Kelley Drye Legal Download

In this episode of The Legal Download, Matt Luzadder, Office Managing Partner of Kelley Drye’s Chicago office, is joined by Adrian Wall, CEO of the Digital Sovereignty Alliance and leader of the Stablecoin Leadership Alliance, along with Kelley Drye Partner Jeff Hunter, to discuss the hot topic of stablecoins and the GENIUS Act. The conversation explores why stablecoins matter for businesses today, the goals of the GENIUS Act and which assets it does and does not regulate, and the importance of requiring reserve assets to back digital currencies. The guests also explain the different federal and state regulatory pathways for issuers, how the Act seeks to balance consumer protection, innovation, and U.S. dollar dominance, and what may come next with legislation such as the forthcoming CLARITY Act. This episode offers context, clarity, and practical insight into the evolving digital asset regulatory landscape.

On today’s episode of Legal Download, attorneys from Kelley Drye’s Environmental practice will be joined by Kathi Wurzel, a board-certified toxicologist with NewFields, an environmental and engineering consulting firm, to discuss the first proposed national drinking water standard for PFAS released by the EPA this spring. Associate Sabrina Morelli moderates the discussion as Kathi, partner Steven Humphreys and associate Zoe Makoul discuss the standards and the impact of PFAS.

Currently the regulation of cryptocurrency currently hinges on one question, are cryptocurrency securities under federal securities law or are they commodities? Partner and head of Kelley Drye's Blockchain and Cryptocurrency Practice Matt Luzadder provides insight into what a sensible regulatory model looks like. Matt Luzadder MLuzadder@KelleyDrye.com (312) 857-2623 https://www.kelleydrye.com/Our-People/Matthew-C-Luzadder Produced by Sean Sobel

Two years into the pandemic, several courts now have had occasion to address the application of force majeure clauses in the COVID-19 context. Special Counsel Cameron Argetsinger and Senior Associate Noah Lindenfeld provide an overview of those recent court decisions. See their article of the same name in The Real Estate Finance Journal here https://www.kelleydrye.com/getattachment/60ffa863-94d3-42ff-b13c-1b56fe5b24ea/COVID-19-as-a-Force-Majeure-Event_RE-Finance-Journal_Lynch_Spring-2022.pdf.aspx?lang=en-US Cameron Argetsinger cargetsinger@kelleydrye.com (202) 342-8649 https://www.kelleydrye.com/Our-People/Cameron-R-Argetsinger Noah Lindenfeld nlindenfeld@kelleydrye.com (212) 808-7928 https://www.kelleydrye.com/Our-People/Noah-Lindenfeld Produced by Jeff Scurry

Delaware Judge Issues Important Ruling in Hertz Chapter 11 Case on Allowance of Make-Whole Premiums, Treatment of Unimpaired Creditors, and Postpetition Interest The treatment of make-whole premiums in solvent debtor chapter 11 cases has become an important issue in recent years for corporate issuers and bondholders. This podcast will examine a recent decision in the Hertz case by Judge Mary Walrath of the U.S. Bankruptcy Court for the District of Delaware on the allowance of such claims. (Judge Walrath also addressed other topics in her decision pertaining to the treatment of unimpaired creditors and postpetition interest, which is covered in part 2 .) Blog Post https://www.bankruptcylawinsights.com/2022/01/driving-while-unimpaired-delaware-judge-issues-important-ruling-in-hertz-chapter-11-case-on-allowance-of-make-whole-premiums-treatment-of-unimpaired-creditors-and-postpetition-interest-pa/ Contacts Ben Feder bfeder@kelleydrye.com (212) 808-7974 Bio - https://www.kelleydrye.com/Our-People/Benjamin-Feder Kristin Elliott kelliott@kelleydrye.com (212) 808-5089 Bio - https://www.kelleydrye.com/Our-People/Kristin-S-Elliott https://www.bankruptcylawinsights.com/ Produced by Jeff Scurry

Congress enacted the Foreign Agents Registration Act (FARA) in 1938 to control Nazi propaganda. FARA requires U.S. entities that provide political or public relations services to foreign entities to disclose their relationships with their clients, and information about related activities and finances. Partner Jeff Hunter provides a few tips to make sure you don't run afoul of the FARA rules. See https://www.kelleydrye.com/News-Events/Publications/Client-Advisories/Increased-Focus-on-FARA-Registrations-Is-Likely-%E2%80%93 Jeffrey J. Hunter jhunter@kelleydrye.com (202) 342-8574 https://www.kelleydrye.com/Our-People/Jeffrey-J-Hunter https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Campaign-Finance-and-Political-Law

Underpriced foreign imports can have a significant impact on domestic markets, driving down prices and profits for U.S. manufacturers. U.S. international trade laws can seem complex and daunting, but in this episode, international trade partner Brooke Ringel, in conversation with Heather Tighe, breaks them down and talks about how domestic producers can use trade remedies to restore fair competition in the marketplace. We also discuss those pesky supply chain issues and career advice for aspiring trade attorneys and professionals. Contacts Brooke Ringel bringel@kelleydrye.com (202) 342-8516 Bio - https://www.kelleydrye.com/Our-People/Brooke-M-Ringel https://www.kelleydrye.com/Our-Practices/International/International-Trade

On September 13, 2021, the House Ways and Means Committee released draft legislation advancing a series of tax proposals (the “Ways and Means Tax Proposals”). This episode of Kelley Drye's Legal Download discusses some of these proposals. For additional information, see: House Ways and Means Committee Proposes Tax Law Changes https://www.kelleydrye.com/News-Events/Publications/Client-Advisories/House-Ways-and-Means-Committee-Proposed-Tax-Law-Ch Contacts: Andrew Lee Partner alee@kelleydrye.com (212) 808-7859 Jack Miles Partner jmiles@kelleydrye.com (212) 808-7574 The Ways and Means Tax Proposals are, of course, subject to change, as Congressional negotiations progress in the coming weeks. It is uncertain whether the Biden administration will ultimately succeed in securing enactment of major tax legislation, in light of razor-thin Democratic majorities in the House and Senate and wide policy differences between moderate and progressive constituencies in the Democratic Party.

Pressure from institutional investors such as BlackRock vanguard and State Street and environmental groups, employees, customers, and other corporate stakeholders has contributed to an increased focus and urgency on environmental, social and corporate governance matters or ESG. Boards of directors are now looking for ways their companies can design and implement business strategies that produce a sustainable future and remain relevant in a world where climate change, social justice, pandemics, disease prevention and wellness are the new normal. In this episode of Kelley Drye's Legal Download, senior associate Courtney Kleshinski provides a roadmap for boards to take tangible steps towards identifying their ESG goals and start to clearly define what their company stands for beyond maximizing shareholder value. Contact: Courtney Kleshinski ckleshinski@KelleyDrye.com (312) 857-7079 Bio - https://www.kelleydrye.com/Our-People/Courtney-L-Kleshinski

The Democrats’ “sweep” of the White House and both chambers of Congress means that it is all but inevitable that tax legislation will be introduced in 2021, but the razor-thin nature of the Democrats’ majority in Congress could mean that only a few of President Biden’s proposals will ultimately be enacted this year. In a companion podcast to their client advisory, the latest episode of Kelley Drye’s Legal Download features tax partners Jack Miles and Andrew Lee discussing some of President Biden’s corporate and individual tax proposals. For additional information: The Biden Tax Plan Client Advisory www.kelleydrye.com/News-Events/Publications/Client-Advisories/The-Biden-Tax-Plan Jack Miles Partner (212) 808-7574 jmiles@kelleydrye.com www.kelleydrye.com/Our-People/Jack-J-Miles Andrew Lee Partner (212) 808-7859 alee@kelleydrye.com www.kelleydrye.com/Our-People/Andrew-H-Lee About Our Practice Kelley Drye’s Tax practice works with U.S. and international corporations, partnerships, private equity funds, limited liability companies, individuals and tax-exempt entities to address a full range of strategic tax planning issues. Lawyers in this practice represent clients in a variety of transactions, including domestic and international mergers and acquisitions, equity and debt financings, leasing transactions, financial products, venture capital and restructurings. The firm advises foreign clients on the formation and operation of their U.S. businesses, while also counseling U.S. clients on the complex tax aspects of their foreign operations. The lawyers in the Tax practice also have significant experience in fund formation and joint venture planning. The firm represents numerous clients in tax controversies at both the field office and appeals levels, and before various courts. Kelley Drye’s tax lawyers work in concert with the firm’s other corporate practice areas to provide comprehensive advice and guidance to clients making major strategic moves and refining existing operations for greater profitability and success. www.kelleydrye.com/Our-Practices/Transactional/Tax

On the latest episode of Kelley Drye’s Legal Download, in the first of a two-part series, Chicago Office Managing Partner Matt Luzadder speaks with Mark Pohl of The Pohl Group about grand jury investigations and agent interviews. In Part II, Mark will discuss search warrants and the action plan for you and your company if agents should show up with a warrant. These guests draw on their experience from both the law enforcement and defense perspectives, giving the audience practical advice on handling the investigative process. For more information, contact: Mark Pohl President & Founder The Pohl Group Special Agent, DoD (Ret.) (937) 901-1244 www.ThePohlGroup.com Matthew Luzadder Kelley Drye & Warren LLP Tel: (312) 857-2623 Cell: (305) 609-5497 MLuzadder@KelleyDrye.com www.kelleydrye.com/Our-People/Matthew-C-Luzadder About Kelley Drye & Warren LLP Founded in 1836, Kelley Drye & Warren LLP is home to skilled practitioners in the areas of litigation, trade, regulatory, government relations, real estate, corporate and more. A powerhouse firm with the heart of a boutique, the firm’s attorneys provide legal counsel carefully connected to their client’s business strategies. Among the firm’s recent recognitions: Law360 International Trade Group of the Year; Law360 Consumer Protection Practice Group of the Year; one of “America’s Best Law Firms” by U.S. News & World Report Best Law Firms – “Tier 1” national ranking in Communications Law, Environmental Litigation, Trusts & Estates Law, and Real Estate. www.kelleydrye.com

The Associated Press, Bloomberg, CBS and numerous other news organizations have covered the recent federal judge’s ruling that found California’s ban on the importation of alligator and crocodile products probably violates federal laws and the state cannot enforce it while various legal challenges remain in court. Kelley Drye represents a group of 11 plaintiffs that make and use alligator and crocodile leather who filed the suit opposing the ban. Communications Manager Christopher Rubsamen speaks with Partner David Frulla about this potentially precedent setting ruling and the facts surrounding it for Kelley Drye’s Legal Download podcast. For more information: David Frulla dfrulla@KelleyDrye.com (202) 342-8648 www.kelleydrye.com Read the stories below: Associated Press - https://apnews.com/article/global-trade-wildlife-crocodiles-california-courts-29c07e3faff3817c9b68c30a83e30612 Bloomberg Law - https://news.bloomberglaw.com/environment-and-energy/california-ban-on-importing-alligator-crocodile-parts-on-hold CBS San Francisco - https://sanfrancisco.cbslocal.com/2020/10/15/san-francisco-stores-suit-halts-californias-ban-on-alligator-leather/ Courthouse News Service - https://www.courthousenews.com/federal-judge-bars-californias-ban-on-sale-of-alligator-and-crocodile-skins/