S&C Critical Insights

In this episode of S&C’s Critical Insights, Annie Ostrager, Co-Head of S&C’s Employment Law Group, and Litigation Partner Kamil Shields, discuss recent developments in False Claims Act (FCA) cases, especially in light of the current Administration’s focus. Annie and Kamil provide background on the FCA and explain its role in investigations of and actions focused on alleged fraud in connection with government programs. They also cover recent notable settlements, with recoveries amounting to hundreds of millions of dollars. They also delve into Executive Order 14173, which has implications for the use of the FCA, focusing on antidiscrimination laws. The discussion includes recent court actions and the administration’s emphasis on investigating and penalizing illegal DEI practices in the private sector. To learn more about risks and opportunities under the FCA in the new tariff environment, read Partner Thomas White and Special Counsel Andrew DeFilippis’ article in Bloomberg Law “New Tariff Environment Poses Big Risk and Opportunity Under FCA.”

In this episode of S&C’s Critical Insights, Annie Ostrager, Co-Head of S&C’s Employment Law Group, Alex Gross, a partner in the Firm’s Litigation Group, and associate Sabrina Solow, discuss steps companies can take in the employment context to protect against disclosure of trade secrets. They explore protections that can mitigate risk when an employee leaves, including electronic measures to limit or disable access to information; policies, procedures, and contractual requirements, such as nondisclosure agreements; and monitoring activities of a competitor who has hired former employees. They also discuss how to limit the risk of new employees bringing trade secrets from their former employer. Annie, Alex and Sabrina also discuss the importance of training and culture, including reminding employees that they do not own trade secrets they are privy to or contribute to in their work.

In this episode of S&C’s Critical Insights, Annie Ostrager, Co-Head of S&C’s Employment Law Group, Alex Gross, a partner in the Firm’s Litigation Group, and associate Sabrina Solow, focus on the current trade secret litigation landscape, including recent decisions in the Second, Third and Seventh Circuits relating to an important measure of damages.

In this episode of S&C’s Critical Insights, Jeff Scott and Julia Malkina, Co-Heads of S&C’s Securities Litigation Practice, discuss the upcoming November 13 oral argument in NVIDIA Corp. v. E. Ohman J:or Fonder AB and the potential implications for companies’ securities-litigation exposure.

In this episode of S&C’s Critical Insights, Samantha Hynes, a partner in S&C’s Antitrust Group, and Brad Smith, special counsel in the Antitrust Group, discuss the impact of the Federal Trade Commission’s final rule that made substantial modifications to the form used to report transactions requiring a premerger filing under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The new form will require substantially more information and documents than are currently required.

In this episode of S&C’s Critical Insights, Corporate Governance Co-Heads Marc Treviño and Melissa Sawyer and Special Counsel June Hu continue to analyze significant trends and developments that emerged from the recent U.S. annual meeting proxy season and provide takeaways for 2025.

In this episode of S&C’s Critical Insights, Tony Lewis and Eric Kadel, Co-Heads of S&C’s National Security Practice, Sergio Galvis, Head of the Firm’s Latin American Practice and Inosi Nyatta, Co-Head of S&C’s Project Finance Group, discuss key takeaways for U.S. companies considering cross-border investments, especially in light of the new Treasury Regulations that prohibit certain outbound investments in sensitive technologies.

In this episode of S&C’s Critical Insights, Nader Mousavi, Co-head of S&C’s Artificial Intelligence Practice, and Jay Clayton, Senior Policy Advisor and Of Counsel to S&C, discuss key considerations for boards in their oversight of a company’s AI technologies and policies, and how to build an effective AI governance framework. Boards should stay informed and be proactive, Nader and Jay note. With regulations around AI still evolving, having a robust governance framework can protect a company from potential legal issues and enhance a company’s reputation for responsible and ethical AI use. Disclaimer: This is not legal advice.