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What happens when you buy somebody else’s problems? A new policy from the U.S. Department of Justice (DOJ) is encouraging companies to disclose the misconduct of the companies they buy. The DOJ says it won’t prosecute businesses that voluntarily report wrongdoing found during the mergers and acquisitions process. 
The government especially wants to detect misconduct that threatens national security or involves cybersecurity or foreign corruption. But detractors say the new rule could give a free pass to corporate crime. How do businesses know exactly what they should self-report both before and after a deal is done? And, how do they stand to benefit from the new policy? 
Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with one of the firm’s thought leaders on these issues — Kenneth Polite. Kenneth is a global co-leader of Sidley’s White Collar Defense and Investigations practice and the former Assistant Attorney General for the Criminal Division of the DOJ. Together, they discuss the DOJ’s new policy for mergers and acquisitions, how various parties across industries are responding, and what companies should know to protect their businesses. 
Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

The SEC had planned to usher in a new era of corporate disclosure but now it may be on hold. Its new rules would require public companies to report extensive climate-related information. They are intended to improve the consistency, comparability, and reliability of climate-related data and to provide detailed, decision-useful information for investors seeking company information before they invest.
But already some states and business groups are mounting legal challenges, arguing the rules exceed the SEC’s statutory authority and violate the First Amendment. Environmental advocates are also suing, claiming the rules don’t go far enough. And now in the wake of that litigation, the SEC has just issued a voluntary stay of the rules, hoping it will speed resolution of the case.
Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Sonia Barros and Heather Palmer. Sonia is a partner in Sidley’s Capital Markets practice and a co-leader of the firm’s Public Companies and ESG practices. Heather is an environmental and energy partner and a co-leader of the firm’s ESG and Climate Change practices. Together, they discuss the SEC’s newly adopted climate disclosure rules, the status of legal challenges, and how companies should prepare to comply with the requirements.
Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

A whopping one in five workers in the U.S. has signed a non-compete agreement. Companies use these contracts to protect trade secrets, reduce employee turnover, and improve their business leverage. Detractors say non-competes decrease wages and are burdensome to workers. Private litigation is on the rise against non-competes and some states are now passing limits on their use. 
At the federal level, non-competes and other employment restrictions have drawn the attention of antitrust enforcers, as well as the Department of Labor and National Labor Relations Board. The Federal Trade Commission is also weighing a new rule that would ban the imposition of these contracts on workers — causing concern among employers about the future use of non-competes, and potentially impacting both employment and antitrust laws.
Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Jim Lowe and Terri Reuter. Jim is a partner in Sidley’s Antitrust and Competition practice. Terri is a partner in the firm’s Labor, Employment and Immigration practice. Together, they discuss how non-compete agreements are utilized, the regulation and enforcement involved, and what employers should know to protect their businesses.

Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

When an M&A deal closes, is it done? Not always. More and more disputes are arising after closing, which results in lost time and expense for both buyers and sellers as they realize they don’t actually have a done deal. Not all disputes after closing can be avoided, but their effects can be minimized with the right due diligence, transparency in the process, and knowing the mechanisms for resolving them efficiently. 
 Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on these issues — Rob Velevis, Frank Favia, and Alexis Cooper. Rob and Frank are partners in Sidley’s Commercial Litigation and Disputes practice, and Alexis is a partner in the firm’s M&A practice. Together, they discuss why post-closing disputes arise, how they are best resolved, and how businesses can avoid or mitigate the risk.
Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

The U.S. Supreme Court has declared that university admissions policies must be “color blind” under the Equal Protection Clause of the Constitution, breaking with decades of legal precedent and resulting in challenges to diversity, equity, and inclusion initiatives at universities and elsewhere. Many employers worry their own DEI policies and programs may be at risk, with businesses experiencing some high-profile lawsuits and challenges to corporate diversity initiatives.
 Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on these issues — Jeff Green, Kate Roberts, and Natalie Chan. Jeff is senior counsel in Sidley’s Supreme Court and Appellate practice, Kate is co-chair of Sidley’s Labor, Employment and Immigration practice, and Natalie is a senior managing associate in Sidley’s Labor, Employment and Immigration practice. Together, they discuss how the Supreme Court’s ruling on affirmative action in higher education may impact businesses and how employers can reduce legal risk.

Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

The Supreme Court of the United States is in session. After its seismic decisions last term, SCOTUS has set its sights on another slate of high-stakes cases that could again transform elections, policy, and public life. On the docket are the First Amendment, gun rights, racial gerrymandering, and the power of the executive branch over regulation. Companies are bracing for decisions that could impact the way they do business, while the court faces controversy over its ethics and indeed its legitimacy.
Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on these issues — Kwaku Akowuah and Rob Hochman, co-leaders of Sidley’s Supreme Court and Appellate practice. Together, they discuss the monumental cases decided by SCOTUS last term and upcoming ones the business community should know about.
Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.