MoFo Perspectives Podcast

Brandon Van Grack, former senior official at the U.S. Department of Justice and chair of MoFo’s Global National Security practice, joins our hosts to explore the seismic impact of the Trump administration on U.S. foreign policy and security. Bringing over a decade of experience monitoring national security threats in China and Russia, Brandon takes us through top-of-mind issues: from cyber offensive actions and NATO military command to tariffs, export controls, and sanctions. How aligned are U.S. and EU interests today? How should international businesses navigate?

When Your Life Sciences Are on the Line: False Claims Act by Morrison & Foerster LLP (MoFo)

State attorneys general (State AGs) are becoming increasingly active in the realm of antitrust enforcement, focusing on mergers, monopolization, and ESG-related cases. In recent years, state AGs have taken assertive roles in challenging major mergers, such as JetBlue’s attempted acquisition of Spirit Airlines and Kroger’s attempted acquisition of Albertsons. These actions highlight a trend of state AGs bringing their own cases in state courts, sometimes parallel to federal enforcement efforts.

State AGs have also been at the forefront of monopolization cases, particularly against big tech companies, and have challenged algorithmic pricing and data sharing arrangements. Additionally, ESG-related antitrust actions have emerged, with red state AGs investigating financial institutions supporting environmentally conscious investing.

In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Megan Gerking, partner in the firm’s global Antitrust Law practice, discuss the current state of antitrust enforcement by state AGs and what to expect in 2025. They explore the potential for state AGs to continue active participation in merger and conduct investigations, possibly filling perceived gaps in federal enforcement under the new Trump administration. Listen to the episode to gain a deeper understanding of the future of state AG enforcement in the antitrust arena.

The 21st episode in this series focuses on “Decoding the EU Omnibus Legislation in Sustainability and Governance,” featuring Aron Cramer, President and CEO, BSR; Christine Diamente, Managing Director of Transformation, BSR; and Paloma Muñoz Quick, Director of Human Rights Standards, BSR. They were in conversation with Susan Mac Cormac, co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo.

Suz, Aron, Christine, and Paloma unpacked the complexities of the Omnibus legislation, which is shaping the future of sustainability and corporate governance on a global scale. Their discussion also delved into the regulatory landscape, key implications for businesses, and how organizations can adapt to these comprehensive sustainability standards.

In the realm of False Claims Act (FCA) enforcement, state attorneys general (AGs) are increasingly collaborating with federal authorities and fellow state AGs to address allegedly fraudulent activities. Companies operating across multiple states are under heightened scrutiny, particularly in the healthcare sector, where compliance with regulations is critical. The United States Department of Justice (DOJ) highlighted this collaboration with state AGs in its announcement of FCA recoveries last year, noting that DOJ is working closely with state AGs to recover funds for both federal and state Medicaid programs. There also has been increased coordination targeting third-party investors, such as private equity and venture capital firms, to ensure that they conduct thorough due diligence and maintain robust compliance programs when investing in healthcare companies. This increased coordination aims to hold all parties accountable, from healthcare providers to their financial backers, in preventing and addressing alleged fraud.

In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Adam Braverman, a partner in the Investigations + White Collar Defense Group, examine the current dynamics of state AG enforcement under the FCA. They explore the implications of multijurisdictional investigations and the growing involvement of third-party investors in healthcare fraud cases. Their discussion provides valuable insights for companies navigating these complex legal challenges, highlighting the importance of proactive compliance measures and strategic responses to enforcement actions. Tune in to the podcast to gain a deeper understanding of the future of state AG enforcement in the FCA arena.

MoForecast is a podcast series discussing enforcement and policy trends we can expect from the new presidential administration. This episode continues our focus on state AGs, which aims to provide valuable insights for in-house counsel, compliance professionals, and defense lawyers navigating the evolving landscape of state AG enforcement.

As the Consumer Financial Protection Bureau (CFPB) faces uncertainty, state attorneys general (state AGs) are poised to fill the enforcement gap in consumer financial protection. With the CFPB’s future in question, state AGs are expected to intensify their focus on consumer protection laws, particularly in areas such as lending, credit, and alternative financial products. This shift will likely impact companies operating in the financial services sector, as state AGs leverage their broad jurisdictional powers to address practices they deem harmful to consumers.

In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Maria Earley, former CFPB enforcement attorney and member of the Financial Services Group, delve into state AG enforcement of consumer financial protection. They discuss the anticipated areas of focus for state AGs, including the regulation of Fintech partnerships and alternative credit products. Their conversation offers critical insights for companies facing these regulatory challenges, emphasizing the importance of monitoring consumer complaints and maintaining compliance with state laws. Tune in to the podcast to gain a deeper understanding of the future of state AG enforcement in consumer financial protection.

As we continue into 2025, state attorneys general (AGs) will play a pivotal role in shaping environmental policy and enforcement. With anticipated resistance to environmental regulation rollbacks and a continued focus on climate change litigation, understanding these trends is crucial to manage risk and ensure compliance.

In the latest episode of MoForecast, Morrison Foerster partners Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Bill Tarantino, leader of MoFo’s global Environmental practice, discuss predicted trends in state AG environmental enforcement for 2025. They explore the differing priorities between Democratic and Republican AGs, with Democratic AGs likely pursuing aggressive climate policies, while Republican AGs focus on challenging regulatory overreach and emphasizing fiduciary duties in ESG practices. Despite these differences, bipartisan efforts are expected to address critical public health issues such as clean drinking water, with a particular focus on lead and PFAS chemicals. These trends also highlight the importance of staying informed and prepared for the challenges and opportunities that lie ahead.

The 20th episode in this series focuses on “The Rise of Climate Litigation,” featuring Michael Gerrard, Professor, Founder, and Faculty Director of the Sabin Center for Climate Change Law, in conversation with William F. Tarantino, partner in the Climate Change and Environmental Litigation + Regulatory practices at MoFo.

In this episode of the Above Board podcast, hosts Scott Lesmes and Haima Marlier are joined by Morrison Foerster partners and legal advisors to leading artificial intelligence (AI) companies Marian Waldmann Agarwal and Justin Haan to discuss the evolving governance, legal, and ethical landscape surrounding AI. Marian, co-lead of the firm’s AI Group, and Justin, a member of the AI Industry Committee, provide insight into how companies can implement AI governance frameworks, balance innovation with risk management, and navigate emerging regulations. They explore key considerations for boards, including ethical AI use, regulatory compliance, intellectual property risks, and the importance of ongoing assessments of AI tools. The conversation also looks ahead to the next frontier in AI regulation, including the rise of AI-powered agents and the need for robust oversight mechanisms.

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the eighth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.