MoFo Perspectives Podcast

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fifth 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.

In this episode, Nate spoke with Kaylee Cox Bankston, a partner in Morrison Foerster’s Privacy + Data Security Group, about the increased focus on cybersecurity governance from regulators and enforcers, specifically what life sciences companies need to know about the new U.S. Securities and Exchange Commission (SEC) cybersecurity rules for public companies. Nate and Kaylee summarize the reactive and proactive components of the new SEC rules and how to navigate what to disclose following a cybersecurity incident, even in the uncertain early stages of an investigation. In addition to sharing how to put companies in a better position to react when something goes wrong, Nate and Kaylee addressed the recent regulatory scrutiny trends that life sciences companies can anticipate, specifically express legislation, prescriptive requirements, and personal liability for cybersecurity failures.

In this episode of the Diversity in Practice podcast, Boston partner and Latinx Affinity Network liaison, Nate Mendell, shares how his mother’s influence impacted the trajectory of his legal career and helped shape his commitment to diversity and inclusion. Nate also shares his thoughts on how our differences can ultimately provide better service to our clients and how effective mentorship helps those from marginalized communities to find success.

In celebration of International Women's Day, MoFo Singapore hosted a special event titled “MoFo Celebrates Women – #InspireInclusion – An Evening in Conversation with Amanda Chong” on April 23 to discuss Amanda's work on human rights, anti-trafficking, and gender equality, all while being a successful poet and writer.

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fourth 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.

In this episode, Nate spoke with Julie Park, Managing Partner of Morrison Foerster’s San Diego office whose practice is focused on product lifecycle and mass torts. Julie and Nate talk about product liability risks for life sciences companies, particularly in connection with the use of artificial intelligence in medical devices. Nate and Julie also discuss potential sources of liability for companies driving these innovations, as well as strategies for avoiding unwanted scrutiny from enforcers and the plaintiffs’ bar. In addition to sharing what safeguards can protect your business when bringing new technology to market, Nate and Julie address what is necessary to manage a crisis in the event that product liability litigation presents itself.

In this episode of the Above Board podcast, hosts Scott Lesmes and Haima Marlier speak with Morrison Foerster partners Carrie H. Cohen, former Assistant U.S. Attorney in the Southern District of New York and Assistant Attorney General in the Civil Rights Bureau of the New York State Attorney General’s Office, and Andrew Turnbull, co-head of the firm’s Employment + Labor Group and DEI Strategy + Defense Task Force, about developments in diversity, equity, and inclusion (DEI) litigation and enforcement. Carrie and Andrew provide their expertise on, among other topics, the increasing challenges to corporate DEI initiatives following the U.S. Supreme Court's decision on affirmative action in college admissions and the implications of anti-DEI activists claims and state attorneys general letters urging Fortune 100 companies to reassess their DEI policies. The episode also provides practical guidance on conducting thorough audits of DEI initiatives, maintaining compliance with evolving legal standards, managing corporate DEI programs amidst legal challenges, and ensuring consistency in DEI communications and disclosures.

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the third 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.

In this episode, Nate spoke with David Shaw, a partner in Morrison Foerster’s Global Antitrust Law Group who formerly served as deputy chief of staff and counsel to the Assistant Attorney General in the Antitrust Division of DOJ, and Eric Tate, chair of Morrison Foerster’s Employment + Labor Group, about how the Federal Trade Commission’s (FTC) final noncompete rule, which was issued on April 23, 2024, will impact life sciences companies. Together, they discuss the practical implications of the new noncompete rule going into effect as early as September of this year and, most importantly, how to protect your company's trade secrets without the safeguard of a noncompete. Additionally, Nate, David, and Eric explored the exceptions to the rule, such as exemptions for: senior executives with noncompetes in place before the rule goes into effect; employees selling their ownership stake in a business for sale or whose assets are for sale; and lesser restrictive covenants, including non-solicitation restrictions, NDAs, and Garden Leave.

The 15th episode in this series focuses on the “How Businesses Can Scale Action for a Nature Positive Future” with Aron Cramer, President and CEO of BSR, interviewing Eva Zabey, CEO of Business for Nature.

The discussion focuses on the intersection of nature and business, including why every business needs a nature strategy and how business and finance can contribute to a nature-positive future. Eva provides insights on the latest developments in business and nature, as well as on how businesses can effectively create credible business action plans and help drive ambitious policies to achieve a nature-positive, net zero, and equitable economy for all.

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the second episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders in the space share the insights and advice you need to manage business and legal risk in the life sciences sector.

In this episode, Nate spoke with Melissa Crespo, a partner in Morrison Foerster’s Privacy + Data Security Group, about how life sciences companies that use online ad tracking technologies can navigate the complex landscape of privacy laws and regulatory scrutiny related to the potential collection and sharing of health information. Nate and Melissa discuss practical steps companies can take to mitigate the risk of investigation and enforcement. In addition to discussing how ad tracking can run afoul of privacy and consumer protection laws, Nate and Melissa also explored the heightened risks of ransomware attacks for life sciences companies, effective steps to meet DOJ’s cybersecurity standards, and recent DOJ cybersecurity-related enforcement actions involving life sciences companies.

Listen to the podcast conversation with Chief Legal Officer at Maybourne Hotel Group, Jennifer Guilfoyle, and Board Advisor, Guy Hipwell, on what it takes to build a successful brand and the importance of protecting your brand.

In this episode of the Above Board podcast, Morrison Foerster partner and host Scott Lesmes speaks with Morrison Foerster partners Haima Marlier and Michael Birnbaum, both former senior trial counsel at the SEC, and Craig Martin, a former enforcement attorney at the SEC, about recent SEC enforcement activities concerning controls violations. The discussion includes trends and analysis in the areas of internal accounting controls and disclosure controls under the Exchange Act, with takeaways from recent cases including Charter Communications and Activision Blizzard. Also discussed are best practices for maintaining robust compliance programs and navigating the evolving landscape of SEC regulations.