RopesTalk

In this episode of the R&G Tech Studio, data, privacy & cybersecurity partner Fran Faircloth sits down with technology, media & telecommunications co-lead Ed Black to discuss how she counsels clients on a wide variety of privacy and cybersecurity concerns, including cyberattacks and data breaches, and how it’s helpful that she has a couple FBI agents on speed dial that she can contact whenever needed.

In the latest installment of our Ropes & Gray podcast series addressing emerging issues for fiduciaries of 401(k) and 403(b) plans to consider, Josh Lichtenstein, head of the ERISA fiduciary practice, Ellen Benson, benefits consulting group principal, and Sharon Remmer, ERISA and benefits counsel, analyze the Department of Labor’s (“DOL”) recently amended regulation governing ERISA investment duties and its application to environmental, social, and corporate governance (“ESG”) considerations and proxy voting. The amended regulation generally adheres to the re-proposal the DOL introduced over a year ago, in that it removes the anti-ESG bias of the Trump Administration’s prior rule. Instead, the final regulation adopts a more neutral stance which recognizes that ESG factors may be relevant to a risk-and-return analysis to the same extent as any other relevant factor. This shift in policy, as well as the changes that the regulation makes with respect to exercises of shareholder rights, is likely to have important consequences on fiduciary decision-making and behavior. In addition to monitoring these developments on the federal level, Ropes & Gray is proud to have launched an interactive website, Navigating State Regulation of ESG Investments, offering resources for monitoring the rapidly evolving legal and regulatory landscape concerning what role, if any, ESG factors should play in managing public retirement plan assets, and other related developments. To receive future, periodic updates, please be sure to sign up for our dedicated state ESG mailing list on this website.

In this episode of the R&G Tech Studio, data, privacy & cybersecurity co-lead Ed McNicholas sits down with technology, media & telecommunications co-lead Ed Black to discuss how his time as a litigator on the investigations team in the Clinton White House led him to a career in data privacy, and shares his insights on how the value of data continues to increase as technologies evolve.

This episode of Ropes & Gray’s podcast series Non-binding Guidance examines the regulatory landscape for drug compounding and how it has evolved over the last 10 years since a 2012 nationwide fungal meningitis outbreak caused by contaminated drugs from the New England Compounding Center (NECC) rocked the industry and led to a legislative overhaul. Listen to FDA regulatory partner Josh Oyster and associate Becca Williams as they discuss the continuing ramifications of the outbreak, the challenges faced by FDA and drug compounders, the opportunities presented to investors in the life sciences industry, and key areas of regulatory development to watch.

In this Ropes & Gray podcast, health care partners Margaux Hall and Stephanie Webster and counsel David Ault explore drug pricing reforms and limits on agency action. In the months leading up to the midterm elections, we saw a flurry of activity around drug pricing, and now, in the wake of midterms, we see heightened bipartisan interest in the topic. Listen in to hear about some of the key recent events and a discussion on the fundamental question of how far agencies can go in regulating drug pricing.

In this episode of the R&G Tech Studio, technology and intellectual property transactions partner Regina Sam Penti sits down with technology, media & telecommunications co-lead Ed Black to discuss her practice and how she, as an MIT-trained engineer, leverages her background to counsel clients on technology transactions.

In many cases, ITC investigations are not stand-alone proceedings—Section 337 complaints are often accompanied by complaints filed in federal district court. These parallel complaints often are based upon the very same unfair acts underlying the alleged Section 337 violation, such as patent infringement, trademark infringement, or trade secret misappropriation. In this episode of Talkin’ Trade, Ropes & Gray IP litigators Matt Rizzolo, Matt Shapiro, Brendan McLaughlin, and Meredith Foor explore the issues created by such parallel complaints, including the potential for litigation on two fronts and the possible preclusive effect—or lack thereof—of Commission determinations.

This episode of Ropes & Gray’s podcast series Non-binding Guidance examines FDA’s final guidance on Clinical Decision Support (“CDS”) software, released in September, and its implications for the life sciences and health care industries. The final guidance represents a substantial change in FDA’s approach to CDS software regulation from the agency’s 2019 draft guidance and may prompt many software developers to reassess their CDS products in light of the new guidance. Join Ropes & Gray FDA regulatory partners Greg Levine and Kellie Combs and counsel Sarah Blankstein as they discuss FDA’s new CDS guidance and provide an overview of key changes, practical implications, and some of the challenges posed by the guidance.

In this episode of Women @ RopesTalk, Ropes & Gray health care partners Jenn Romig and Christina Bergeron interview Lisa Mango, chief legal officer and general counsel of One Medical, a human-centered, technology-powered U.S. primary care organization on a mission to make quality health care more affordable, accessible, and enjoyable through a seamless combination of in-person, digital, and virtual care services. Lisa talks about the evolution of her career, beginning at a mid-sized law firm and then moving to in-house legal roles at early dot-com and design software companies before starting at One Medical in 2016. In looking back at her career, Lisa encourages junior lawyers to embrace the unknown, reflects on an important mentor, and shares her approach to working and parenting. Finally, she talks about the exciting past few years at One Medical, including the company’s recent agreement with Amazon.

In this Ropes & Gray podcast, partners Ama Adams and Brendan Hanifin, counsel Emerson Siegle, and associate Kurt Fowler discuss FinCEN rulemaking implementing the beneficial ownership reporting requirements of the Corporate Transparency Act. The rule will significantly expand the scope of information that certain legal entities must disclose under U.S. law, and compliance with the rule’s requirements may present particular complexity for traditional tiered holding company structures.