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.…

Morrison Foerster partner Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, spoke with Edward Imperatore, a partner in MoFo’s Investigations + White Collar Defense Group, for an episode of MoForecast, a podcast series discussing enforcement and policy trends we can expect from the upcoming administration. This episode continues our focus on state attorneys general (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. In this episode, Carrie and Ed discuss the evolving landscape of securities enforcement by state AGs, highlighting the broad mandate and sweeping authority that state AGs possess under state blue sky laws. They examine key areas of focus for state AGs, including digital assets, artificial intelligence (AI), and traditional securities fraud, where significant enforcement actions were seen in 2024. The conversation also explores the potential impact of the change in presidential administration on state AG priorities. They conclude this episode by sharing their enforcement predictions for 2025, noting their expectation of robust securities enforcement continuing, with an uptick in state enforcement.…

The 19th episode in this series focused on “ESG Insights from 2024 and What’s Next for 2025,” featuring María Mendiluce, CEO at We Mean Business Coalition, and Aron Cramer, President and CEO at BSR, in conversation with Susan H. Mac Cormac, Co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo.…

Morrison Foerster partner Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, spoke with Christine Wong, a partner in MoFo’s Investigations + White Collar Defense Group, for an episode of MoForecast, a podcast series discussing enforcement and policy trends we can expect from the upcoming administration. This episode continues our focus on state attorneys general (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. In this episode, Carrie and Christine share insights on consumer fraud and the power state AGs have to enforce consumer fraud protection statutes to protect citizens of their state from fraud, waste, and abuse. Together they discuss the various types of conduct state AGs pursued in 2024, such as robocalling, fraudulent charities, and healthcare fraud, and highlight the increased focus on social media platforms, particularly regarding children’s online safety and privacy, and the use of traditional deceptive practice laws to address new technologies like AI. The conversation also touches on the enforcement of consumer protection laws against Chinese technology companies and the bipartisan nature of state AG efforts to protect citizens from perceived threats. They conclude this episode by sharing what trends they predict we’ll see in state AG enforcement in 2025, including continued attention to technology companies and consumer product safety.…

Faced with emerging challenges in privacy and cybersecurity, state attorneys general (AGs) are at the forefront of enforcement. Companies face increasing expectations to implement robust cybersecurity programs, promptly notify individuals affected by data breaches, and establish effective monitoring and auditing systems. As new technologies such as wearable tech, brain tech, and gaming platforms emerge, state AGs are focusing on protecting the data generated by these innovations. Additionally, there is growing concern over deepfakes, unauthorized sale of consumer data, and safeguarding children’s online privacy. 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 Linda Clark, member of MoFo’s Privacy + Data Security Group, discuss trends and forecasts for state AG enforcement of privacy and cybersecurity. Their conversation offers key compliance takeaways for companies handling consumer data, emphasizing the importance of transparency, consumer choice, and ethical considerations. Listen to the podcast to stay informed and prepared for the future of state AG privacy and cybersecurity enforcement. 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.…

Morrison Foerster partners Carrie H. Cohen, global co-chair of the firm’s Investigations + White Collar Defense Group and State + Local Government Enforcement team, and Brian R. Michael, member of the firm’s Investigations + White Collar Defense Group and chair of the firm’s Global Ethics + Compliance practice, hosted an episode of MoForecast, a podcast series discussing enforcement and policy trends we can expect from the upcoming administration. This episode begins our focus on state attorneys general (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.…

Listen to our latest MoFounders podcast conversation. In this episode, we are joined by Emma McFerran, CEO at Lyst. Emma discusses her remarkably rare journey from training as a lawyer to becoming CEO of the world's largest fashion search platform, Lyst, and shares invaluable advice that will be relevant to founders at any stage.…

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 seventh 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, Kate and Nate spoke with Chen Zhu, a partner in Morrison Foerster’s Investigations + White Collar Defense and FCPA + Global Anti-Corruption Groups, and James Koukios, co-head of Morrison Foerster’s FCPA + Global Anti-Corruption Group and former senior deputy chief of the Fraud Section at the U.S. Department of Justice (DOJ). Together, they discussed anti-corruption and Foreign Corrupt Practices Act (FCPA) considerations and enforcement concerns for life sciences companies, especially those operating in both the U.S. and China.…

The 18th episode in this series focused on “Sustainability Post-Election,” featuring Anne L. Kelly, Vice President, Government Relations at Ceres, in conversation with Craig D. Martin, Co-chair of the ESG + Sustainability and Investigations + White Collar Defense practices at MoFo. Anne and Craig explored the future of pressing climate-related issues and sustainability in the context of post-election dynamics. Anne shared insights on how the United States can advance a clean energy future in the immediate months and coming years following the U.S. presidential election. Their discussion also covered critical U.S. policy action at the state and federal levels that will be needed to continue momentum for investment in climate solutions, as well as the pivotal role of the private sector in climate action and the just transition to a cleaner, more resilient economy.…

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 sixth 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, Kate and Nate spoke with Anita Choi, a partner in Morrison Foerster’s Life Sciences + Healthcare and Food + Agriculture Groups, about how new developments in food product innovation and the treatment of obesity have gained attention from government enforcers and regulators. They discuss how the economic potential of cell culture technology in food production could attract attention from regulators and enforcers looking for fraudulent practices like misbranding or adulteration and also how the high demand for weight loss drugs has already fueled a black market for counterfeit medications. Kate and Nate cover recent enforcement actions by the U.S. Department of Justice and Food and Drug Administration to combat fraud and to protect consumers from dangerous products, and explore how these revolutionary technologies may be targeted for enforcement. On a lighter note, Kate, Nate, and Anita also talk about how life sciences companies can protect their intellectual property as they innovate and enter the market.…

The 17th episode in this series focuses on the “Accelerating Sustainable Infrastructure Finance and Development,” with Susan H. Mac Cormac, Co-chair of the ESG + Sustainability and Social Enterprise + Impact Investing practices at MoFo, in conversation with Jonah Goldman, Generate’s Head of External Affairs and Impact.…

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.…