In this episode, Kate Letcher speaks with Mian Wang about her strategies and approach to become a more effective woman lawyer, and highlights ways for women to succeed in the profession.Kate Letcher is an associate in Tressler LLP's Chicago office in the firm's litigation practice. She is a vice chair of the ABA Business Law Section's Women’s Commercial and Business Advocates Committee.  Mian R. Wang is a shareholder in Greenberg Traurig’s Boston office where she focuses her practice on high-stakes business litigation. She represents public and private companies, financial institutions, directors, officers and individuals before state and federal courts in commercial and bankruptcy litigation. Her practice covers multiple disciplines and industries, including education, health care, event management, start-up firms, financial institutions, and commercial finance and asset management firms.

Business Law Section Leadership: Episode 2: How I Became A More Effective Woman Lawyer

In this episode, international lawyer Tom Morante provides keen insights into the opportunities and rewards of becoming an international lawyer, as well as describing the complexities of this practice area.  Tom advises clients on U.S. and foreign insurance and financial services regulatory, compliance, and cross-border transactional matters. He handles matters involving life and annuities, health, insurtech, data privacy and cyber risk, and D&O insurance. He is fluent in Spanish, and has studied in Colombia, Mexico, and Spain. He leads Carlton Fields’ International Insurance Regulatory Team and serves on the Advisory Board of Inter-American Dialogue’s Financial Services Advisor publication. In addition, he chairs the Business Law Section’s International Coordinating Committee and its Business Law Now Board, and serves on the Section's Marketing Board.

The host of this episode is Shazia Ahmad .  Shazia is the Vice President of Regulatory Reporting at Wells Fargo. She has a broad range of experience in areas of legal, regulatory compliance and finance for financial instituitions and media companies including Wells Fargo & Co., Credit Suisse, JP Morgan & Chase and Viacom. She joined the Business Law Section of American Bar Association (ABA) as the national law student liaison and now is the Chair of the Young Lawyer Committee and Vice Chair of the State and Local Banking Subcommittee.

Business Law Section Leadership: Episode 4: A View of an International Lawyer --  Tom Morante

Host Justice Richard A. Licht of the Rhode Island Superior Court leads a panel of experienced business divorce practitioners in presenting a short hypothetical skit and then analyzing frequently raised business divorce issues.  In this episode, the panel tackles preliminary issues to consider when a client is presented by a likely business divorce, including issues of entity type, fiduciary duties, extrajudicial and judicial remedies and factors that may limit the ability of a party to bring suit.  Panel members include Melissa N. Donimirski of Heyman, Enerio, Gattuso & Hirzel, LLP in Wilmington, DE, Oderah Nwaeze of Faegre Drinker Biddle & Reath LLP in Wilmington, DE, John C. Sciaccotta of Aronberg Goldgehn Davis & Garmisa in Chicago, IL and Byeongsook Seo of Snell & Wilmer LLP in Denver, CO.

Business Divorce: Episode 1: It’s Definitely You… Not Me

In Episode 1, host Jordan L. Fischer, Esq. interviews Violet Sullivan, VP of Client Engagement for Redpoints Cybersecurity. Jordan and Violet dive into her path to a career in both law and technology, and her recommendations on how to build your technology knowledge. Violet discusses the value of creating a knowledgeable team that can help your business to understand the threats and vulnerabilities to your operations, and to create opportunities to mitigate risk in an increasingly digital world. Jordan and Violet also discuss how cyber and privacy evolved over the last five years, and key lessons for businesses across all industries. 

For more information on Ms. Sullivan, visit https://www.linkedin.com/in/txcyberlawyer/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Cybersecurity and Data Privacy – The New Frontier: Season 3, Episode 1: Violet Sullivan

In this episode, Kaamil Ansar, partner and founder of The Ansar Law Firm, discusses the challenges, opportunities, and strategies for financing renewable energy projects.  Kaamil is a specialist in energy and renewable energy, infrastructure and international project finance, cross-border mergers and acquisitions including private equity, privatizations and restructurings, corporate finance and complex financings.

Financing Renewable Energy Projects: Episode 1: Financing Renewable Energy Projects in The EU

TelexFree purported to sell an internet phone servicing allowing free calls to Brazil and Latin America, it was one of the largest pyramid schemes in history, conning 1.8 million victims worldwide. When the whole pyramid came crashing down it resulted in criminal prosecutions, class action lawsuits, and a bankruptcy case. The bankruptcy court, as is often the case where there is a massive number of victims, was deemed the most efficient way to wind down the scheme while providing equal treatment to similarly situated claimants.  In addition to the need to adjudicate a massive number of claims, the trustee has sought to recover from the “net winners” in the scheme to pay the claims of the “net losers.”  In this episode, Judge Elizabeth Gunn, Steve Darr – the chapter 11 trustee in TelexFree, and former U.S. Attorney Andrew Lelling will discuss the unique challenges and considerations in using the Bankruptcy system to unravel a multi-million-dollar Ponzi scheme.

Bad Boys of Bankruptcy: Episode 2: Explore the Unraveling of a Massive Ponzi Scheme from S. America

In this episode, Judge Elizabeth Gunn speaks with Kristen E. Burgers, partner at Hirschler Law, on how a bankruptcy trustee almost got away with millions . . . and how he got caught.    

Bankruptcy trustees hold a unique position of public and judicial confidence, being charged with the honest marshaling and accounting of debtors’ assets. In this episode, we explore what happens when a trustee violates that confidence by misappropriating funds and weaving a web of lies to cover his tracks. Bruce Matson was a renowned member of the Virginia bankruptcy community, often assigned some of the largest – and most complex – bankruptcy and receivership cases in the region. Yet when he took the helm of LandAmerica Financial Group, a series of seemingly innocuous anomalies led to the discovery of millions of dollars in wrongfully siphoned funds.

Bad Boys of Bankruptcy: Episode 3: From the Courthouse to the Big House: Bruce Matson

Law firms have a duty to protect their clients’ best interests, but that duty does not give cover for defrauding clients’ creditors or running afoul of judicial rules governing how debtors are represented.

Bad Boys of Bankruptcy: Episode 5: Fast Lawyers and Slow Cars: The Saga of UpRight Law

In this episode, host Stephen Pike, Co-Leader of the ESG Advisory Services practice at Gowling WLG in Toronto, talks with Peter Tomczak, Chair of Baker McKenzie's North America Litigation and Government Enforcement Practice Group, about ESG Litigation and Risk Management - two critical issues that are challenging businesses and their boards of directors today.

ESG in the Boardroom: Episode 2: ESG Litigation and Risk Management

Since the Great Recession, foreclosure rescue and mortgage modification scams have been a growing problem, costing individuals thousands of dollars and even their homes. In one particular case, Owner Management Service, foreclosure rescue scammers convinced defaulting, desperate homeowners to transfer title to their homes to avoid an impending foreclosure. In this episode, Judge Elizabeth Gunn will be joined by bankruptcy attorney Sharon Weiss to discuss the substantive consolidation judgment that was achieved in the Owner Management case, dangers of foreclosure scams, and the challenges in trying to unwind these types of businesses and identify estate assets.

Bad Boys of Bankruptcy: Episode 7: The Case of Owner Management Service

Host Gary J. Ross talks with Ben Kwon, Partner at Nixon Peabody and longtime co-chair of the ABA BLS Fund Formation subcommittee. Gary and Ben cover the basics of forming a venture capital fund, including the various entities that constitute a fund and the legal documents that govern fund terms and operations.  Ben discusses key tax considerations and the “distribution waterfall” that allocates profit among the fund’s participants.  Gary and Ben also touch on issues with a fund trying to change fund terms after launch.  The episode concludes with some advice for emerging fund managers.

VC Law: Episode 17: Basics of Fund Formation with Benedict Kwon

The Rooker-Feldman doctrine is a regularly used legal precept often asserted as a defense in bankruptcy courts to characterize actions as appeals or reconsideration of state court judgments. This is exactly what happened after a Massachusetts based con-man manipulated 'Tess', a wealthy woman at a crossroads out of approximately $6M and then convinced her to dismiss, with prejudice, a pending state court action against him. After overcoming this legal struggle, the litigation team was able to track down and collect many of the assets acquired by the con-man with Tess’s money for the benefit of her creditors. Judge Gunn is joined by Stephen Huggard, Scott Magee, and Chris Condon to discuss Rooker-Feldman, its limitations, and how a chapter 11 bankruptcy allowed her to claw back $2+ million, and granted 'Tess' a fresh start.

Bad Boys of Bankruptcy: Episode 8: The Unfortunate Heiress: Unwinding a Swindle

Host Gary J. Ross talks with Robert Gunderson, the founding partner of Gunderson Dettmer and a top-tier venture capital lawyer for over 40 years. Gary and Bob discuss Bob’s experience at the start of venture capital law and its evolution over time, including the impact of new regulatory requirements and the NVCA model forms, as well as changes in the IPO market and the importance and growth of the private markets. Gary and Bob also touch on the basic structure of venture capital funds and the value of private versus public boards in connection with fiduciary duties.

VC Law: Episode 21:The History of Venture Capital Law with Robert Gunderson

Host Gary J. Ross talks with Gregory S. Fryer, partner at the law firm of Verrill Dana. Gary and Greg explore the implications of the Corporate Transparency Act (CTA), scheduled to go into effect on January 1, 2024. The CTA will require tens of millions of companies to register with FinCen, an arm of the U.S. Treasury, with the intent to enable FinCen to develop an enormous database of individuals. Gary and Greg discuss the broad privacy and logistical concerns created by the CTA, and also touch on which companies will be required to file with FinCen, what information must be disclosed, the filing process, and the current availability of the forms.

VC Law: Episode 22: Corporate Transparency Act

Host Gary J. Ross talks with David Willbrand, Chief Legal Officer of Pacaso and author of Seed Deals.  David discusses the ins and outs of startups and how they differ from small businesses, noting that startups “focus on innovation and disruption, doing something new,” typically leveraging technology and intellectual property with a focus on growth over profit. Gary and David discuss topics relevant to seed-stage companies, including convertible debt instruments, the movement towards using a simple agreement for future equity (SAFE), the post-money SAFE, and how founders and investors evaluate the risk of their early-stage investment.

VC Law: Episode 24: Seed-Stage Companies with David Willbrand

Host Gary J. Ross speaks with Darby Wong, Co-founder and CEO of Clerky, about legal document automation.  A computer science major who worked in Silicon Valley before becoming an associate in BigLaw, Darby co-founded Clerky in 2011. Darby talks about Clerky’s original premise of facilitating convertible note financings, and how Clerky has expanded through the years to also handle formation, compensation, NDA, and other documentation. Gary and Darby discuss the need for legal counsel even when legal documentation is automated, and the unauthorized practice of law issues raised by the actions of some of Clerky’s peers.

VC Law: Episode 25: Legal Document Automation with Darby Wong, Co-founder and CEO of Clerky

In Episode 4, host Jordan L. Fischer, Esq. interviews Dr. Valerie Lyons, Chief Operations Officer of BH Consulting and co-author of The Privacy Leader Compass, A Comprehensive Business-Oriented Roadmap for Building and Leading Practical Privacy Programs (https://www.taylorfrancis.com/books/mono/10.1201/9781003383017/privacy-leader-compass-todd-fitzgerald-valerie-lyons). During their discussion, Valerie dives into the intersection of Environment, Social, and Governance (ESG), and Corporate Social Responsibility (CSR) in the evolving privacy landscape. Focusing on Governance and CSR, Valerie and Jordan talk through privacy beyond the letter of the law, and the increasing regulatory trends towards privacy as a social responsibility. They discuss the challenges that businesses face in implementing privacy, and the role that leadership plays in creating effective privacy programs. 
For more information on Valerie Lyons, visit https://www.linkedin.com/in/valerielyons-privsec/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Cyber Security and Data Privacy: S4E4: Governing Privacy

Host Gary J. Ross talks with Curtis Mo, partner at DLA Piper and a leading Silicon Valley corporate and securities lawyer. Gary and Curtis discuss venture-backed startups and the issues that arise in IPOs vis-à-vis acquisitions. Curtis provides insights as to how companies interact with investment banks in the time leading up to an IPO, and why underwriters tend to price companies more favorably when those companies are venture-backed. Gary and Curtis also share thoughts on valuations and the “IPO ratchet”, due diligence, SPACs, reporting requirements, and the JOBS Act.

VC Law: Episode 26: Venture-Backed Companies IPOing with Curtis Mo

In this episode of Path to the Bench, Chancellor Anne Martin, of Tennessee, speaks about her path to the Bench, finding fulfillment in the law, and the role of a judge. Chancellor Martin also discusses the importance of mentorship and paying it forward in one’s career.

Path to the Bench: Episode 4: A Discussion with Chancellor Anne Martin

Subchapter V has broad applicability and has been used by a wide variety of businesses and individuals since being enacted. There are, however, key limitations to who can seek to reorganize in Subchapter V and the benefits Subchapter V is capable of providing. In this episode, podcast host Mac VerStandig is joined by David Mawhinney to discuss some of those limitations.

Subchapter V: Episode 1: Subchapter V’s Limitations

Host Gary J. Ross discusses Business Development Companies (BDCs) with John Mahon, Partner at Proskauer Rose LLP. John began his career working at the SEC, and since then has devoted his practice to BDCs and registered funds. John explains how BDCs are a hybrid between a standard investment fund and a traditional finance company. Among the topics covered are congressional requirements for BDCs since their creation in 1980; the growth from four BDCs in the 1980s to a burst of them over the past twenty years; fee structures for BDCs; and their prominence in the venture lending space. Thanks for an informative talk, John!

VC Law: Episode 27: Business Development Companies with John Mahon, Partner at Proskauer Rose LLP

Host Gary J. Ross discusses cannabis law with Hilary Bricken, Partner at Husch Blackwell.  Hilary’s experience in cannabis law dates back to 2010 in Seattle when she was advising clients looking to take advantage of the dismantling of state laws against commercial cannabis activity. Hilary talks about cannabis regulation and enforcement at the state level and implications for both entrepreneurs launching cannabis-related businesses and investors in those businesses. Among other topics, Gary and Hilary also discuss banking issues and Canadian cannabis stocks trading on the OTC markets in the U.S. Thanks for a highly enlightening talk, Hilary!

VC Law: Episode 28: Cannabis Law with Hillary Hilary Bricken, Partner at Husch Blackwell

Hannah Hutman and Mac VerStandig discuss how the growing merchant cash advance industry impacts small business bankruptcy cases. Some debtors and trustees treat merchant cash advances as ordinary secured – or unsecured – debts; some debtors and trustees look at the transactions as fraudulent conveyances. This episode covers key points in determining whether a claim is really secured and strategies for taking on these increasingly frequent obligations.

Subchapter V: Episode 2: Merchant Cash Advances in Bankruptcy

In this episode of The Subchapter V Podcast, David Mawhinney is joined by Hon. Frank J. Bailey, U.S. Bankruptcy Judge for the District of Massachusetts (Ret.) and Andrew Lizotte, shareholder at Murphy & King P.C. to discuss small business reorganization under Subchapter V of chapter 11 of the U.S. Bankruptcy Code and, specifically, the debtor's requirement to commit projected disposable income to paying creditor claims.  The show begins by breaking down a debtor's revenue projections and what expense deductions are reasonable in arriving at projected disposable income.  The team then turns to the plan term and arguments for extending it beyond the three-year minimum.

Subchapter V: Episode 4: Our Projections About Disposable Income

Host Gary J. Ross and Ben Kwon, Partner at Nixon Peabody, longtime co-chair of the ABA BLS Fund Formation subcommittee and guest on Episode 17, get together once again to talk about fund formation. Ben starts by talking about the Fifth Circuit’s vacating of SEC’s Private Fund Adviser Rules, and why fund managers should still consider the rules. Gary and Ben go on to discuss equalization fees paid by later investors, how to handle LPs who fail to meet capital calls, when to set up an offshore feeder, fees collected by managers (beyond management fees and carry), and several other topics, including the upcoming ABA BLS meeting in San Diego.

VC Law: Episode 31: Part 2 of Fund Formation with Benedict Kwon

Host Gary J. Ross discusses the cryptocurrency space with Lewis R. Cohen, Partner and Co-Chair of Cahill Gordon’s CahillNXT practice group. Lewis starts off the episode by defining certain terms commonly used in the cryptocurrency space, including crypto asset, native assets, and distributed ledger technology (DLT). Gary and Lewis go on to have a wide-ranging discussion that touches on NFTs, SAFTs and token warrants, decentralized autonomous organizations (“DAOs”), the SEC’s Custody Rule and UCC Article 12, and the potential for future comprehensive cryptocurrency legislation.

VC Law: Episode 32: Cryptocurrency update with Lewis Cohen, Partner and Co-Chair of CahillNXT

Host Gary J. Ross discusses the Qualified Small Business Stock (QSBS) exclusion with Roger Royse, partner in the Palo Alto office of Haynes and Boone, LLP. Gary and Roger go over the history of QSBS, and Roger talks about how important QSBS is today to investors in emerging companies. The various QSBS requirements are described, including the necessity for being a C corporation, the holding period and how it is counted, and the growth assets test. Roger closes out the episode by noting common pitfalls of QSBS such as delays in incorporation or exercising options, S-elections, company distributions, and secondary sales. 

VC Law: Episode 33: Qualified Small Business Stock (QSBS) Exclusion with Roger Royse, partner at Haynes and Boone, LLP

Host Gary J. Ross discusses BDS (Boycott, Divestment, and Sanctions) and its relation to private equity and venture capital with Anat Alon-Beck, associate professor at Case Western Reserve University School of Law. Gary and Prof. Alon-Beck discuss the BDS movement and its goal of applying economic and political pressure on Israel and any company doing business with Israel. Prof. Alon-Beck highlights the reputational and financial risks to companies in all fields, including technology, defense, and academia, the latter evidenced in protests demanding universities withdraw funds from companies with business ties to Israel.  

VC Law: Episode 34: BDS (Boycott, Divestment, and Sanctions) with Anat Alon-Beck

In Episode 1, host Jordan L. Fischer, Esq. interviews Damien Riehl, a technology lawyer who is currently leading the design, development, and expansion of products at vLex (formerly, Fastcase), integrating AI-backed technologies to improve legal workflows and to power legal data analytics. Damien provided a deep dive into the ways in which lawyers are leveraging AI, and how AI is already, and likely will continue to, disrupt the practice of law. In his discussion of AI and the law, Damien provided key insights into ethical considerations (competency, confidentiality, and billable fees) as well the opportunities that AI presents to narrow the access to justice gap and creative more effective lawyering across all sectors of law. 

For more information on Damien Riehl, visit: https://www.linkedin.com/in/damienriehl/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Cyber Security and Data Privacy: S5E1: Artificial Intelligence and the Practice of Law

Host JW Verret interviews former SDNY prosecutor Sam Enzer about a $117 million crypto hack that happened in plain sight and led to fraud and market manipulation convictions for the perpetrator who bragged about his scheme on social media. 

JW Verret is a corporate and securities law professor at GMU Scalia Law School and regularly serves as a forensic accounting expert witness in white collar matters.

Sam Enzer is a partner at Cahill Gordon & Reindel LLP and the founder and co-chair of CahillNXT, the Cahill firm’s market-leading digital assets and emerging technology practice, where he has successfully guided numerous prominent crypto sector companies, entrepreneurs, founders and developers through “bet the company” civil litigations and high-stakes regulatory enforcement proceedings, criminal matters, internal corporate investigations, and corporate crises.  


From Boardroom to Courtroom: Episode 1: The Case Of The $117 Million Crypto Hack

Darren Berg started as a mortgage broker but then found himself orchestrating a $150 million Ponzi scheme. He diverted funds into a lavish lifestyle—owning multiple mansions, yachts, and a luxury bus company. When the fraud unraveled, bankruptcy proceedings led to significant legal battles, shaping Oregon’s fraudulent transfer law in the process. But Berg’s downfall didn’t end in prison—he pulled off a daring escape, fleeing custody and vanishing into Brazil. Judge Gunn, Mark Calvert, and Michael Gearan discuss Berg’s rise and fall, the legal aftermath, and the lingering question: will he ever be caught?

Bad Boys of Bankruptcy: Season 2, Episode 1: From Mortgage Mogul to Fugitive: The Rise and Fall of Darren Berg

Host Gary J. Ross talks about the Lone Star state with Brett Cenkus, principal of Austin-based Cenkus Law. While Delaware has been the center of corporate business law for the last century, a recent push to incorporate in other states has made news, especially with Elon Musk changing his companies’ incorporation to Texas last year. Brett, who is admitted to practice in both Texas and Delaware, discusses Texas’s emerging business-friendly environment and Delaware’s well-established corporate law framework to compare the two state’s statutes and courts. Gary and Brett also cover the process of converting a Delaware corporation into a Texas corporation.

VC Law: Episode 35: What To Know About Incorporating in Texas with Brett Cenkus

In Episode 2, host Jordan L. Fischer, Esq. interviews Judy Selby, the founder of Selby Strategies and working as a certified performance coach. Judy is the author of "The Untold Secrets to Thrive as a Lawyer: Six Steps to Ignite Your Legal Career Even if You Didn’t Go to Harvard or Yale," which provides insights into every stage of a legal career. In this episode, Jordan and Judy discuss the strategies that all lawyers can use across their career to find rewarding and long-lasting opportunities in the profession. Judy provides real life examples from her legal career, giving practical advice on key topics all lawyers should be thinking through as they advance in their careers. 

For more information on Judy Selby, visit: https://www.linkedin.com/in/judyselby/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Cyber Security and Data Privacy: S5E2: Artificial Intelligence and the Practice of Law

In this episode of “Annual Review: Key business law developments in bite-size pieces”, we talk with Jennifer Baldocchi and Robert Milligan about recent developments in employee mobility, restrictive covenants, and trade secrets. Jennifer Baldocchi is a Partner & Chair of the Employee Mobility and Trade Secrets Practice at Paul Hastings LLP. Jennifer’s practice focuses on employee mobility and intellectual property, including trade secrets, covenants not to compete, unfair competition, and fiduciary duties. Jennifer also acts as the Co-Chair for the Los Angeles Employment Law Department. Robert Milligan is a Partner at Seyfarth Shaw and the Co-Chair of the firm’s Trade Secrets, Computer Fraud, and Non-Competes practice. Robert’s practice includes a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation, and other business torts. Robert also has extensive experience in trials, binding arbitration and administrative hearings, mediations, and appellate proceedings.

Interviewee: Jennifer Baldocchi, Partner & Chair of the Employee Mobility and Trade Secrets Practice, Paul Hastings, and Robert Milligan, Partner & Co-Chair of the Trade Secrets, Computer Fraud, and Non-Competes Practice, Seyfarth Shaw

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