethical and legal questions. Can private employers mandate vaccinations for their workers? What are the ramifications if they do? How should businesses navigate federal and state requirements? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the subject — Wendy Lazerson and Rebecca Wood.Wendy is the co-chair of Sidley’s Labor, Employment, and Immigration practice and a partner in the firm’s San Francisco and Palo Alto offices. She also serves on the firm’s COVID-19 Task Force. Becky serves on the firm’s Global Life Sciences Leadership Council and leads our Washington, D.C. Healthcare and FDA group. She was a founding member of the firm’s COVID-19 Task Force and recently served at the FDA as chief counsel — the general counsel role — under former commissioner Scott Gottlieb.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
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