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Votes & Verdicts

Bloombergwww.iheart.com

Votes and Verdicts is a series that examines the intersection of business, policy and law. It features conversations between Bloomberg Intelligence's team of litigation and policy analysts and thought leaders discussing legal and policy issues affecting markets and business decisions across many sectors.

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Episodes

Lyft, Uber and the California Prop. 22 Brief

California voters in 2020 adopted a ballot initiative — Proposition 22 — that was considered critical for gig-economy companies like Lyft, Uber and DoorDash. The rule exempted app-based drivers from the state’s strict worker classification laws. But now, the California Supreme Court has heard arguments in a case that threatens to strike it down. What is this legal fight about, who is likely to win, and when will it play out? In this episode of the Votes and Verdicts podcast, Bloomberg Intelligen...

Jul 10, 20249 min

Kraninger on Bank Regulations, CFPB, Crypto

Basel III is not just about how much capital the banks have to hold, but what the lending environment looks like and what impact that has on businesses of all sizes and the ability of these institutions to serve them, which means it has an impact on employment and on the economy, Florida Bankers Association CEO and former CFPB Director Kathy Kraninger tells the Bloomberg Intelligence Votes and Verdicts podcast. BI analysts Elliott Stein and Nathan Dean hosted Kraninger to discuss the status of U...

Jul 02, 202441 min

Net Neutrality Gets Another Day in Court

Can the FCC regulate broadband service? Bloomberg Intelligence analyst Matt Schettenhelm joins colleague Jennifer Rie in this Votes and Verdicts brief to discuss the FCC’s latest advance of net-neutrality rules. They explore how the legal challenge to the agency’s rules is likely to play out. See omnystudio.com/listener for privacy information.

Jul 01, 202410 min

Calabria on Fannie, Freddie Conservatorships

What’s the path and timeline for Fannie Mae and Freddie Mac to exit conservatorship? How should the Federal Housing Finance Agency’s independence be restored? Did the FHFA exceed its authority in implementing the Fannie-Freddie profit sweep? How should the Basel III Endgame proposal be improved? Do other regulators have problematic work environments like the FDIC? In this episode of the Votes and Verdicts podcast, Bloomberg Intelligence analysts Elliott Stein and Ben Elliott host Mark Calabria, ...

Jun 10, 202453 min

Catalysts for Apple, Alphabet, GSK, and Visa

A Supreme Court ruling on First Amendment shields for Alphabet, Meta and other big-tech platforms, a liability verdict in the Justice Department’s antitrust case v. Google, and a hearing on a proposed $30 billion class settlement between Visa, Mastercard, credit card issuers and merchants are June catalysts to watch. In this litigation and policy outlook episode of Bloomberg Intelligence’s Votes and Verdicts podcast, host Elliott Stein, BI financials litigation analyst, discusses these and other...

Jun 05, 202444 min

Todd Phillips on Basel III, Chevron, Crypto

Biden-era rules are facing skeptical courts, creating a pivotal moment for US financial regulation impacting banks, asset managers and crypto platforms. Billions of dollars in relief could be heading to the industry if such rules are overturned. Bloomberg Intelligence analysts Nathan Dean and Elliott Stein host Todd Phillips, assistant professor of law, Robinson College of Business at Georgia State University, to discuss the future of US crypto policy, the rule known as the Basel III endgame, th...

May 31, 202444 min

Durbin on Credit Cards, Airline Programs

The Credit Card Competition Act, a bid to lower fees for retailers and consumers, could increase competitive pressures for Visa and Mastercard if enacted. The bill requires banks above $100 billion in assets to offer more than one credit-card network. Bloomberg Intelligence analysts Nathan Dean and Elliott Stein hosted US Senator Dick Durbin of Illinois to discuss the measure. They also examine whether airline reward programs would disappear if the bill were to become law. Additionally, Dean and...

May 23, 202422 min

Medicare’s Hospital-at-Home and Other Reforms

Bloomberg Intelligence analyst Duane Wright discusses delivery-system reform and the hospital-at-home program with Mark Prather, on this episode of the Votes and Verdicts podcast. Mark is the co-founder and executive chairman of DispatchHealth, a leading in-home medical provider company. They discuss Mark’s background as a board-certified emergency medicine specialist, the spark that led him to focus on improving care delivery, and the outlook for the US Congress to extend the current hospital-a...

May 17, 202437 min

Is TikTok on the Countdown to a Shutdown?

ByteDance has signaled it won’t comply with a new US law requiring it to sell its TikTok video-sharing app, setting the stage for what likely will be a lengthy legal battle that could end up at the Supreme Court. TikTok faces rising pressure of a ban in the US if China-based ByteDance doesn’t divest the app. BI Analysts Matthew Schettenhelm, Tamlin Bason and Mandeep Singh analyze what’s at stake for the company and its competitors, and what’s next in Congress, the courts and the EU. See omnystud...

May 09, 202438 min

Google, LiveNation, Uber and Other Catalysts

Closing arguments in the Justice Department’s antitrust case v. Google, a possible DOJ antitrust lawsuit against LiveNation and a key hearing for Lyft and Uber in California’s Supreme Court are important May catalysts to watch. This Bloomberg Intelligence litigation and policy outlook episode, hosted by financials litigation analyst Elliott Stein, gathered the team to discuss these and other developments. In addition, BNP Paribas and Societe Generale argued a Cuba sanctions case, while BNP tries...

May 03, 202437 min

Kelleher on FinReg, ‘Kangaroo’ Courts

The status of US financial regulation, including the SEC’s climate-change disclosure rule, the Basel III endgame, cryptocurrencies and potential proposals on executive compensation were topics of discussion as Bloomberg Intelligence analysts Elliott Stein and Nathan Dean hosted Better Markets CEO and Co-Founder Dennis Kelleher. They also discussed how US regulation is changing in light of new court reviews and how regulators should approach promulgating new rules in the future. See omnystudio.co...

Apr 18, 202447 min

Pharma and Biotech Drug Pricing Policy Outlook

Bloomberg Intelligence analysts Duane Wright and Aude Gerspacher look ahead in this edition of the Votes and Verdicts podcast and talk about key policy, regulatory and litigation issues to watch in the therapeutics sector. They discuss the implementation and legal hurdles for Inflation Reduction Act (IRA) drug pricing, the outlook for Medicare’s obesity drug coverage, the 340B drug-discount program and other far-reaching industry issues. See omnystudio.com/listener for privacy information....

Apr 11, 20241 hr 5 min

Antitrust Enforcers’ New Merger Guidelines

Merger guidelines used by the Federal Trade Commission and Department of Justice to assess the antitrust impact of transactions were updated and revised in 4Q. In this episode of the Votes and Verdicts podcast, Edelman Smithfield Managing Director Ira Gorsky joins Bloomberg Intelligence analyst Jennifer Rie to discuss the implications of several of the changes. They focus on areas of the guidelines that significantly depart from past iterations, which may raise a range of new issues for companie...

Mar 21, 202428 min

Eugene Scalia on Beating Regulators in Court

Bloomberg Intelligence analysts Elliott Stein and Nathan Dean hosted Eugene Scalia, former Secretary of Labor and current Administrative Law and Regulatory Practice Group co-chair at Gibson Dunn, to discuss lawsuits challenging government regulations. The conversation included a discussion of Chevron deference, the Basel III endgame, SEC and California climate disclosure laws and the SEC’s private funds rule. See omnystudio.com/listener for privacy information....

Mar 12, 202451 min

Market and Reimbursement Outlook for Cell and Gene Therapies

Cell and gene therapies are a scientific advancement that can treat previously uncurable diseases. Yet absent a national coverage and payment framework, they will remain out of reach for patients, according to Amanda Katchmar and Alan Cohen from Boston University. They join Bloomberg Intelligence analysts Duane Wright and Ann-Hunter Van Kirk on this episode of the Votes & Verdicts podcast to discuss the pipeline for cell and gene therapies and the coverage and reimbursement outlook. See omny...

Mar 07, 202437 min

3M, Synopsys, Capital One & Other Catalysts

Regulatory and enforcement review of the Synopsys-Ansys and Capital One-Discover deals, finalized PFAS rules by the EPA, and the SEC’s climate disclosure rule are important March catalysts to watch. This Bloomberg Intelligence litigation and policy outlook episode, hosted by financials litigation analyst Elliott Stein, gathered the team to discuss these and other catalysts. In addition, Meta’s suit challenging the FTC plan to toughen terms of the social-media giant’s $5 billion 2020 settlement i...

Mar 01, 202451 min

Can Legal State Pot Put US Law Up in Smoke?

As federal action to reschedule, legalize or otherwise regulate the marijuana trade lingers, legitimate cannabis operations in states where pot is now legal continue to face significant barriers to programs and services, largely because the federal Controlled Substances Act still outlaws the drug. Among the many hurdles encountered by these businesses are a lack of access to federal tax credits and difficulty doing regular business with banks and credit card companies. Josh Schiller, Partner at ...

Feb 27, 202439 min

Biden’s Lab-Developed Test Proposal

The Biden administration has proposed to extend medical-device oversight to laboratory developed tests. But doing so could increase compliance costs for test developers and reduce patient access to widely used tests, according to Susan Van Meter, President of the American Clinical Laboratory Association. She joins Bloomberg Intelligence analyst Duane Wright on this episode of the Votes & Verdicts podcast to discuss how the FDA’s existing framework for regulating medical devices is ill-suited...

Feb 20, 202447 min

Biden’s Drug-Pricing Expansion Plan, Part 2

The Biden administration’s proposal to expand the Bayh-Dole march-in framework to include price as a factor in determining that a drug isn’t accessible to the public could change collaboration agreements between universities and biotech companies. But the effort is inconsistent with the legislative intent of the framework, according to Joe Allen, executive director of the Bayh-Dole Coalition. He joins Bloomberg Intelligence analysts Duane Wright and Tish Walker on this episode of the Votes &...

Feb 13, 202457 min

Apple, Bayer, Moderna and Other Catalysts

Apple’s choices to deal with an Apple-Watch import ban, a key hearing in Arbutus v. Moderna Covid-19 patent litigation, and more trials and a critical appeal in Bayer litigation over weed-killer Roundup are important February catalysts to watch. This Bloomberg Intelligence litigation and policy outlook episode, hosted by financials litigation analyst Elliott Stein, gathered the team to discuss these and other developments. They’ll also look at this month’s court cases, including private equity f...

Feb 02, 202439 min

Apple’s Antitrust App-Store Battle With Epic

The US Supreme Court this month refused to consider Apple’s appeal in an antitrust suit challenging its App Store. In this Votes & Verdicts episode, NYU Law Professor Harry First and Bloomberg Intelligence analysts Jennifer Rie, Anurag Rana and Tamlin Bason discuss the Epic Games v. Apple litigation and other antitrust risks Apple is facing in the US and the EU. They also look at Apple’s plans for compliance with the injunction issued by the court in the Epic Games suit, and Apple’s indirect...

Jan 25, 202458 min

Washington’s Crowded Outlook for 2024

Bloomberg Intelligence analysts Elliott Stein and Nathan Dean hosted Veda Partners Director of Economic Policy Research Henrietta Treyz and BTIG Director of Policy Research Isaac Boltansky to discuss their views on policies, impacts and outcomes in Washington over the coming year in this episode of the BI Votes and Verdicts podcast. Their conversation ranges from the anticipated rematch between President Joe Biden and former President Donald Trump, what, if anything, Congress will do in 2024, ke...

Jan 23, 202447 min

Biden’s Drug Pricing March-in Proposal

The Biden administration proposes to expand the march-in framework to include price as a factor in determining that a drug isn’t accessible to the public. March-in rights allow the US government to license to another entity patents covering inventions developed with the help of taxpayer dollars and could apply to a handful of drugs. Dr. Aaron Kesselheim of the Harvard Medical School joins Bloomberg Intelligence Analysts Duane Wright and Tish Walker on this episode of the Votes and Verdicts podca...

Jan 18, 202446 min

Meta’s Biggest Legal, Regulatory Questions

Meta faces litigation and policy risks across the EU and the US. In this episode of the Votes and Verdicts podcast, BI analysts from the tech and litigation & government teams — Jennifer Rie, Tamlin Bason and Matt Schettenhelm — give an overview of material legal issues for Meta investors to monitor. See omnystudio.com/listener for privacy information.

Dec 18, 202335 min

Antitrust Changes Could Hinder M&A

Proposed changes at the US Federal Trade Commission and the Department of Justice to the rules and guidelines applicable to mergers and acquisitions may have a significant impact, making filing and completing M&A more difficult, burdensome and time-consuming. BI litigation analyst Jennifer Rie is joined by Morten Skroejer, senior director for technology competition policy at the Software & Information Industry Association, to discuss the issue. They also examine potential legislation in ...

Dec 11, 202354 min

Apple, Disney, Novo Nordisk, Other Catalysts

Apple facing an import ban on its watches, a key hearing in Disney v. Florida and a Novo Nordisk claim construction hearing in a $98 billion patent suit to block Mylan’s copy of weight-loss drug Wegovy are key December catalysts to watch. This Bloomberg Intelligence litigation and policy outlook episode, hosted by financials litigation analyst Elliott Stein, gathered the team to discuss these and other catalysts. Kenvue and others have a Dec. 7 hearing to bar plaintiffs’ experts in a class actio...

Dec 01, 202333 min

J&J, 3M's Chap 11 Play in Talc, Earplug Mass Torts

Johnson & Johnson, facing tens of thousands of lawsuits over allegations its talcum powder causes cancer, has twice attempted to use bankruptcy proceedings to reach global resolution of cases, and twice has failed. Will a potential third bankruptcy attempt by its unit bear different results? 3M, which faced hundreds of thousands of lawsuits over allegedly defective earplugs, attempted and failed to use bankruptcy proceedings to address lawsuits, yet announced a settlement of over 240,000 cas...

Nov 14, 202332 min

Berkshire, Google, Pega & Other Catalysts

Antitrust trials against Google, a court ruling on Meta’s use of teen data and Pegasystems’ Nov. 15 appeal argument to reduce Appan’s $2 billion jury award are key November catalysts to watch. This Bloomberg Intelligence litigation and policy outlook episode, hosted by financials litigation analyst Elliott Stein, gathered the team to discuss these and other catalysts. the trial ends in the DOJ’s suit challenging the JetBlue-Spirit M&A, and Berkshire Hathaway’s energy subsidiary PacifiCorp wi...

Nov 03, 202336 min

Consumer Finance Impact of a CFPB Run Amok

Bloomberg Intelligence analysts Elliott Stein and Nathan Dean hosted consumer finance lawyer Alan Kaplinsky of Ballard Spahr to discuss the Consumer Financial Protection Bureau’s past, present and future. The conversation included a discussion of the CFPB’s history, its impact on consumer finance companies, how its directors over time have differed, and the pending Supreme Court case challenging the constitutionality of the agency’s funding. See omnystudio.com/listener for privacy information....

Oct 31, 202358 min

Will IRA Drug Pricing Raise Employer Costs?

Prescription drug negotiation provisions under the Inflation Reduction Act will lower prices on high-cost drugs for the Medicare population, but will it lead to higher or lower expenses on the commercial market? Time will tell, according to Jeff Levin-Scherz, assistant professor at the Harvard T.H. Chan School of Public Health, and Population Health Leader in the Health Management Practice at WTW. Levin-Scherz joins Bloomberg Intelligence Analyst Duane Wright on this episode of the Votes and Ver...

Oct 17, 202357 min
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