The latest installment of Ropes & Gray’s podcast series, Culture & Compliance Chronicles, explores company culture in times of crisis. In part one of a three-part discussion, litigation & enforcement attorney Amanda Raad talks with three partners at EY—Katharina Weghmann, Maryam Hussain and Melissa Myatt—who focus on behavioral science and decision-making in the corporate context. The group considers what the research says about the drivers of firm culture, how companies and individu...
Jun 01, 2020•32 min
In this Ropes & Gray podcast, asset management partners Isabel Dische and Melissa Bender discuss how the COVID-19 pandemic offers an opportunity for asset managers to evaluate how their portfolio companies are managing the pandemic (and likewise for institutional investors to evaluate their asset managers). They’ll also discuss how investors may want to apply lessons learned from recent market events to their ESG programs going forward.
May 18, 2020•5 min
Under normal circumstances, credit fund managers that invest retirement plan money face multiple fiduciary and conflict of interest issues under ERISA that require special attention. These issues have been amplified by the current global health emergency and related economic crisis. In this Ropes & Gray podcast, asset management partner Jessica O’ Mary and ERISA & benefits partner Josh Lichtenstein address how credit fund managers that invest on behalf of ERISA accounts can navigate some...
May 13, 2020•16 min
In this Ropes & Gray podcast, asset management partner George Raine is joined by tax partner Pamela Glazier to discuss the legal, tax and operational issues involved when 1940 Act registered interval funds invest in unregistered open-end real estate funds, as private fund managers look for new sources of capital, and registered fund managers look for alternative investments for their retail investor base.
May 12, 2020•27 min
In this Ropes & Gray podcast, asset management partner Isabel Dische is joined by tax partner Dan Kolb and asset management associate Adam Dobson to discuss preferred equity deals in the private funds context. Following a brief explanation of what these deals are, they share why a fund sponsor or an investor may want to pursue a preferred equity financing, and provide details on the structures and certain considerations for these deals that market participants may want to keep in mind.
May 07, 2020•6 min
Apr 28, 2020•51 min
In the second episode of Ropes & Gray’s podcast series, Culture & Compliance Chronicles, litigation & enforcement attorneys Tina Yu and Amanda Raad, who co-chairs the firm’s global anti-corruption and international risk practice, continue their conversation with Jules Colborne-Baber, a partner and forensic audit expert at Deloitte UK, and Richard Bistrong, CEO of Front-Line Anti-Bribery LLC, about behavioral science and compliance. The first part of their conversation focused on the ...
Apr 28, 2020•17 min
In this Ropes & Gray podcast, asset management partner Joel Wattenbarger and associate Gideon Blatt discuss the federal banking agencies’ proposed amendments to the Volcker Rule’s covered fund provisions. They address the existing landscape, the agencies’ notice of proposed rulemaking and the potential impact it may have on the asset management industry.
Apr 27, 2020•11 min
In this Ropes & Gray podcast, asset management partner Mike Doherty and counsel Laura Hirst discuss the 2009 Term Asset-Backed Securities Loan Facility (TALF) program which the Fed established in response to the 2008-2009 financial crisis and, given current market conditions, what might be expected for the 2020 TALF program.
Apr 20, 2020•9 min
In this Ropes & Gray podcast, asset management partners Isabel Dische and Katie Waite discuss some of the reasons why the credit funds secondaries market has historically been smaller than the private equity secondaries market, and why and how that has been changing recently, including as a result of market declines triggered by the COVID-19 pandemic.
Apr 15, 2020•4 min
Welcome to Culture & Compliance Chronicles, a new Ropes & Gray podcast series focused on the behavioral sciences approach to risk management. In this inaugural episode—part one of a two-part series—Ropes & Gray litigation & enforcement attorneys Amanda Raad and Tina Yu are joined by special guests Richard Bistrong, CEO of Front-Line Anti-Bribery LLC, and Jules Colborne-Baber, a partner and forensic audit expert at Deloitte UK, to take a deep dive into behavioral sciences and comp...
Apr 02, 2020•27 min
In this Ropes & Gray podcast, benefits partners Loretta Richard and Josh Lichtenstein discuss the Coronavirus Aid, Relief and Economic Security Act (also known as the CARES Act) in the context of 401(k) plans and other tax-qualified defined contribution retirement plans, including coronavirus-related distributions and loans that can be taken from qualified defined contribution retirement plans, the issues plan sponsors should focus on under the CARES Act, and other issues and challenges for ...
Apr 01, 2020•11 min
In this Ropes & Gray podcast, litigation & enforcement partner Dan Ward, ERISA and benefits partner Josh Lichtenstein, and benefits principal David Kirchner discuss the recent $12 million settlement that has been agreed to in the Oracle 401(k) fee litigation, which includes some non-monetary requirements that could have a ripple effect on the routine cross-selling activities of third-party recordkeepers and other service providers to plans.
Mar 23, 2020•8 min
In the latest episode of Ropes & Gray’s alumni podcast series, Alumni @ RopesTalk, IP litigation partner Matt Rizzolo interviews Alex Roberts, who left the firm eight years ago and is now an associate professor at the University of New Hampshire School of Law. In this lively conversation, Alex gives a vivid picture of her life as a professor—from teaching courses on trademark law and the intersection of pop culture and the law, to publishing cutting-edge scholarship about deceptive practices...
Mar 18, 2020•28 min
In this Ropes & Gray podcast, Isabel Dische, partner in the asset management group, and Molly Moore, counsel in the asset management group, discuss steps buy-side market participants can take to understand and mitigate possible implications of the COVID-19 pandemic on their derivatives contracts. Topics covered include events of default and termination events as well as super-collateral events that may be triggered by the COVID-19 pandemic, credit-related considerations, force majeure provis...
Mar 16, 2020•8 min
In this Ropes & Gray podcast, Ama Adams and Brendan Hanifin discuss new regulations implementing the Foreign Investment Risk Review Modernization Act (“FIRRMA”). The new regulations, which took effect on February 13, 2020, 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.
Mar 05, 2020•12 min
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 ...
Feb 14, 2020•12 min
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 a...
Feb 12, 2020•16 min
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 pro...
Feb 12, 2020•27 min
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 ES...
Jan 27, 2020•5 min
The eighth installment of Ropes & Gray’s podcast series Non-binding Guidance looks at SEC disclosure issues for life sciences companies. In this episode, Ropes & Gray partners Kellie Combs and Emily Oldshue discuss when to disclose, how to frame the disclosure, and how the responses to both of these questions are informed by SEC enforcement actions and securities litigation, as well as their experience working with life sciences companies in various stages of development. Emily and Kelli...
Jan 09, 2020•13 min
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.
Jan 06, 2020•6 min
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 Ti...
Dec 18, 2019•1 hr 1 min
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.
Dec 16, 2019•8 min
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 s...
Dec 02, 2019•20 min
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.
Nov 25, 2019•12 min
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...
Nov 18, 2019•9 min
In this Ropes & Gray podcast, asset management partners Isabel Dische and Melissa Bender provide an overview of key considerations for family offices and foundations as they consider whether, and how, to integrate ESG factors and/or impact investing into their investment processes.
Nov 18, 2019•10 min
In this Ropes & Gray podcast, Jeremiah Williams and Casey White discuss compliance issues surrounding the valuation of debt investments held by credit funds. Debt investments create unique valuation challenges for sponsors making such determinations, such as managing potential conflicts of interest. This podcast discusses certain regulatory compliance considerations relevant to the valuation of debt instruments and the importance of instituting and following valuation policies and procedures...
Nov 13, 2019•11 min
The seventh installment of Ropes & Gray’s podcast series, Non-binding Guidance, dives into the closely watched administrative law case, Kisor v. Wilkie. This Supreme Court case addresses the continued validity of the doctrine articulated in the 1997 Supreme Court case Auer v. Robbins, regarding judicial deference to federal administrative agency interpretations of their own regulations. In this episode, Ropes & Gray partner Greg Levine interviews his colleagues, Doug Hallward-Driemeier a...
Nov 12, 2019•27 min
