Law, Policy & Markets
89 episodes - English - Latest episode: 22 days ago -Law, Policy & Markets: Milbank Conversations explores key business and legal trends in today's evolving global economy. With candor and a sophisticated understanding of the issues, host Allan Marks and other Milbank partners and guests delve into diverse topics, such as ESG and sustainability, cybersecurity, airlines and aviation, biopharma, global capital markets, climate change and the energy transition, cross-border workouts, private equity, cutting-edge litigation, enforcement policies in securities and antitrust, and values-based innovation in the legal profession. Discover what’s happening, what it means, and what’s next. More details at Milbank.com. Follow us on social media and podcast platforms, including Apple, Spotify, Google and Audible.
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Episodes
FERC-alicious: US Energy Market Trends & Regulatory Update
April 06, 2024 10:00 - 38 minutes - 26.4 MBThe United States Federal Energy Regulatory Commission (FERC) regulates US energy markets. FERC’s latest annual report on key market trends noted falling average prices for natural gas and electricity despite increased demand for both. New renewable energy and storage facilities are coming online at a brisk pace, making the grid cleaner and more efficient. FERC is about to get three new commissioners, who will face challenges of interregional transmission constraints and grid-integration ...
The Best of LPM: Muslim Cemetery Battles for Justice in Virginia – “So Lose Not Heart Nor Despair”
March 28, 2024 00:00 - 39 minutes - 27.1 MBOriginally broadcast: Tuesday, December 14, 2021. A charity encounters surprising roadblocks to building a new cemetery for low-cost Muslim burials in Stafford County, Virginia. In this episode, host Allan Marks follows the cemetery’s path to justice with the lawyers who handled the civil rights case, Tawfiq Rangwala and Melanie Westover Yanez, and their pro bono client, the All Muslim Association of America, at the intersection of religious freedom, land use, and local politics in Ameri...
What's at Stake for Mergers, Antitrust and CFIUS in the US 2024 Presidential Election
February 28, 2024 00:00 - 56 minutes - 38.6 MBWhat impact will the 2024 presidential election have on antitrust policy, federal merger approvals, and foreign investment in the United States? Uncertainty about future federal policy makes investment decisions this year especially challenging. In this episode, host Allan Marks speaks with Milbank partners Adam Di Vincenzo and John Beahn about antitrust and CFIUS policy under the administrations of President Biden and former President Trump, discovering both sharp differences and some...
Energy Storage at Utility Scale: California Goes All-in
January 19, 2024 06:00 - 52 minutes - 36.2 MBThe push for cleaner energy has led to greater reliance on intermittent renewable energy resources, particularly solar and wind energy. To integrate these resources into a more efficient and reliable “smart grid” requires new investment in energy storage. What are the best ways to provide resource adequacy and to bridge the gaps between when (and where) power is generated and when (and where) it is needed? California is leading the way with massive new investments in innovative energy stor...
The Geopolitics of Energy: “Shifting Sands”
October 20, 2023 16:00 - 46 minutes - 31.9 MBWhat blind spots are we missing in the global conversation about energy and geopolitics? In this episode, The Geopolitics of Energy: “Shifting Sands,” Allan Marks hosts a fireside chat with Dr. Carolyn Kissane, a professor at NYU’s SPS Center for Global Affairs. Public policies in Europe, the US and China are stimulating massive capital investment in renewable energy, EVs, batteries and the energy transition, and India is a rapidly rising economy. Mr. Marks and Dr. Kissane look at these i...
Managing National Security Risks: "The Devil You Know"
October 01, 2023 16:00 - 36 minutes - 24.9 MBHow is espionage evolving between China, Russia and the United States? What should a board director ask corporate management about AI, state-sponsored cyberattacks, and political risk in making strategic decisions? Host Allan Marks sits down with former FBI Special Agent Holden Triplett for a candid, wide-ranging and practical conversation about how companies and policymakers can better manage national security risks in a world of shifting geopolitics and disruptive technologies. While at ...
Training Transactional Lawyers in New Ways: “What’s the Deal with That?”
August 25, 2023 01:00 - 30 minutes - 21.2 MBMilbank LLP partner Alexandra Johnson created the firm’s innovative training program for junior transactional lawyers, Deals@Milbank. In this new podcast episode, Training Transactional Lawyers in New Ways: “What’s the Deal with That?”, she sits down with host Allan Marks to talk about lessons learned teaching drafting, negotiating, creativity, collaboration and commercial judgment to new lawyers. Sometimes teachers learn from their students, too, in pleasantly surprising ways. About the Sp...
Summer Associate Roundtable: “Law Students Speak Up”
July 22, 2023 00:00 - 52 minutes - 36.4 MBWhat do law students today think about values, workplace culture, technology, privacy, work/life balance, and conflicting opinions? Host Allan Marks explores these issues in a candid, wide-ranging roundtable discussion with five 2023 summer associates at Milbank: Heaven Johnson-Branch; Konstantina Katsimeni; Harrison Makaruk; Isabela Motta; and Vishnu Nagireddy. They also share their experiences and opinions on related, timely topics: How new technologies (such as AI and blockchain) and ...
Alex Forger at 100: “Justice, Justice Shall You Pursue”
June 21, 2023 18:00 - 41 minutes - 28.2 MBThe justice gap represents the difference between the civil legal assistance available to low-income individuals and the assistance that they need. Alexander (“Alex”) Forger, former Chairman and retired partner at Milbank, has spent much of his career ensuring that working-class people have equal access to legal representation and that the federal Legal Services Corporation (LSC) – which he headed – can thrive as an essential resource to fund pro bono legal services nationally. Now 100 year...
International Climate Change Litigation: “Full Court Press”
May 05, 2023 21:00 - 35 minutes - 24.5 MBESG #15: Treaties and international tribunals interpreting and applying those treaties can impact how governments behave and how companies invest, bringing about concrete effects in the real world. Today, international courts are being summoned to answer questions about responsibility and liability for climate change impacts under international law. In December 2022, the Commission of Small Island States on Climate Change and International Law asked the International Tribunal for the Law of ...
The Energy Transition in Europe and the United States: “Blue Skies Ahead?”
April 07, 2023 14:00 - 34 minutes - 23.5 MBESG #14: By 2030, renewables (mainly wind and solar power) are forecast to generate most of Europe’s power and almost half the power in the US and China. Other sectors – like transportation and heavy industry – are also decarbonizing. What drives this energy transition away from fossil fuels toward cleaner energy sources and greater energy efficiency? New regulations are discouraging greenhouse gas emissions, and government policies and market forces are stimulating massive new investment i...
Contemptible Conditions: The Fight For Decent Medical Care in NYC Jails
March 16, 2023 10:00 - 34 minutes - 23.6 MBNew York City jails are falling short of the minimum legal standard of access for needed medical care, with thousands of incarcerated people at Rikers Island and other city jails routinely deprived of adequate treatment. Costs per inmate are up, but uniformed correctional staffing is down. The result: an overburdened jail system that is ineffective, inefficient, and inhumane. In the latest episode, Contemptible Conditions: The Fight For Decent Medical Care in NYC Jails, Milbank Litigation...
German Economic Outlook for 2023: “Strength Lies In Being Calm”
February 08, 2023 21:00 - 22 minutes - 15.6 MBThe new year holds practical challenges and the promise of resilience for the German economy and the Eurozone. In the latest episode, Germany Economic Outlook for 2023: "Strength Lies in Being Calm," Frankfurt-based partner Mathias Eisen examines the state of the German economy, European debt capital markets, and corporate restructurings. Along with host Allan Marks, he explores how companies and creditors are managing uncertainty in markets and the liquidity challenges wrought by inflation...
German Economic Outlook for 2023: “Strength Lies in Being Calm”
February 08, 2023 21:00 - 22 minutes - 15.6 MBThe new year holds practical challenges and the promise of resilience for the German economy and the Eurozone. In the latest episode, Germany Economic Outlook for 2023: "Strength Lies in Being Calm," Frankfurt-based partner Mathias Eisen examines the state of the German economy, European debt capital markets, and corporate restructurings. Along with host Allan Marks, he explores how companies and creditors are managing uncertainty in markets and the liquidity challenges wrought by inflation...
Climate Change Outlook: "Good COP, Bad COP"
January 09, 2023 07:00 - 32 minutes - 22.1 MBESG #13: How will investors and policymakers move forward on climate change in 2023 after an eventful 2022? In this episode, host Allan Marks and London partner Chris Taufatofua, both members of Milbank's Project, Energy and Infrastructure Finance group, share personal reflections from their participation at the COP27 UN Climate Change Conference, look at trends from 2022 and preview 2023. They discuss global clean energy investment, the special role of oceans, negotiations for a new inter...
JFK Airport’s New Terminal One: “We Have Liftoff"
October 24, 2022 19:00 - 44 minutes - 30.4 MBThe $9.5 billion New Terminal One at New York's John F. Kennedy Airport -- developed, financed and built by a private consortium – will be the largest terminal at the airport when completed, with state-of-the-art technology, sustainability and capacity upgrades. Construction financing for the new terminal closed this summer, followed by the official groundbreaking in September 2022. The members of the public-private partnership overcame myriad challenges – the global pandemic, volatile air ...
JFK Airport’s New Terminal One: “We Have Lift Off"
October 24, 2022 19:00 - 44 minutes - 30.4 MBThe $9.5 billion New Terminal One at New York's John F. Kennedy Airport -- developed, financed and built by a private consortium – will be the largest terminal at the airport when completed, with state-of-the-art technology, sustainability and capacity upgrades. Construction financing for the new terminal closed this summer, followed by the official groundbreaking in September 2022. The members of the public-private partnership overcame myriad challenges – the global pandemic, volatile air ...
Restructuring an Aircraft Lessor: “NAC DAC Is Back"
September 30, 2022 04:00 - 31 minutes - 21.5 MBIn 2020, leading aircraft lessor Nordic Aviation Capital (NAC) navigated the sudden collapse in air traffic due to the pandemic with help from its creditors and an Irish court. Two years later, the company went through a chapter 11 restructuring, emerging from bankruptcy in June 2022. In this episode, Restructuring an Aircraft Lessor: “NAC DAC is Back,” host Allan Marks speaks with Jim Cameron, Karen McMaster and Tyson Lomazow about restructuring the company and its subsidiaries, each with i...
Diversity, Equity & Inclusion: “Fostering an Authentic Community”
August 02, 2022 10:00 - 30 minutes - 20.9 MBESG #12: How can law firms, corporations and other employers foster a culture of opportunity that encourages success for everyone? For diversity, equity and inclusion (DEI) initiatives to succeed, they must be grounded in authenticity, intentionality, respect and trust. In this episode, host Allan Marks speaks with Mikeisha Anderson Jones, Milbank’s global Chief Diversity, Equity and Inclusion Officer, about uniting people, passion and purpose to create a cohesive workplace community that ap...
Turbulence in Asian Aviation Markets: "Contents May Have Shifted During Flight"
July 24, 2022 10:00 - 32 minutes - 22.1 MBAirlines in Asia have been slow to recover since the pandemic slammed the brakes on the fastest growth market for global aviation. In this episode, host Allan Marks speaks with Milbank Transportation and Space partner Paul Ng about the current state of Asia’s aviation market, recent restructurings and prospects for future growth in air traffic. They explore the shape of the recovery for airlines, passengers and air cargo, manufacturers and lessors of aircraft – and some reasons for optimism...
Turbulence in Asian Aviation Markets: Contents May Have Shifted During Flight
July 24, 2022 10:00 - 32 minutes - 22.1 MBAirlines in Asia have been slow to recover since the pandemic slammed the brakes on the fastest growth market for global aviation. In this episode, host Allan Marks speaks with Milbank Transportation and Space partner Paul Ng about the current state of Asia’s aviation market, recent restructurings and prospects for future growth in air traffic. They explore the shape of the recovery for airlines, passengers and air cargo, manufacturers and lessors of aircraft – and some reasons for optimism...
Inside Canada’s WE Charity Scandal: It’s Not What You Thought
June 30, 2022 12:00 - 39 minutes - 27 MBA Canadian scandal holds a mirror up to media and politics in Canada, with implications for the US and other advanced democracies, and it's not a pretty picture. In this episode, host Allan Marks speaks with Milbank Litigation partner Tawfiq Rangwala about his new book What WE Lost: Inside the Attack on Canada’s Largest Children’s Charity, misinformation and political gamesmanship. What WE Lost, which is a national bestseller in Canada, offers a behind-the-scenes account of the rise and fal...
ESG: Shaping How Companies Raise Capital
May 20, 2022 12:00 - 30 minutes - 20.7 MBESG Series #11: Investors, borrowers and financial institutions are using Environmental, Social and Governance (ESG) principles and metrics to shape the ways they attract capital, screen investments, set terms in complex transactions, and meet evolving compliance and disclosure requirements. The trend to incorporate ESG and sustainability considerations into debt issuances seems likely only to grow. In Europe specifically, the Sustainable Finance Disclosure Regulation (SFDR) and the EU Taxon...
ESG – Shaping How Companies Raise Capital
May 20, 2022 12:00 - 30 minutes - 20.7 MBESG Series #11: Investors, borrowers and financial institutions are using Environmental, Social and Governance (ESG) principles and metrics to shape the ways they attract capital, screen investments, set terms in complex transactions, and meet evolving compliance and disclosure requirements. The trend to incorporate ESG and sustainability considerations into debt issuances seems likely only to grow. In Europe specifically, the Sustainable Finance Disclosure Regulation (SFDR) and the EU Taxon...
Hiring Professionals is Changing: Culture Wars and the Battle for Talent
April 28, 2022 10:00 - 31 minutes - 21.8 MBLegal recruiting in 2022 is a story of disrupted supply chains. Law firms have faced the same labor pool disruptions as other financial and professional service firms during the Great Resignation. In this episode, “Hiring Professionals is Changing: Culture Wars and the Battle for Talent,” host Allan Marks speaks with Milbank hiring partner Alexander Lees and Milbank’s new Director of Global Legal Recruiting, Alexandra Paslawsky, about using innovative outreach and technology to broaden and...
Cybersecurity Part 2: Joel Harrison and Adam Fee’s Essential Toolkit to Manage Cyber Risk
March 22, 2022 21:00 - 41 minutes - 28.4 MBESG Series #10 - "This is a critical moment to accelerate our work to improve domestic cybersecurity and bolster our national resilience." With these words, on March 21, 2022, the White House released a formal statement by President Joseph R. Biden, Jr. on U.S. Cybersecurity “to improve domestic cybersecurity and bolster our national resilience” due to evolving intelligence and heightened risks of “malicious cyber activity against the United States….[C]ritical infrastructure owners and oper...
Cybersecurity Part 1: Glenn Gerstell Assesses the Current Threat Landscape
March 22, 2022 21:00 - 28 minutes - 19.8 MBESG Series #9 - "This is a critical moment to accelerate our work to improve domestic cybersecurity." With these words, on March 21, 2022, the White House released a formal statement by President Joseph R. Biden, Jr. “to bolster our national resilience” due to evolving intelligence and heightened risks of “malicious cyber activity against the United States….[C]ritical infrastructure owners and operators must accelerate efforts to lock their digital doors.” In this episode, host Allan Marks ...
Strategic Outlook: European Private Equity and Infrastructure Funds in 2022
February 04, 2022 16:00 - 40 minutes - 28 MBESG Series #8 - Will the drivers of record deal activity in 2021 – investor confidence and ample liquidity – drive similar strength in 2022? Either way, market breadth, low cost of capital, a focus on ESG, and the shift from commercial banks to capital markets and institutional investment should be continuing trends across sectors for European private equity, credit and infrastructure funds. In this episode of the podcast, “Strategic Outlook: European Private Equity and Infrastructure Fun...
Muslim Cemetery Battles for Justice in Virginia: “So Lose Not Heart Nor Despair”
December 14, 2021 15:00 - 39 minutes - 27.1 MBA charity encounters surprising roadblocks to building a new cemetery for low-cost Muslim burials in Stafford County, Virginia. In this episode, host Allan Marks follows the cemetery’s path to justice with the lawyers who handled the civil rights case, Tawfiq Rangwala and Melanie Westover Yanez, and their pro bono client, the All Muslim Association of America, at the intersection of religious freedom, land use, and local politics in America today. About the Speakers Tawfiq Rangwala is a ...
Muslim Cemetery Battles for Justice in Virginia — “So Lose Not Heart Nor Despair”
December 14, 2021 15:00 - 39 minutes - 27.1 MBA charity encounters surprising roadblocks to building a new cemetery for low-cost Muslim burials in Stafford County, Virginia. In this episode, host Allan Marks follows the cemetery’s path to justice with the lawyers who handled the civil rights case, Tawfiq Rangwala and Melanie Westover Yanez, and their pro bono client, the All Muslim Association of America, at the intersection of religious freedom, land use, and local politics in America today. About the Speakers Tawfiq Rangwala is a ...
Energy Transition in Asia-Pacific: “It’s Gettin’ Hot In Here”
October 29, 2021 15:00 - 42 minutes - 29.6 MBESG Series #7: Are climate goals and economic development on a collision course? As COP26 gets underway in Glasgow, the energy transition is top of mind. Shifting energy production away from coal, oil and natural gas toward greener energy sources like wind and solar power and renewable fuels is critical to cutting the greenhouse gas emissions that cause climate change. In the Asia-Pacific region, there is no clear consensus on the shape of the energy transition. And there is no path to ...
Energy Transition in Asia-Pacific: “It’s Gettin’ Hot In Here”
October 29, 2021 15:00 - 42 minutes - 29.6 MBESG Series #7: Are climate goals and economic development on a collision course? As COP26 gets underway in Glasgow, the energy transition is top of mind. Shifting energy production away from coal, oil and natural gas toward greener energy sources like wind and solar power and renewable fuels is critical to cutting the greenhouse gas emissions that cause climate change. In the Asia-Pacific region, there is no clear consensus on the shape of the energy transition. And there is no path to ...
The $1 Trillion CLO Market – “It’s Just You and the Pool"
September 23, 2021 19:00 - 29 minutes - 20.5 MBThe market for collateralized loan obligations ("CLOs") has had a record year, with over $1 trillion in new issuances, refinancings and resets globally so far. Debt and equity investors are clamoring for more. What’s fueling the boom in securitizations and leveraged loans, and what’s on the horizon for 2022? In this episode, host Allan Marks and alternative finance partner Sean M. Solis explore the market impacts of a yield-starved, “risk-on” investment climate, massive liquidity and low in...
West Coast Reads – "What's on Your Bookshelf?"
August 28, 2021 01:00 - 26 minutes - 18.5 MBWorking remotely creates challenges to the creativity, cohesiveness and culture of any professional firm. How do you get to know each other and foster community when you’re stuck on video calls all day and you’ve lost the spontaneity of seeing people in the office? For some of the lawyers in Milbank’s Los Angeles office, the answer was to form a book club. In this episode, host Allan Marks sits down with partner Henry T. Scott and junior associates Nickta Hoss and Lucy Stanley to discuss the...
Pro Bono in Service of Immigrants – “Welcoming the Stranger”
July 29, 2021 13:00 - 34 minutes - 23.8 MBImmigration is a complicated and controversial issue. Well over 50,000 unaccompanied children seek entry to the United States at our southern border each year. Who are they? And why are they so desperate to flee their home countries that they leave everything and everyone they know behind? What legal and moral responses should we have to them? In this episode, host Allan Marks speaks with Linda Dakin-Grimm about her #probono work guiding immigrants through the legal system. As she writes i...
Pro Bono in Service of Immigrants – “Welcoming the Stranger”
July 29, 2021 13:00 - 34 minutes - 23.8 MBImmigration is a complicated and controversial issue. Well over 50,000 unaccompanied children seek entry to the United States at our southern border each year. Who are they? And why are they so desperate to flee their home countries that they leave everything and everyone they know behind? What legal and moral responses should we have to them? In this episode, host Allan Marks speaks with Linda Dakin-Grimm about her #probono work guiding immigrants through the legal system. As she writes i...
Asian Capital Markets at an Inflection Point – “Opportunities & Risks Ahead”
July 07, 2021 19:00 - 37 minutes - 26.1 MBAsia’s financial markets – flush with liquidity and riding a wave of economic growth – are at an inflection point. Corporate issuers, investment banks, hedge funds and private investors have evolved over the past two decades, just as capital sources and economies have become more diverse. A burgeoning middle class across India, Thailand, Malaysia, Indonesia, the Philippines and other countries drives expansion, but each market brings its own advantages and challenges. China remains a major s...
Biopharmaceutical Innovation: “Unleashing the Body’s Immune System, from mRNA Vaccines to Cancer Cures”
June 18, 2021 04:00 - 41 minutes - 28.7 MBBiopharma is on a roll. Biologics and recombinant antibodies have advanced the treatment of cancer and autoimmune diseases. Messenger RNA technology – an essential part of the newly developed Pfizer-BioNTech and Moderna vaccines – promises a new frontier of medical breakthroughs and future advancements in immuno-oncology and cancer therapeutics. Genetic treatments for diseases such as rheumatoid arthritis and autoimmune disorders are leading to new possibilities, built on a network of paten...
Regenerative Development to Mitigate Climate Change – “Common Earth’s Path to Sustainability"
May 26, 2021 16:00 - 47 minutes - 32.5 MBESG Series #6: Regenerative development enhances sustainability and resilience through a sophisticated understanding of how all living systems are interconnected. Linking diverse people and places through international scientific alliances and hands-on local projects (like regenerative finance, convenings at the Commonwealth of Nations, and Project CETI with whales) creates innovative, long-term solutions to mitigate the impact of climate change. In this episode, Milbank partner Russell Ja...
SPACs Fuel Hot M&A and IPO Markets – “Will SEC Cool the Fire?”
April 29, 2021 23:00 - 26 minutes - 18.4 MBSPACs, or “blank check” Special Purpose Acquisition Companies, have surged over the past two years, raising over $75 billion (about half the total US IPO market) last year alone. Recent SEC statements add complexity to accounting and disclosure rules for SPACs and could chill the market. Even so, De-SPAC (the merger of a SPAC into a private company, taking it public) transactions will trigger more M&A and PIPE deals at least through 2022. In this episode, Milbank partners Allan Marks, Rod ...
Battery Metals Charge the Green Energy Transition: “I’ve Got My Ion You”
April 15, 2021 11:00 - 34 minutes - 24 MBESG Series #5: As the world transitions from fossil fuels to renewable power and other clean energy technologies, we are entering a “super cycle” of demand for new materials. The digitalization of the global economy also drives this demand, as power grids become smarter, sustainable and more resilient. What do all these green initiatives have in common? Batteries. The World Bank has forecasted that the production of metals such as lithium, cobalt, zinc and graphite will need to increase by...
Europe’s Equity Boom and the First German IPO of 2021: “Wir Kaufen Dein Auto1”
March 31, 2021 12:00 - 28 minutes - 19.5 MBEuropean companies are benefitting from investors’ huge appetite for new equity offerings. Showing the strength of European capital markets in 2021, Germany's first IPO of the year closed in February: AUTO1 Group SE, a multi-brand technology company that develops solutions for online car buying and selling. In this episode, Milbank Global Corporate partners Norbert Rieger and Sebastian Heim speak with Global Project, Energy & Infrastructure Finance partner Allan Marks about how the AUTO1 IPO...
Brazil’s Hot IPO Market: “Que legal!”
March 10, 2021 01:00 - 30 minutes - 20.9 MBBrazil’s capital markets are surging, with new IPOs and follow-on equity offerings in 2021 extending the hot market from last year, the best in over a decade. Brazil is a bellwether for emerging markets globally. What is causing this flurry of activity, and how long will it last? In this episode, São Paulo Global Capital Markets partners Fabiana Y. Sakai and Tobias Stirnberg speak with Milbank Global Project Energy & Infrastructure Finance partner Allan Marks about the state of the Brazil...
Milbank@Harvard – "A Decade of Connections, Community and Creativity"
February 24, 2021 21:00 - 31 minutes - 21.7 MBStarting in their fourth year of practice, Milbank associates spend a week together on campus at Harvard Law School Executive Education each year for three years in an interactive, intensive and comprehensive professional development program. In the classroom, the curriculum, developed in partnership with Harvard Law School Executive Education, covers finance and accounting, leadership and team management, strategy, marketing, negotiations and macroeconomics, and provides an MBA-like experie...
Corporate Governance & Proxy Advisors – “Who Watches the Watchers?”
January 28, 2021 05:00 - 28 minutes - 19.6 MBESG Series #4: Two proxy advisory firms wield vast power over America’s public companies, with little accountability or transparency. Institutional investors who control an estimated 80% of the market capital of U.S.-publicly listed companies often rely on these advisors in setting stewardship policies and in voting for or against company directors or on corporate governance matters, including ESG policies, executive compensation and investment rules. In this episode, Milbank Global Proje...
SEC Enforcement Powers Expanded With New Disgorgement Law – “Unjust Enrichment Just Adjusted”
January 14, 2021 14:00 - 25 minutes - 17.7 MBLast year, disgorgement accounted for $3.6 billion in monetary remedies for the US Securities and Exchange Commission, or three-quarters of all monetary remedies in SEC enforcement actions. Two recent Supreme Court decisions – in 2017 and 2020 – sharply curtailed the SEC’s authority to pursue disgorgement. To affirm the SEC’s powers, a new law on January 1, 2021 amended the Securities Exchange Act of 1934 to grant the SEC express statutory authority to pursue disgorgement of ill-gotten gai...
Musicians as Lawyers – “Practice Makes Perfect (Pitch)” | Special Holiday Episode
December 18, 2020 17:00 - 37 minutes - 26.1 MBLike a fine musician performing a complex work before a discerning audience, practicing law at an elite level can be as much art as science. Today, we take a breather from complex business issues in this bonus episode featuring Milbank Global Project, Energy & Infrastructure Finance partner Allan Marks and Litigation & Arbitration partner Alex Romain, who compare notes on how their years of classical piano training and passion for playing music inform their approaches to practicing law. They...
Renewable Energy Past and Future: The Lawyer’s Role – “Be the Change You Wish to See”
December 07, 2020 21:00 - 28 minutes - 20.1 MBESG Series #3: Renewable energy technology and transactions have evolved globally since the early days of wind power in California. In this episode, Milbank Global Project Energy & Infrastructure Finance partners Karen Wong (who retires this year) and Allan Marks (host) look at how the practice of law is evolving, as technology allows for increased responsiveness and productivity, and also share personal insights on building professional teams, deepening relationships, and the importance of...
Renewable Energy Past and Future: The Lawyer’s Role – “Be the Change You Wish to See”
December 07, 2020 21:00 - 28 minutes - 20 MBESG Series #3: Renewable energy technology and transactions have evolved globally since the early days of wind power in California. In this episode, Milbank Global Project Energy & Infrastructure Finance partners Karen Wong (who retires this year) and Allan Marks (host) look at how the practice of law is evolving, as technology allows for increased responsiveness and productivity, and also share personal insights on building professional teams, deepening relationships, and the importance of...
The Virtual Federal Trial of Putnam v. FGIC – “What’s in the Box?”
October 21, 2020 01:00 - 43 minutes - 30 MBTop-flight lawyers conducted a three-week trial entirely online, in the midst of a pandemic and recession, to resolve issues that dated back over a decade to the last recession. Derivatives, CDOs, credit default swaps, and financial guaranties: the facts in Putnam vs. FGIC were incredibly complex. In this episode, Milbank Global Project Energy & Infrastructure Finance partner Allan Marks sorted it out with Putnam’s lead lawyers – Thomas Arena, Sean Murphy and Robert Hora of Milbank’s Litiga...