To assist our clients in various stages of the litigation life cycle, our Litigation Group has prepared an ongoing series of Memos, Podcasts and Webinars. Topics include key considerations for businesses undergoing workforce restructuring, guidance for OFAC-administered regulatory requirements and considerations for businesses trying to determine whether they are “essential” or “critical” under changing guidelines. 

Partner Contacts: Nicolas BourtinCatherine M. ClarkinJared M. FishmanJulia M. JordanMarc Treviño and Benjamin H. Weiner



August 2020 Securities Enforcement and Litigation Update

August 27, 2020 – 2019 and the first half of 2020 saw extensive activity in both SEC enforcement and private securities litigation. In terms of both the number of standalone enforcement actions brought and the amount of money recovered, 2019 was a banner year for the SEC, although the Supreme Court’s recent decision in Liu v. SEC established important limitations on the SEC’s disgorgement authority going forward. Notwithstanding the COVID-19 pandemic, the SEC has continued its busy pace of enforcement activity in the first half of 2020, with a particular focus on protecting “Main Street” investors.

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Court Dismisses PPP Agent Fee Action

August 17, 2020 – Today, in the first decision on a motion to dismiss in a case brought by an “agent” seeking fees from lenders for allegedly helping small business borrowers obtain loans under the Paycheck Protection Program, Judge Wetherell in the Northern District of Florida granted defendants’ motion to dismiss all claims.  As to the “central issue of first impression . . . whether Plaintiff and others like it are entitled to any portion of the fees paid by the federal government to lenders like Defendants who were tasked with handing out hundreds of billions of dollars of ‘loans’ under the [PPP],” Judge Wetherell held that “[t]he short answer is ‘no.’”

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S&C Critical Insights – Recent M&A and Litigation Developments in Delaware

August 11, 2020 – In this episode of S&C’s Critical Insights podcast series, Litigation partners John Hardiman and Brian Frawley join M&A partner Matt Goodman to provide an overview and analysis of recent Delaware corporate law developments. 

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S&C Critical Insights – Emerging Issues in Private Securities Litigation

July 21, 2020 – In this episode of S&C’s Critical Insights podcast series, partners Jeff Scott and Julia Malkina review trends and emerging issues in private securities litigation. Topics include the record number of securities class actions filed last year, how state court proceedings have changed post-Cyan, and updates related to the COVID-19 pandemic.

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S&C Critical Insights – Trends and Priorities in SEC Enforcement

July 16, 2020 – In this episode of S&C’s Critical Insights podcast series, partners Jeff Scott and Julia Malkina discuss the priorities of the SEC’s Enforcement Division, as well as enforcement trends as reflected by the types and volume of enforcement actions that the SEC has brought during the last two years. They also offer guidance for handling SEC investigations in light of the agency’s priorities.

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S&C Critical Insights – Communications Strategies for Corporate Crises – COVID-19 Update

June 23, 2020
Bob Giuffra and Paul Holmes, the CEO of North American operations at the global communications firm Finsbury, share their perspectives on corporations’ communications strategies during the COVID-19 crisis. They recommend navigating these new challenges by seeking legal, communications and government relations support early. They also discuss the importance of authenticity in corporate communications and real-time crisis management.

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COVID-19 Insurance Developments: Business Interruption, Workers’ Compensation, Auto

May 29, 2020 – The novel coronavirus (“COVID-19”) pandemic and the business closures, unemployment and economic disruptions caused by the pandemic continue to generate significant insurance-related legislative, regulatory and litigation activity in the United States. This Memorandum summarizes recent key COVID-19-related developments with respect to three property and casualty insurance coverages particularly affected by the crisis.

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S&C's Critical InsightsOFAC Guidance in Response to COVID-19

May 6, 2020 – Eric Kadel, co-managing partner of S&C's Economic Sanctions and Financial Crime practice, and Jamie Earl, special counsel in the practice, discuss OFAC's recent guidance regarding compliance during the COVID-19 pandemic.

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S&C's Critical InsightsThe Impact of COVID-19 on the Aviation Industry

April 28, 2020 – In this episode of S&C’s Critical Insights podcast series, Amanda Flug Davidoff, Deputy Managing Partner of S&C’s Litigation Group, Annie Ostrager, co-head of the Labor and Employment Law Group, and George Sampas, leader of the Firm’s aviation and North American energy and natural resources practices, discuss issues the aviation industry is facing due to the COVID-19 pandemic.

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Week of April 20, 2020

April 21, 2020 – OFAC Guidance in Response to COVID-19: OFAC Issues Guidance on Sanctions Compliance and Provision of Humanitarian Assistance and Trade to Combat COVID-19 (Memo)

Week of April 13, 2020

April 16, 2020 – BSA and AML Compliance Guidance and the Paycheck Protection Program (Memo)

April 14, 2020 – The City of Los Angeles Orders Mandatory Face Coverings to Protect Certain Essential Employees (Blog Post)

April 14, 2020 – CMA Prohibits Merger That DOJ Tried – But Failed – To Block: In an unusual turn of events, the CMA prohibited the Sabre/Farelogix merger only two days after a U.S. federal court rejected the DOJ’s attempt to block the transaction (Memo)

April 13, 2020  Court Endorses Establishment of Eligibility Criteria for Paycheck Protection Program Loans (Memo)

Week of April 6, 2020

April 10, 2020 – EU State Aid: European Commission Expands COVID-19 State Aid Temporary Framework, and Approves 52 State Aid Notifications Worth Over €500bn (Memo)

Week of March 30, 2020

April 2, 2020 – S&C Critical Insights – The Impact of COVID-19 on Government Investigations​ (Podcast)

March 30, 2020 – M&A During the COVID-19 Crisis — European Commission Encourages Protection of Critical Assets by EU Member States (Memo)


Week of March 16, 2020

March 19, 2020 – U.S., European Merger Review Adapts to COVID-19 Crisis (Memo)

March 19, 2020 – S&C Critical Insights – New COVID-19 Guidelines Delay Merger Reviews (Podcast)