Law, Policy & Markets

Milbank

Law, Policy & Markets: Milbank Conversations explores key business and legal trends in today's evolving global economy. With candor and a sophisticated understanding of the issues, host Allan Marks and other Milbank partners and guests delve into diverse topics, such as ESG and sustainability, cybersecurity, airlines and aviation, biopharma, global capital markets, climate change and the energy transition, cross-border workouts, private equity, cutting-edge litigation, enforcement policies in securities and antitrust, and values-based innovation in the legal profession. Discover what’s happening, what it means, and what’s next. More details at Milbank.com. Follow us on social media and podcast platforms, including Apple, Spotify, Google and Audible. read less

Pro Bono During the Pandemic – "Protecting the Most Vulnerable"
May 19 2020
Pro Bono During the Pandemic – "Protecting the Most Vulnerable"
Featuring Milbank partner Allan Marks and Pro Bono Counsel Anthony Perez Cassino, this episode explores how COVID-19 impacts the firm’s pro bono clients and is altering the ways in which legal aid organizations operate and support their clients. Mr. Cassino also discusses how Milbank attorneys are adapting to provide pro bono service remotely during the pandemic both in the United States and worldwide.About the speakers:Anthony Perez Cassino heads Milbank’s Pro Bono practice. Active in pro bono for over two decades, he oversees the firm’s extensive efforts, connecting partners and others with a range of organizations and individuals in need, and is a recognized leader in the legal industry’s pro bono community. One of the few firms to require all attorneys to contribute a minimum of 25 pro bono hours a year, Milbank has an exceptionally active and engaged practice, contributing over 62,000 hours globally in 2019.Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More details at Milbank.com.The content provided by and through Milbank Conversations is subject to revision, interpretation, or even nullification after the date of recording. Milbank LLP shall not be liable for any loss that may arise from any reliance on Milbank Conversations or its component parts. All such content should not be construed as legal advice, and readers and listeners should not act upon the information without consulting counsel. Milbank Conversations should not be copied, distributed, published or reproduced, in whole or in part. If you have any comments or questions, please contact knowledgecenter@milbank.com.Season 1For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Liquidity and the Fed  – "Not Again. This Time is Different"
May 19 2020
Liquidity and the Fed – "Not Again. This Time is Different"
Featuring Milbank partners Allan Marks and John Williams, this episode explores how financial markets are dealing with risk and uncertainty caused by the pandemic and assesses how the Federal Reserve’s liquidity measures are stabilizing credit markets.About the speakers:Based in Milbank’s New York office, John Williams leads the Derivatives practice at Milbank globally and is a member of the firm’s Alternative Investment Practice. He specializes in cleared derivatives, credit derivatives, and Dodd-Frank Title VII regulation. Mr. Williams is noted as a leading attorney in credit derivatives, having drafted the ISDA auction settlement terms and led the engagement to establish the ISDA Credit Derivatives Determinations Committees in 2009. Since then, he has advised CDS market participants on both the buy and sell side on a range of major CDS market events, including Thomas Cook, Windstream, Sears, Neiman Marcus, Toys R Us, Astaldi, Caesars, and others.Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More details at Milbank.com.The content provided by and through Milbank Conversations is subject to revision, interpretation, or even nullification after the date of recording. Milbank LLP shall not be liable for any loss that may arise from any reliance on Milbank Conversations or its component parts. All such content should not be construed as legal advice, and readers and listeners should not act upon the information without consulting counsel. Milbank Conversations should not be copied, distributed, published or reproduced, in whole or in part. If you have any comments or questions, please contact knowledgecenter@milbank.com.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Markets Adapt to the New Normal: A View From Asia – "I've Got This"
May 21 2020
Markets Adapt to the New Normal: A View From Asia – "I've Got This"
Featuring Milbank partners Allan Marks and Jacqueline Chan, this episode explores Asia’s reopening and the pandemic’s effects on regional financial markets, on the leading edge of what the rest of the world might experience in turn.About the speakers:Jacqueline Chan is a partner in Milbank’s Singapore office, previously based in Hong Kong. She advises on a wide range of international corporate finance transactions and M&A deals, and regularly represents sponsors, borrowers and lenders on complex cross-border acquisition finance transactions. In addition, she has significant experience with international debt restructurings in Asia. Ms. Chan specializes in structuring complex debt and equity transactions for clients both within and outside of Southeast Asia, and regularly advises many of the largest private equity funds, sovereign wealth funds, corporates, leading banks and financial institutions in their various transactions globally and in particular throughout Asia.Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More details at Milbank.com.The content provided by and through Milbank Conversations is subject to revision, interpretation, or even nullification after the date of recording. Milbank LLP shall not be liable for any loss that may arise from any reliance on Milbank Conversations or its component parts. All such content should not be construed as legal advice, and readers and listeners should not act upon the information without consulting counsel. Milbank Conversations should not be copied, distributed, published or reproduced, in whole or in part. If you have any comments or questions, please contact knowledgecenter@milbank.com.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Commercial Real Estate Finance in Flux – "Buy Land, They Ain’t Makin’ Any More"
May 22 2020
Commercial Real Estate Finance in Flux – "Buy Land, They Ain’t Makin’ Any More"
In this episode, Milbank partners Allan Marks and Erwin Dweck survey economic trends and financing opportunities for distressed real estate in different asset classes. Then, they take a deeper dive into current pricing, valuations and structuring implications for commercial real estate finance. Find out what it all may mean over the next 12 months for the CMBS market, which saw almost $100 billion in new issuances last year alone.About the Speakers:Erwin Dweck has experience in all areas of the real estate industry with an emphasis on representing investors in complex domestic and international commercial real estate acquisitions, developments, dispositions, joint ventures, financing, intercreditor issues and mezzanine loan foreclosures. His practice has focused on representing investors in secondary market transactions, restructurings and workouts of complex equity and debt structures. Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More details at Milbank.com.The content provided by and through Milbank Conversations is subject to revision, interpretation, or even nullification after the date of recording. Milbank LLP shall not be liable for any loss that may arise from any reliance on Milbank Conversations or its component parts. All such content should not be construed as legal advice, and readers and listeners should not act upon the information without consulting counsel. Milbank Conversations should not be copied, distributed, published or reproduced, in whole or in part. If you have any comments or questions, please contact knowledgecenter@milbank.com.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Antitrust, M&A and Big Tech – "Thou Dost Conspire Against Thy Friend"
May 22 2020
Antitrust, M&A and Big Tech – "Thou Dost Conspire Against Thy Friend"
Featuring Milbank partners Allan Marks and Fiona Schaeffer, this episode explores how the legal landscape of antitrust work is shifting and whether the pandemic-induced economic crisis impedes or encourages long term enforcement trends.About the speakers:Fiona Schaeffer represents clients in the defense of “bet-the-company” criminal and civil cases as well as their most complex transactions. She counsels clients in a variety of industries, with a particular depth of experience in healthcare, financial services, energy, media and communications. Ms. Schaeffer is the Committee Officer of the American Bar Association’s Section of Antitrust Law, former Chair of the Antitrust & Trade Regulation Committee of the New York City Bar Association and member of the Executive Committee of the New York State Bar Association Antitrust Section.Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More details at Milbank.com.The content provided by and through Milbank Conversations is subject to revision, interpretation, or even nullification after the date of recording. Milbank LLP shall not be liable for any loss that may arise from any reliance on Milbank Conversations or its component parts. All such content should not be construed as legal advice, and readers and listeners should not act upon the information without consulting counsel. Milbank Conversations should not be copied, distributed, published or reproduced, in whole or in part. If you have any comments or questions, please contact knowledgecenter@milbank.com.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Capital Markets, Governments and Where We Go from Here – "Brother, Can You Spare a Dime?"
May 22 2020
Capital Markets, Governments and Where We Go from Here – "Brother, Can You Spare a Dime?"
Featuring Milbank partners Allan Marks and Apostolos Gkoutzinis, this episode explores the pandemic’s impact on global capital markets, the efficacy of government responses, and some longer term implications of these changes.About the speakers:Focusing on US securities laws and international debt and equity offerings, Apostolos Gkoutzinis covers an exceptionally broad practice across international corporate, capital markets and finance transactions. His experience includes advising on IPOs, international rights offerings and other equity offerings, high-yield and investment-grade bond offerings and private placements, large acquisition financings, tender offers and other liability management exercises, M&A transactions, NPL portfolio sales, restructurings, recapitalizations and privatizations. In addition to advising on a spectrum of headline transactions globally, he is one of the most prominent international lawyers in relation to Greece.Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More details at Milbank.com.The content provided by and through Milbank Conversations is subject to revision, interpretation, or even nullification after the date of recording. Milbank LLP shall not be liable for any loss that may arise from any reliance on Milbank Conversations or its component parts. All such content should not be construed as legal advice, and readers and listeners should not act upon the information without consulting counsel. Milbank Conversations should not be copied, distributed, published or reproduced, in whole or in part. If you have any comments or questions, please contact knowledgecenter@milbank.com.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Airlines and Aviation  – "Fly Much? Now, Not So Much"
May 22 2020
Airlines and Aviation – "Fly Much? Now, Not So Much"
Featuring Milbank partners Allan Marks and Drew Fine, one of the world's leading aircraft finance lawyers, this episode explores the future of the global aviation industry. How will airlines both keep passengers safe and make them feel safe? The financial implications for the airlines, airports, lessors, and manufacturers are complex and wide ranging.       About the speakers:Drew Fine has extensive experience in a wide variety of international financial and corporate transactions, including public offerings and private placement of securities (equipment notes, enhanced equipment trust certificates (EETCs), ABS), acquisitions, leveraged leasing, secured and unsecured lending, cross-border financings, structured financings, workouts and credit enhancements. He has particular expertise in financings and corporate transactions involving aircraft, rolling stock and vessels. Mr. Fine has worked on several of the most significant ABS and financings involving aircraft and railcars, including many transactions that have won “Deal of the Year” awards from industry publications. He has also participated in the evolution of the EETC over the years, including working on the first pre-funded EETC. Another area of specialization for Mr. Fine is representing clients in connection with the acquisition or disposition of leasing companies and large portfolios of aircraft and rolling stock.Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More details at Milbank.com.The content provided by and through Milbank Conversations is subject to revision, interpretation, or even nullification after the date of recording. Milbank LLP shall not be liable for any loss that may arise from any reliance on Milbank Conversations or its component parts. All such content should not be construed as legal advice, and readers and listeners should not act upon the information without consulting counsel. Milbank Conversations should not be copied, distributed, published or reproduced, in whole or in part. If you have any comments or questions, please contact knowFor more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Fine Tuning Economies in Latin America  – “Desafinado:  If I Sing Off Key, I Still Have a Heart”
Jun 24 2020
Fine Tuning Economies in Latin America – “Desafinado: If I Sing Off Key, I Still Have a Heart”
How are governments and financial markets in Latin America responding to the global pandemic and recession? Milbank partner Allan Marks discusses cross-border investment, asset valuations, and legal initiatives across Latin America with Milbank Capital Markets partners Fabiana Sakai in São Paulo and Carlos T. Albarracín in New York. As economies struggle in Brazil, Argentina, Mexico, Colombia and throughout the region, the economic effects may be similar but politics vary markedly. Discover how LatAm markets are coping with the challenges of liquidity, widening inequality, falling commodity prices and interest rates, and currency volatility, and what it all means for debt and equity investors, restructuring opportunities, and public and private sources of new capital.About the speakers: Fabiana Sakai, a partner in the São Paulo office of Milbank and a member of the firm’s Capital Markets Group, has over seven years of experience in Brazil. Her focus is on New York law-based consulting to Brazilian and US companies and financial institutions in the areas of capital markets, M&A and financing.Carlos T. Albarracín, a partner in the New York office of Milbank and a member of the firm’s Capital Markets Group, has extensive experience on cross-border capital raising and financing transactions throughout Latin America, with a focus on the energy and infrastructure sectors.Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More details at Milbank.com.The content provided by and through Milbank Conversations is subject to revision, interpretation, or even nullification after the date of recording. Milbank LLP shall not be liable for any loss that may arise from any reliance on Milbank Conversations or its component parts. All such content should not be construed as legal advice, and readers and listeners should not act upon the information without consulting counsel. Milbank Conversations should not be copied, distributed, published or reproduced, in whole or in part. If you have any comments or questioFor more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Cybersecurity In A Digital Age  –  “The Only Truly Secure System Is One That Is Powered Off”
Jul 7 2020
Cybersecurity In A Digital Age – “The Only Truly Secure System Is One That Is Powered Off”
ESG Series #1: There are two perspectives from which to examine cybersecurity. Big picture: Are we safe as a nation? Up close: What should my company or institution be doing now to manage cyber risks? In this special, extended episode, Allan Marks joins Former NSA General Counsel Glenn Gerstell and Milbank partner Dara Panahy to explore in depth the needed tools and current trends in cybersecurity, national security, governance and technology. Can we become more resilient while becoming ever more interconnected? About the Speakers:Glenn S. Gerstell served as the general counsel of the National Security Agency (NSA) and Central Security Service (CSS) from 2015 to 2020. He has written and spoken widely about the intersections of technology and national security and privacy. Prior to joining the NSA, Mr. Gerstell practiced law for almost 40 years at the international law firm of Milbank LLP, where he focused on the global telecommunications industry and served as the managing partner of the firm's Washington, DC, Singapore, and Hong Kong offices. Mr. Gerstell served on the President's National Infrastructure Advisory Council, which reports to the president and the secretary of homeland security on security threats to the nation's infrastructure, as well as on the District of Columbia Homeland Security Commission.  Earlier in his career, he was an adjunct law professor at the Georgetown University Law Center and New York Law School. He is a recipient of the National Intelligence Distinguished Service Medal, the Secretary of Defense Medal for Exceptional Civilian Service and the NSA Distinguished Civilian Service Medal.As leader of Milbank’s Transportation and Space Group in Washington, DC and head of the firm’s Global Risk & National Security practice, Dara Panahy represents satellite operators, aerospace manufacturers, launch services providers, communications companies, banks, private equity firms and hedge funds in debt and equity offerings, project, structured and vendor financings, mergers & acquisitions, financial restructurings and in negotiating commercial contracts.  He also advises on regulatory, sanctions, anti-corruption, national security and export control matters.Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. He has provided strategic guidance to corporate boards and senior executives with respect to risk management and cybersecurity compliance in For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Fraud, Deception & Financial Crime – “Oh, What a Tangled Web We Weave, When First We Practice to Deceive!”
Aug 26 2020
Fraud, Deception & Financial Crime – “Oh, What a Tangled Web We Weave, When First We Practice to Deceive!”
How are companies, financial institutions and governments confronting increasingly sophisticated threats of fraud and other financial crimes? Milbank partner Allan Marks and Litigation & Arbitration partners Mona Vaswani and Adam Fee delve into a range of timely and substantive topics:Financial and accounting fraud, embezzlement, market manipulation, bank and wire fraud, money laundering, sanctions stripping, bribery, corruption, insider trading, intellectual property theft, cyber hacks, social media and e-commerce data breaches Psychology of victims and fraudstersCriminal vs. civil remediesMulti-jurisdictional and international legal issues, asset-tracing investigations, offshore trusts and asset freezesDomestic and foreign law enforcementInsurance for cybersecurity and financial fraud About the speakers:Mona Vaswani is a partner in the London office of Milbank and a member of the firm’s Litigation & Arbitration Group. She advises on complex, cross-border disputes and investigations, with an emphasis on banking litigation, fraud and asset tracing claims as well as trust litigation. She has acted for leading international and investment banks on a range of large, high-stakes and complex banking and regulatory disputes and investigations. She also has substantial experience advising banks and trustees and offshore trustees in the conduct of trust litigation in several jurisdictions.Adam Fee is a partner at Milbank and a member of the firm’s Litigation & Arbitration Group. Adam advises companies, individuals and boards facing government investigations and conducting sensitive internal investigations.  A former federal prosecutor, he has deep experience in a variety of white-collar and regulatory enforcement matters, including corruption, corporate espionage, securities and accounting fraud, and data protection and cybersecurity. During his time with the United States Attorney’s Office for the Southern District of New York, he led many of the government’s highest profile prosecutions in these areas.Host Allan Marks, a partner at Milbank and one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at tFor more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
International Restructuring: Solving an Aircraft Finance Puzzle – “Flying is Easy; Landing is Hard”
Sep 14 2020
International Restructuring: Solving an Aircraft Finance Puzzle – “Flying is Easy; Landing is Hard”
How do you pay for planes and cover billions in debt when people stop flying and airlines are going broke? The global pandemic and economic slowdown have radically altered the financial landscape for airlines, aircraft manufacturers and leasing companies around the world. Our story today is about how Nordic Aviation Capital (NAC) – a leading aircraft lessor worth over $8 billion – navigated the sudden collapse in air traffic in 2020 with help from its creditors and an Irish court. Milbank Global Project, Energy & Infrastructure Finance partner Allan Marks, widely experienced in airport development and finance, sat down with partner and co-head of the firm’s London Transportation and Space Group James Cameron and London Financial Restructuring Group partner Karen McMaster, who represented the secured creditors in the NAC restructuring. They discuss how the creditor negotiations unfolded and the legal and commercial issues that led to an innovative Scheme of Arrangement under Irish Law affecting parties in the UK, the European Union, the US, Asia and elsewhere. The issues in this complicated case have broader implications for cross-border restructurings, aircraft finance, and the interplay between domestic and international law, including companies law, insolvency law, treaties for the enforcement of foreign judgments, and the Cape Town Convention. Buckle up, and mind that contents may have shifted in flight.James Cameron is a top-ranked practitioner with extensive experience acting on a variety of asset leasing and financing transactions involving aircraft, ships, oil rigs, rolling stock and other movable equipment. Read MoreAs a partner in the firm’s Financial Restructuring Group, Karen McMaster assists buy side and distressed investors structure, negotiate and implement investments in distressed, stressed or special situation credits. Read MoreMilbank Conversations host Allan Marks is a Milbank partner and one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors and lenders around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks serves as an AdjFor more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Executive Compensation In Challenging Times – “What’s A Board To Do?”
Sep 21 2020
Executive Compensation In Challenging Times – “What’s A Board To Do?”
ESG Series #2: Executive compensation is a hot-button issue, correlated both to tremendous growth in financial wealth and to rising inequality. In this episode, Milbank Global Project Energy & Infrastructure Finance partner Allan Marks and Executive Compensation and Employee Benefits partner Mike Shah discuss current trends in executive compensation, including:How corporate boards address competing pressures when structuring new pay packagesImpact of market volatility on incentive compensation and performance metricsKeys to designing and implementing executive pay packages aligned with a company’s long-term performance ESG considerations, diversity and inclusion, and other goals that matterAttracting, retaining and incentivizing top executives to deliver both value and growthEmotional aspects of contract negotiationsAbout the speakers:Mike Shah's practice focuses on all facets of executive compensation matters. He regularly advises compensation committees and boards of directors on corporate governance and executive compensation matters. In particular, Mr. Shah has extensive experience advising public and private companies on executive compensation and employee benefits issues across a broad range of corporate transactions, including mergers and acquisitions, corporate restructurings and bankruptcies, friendly and hostile tender offers, divestures, and public offerings. Podcast host Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business. More details at Milbank.com.The content provided by and through Milbank Conversations is subject to revision, interpretation, or even nullification after the date of recording. Milbank LLP shall not be liable for any loss that may arise from any reliance on Milbank Conversations or its component parts. All such content should not be construed as legal advice, and readers and listeners should not act upon the information without For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
The Virtual Federal Trial of Putnam v. FGIC – “What’s in the Box?”
Oct 21 2020
The Virtual Federal Trial of Putnam v. FGIC – “What’s in the Box?”
Top-flight lawyers conducted a three-week trial entirely online, in the midst of a pandemic and recession, to resolve issues that dated back over a decade to the last recession. Derivatives, CDOs, credit default swaps, and financial guaranties: the facts in Putnam vs. FGIC were incredibly complex. In this episode, Milbank Global Project Energy & Infrastructure Finance partner Allan Marks sorted it out with Putnam’s lead lawyers – Thomas Arena, Sean Murphy and Robert Hora  of Milbank’s Litigation & Arbitration group – to learn how they managed one of the country’s first virtual trials in complex commercial litigation in federal court, what it means for future virtual trials, and how they won the case on all counts. About the speakers: Thomas Arena represents financial institutions and corporations in federal and state courts in class actions, securities and bankruptcy litigation cases, and has conducted jury and non-jury trials in courts throughout the country. He also has substantial experience representing companies and individuals before the Department of Justice and other regulators, including the Securities and Exchange Commission and the New York Attorney General’s Office.Sean Murphy’s practice focuses on complex securities matters. He has defended dozens of companies and financial institutions in multi-jurisdictional class action and derivative litigation under state and federal securities laws, including claims under the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Company Act of 1940. He has extensive experience representing investment advisers and mutual fund boards in litigation and regulatory investigations involving management fees, revenue sharing, conflicts of interest, prospectus disclosure, distribution and trading, ERISA prohibited transactions, portfolio mismanagement, Rule 12b-1, board oversight and fiduciary duty litigation. He represents clients in regulatory and enforcement proceedings before the SEC, CFTC, FINRA and state regulators.Robert Hora focuses on litigation of complex commercial matters involving mutual funds, securities, commodities, and corporate governance. In recent years, Robert has successfully tried and defended some of the most significant cases in the mutual fund industry, involving close to $1 billion in alleged damages and resulting in precedent-setting decisions. Podcast host For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Renewable Energy Past and Future: The Lawyer’s Role – “Be the Change You Wish to See”
Dec 7 2020
Renewable Energy Past and Future: The Lawyer’s Role – “Be the Change You Wish to See”
ESG Series #3:  Renewable energy technology and transactions have evolved globally since the early days of wind power in California. In this episode, Milbank Global Project Energy & Infrastructure Finance partners Karen Wong (who retires this year) and Allan Marks (host) look at how the practice of law is evolving, as technology allows for increased responsiveness and productivity, and also share personal insights on building professional teams, deepening relationships, and the importance of giving back.About the SpeakersAs a partner in the firm’s Global Project, Energy and Infrastructure Finance Group, Ms. Wong focuses on the representation of sponsors and financing parties in connection with the development, acquisition, financing and/or restructuring of energy and other infrastructure facilities in Asia and North America. In her over 30 years of practice, she has led numerous development, financing and acquisition transactions involving solar, wind, hydroelectric, geothermal, biomass, waste energy and other renewable energy facilities, as well as large-scale coal, gas and LNG-fired cogeneration plants, coal gasification, transmission lines, and oil and gas pipelines.Podcast host Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More details at Milbank.com. DisclaimerFor more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Musicians as Lawyers – “Practice Makes Perfect (Pitch)” | Special Holiday Episode
Dec 18 2020
Musicians as Lawyers – “Practice Makes Perfect (Pitch)” | Special Holiday Episode
Like a fine musician performing a complex work before a discerning audience, practicing law at an elite level can be as much art as science. Today, we take a breather from complex business issues in this bonus episode featuring Milbank Global Project, Energy & Infrastructure Finance partner Allan Marks and Litigation & Arbitration partner Alex Romain, who compare notes on how their years of classical piano training and passion for playing music inform their approaches to practicing law. They explore how coaching, creativity and collaboration translate into discipline, depth and distinction and how crafting a musical performance is similar to structuring and presenting a cogent legal argument that leads to persuasive communication, authentic personal relationships and positive action. We hope you enjoy our final episode of the year. See you in 2021!Alex Romain is a partner in the Los Angeles office of Milbank LLP and a member of the firm’s Litigation and Arbitration Group. Mr. Romain is a leading national trial lawyer with more than 20 years of experience representing individuals and corporations in high-stakes complex commercial litigation, white collar defense, and internal investigations. Mr. Romain’s relentless advocacy has led to exemplary results for his clients. He was a member of the trial team that exonerated the late Sen. Ted Stevens, playing a key role in pursuing the exculpatory evidence that ultimately led to the senator’s exoneration. The American Lawyer described his team’s work on the case as “one of the best criminal defense performances in memory, resulting in a heightened scrutiny of prosecutors that will affect the Justice Department for years to come.” Mr. Romain successfully represented the Baltimore Ravens and several of its senior personnel in connection with the independent investigation conducted by former FBI Director Robert Mueller into the National Football League’s handling of the Ray Rice domestic violence incident. Read MorePodcast host Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks alsoFor more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
SEC Enforcement Powers Expanded With New Disgorgement Law – “Unjust Enrichment Just Adjusted”
Jan 14 2021
SEC Enforcement Powers Expanded With New Disgorgement Law – “Unjust Enrichment Just Adjusted”
Last year, disgorgement accounted for $3.6 billion in monetary remedies for the US Securities and Exchange Commission, or three-quarters of all monetary remedies in SEC enforcement actions.  Two recent Supreme Court decisions – in 2017 and 2020 – sharply curtailed the SEC’s authority to pursue disgorgement.  To affirm the SEC’s powers, a new law on January 1, 2021 amended the Securities Exchange Act of 1934 to grant the SEC express statutory authority to pursue disgorgement of ill-gotten gains to prevent unjust enrichment.  The law also extended the applicable statute of limitations.  In this episode, Milbank Global Project Energy & Infrastructure Finance partner Allan Marks and Milbank’s Global Head of Litigation & Arbitration, George Canellos, discuss the new law and its impact in detail. George brings extra insight, having served in a variety of senior positions at the SEC most recently as Co-Director of the SEC Division of Enforcement. Subscribe to other episodes of the “Law, Policy & Markets” podcast here.About the speakers:George S. Canellos is a partner in the New York office of Milbank and Global Head of our Litigation & Arbitration Group. He represents financial institutions, public companies, asset management firms, and individuals in government investigations and contested litigation in federal and state courts, and advises clients on corporate governance and compliance with the securities and banking laws. He has more than two decades of experience prosecuting and defending white collar criminal cases and civil actions arising under the securities laws, having served twice in federal law enforcement — most recently in top positions such as Co-Director of the Division of Enforcement at the US Securities and Exchange Commission, and earlier as a federal criminal prosecutor in the US Attorney’s Office for the Southern District of New York.Podcast host Allan Marks is one of the world's leading project finance lawyers, with special expertise in the power and renewable energy, transportation and airports, oil and gas, water, and telecommunications sectors. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.More detailFor more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Corporate Governance & Proxy Advisors – “Who Watches the Watchers?”
Jan 28 2021
Corporate Governance & Proxy Advisors – “Who Watches the Watchers?”
ESG Series #4: Two proxy advisory firms wield vast power over America’s public companies, with little accountability or transparency.  Institutional investors who control an estimated 80% of the market capital of U.S.-publicly listed companies often rely on these advisors in setting stewardship policies and in voting for or against company directors or on corporate governance matters, including ESG policies, executive compensation and investment rules. In this episode, Milbank Global Project Energy & Infrastructure Finance partner Allan Marks and Global Corporate partner Neil Whoriskey discuss how proxy advisors rose to such influence, and how the interests of fund managers, the SEC and other stakeholders are bumping up against directors’ fiduciary duties and conflicting state corporate law doctrines.  Neil Q. Whoriskey is a partner in the New York office of Milbank LLP and a member of the firm’s Global Corporate Group. His practice focuses primarily on mergers, acquisitions, and corporate governance matters. Recognized in Banking and Mergers and Acquisitions by IFLR 1000, he is the author of numerous articles on mergers and acquisitions and corporate governance topics.Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business. More details at Milbank.com. For more information and insights, visit Milbank.com and follow us on social media and podcast platforms, including Apple, Audible, Google and Spotify.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Milbank@Harvard – "A Decade of Connections, Community and Creativity"
Feb 24 2021
Milbank@Harvard – "A Decade of Connections, Community and Creativity"
Starting in their fourth year of practice, Milbank associates spend a week together on campus at Harvard Law School Executive Education each year for three years in an interactive, intensive and comprehensive professional development program. In the classroom, the curriculum, developed in partnership with Harvard Law School Executive Education, covers finance and accounting, leadership and team management, strategy, marketing, negotiations and macroeconomics, and provides an MBA-like experience with a healthy dose of career guidance. The rationale: firms should provide the best training and career development possible for the benefit of their lawyers, their clients and the firm. Marking the tenth anniversary of the innovative program, 108 associates have graduated and 1217 attorneys have participated throughout all of the programs. Building on the success of the program and with overwhelmingly positive client feedback, Milbank created a Milbank@Harvard  Corporate Counsel program inviting general counsel of our clients to take similar classes with the same professors. In this episode, GPEIF partner Allan Marks and partner and Executive Director David Wolfson discuss Milbank’s training program developed and delivered at Harvard Law School Executive Education, which features professors from Harvard Law School, Harvard Business School, and Harvard Kennedy School, and why this innovative program creates remarkable outcomes for clients, attorneys and the firm’s culture. About the speakersDavid Wolfson is the firm's Executive Director aFor more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer
Brazil’s Hot IPO Market: “Que legal!”
Mar 10 2021
Brazil’s Hot IPO Market: “Que legal!”
Brazil’s capital markets are surging, with new IPOs and follow-on equity offerings in 2021 extending the hot market from last year, the best in over a decade.  Brazil is a bellwether for emerging markets globally.  What is causing this flurry of activity, and how long will it last?  In this episode, São Paulo Global Capital Markets partners Fabiana Y. Sakai and Tobias Stirnberg speak with Milbank Global Project Energy & Infrastructure Finance partner Allan Marks about the state of the Brazilian market and what it means for domestic and international investors,  for companies seeking to diversify capital sources, and for sustainability and ESG goals.Fabiana Y. Sakai is a partner in the São Paulo office of Milbank. Her practice focuses on capital markets, finance and corporate matters, and her clients include Brazilian corporations and US and Brazilian banks and underwriting firms. She has extensive experience across a broad range of industries, including infrastructure, financial services, real estate, manufacturing and retail.Tobias Stirnberg is a founding partner of Milbank’s São Paulo office. He represents Brazilian and international companies, sponsors and lenders in their cross-border work, and he has extensive experience in finance, M&A and restructuring matters across a broad range of industries, including energy, infrastructure, transportation, financial services, metals and mining and industrials.Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.For more information and insights, visit Milbank.com and follow us on social media and podcast platforms, including Apple, Audible, For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, Google and Audible.Disclaimer