The Sidley Podcast
44. 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 States vast immunity from criminal prosecution, raising alarm over how that expanded power might take shape. As the…
43. The Legal Battles Taking Shape in the Clash Over Internet Content
August 2024 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 parties. But the measure is inspiring lawsuits from plaintiffs who say it allows internet…
42. 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 demise of so-called “Chevron deference” could upend the regulation of nearly all aspects of American commerce, opening the…
41. 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 voluntarily report wrongdoing found during the mergers and acquisitions process. The government especially wants to detect misconduct…
40. Is Your Company Ready For the SEC’s New Climate Disclosure Rules? We Break Them Down
April 2024 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…
39. Enforcement is on the Rise Against Non-Compete Agreements. Is Your Business Ready?
January 2024 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…
38. Is Your M&A Contract Vulnerable to Post-Closing Litigation? We Break it Down
January 2024 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…
37. How the Supreme Court’s Affirmative Action Ruling May Impact Your Business
November 2023 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…
36. How the Cases Before the Supreme Court Could Impact You and Your Business
October 2023 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…
35. SEC’s Cybersecurity Disclosure Rules Are Here. Is Your Company Ready to Comply?
September 2023 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 cyber risk management more broadly. With the deadline for compliance fast approaching, businesses are scrambling to…