The Sidley Podcast

With the inauguration of President Donald Trump, the Republicans now control the White House, House of Representatives, and the Senate. That balance of power comes with its caveats: a GOP majority in the Senate may secure most of Trump’s cabinet picks. But the tight margins in the House may mean having to use executive orders to push through some policy priorities. Across the aisle, Democrats are re-grouping, and pinning their hope...

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 United States emerges from election season, the Supreme Court faces potential ...

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 companies to escape accountability for harmful content. With the Supreme Court once again refusing to...

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 floodgates for litigation, with existing laws and future rulemaking u...

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 forei...

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 busin...

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...

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 S...

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 chall...

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 ...

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 mitigate their legal risk and comply with regulations that some say may be ...

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 efforts are getting off the ground. 

Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on the airline industry — Bart Biggers, ...

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 like 2008 be repeated?

Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the financial industry — Michael D. Lewis and Teresa W...

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 slim House majority? Are any compromises possible, and can any legislation actually pass? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s tho...

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 The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on the sports industry — Charles Baker and Irwin Raij. They discuss the acquisition of ...

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 SCOTUS welcomes a new justice, it faces questions over its own legitimacy and how far the conservative majority will go. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with...

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 on top? 

Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s thought leaders on these subjects — Teresa Wilton Harmon, Stephen Hessler, and Denni...

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 and local governments find ways to fill the void, shareholders are demanding a response from Corporate America. How seismic is the ruling? Will it doom our efforts to address climate change? And what...

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 regulation and protect investors in private funds. But do those investors need or want this protection? What are the broader policy issues? And what should fund managers and investors plan for? Jo...