MoFo Perspectives Podcast

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the thirteenth 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 sector.

In this episode of the Above Board podcast, host Scott Lesmes is joined by Morrison Foerster partner and former SEC Division of Corporation Finance staffer Ryan Adams to recap major trends from the 2025 proxy season. They explore key considerations for boards, including the impact of federal government actions on corporate DEI policies, the SEC’s updated guidance on shareholder proposals, and voting trends, with a particular focus on ESG proposals.

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the tenth 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 sector. In this episode, Kate and Nate have a compelling discussion with Daralyn Durie, a partner in Morrison Foerster’s Life Sciences and IP Litigation Groups recognized as one of the country’s leading trial lawyers. Their conversation delves into the complexities of trial practice within the life sciences sector, highlighting the strategic considerations that drive companies to pursue litigation despite the inherent risks and costs.

The 22nd episode in this series focuses on “Climate Innovation for a Just and Sustainable Future,” featuring Davida Herzl, co-founder and CEO of Aclima, Inc., in conversation with MoFo’s Susan H. Mac Cormac, co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices.

Brandon Van Grack, former senior official at the U.S. Department of Justice and chair of MoFo’s Global National Security practice, joins our hosts to explore the seismic impact of the Trump administration on U.S. foreign policy and security. Bringing over a decade of experience monitoring national security threats in China and Russia, Brandon takes us through top-of-mind issues: from cyber offensive actions and NATO military command to tariffs, export controls, and sanctions. How aligned are U.S. and EU interests today? How should international businesses navigate?

State attorneys general (State AGs) are becoming increasingly active in the realm of antitrust enforcement, focusing on mergers, monopolization, and ESG-related cases. In recent years, state AGs have taken assertive roles in challenging major mergers, such as JetBlue’s attempted acquisition of Spirit Airlines and Kroger’s attempted acquisition of Albertsons. These actions highlight a trend of state AGs bringing their own cases in state courts, sometimes parallel to federal enforcement efforts. State AGs have also been at the forefront of monopolization cases, particularly against big tech companies, and have challenged algorithmic pricing and data sharing arrangements. Additionally, ESG-related antitrust actions have emerged, with red state AGs investigating financial institutions supporting environmentally conscious investing. In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Megan Gerking, partner in the firm’s global Antitrust Law practice, discuss the current state of antitrust enforcement by state AGs and what to expect in 2025. They explore the potential for state AGs to continue active participation in merger and conduct investigations, possibly filling perceived gaps in federal enforcement under the new Trump administration. Listen to the episode to gain a deeper understanding of the future of state AG enforcement in the antitrust arena.

In the realm of False Claims Act (FCA) enforcement, state attorneys general (AGs) are increasingly collaborating with federal authorities and fellow state AGs to address allegedly fraudulent activities. Companies operating across multiple states are under heightened scrutiny, particularly in the healthcare sector, where compliance with regulations is critical. The United States Department of Justice (DOJ) highlighted this collaboration with state AGs in its announcement of FCA recoveries last year, noting that DOJ is working closely with state AGs to recover funds for both federal and state Medicaid programs. There also has been increased coordination targeting third-party investors, such as private equity and venture capital firms, to ensure that they conduct thorough due diligence and maintain robust compliance programs when investing in healthcare companies. This increased coordination aims to hold all parties accountable, from healthcare providers to their financial backers, in preventing and addressing alleged fraud. In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Adam Braverman, a partner in the Investigations + White Collar Defense Group, examine the current dynamics of state AG enforcement under the FCA. They explore the implications of multijurisdictional investigations and the growing involvement of third-party investors in healthcare fraud cases. Their discussion provides valuable insights for companies navigating these complex legal challenges, highlighting the importance of proactive compliance measures and strategic responses to enforcement actions. Tune in to the podcast to gain a deeper understanding of the future of state AG enforcement in the FCA arena. MoForecast is a podcast series discussing enforcement and policy trends we can expect from the new presidential administration. This episode continues our focus on state AGs, which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.

As we continue into 2025, state attorneys general (AGs) will play a pivotal role in shaping environmental policy and enforcement. With anticipated resistance to environmental regulation rollbacks and a continued focus on climate change litigation, understanding these trends is crucial to manage risk and ensure compliance. In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Bill Tarantino, leader of MoFo’s global Environmental practice, discuss predicted trends in state AG environmental enforcement for 2025. They explore the differing priorities between Democratic and Republican AGs, with Democratic AGs likely pursuing aggressive climate policies, while Republican AGs focus on challenging regulatory overreach and emphasizing fiduciary duties in ESG practices. Despite these differences, bipartisan efforts are expected to address critical public health issues such as clean drinking water, with a particular focus on lead and PFAS chemicals. These trends also highlight the importance of staying informed and prepared for the challenges and opportunities that lie ahead.