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MoFo Perspectives Podcast

Morrison & Foerster LLP (MoFo)

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We are Morrison & Foerster. We are MoFo. We are synonymous with a commitment to client service and advisors to market-changing deals and impact litigation. Our clients include some of the largest financial institutions, Fortune 100 companies, and leading technology and life sciences companies. We represent investment funds and startup companies, and over the years have supported their growth and development as leading industry players and household brands.
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Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the third episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences …
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Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the second episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders in the space share the insights and advice you need to manage business and legal risk in th…
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In this episode of the Above Board podcast, Morrison Foerster partner and host Scott Lesmes speaks with Morrison Foerster partners Haima Marlier and Michael Birnbaum, both former senior trial counsel at the SEC, and Craig Martin, a former enforcement attorney at the SEC, about recent SEC enforcement activities concerning controls violations. The di…
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Why should you be concerned with English Anti-Suits (no Harvey or Mike here), French arbitration and Russian proceedings? Join Chiraag Shah and Robin Bachmann on our recent arbitration episode, as they discuss the English Supreme Court’s in the recent Unicredit v RCA decision, and what this may spell for things to come ……
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Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors in the firm’s Investigations + White Collar Defense Group, host the first episode of their new podcast titled When Your Life Sciences Are on the Line, where leading practitioners and thought leaders in the life sciences sector share the insights and advice yo…
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AI is rapidly changing the way we do business. AI presents exciting opportunities for founders and emerging companies but the laws governing AI in the UK are in a state of flux. There are many different laws and guidance to understand and contend with, which can be challenging for emerging businesses.Join AI and Technology partner Charlotte Walker-…
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The legal framework on AI in the UK is in a state of flux, with the UK government’s desire to be a “pro-innovation” hub for AI businesses yet to be underpinned by a clear legal framework. Join AI and Technology partner Charlotte Walker-Osborn and IP partner Steven James to discover some of the areas you need to be thinking about when developing, de…
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The 14th episode in this series focused on “Business Leadership in the Context of 2024’s Elections,” with Aron Cramer, President and CEO of BSR, interviewing Daniella Ballou-Aares, Founder and CEO of the Leadership Now Project.Daniella started the Leadership Now Project in 2017 to focus business leaders on the critical actions required to renew Ame…
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More than a quarter of respondents (26%) in our survey say they have left sustainability policies unchanged because of concerns raised by principals or investment professionals; almost as many (24%) cite the concerns of their limited partners (LPs). In this podcast, we discuss the backlash against ESG in the US and how it impacts Asia-headquartered…
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The thirteenth episode in this series focused on “ESG: Looking Back and Ahead,” with Aron Cramer, president and CEO at BSR, and Susan H. Mac Cormac, co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo.The ESG and impact space witnessed interesting developments in 2023, ranging from new regulations to anti…
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In certain states in the US, the EU and the UK, there is a growing expectation for companies and funds to extend sustainability due diligence throughout their global supply chains. Companies and funds are also facing increasing customer demands with respect to sustainability. In this podcast, we discuss how companies and funds can think holisticall…
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The vast majority (80% ) of tech and tech-focused respondents to our survey responded that they have adopted or require their portfolio companies to adopt responsible tech policies. Data privacy and cybersecurity appear to be the top concerns of our respondents, particularly as data becomes more and more valuable. However, the risks involved with A…
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“Responsible tech” is a hotly debated topic in the US and Europe, but less so in Asia. Our annual survey of Asia headquartered PE Funds reveals that many require their portfolio companies to apply responsible tech, but also that for many respondents “responsible tech” is synonymous with data privacy and cybersecurity. This narrow approach misses on…
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The twelfth episode in this series focuses on “Climate Disclosure Rules: Preparing For Regulatory Oversight,” with Kristina Wyatt, Deputy General Counsel and Chief Sustainability Officer at Persefoni, and Neil Stewart, Director of Corporate Outreach at the International Sustainability Standards Board (ISSB). The discussion was led by Jackie Liu.Thi…
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One of the most important issues Entrepreneurs want to know about, is how to make their business more investable to investors. It can sometimes seem a bit of a mystery: why does one business skyrocket and another in the same sector struggles to take off? How do you put your business in the best possible position to secure investment? To find out ab…
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In our 2022 report, we concluded that sustainability work had become a clear priority for GPs headquartered in Asia, with most organizations devoting increasingly significant resources to this area. However, we also noted that work was at an early stage for many in the region. One year later, this year’s research reveals that further progress has b…
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The eleventh episode in this series focuses on “Just Transition: How Companies and Investors Can Ensure an Equitable and Sustainable Future,” with Aron Cramer, President and CEO of BSR, interviewing Kate Gordon, Former Senior Advisor to Energy Secretary Jennifer Granholm at the U.S. Department of Energy (DOE). It is increasingly clear that the ener…
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In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn speaks with Edward Imperatore, a partner in Morrison Foerster’s Investigations + White Collar Defense practice group and former Assistant United States Attorney for the Southern District of New York, about the increasing securities enforcement focus on the life…
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The tenth episode in this series focuses on “How Large Financial Institutions Are Integrating Climate Strategies,” with Suz Mac Cormac, Global Co-chair of the Environmental, Social, and Governance (ESG) and Social Enterprise + Impact Investing practices at MoFo, interviewing Rama Variankaval, Global Head of Corporate Advisory & Sustainable Solution…
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In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn speaks with Linda Clark, partner in Morrison Foerster’s market-leading global Privacy + Data Security Group and former Chief Data Security Counsel for RELX, about the roles of GCs and directors in protecting and maintaining their companies’ cybersecurity and mi…
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In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses recent developments at the DOJ, the SEC, and the U.S. Attorneys’ Offices regarding a variety of matters that are important for boards of directors and companies to consider when they approach corporate compliance issues with Morrison Foerster Securiti…
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In this episode of MoFo Perspectives, Los Angeles Litigation Partner and co-chair of the Women’s Strategy Committee, Tritia Murata, and managing partner of MoFo’s New York office, Jamie Levitt, discuss the legal implications of recent Supreme Court decisions with NYU Law professors and legal scholars, Professors Melissa Murray and Kenji Yoshino, an…
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The ninth episode in this series focuses on “Responsible Innovation: Ensuring Ethics in Emerging Technologies,” with Aron Cramer, President and CEO at BSR, interviewing Paula Goldman, Chief Ethical and Humane Use Officer at Salesforce, and Lokke Moerel, Senior Of Counsel, Privacy + Data Security practice and ESG Steering Committee member, at MoFo.…
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The eighth episode in this series focuses on the “Business Implications of the Supreme Court's Ruling on Affirmative Action” with Michael McAfee, President and CEO at PolicyLink, and Jarrid Green, Co-Director, Center for Business and Social Justice, at BSR. The discussion will be led by Mark L. Whitaker, Co-chair of the Intellectual Property Litiga…
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In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses shareholder activism with the firm's global Mergers & Acquisitions Group co-chairs, Spencer Klein and Brandon Parris. They discuss the key shareholder activism developments that boards of directors should be considering in 2023, including the latest d…
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In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses the U.S. DOJ’s new corporate voluntary self-disclosure policy with Nate Mendell, the former Acting U.S. Attorney for the U.S. Attorney’s Office for the District of Massachusetts and partner in the firm’s Investigations + White Collar Defense practice,…
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The seventh episode in this series focuses on the “Net Zero Transition – Opportunities and Headwinds” with Aron Cramer, President and CEO, BSR, interviewing Curtis Ravenel, Senior Advisor to the Co-chairs and Vice Chair, Glasgow Financial Alliance for Net Zero (GFANZ).By Morrison & Foerster LLP (MoFo)
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In this episode of the Above Board podcast, Morrison Foerster partner and host Dave Lynn discusses recent legal developments in human rights that are of concern to the boards of directors of public companies in the US and Europe with attorneys in the firm's Global Ethics + Compliance and FCPA + Global Anti-Corruption practices: San Francisco partne…
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The sixth episode in this series focuses on “Embedding Impact in Mainstream Investments – Risks and Opportunities” with Suz Mac Cormac, Global Chair of the Environmental, Social, and Governance (ESG), Social Enterprise + Impact Investing, and Energy practices at MoFo, interviewing Kyung-Ah Park, Managing Director, ESG Investment Management at Temas…
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There is a growing interest in ESG-driven investments amongst Asia fund managers, with every respondent to Our Asia Funds ESG Survey 2022 stating that they take ESG criteria into account on investment decisions. However, there is a mismatch between ESG words and deeds in Asia, with many fund managers having investment policies in place that do not …
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It has been just over two years since the UK officially exited the EU and we are beginning to see how the UK and the UK Information Commissioner’s Office (ICO) intend to differentiate themselves from the EU approach to restricted transfers (i.e., transfers of personal information to countries that are not recognized as “adequate” for data protectio…
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In this episode of the Above Board podcast, partner and host Dave Lynn speaks with Miriam Wugmeister, partner and co-chair of Morrison Foerster’s Global Privacy and Data Security Group, and Jackie Liu, a partner in Morrison Foerster’s Corporate Governance practice and a member of the Board of Directors of public company CEVA, Inc. They address the …
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In the first episode of this two-part MoFo Perspectives podcast, MoFo Global Antitrust co-chair Lisa Phelan and of counsel Rob Manoso speak with Employment & Labor partner Andrew Turnbull, along with special guest Matt Bester, Director of Competition Law at Accenture, to discuss the current and emerging trends between antitrust and employment law. …
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In the second episode of this two-part MoFo Perspectives podcast, MoFo Global Antitrust co-chair Lisa Phelan and of counsel Rob Manoso speak with Employment & Labor partner Andrew Turnbull, along with special guest Matt Bester, Director of Competition Law at Accenture, to discuss the current and emerging trends between antitrust and employment law.…
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The fifth episode in this series focuses on “navigating crosswinds while continuing to advance sustainability,” with Aron Cramer, President and CEO of BSR, interviewing Ken Mehlman, Partner, Global Head of Public Affairs and Co-Head of KKR Global Impact.Ken will provide insights on how businesses are navigating the current economic and political cr…
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Diversity, equity and inclusion (DE&I) is gaining traction, but for now, only a minority of GPs seem to be taking genuine action on DE&I concerns. Our Asia Funds ESG Survey 2022 shows that 88% of funds communicate DE&I policies internally, but only 33% have made a financial commitment to DE&I and with only 50% saying they are committed to diverse r…
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The fourth episode in our series focused on “implementation of sustainability-related disclosure standards” with Suz Mac Cormac interviewing Janine Guillot, Special Advisor to the International Sustainability Standards Board (ISSB) at the International Financial Reporting Standards (IFRS) Foundation.…
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As firms increasingly embrace ESG parameters as part of investment considerations, the importance of investment professional alignment with ESG objectives is featuring prominently in ESG conversations. One of the ways to ensure alignment is by linking compensation to ESG KPIs.Based on our survey findings, only 14% of the funds surveyed tied investm…
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Our survey findings reveal that many Asia-based fund managers are at an early stage of their ESG journey. Many have policies in place, but these may not be embedded in operations and decision‑making. This is potentially dangerous as Asia fund managers will increasingly be at risk of accusations of “greenwashing,” the same criticism applied to many …
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In this episode of the Fellow subseries, SEO Law Fellow, Keatrice Robertson hosts a discussion with DC Financial Services Partner, Maria Earley, and MoFo’s Chief Diversity + Inclusion Officer, Natalie Kernisant, about the importance of having diversity in the partnership ranks and how the creation of focused D+I management strategies aimed at recru…
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The third episode in our series focused on “delivering an authentic approach to sustainability” with Aron Cramer, President and CEO of BSR, interviewing Rose Stuckey Kirk, the Chief Corporate Social Responsibility Officer at Verizon. Rose provided insights on how she provides values-based leadership to address social needs in a way that enhances an…
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In this episode of MoFo Perspectives, Morrison Foerster partner and co-chair of the firm’s Global Privacy & Data Security practice Alex van der Wolk speaks with associate Whitney Lee about her pro bono work with CYREIN, The Cyberstalking Resource Initiative. Whitney founded CYREIN in 2018 to support victims of cyberstalking and cyber harassment aft…
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After several years of negotiation following the invalidation of the Privacy Shield by the European Court of Justice (CJEU), on October 7, the president signed an Executive Order, and the attorney general issued regulations, implementing the agreement between the U.S. and the EU announced earlier this year to replace the Privacy Shield framework. T…
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In this episode of Diversity in Practice, as part of MoFo’s observance of National Disability Employment Awareness Month, Chief Diversity and Inclusion Officer Natalie Kernisant leads a discussion with David Cross—chair of the firm’s Antitrust Litigation practice, Disability Affinity Network liaison, and an active member of the Diversity Strategy C…
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