The Sidley Podcast
Welcome to The Sidley Podcast. Join us as we bring a unique perspective to complex issues at the intersection of law and business.
Episodes
44 episodes
How SCOTUS is Shaping How We Do Business
The Supreme Court made monumental moves last term, discarding the Chevron doctrine, and scrambling how regulation of the environment, public health, and consumer protection has worked for 40 years. And it granted the president of the United Sta...
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40:16
The Legal Battles Taking Shape in the Clash Over Internet Content
A federal law known as Section 230 has provided a powerful legal shield for internet companies for nearly three decades. Designed to “promote the internet,” it protects platforms from civil liability for content posted to their sites by third p...
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39:52
How the Regulatory State May Change in the Aftermath of the SCOTUS Chevron Ruling
The Supreme Court has discarded the Chevron doctrine. In a decision overturning a four-decades-long precedent, the high court now says courts will no longer so easily defer to federal agency interpretations of the statutes they implement. The d...
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28:48
Buyer Beware: What to Know About the DOJ’s Policy on Self-Reporting in M&A
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 voluntaril...
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16:32
Is Your Company Ready For the SEC’s New Climate Disclosure Rules? We Break Them Down.
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, comparabili...
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32:24
Enforcement is on the Rise Against Non-Compete Agreements. Is Your Business Ready?
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...
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29:17
Is Your M&A Contract Vulnerable to Post-Closing Litigation? We Break it Down.
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 dis...
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28:22
How the Supreme Court’s Affirmative Action Ruling May Impact Your Business
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 ...
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40:19
How the Cases Before the Supreme Court Could Impact You and Your Business
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 Fi...
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42:53
SEC’s Cybersecurity Disclosure Rules Are Here. Is Your Company Ready to Comply?
Companies are facing more attacks on their information systems. And, as their cyber risk skyrockets, the SEC has stepped in with new regulations, telling businesses what to disclose about these incidents — and requiring detailed disclosures on ...
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28:05
Is the Airline Industry Flying High or in for a Tough Landing?
Airlines have hit their share of turbulence, from supply chain issues and staffing shortages to the Russia-Ukraine conflict and elevated fuel prices. As interest rates rise and some airlines file for bankruptcy, the industry’s carbon emissions ...
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43:56
Regulatory Considerations For Businesses Following Recent Bank Failures
Bank failures have roiled the financial sector, leading consumers and businesses to brace for economic fallout. How did we get here, and how will policymakers respond? What are the tools businesses can use to mitigate risk, and could a crisis l...
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46:56
How Businesses Should Navigate a Tightly Divided New Congress
After a contentious State of the Union Address, President Joe Biden faces off against a divided United States Congress over the debt ceiling. The business world is paying very close attention. Will Speaker Kevin McCarthy be able to corral his s...
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41:04
What it Takes to Score in High-Stakes Sports Acquisitions
It’s time to play ball, both on the field and off. As this year’s pro football season culminates with the big game, the business of sports is booming. More teams are for sale, buyers are lining up, and valuations are through the roof. Join ...
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45:36
How SCOTUS May Rule on Potentially Seismic Cases for Business and Society
This could be the most controversial United States Supreme Court term ever. After overturning Roe v. Wade, the court now considers more profound change in election law, affirmative action, and other regulations affecting businesses. As...
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55:04
How Cryptocurrency’s Key Players Navigate Market Challenges and New Regulations
It’s a wake-up call for the cryptocurrency industry. Falling prices have created dangers — but also opportunities for market participants. How will investors, lenders, and the courts respond? What new laws could be imposed, and who will end up ...
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35:24
How the Supreme Court’s EPA Ruling Complicates Climate Action and What Companies Can Do
The Supreme Court’s recent decision in West Virginia v. EPA clips the EPA’s ability to address climate change and may fundamentally alter the administrative authority of other federal agencies to tackle big problems. As state a...
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24:54
What Fund Managers and Investors Should Know About the SEC’s Bold New Regulatory Agenda
Private fund managers and investors are on high alert as the U.S. Securities and Exchange Commission (SEC) proposes an aggressive new regulatory agenda. Its new draft rules have been described as a “sea change” and are intended to enhance regul...
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32:50
Why Are Green Bonds All the Rage, and What’s in it for Business?
Finance is finally catching up with the environmental movement. Green bonds, which are debt raised by companies whose proceeds are used for environmentally beneficial purposes, are all the rage. More of them are being sold than ever before. But...
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33:27
Litigation Trends in Delaware and How Businesses and Boards Can Mitigate Risk
New structures, new rules? Delaware’s Chancery Court provides guidance on disclosure, conflicts, and risk allocation. We take a look at the latest Delaware rulings and what they say about SPAC directors' fiduciary duty, as well as ...
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44:26
Could Proposed Laws in the U.S. and EU Help Save the Planet?
Momentum on climate action is unstoppable. Investors, businesses, and the public are demanding policymakers get serious about reducing emissions. Legislation from the U.S. and EU offers challenges and incentives for businesses worldwide. How wi...
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51:24
What We’ve Learned About Preempting Crises at Universities
It’s not just “varsity blues.” Universities are facing different kinds of crises than they ever imagined before, from COVID and Title IX to sports scandals and cyber breaches. As these institutions find themselves in legal and political crossha...
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27:57
Increased Scrutiny Has Boards of Directors in the Hot Seat
Life is getting harder for boards of directors of public companies. Increased scrutiny of companies — particularly in heavily regulated industries — has led to greater risk of criminal and civil liability. And recent Delaware cases have ratchet...
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36:06
How to Mitigate Corporate Risk and Respond to Crises
Recent events have given the term “corporate crisis” a whole new meaning. From cyberattacks and pandemic disruptions to political divisions and tweets that go viral, companies are being challenged in ways they never have before. How should they...
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45:51
Can Private Businesses Mandate COVID-19 Vaccinations?
Three COVID-19 vaccines are now authorized for use in the U.S., and more than half of all U.S. adults have received at least one shot. The push for vaccinations is raising ethical and legal questions. Can private employers mandate vaccinations ...
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31:40