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Law, Policy & Markets: Milbank Conversations explores key business and legal trends in today's evolving global economy. With candor and a sophisticated understanding of the issues, host Allan Marks and other Milbank partners and guests delve into diverse topics, such as ESG and sustainability, cybersecurity, airlines and aviation, biopharma, global capital markets, climate change and the energy transition, cross-border workouts, private equity, cutting-edge litigation, enforcement policies in securities and antitrust, and values-based innovation in the legal profession. Discover what’s happening, what it means, and what’s next. More details at Milbank.com. Follow us on social media and podcast platforms, including Apple, Spotify, Google and Audible.
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The United States Federal Energy Regulatory Commission (FERC) regulates US energy markets. FERC’s latest annual report on key market trends noted falling average prices for natural gas and electricity despite increased demand for both. New renewable energy and storage facilities are coming online at a brisk pace, making the grid cleaner and more efficient. FERC is about to get three new commissioners, who will face challenges of interregional transmission constraints and gri...
Originally broadcast: Tuesday, December 14, 2021. A charity encounters surprising roadblocks to building a new cemetery for low-cost Muslim burials in Stafford County, Virginia. In this episode, host Allan Marks follows the cemetery’s path to justice with the lawyers who handled the civil rights case, Tawfiq Rangwala and Melanie Westover Yanez, and their pro bono client, the All Muslim Association of America, at the intersection of religious freedom, land use, and local politics i...
What impact will the 2024 presidential election have on antitrust policy, federal merger approvals, and foreign investment in the United States? Uncertainty about future federal policy makes investment decisions this year especially challenging. In this episode, host Allan Marks speaks with Milbank partners Adam Di Vincenzo and John Beahn about antitrust and CFIUS policy under the administrations of President Biden and former President Trump, discovering both shar...
The push for cleaner energy has led to greater reliance on intermittent renewable energy resources, particularly solar and wind energy. To integrate these resources into a more efficient and reliable “smart grid” requires new investment in energy storage. What are the best ways to provide resource adequacy and to bridge the gaps between when (and where) power is generated and when (and where) it is needed? California is leading the way with massive new investments in innovative en...
What blind spots are we missing in the global conversation about energy and geopolitics? In this episode, The Geopolitics of Energy: “Shifting Sands,” Allan Marks hosts a fireside chat with Dr. Carolyn Kissane, a professor at NYU’s SPS Center for Global Affairs. Public policies in Europe, the US and China are stimulating massive capital investment in renewable energy, EVs, batteries and the energy transition, and India is a rapidly rising economy. Mr. Marks and Dr. Kissane look at ...
How is espionage evolving between China, Russia and the United States? What should a board director ask corporate management about AI, state-sponsored cyberattacks, and political risk in making strategic decisions? Host Allan Marks sits down with former FBI Special Agent Holden Triplett for a candid, wide-ranging and practical conversation about how companies and policymakers can better manage national security risks in a world of shifting geopolitics and disruptive technologies. ...
Milbank LLP partner Alexandra Johnson created the firm’s innovative training program for junior transactional lawyers, Deals@Milbank. In this new podcast episode, Training Transactional Lawyers in New Ways: “What’s the Deal with That?”, she sits down with host Allan Marks to talk about lessons learned teaching drafting, negotiating, creativity, collaboration and commercial judgment to new lawyers. Sometimes teachers learn from their students, too, in pleasantly surprising ways.About the Speak...
What do law students today think about values, workplace culture, technology, privacy, work/life balance, and conflicting opinions? Host Allan Marks explores these issues in a candid, wide-ranging roundtable discussion with five 2023 summer associates at Milbank: Heaven Johnson-Branch; Konstantina Katsimeni; Harrison Makaruk; Isabela Motta; and Vishnu Nagireddy. They also share their experiences and opinions on related, timely topics:How new technologies (such as AI and bloc...
The justice gap represents the difference between the civil legal assistance available to low-income individuals and the assistance that they need. Alexander (“Alex”) Forger, former Chairman and retired partner at Milbank, has spent much of his career ensuring that working-class people have equal access to legal representation and that the federal Legal Services Corporation (LSC) – which he headed – can thrive as an essential resource to fund pro bono legal services nationally. Now 100 ...
ESG #15: Treaties and international tribunals interpreting and applying those treaties can impact how governments behave and how companies invest, bringing about concrete effects in the real world. Today, international courts are being summoned to answer questions about responsibility and liability for climate change impacts under international law. In December 2022, the Commission of Small Island States on Climate Change and International Law asked the International Tribunal for the Law of t...
ESG #14: By 2030, renewables (mainly wind and solar power) are forecast to generate most of Europe’s power and almost half the power in the US and China. Other sectors – like transportation and heavy industry – are also decarbonizing. What drives this energy transition away from fossil fuels toward cleaner energy sources and greater energy efficiency? New regulations are discouraging greenhouse gas emissions, and government policies and market forces are stimulating massive new investme...
New York City jails are falling short of the minimum legal standard of access for needed medical care, with thousands of incarcerated people at Rikers Island and other city jails routinely deprived of adequate treatment. Costs per inmate are up, but uniformed correctional staffing is down. The result: an overburdened jail system that is ineffective, inefficient, and inhumane.In the latest episode, Contemptible Conditions: The Fight For Decent Medical Care in NYC Jails, Milbank Lit...
The new year holds practical challenges and the promise of resilience for the German economy and the Eurozone. In the latest episode, Germany Economic Outlook for 2023: "Strength Lies in Being Calm," Frankfurt-based partner Mathias Eisen examines the state of the German economy, European debt capital markets, and corporate restructurings. Along with host Allan Marks, he explores how companies and creditors are managing uncertainty in markets and the liquidity challenges wrought by infla...
ESG #13: How will investors and policymakers move forward on climate change in 2023 after an eventful 2022? In this episode, host Allan Marks and London partner Chris Taufatofua, both members of Milbank's Project, Energy and Infrastructure Finance group, share personal reflections from their participation at the COP27 UN Climate Change Conference, look at trends from 2022 and preview 2023. They discuss global clean energy investment, the special role of oceans, negotiations for a ...
The $9.5 billion New Terminal One at New York's John F. Kennedy Airport -- developed, financed and built by a private consortium – will be the largest terminal at the airport when completed, with state-of-the-art technology, sustainability and capacity upgrades. Construction financing for the new terminal closed this summer, followed by the official groundbreaking in September 2022. The members of the public-private partnership overcame myriad challenges – the global pandemic, volatile ...
In 2020, leading aircraft lessor Nordic Aviation Capital (NAC) navigated the sudden collapse in air traffic due to the pandemic with help from its creditors and an Irish court. Two years later, the company went through a chapter 11 restructuring, emerging from bankruptcy in June 2022. In this episode, Restructuring an Aircraft Lessor: “NAC DAC is Back,” host Allan Marks speaks with Jim Cameron, Karen McMaster and Tyson Lomazow about restructuring the company and its subsidiaries, each with it...
ESG #12: How can law firms, corporations and other employers foster a culture of opportunity that encourages success for everyone? For diversity, equity and inclusion (DEI) initiatives to succeed, they must be grounded in authenticity, intentionality, respect and trust. In this episode, host Allan Marks speaks with Mikeisha Anderson Jones, Milbank’s global Chief Diversity, Equity and Inclusion Officer, about uniting people, passion and purpose to create a cohesive workplace community that app...
Airlines in Asia have been slow to recover since the pandemic slammed the brakes on the fastest growth market for global aviation. In this episode, host Allan Marks speaks with Milbank Transportation and Space partner Paul Ng about the current state of Asia’s aviation market, recent restructurings and prospects for future growth in air traffic. They explore the shape of the recovery for airlines, passengers and air cargo, manufacturers and lessors of aircraft – and some reasons for opti...
A Canadian scandal holds a mirror up to media and politics in Canada, with implications for the US and other advanced democracies, and it's not a pretty picture.In this episode, host Allan Marks speaks with Milbank Litigation partner Tawfiq Rangwala about his new book What WE Lost: Inside the Attack on Canada’s Largest Children’s Charity, misinformation and political gamesmanship. What WE Lost, which is a national bestseller in Canada, offers a behind-the-scenes account of the rise and fall o...
ESG Series #11: Investors, borrowers and financial institutions are using Environmental, Social and Governance (ESG) principles and metrics to shape the ways they attract capital, screen investments, set terms in complex transactions, and meet evolving compliance and disclosure requirements. The trend to incorporate ESG and sustainability considerations into debt issuances seems likely only to grow. In Europe specifically, the Sustainable Finance Disclosure Regulation (SFDR) and the EU Taxono...
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