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Carve outs and spinoffs are only becoming more common in the corporate transaction space, forcing companies to reckon with the challenge of shared technology. The main pitfalls lie in how rights to data and other software intellectual property services should be divided between a parent company and newly spun-off subsidiary, leaving open the potential for knowledge and scale gaps. As Partner Stephen Gillespie explains to co-host Jekkie Kim on this episode of In the Public Interest, mitigating risk when facing these shared technology problems is crucial for avoiding complicated and costly divesture negotiations. He shares the importance of approaching these transactions with a cross-functional team that has the knowledge to identify all shared technology and software intellectual property, and why he expects the market for carve outs to continue heating up in the coming years.

In the Public Interest is excited to continue our “AI In the Public Interest” miniseries examining AI’s impact on the legal landscape and its broader implications for the day-to-day operations of organizations across industries. With the wider prevalence of companies utilizing AI to assist in decision making and determine future frameworks, these conversations will not only take stock of the current state of AI, but will also offer practical insights into what the future may hold. The second episode features co-host Felicia Ellsworth in conversation with Partners Jessica Lewis and Josh Geltzer, along with President and CEO of EqualAI Miriam Vogel, on the increasing governance risk AI poses to boardrooms. They discuss why AI regulation and enforcement is quickly being added to board agendas as a pressing emerging challenge. Additionally, they identify specific considerations boards are keeping in mind as they tackle mission-critical AI risks, shifts in oversight structures, the development of incident response escalation plans, and more.

In the Public Interest is excited to present the new miniseries, “AI In the Public Interest.” These episodes will examine AI’s impact on the legal landscape and its broader implications for the day-to-day operations of organizations across industries. With the wider prevalence of companies utilizing AI to assist in decision making and determine future frameworks, these conversations will not only take stock of the current state of AI, but will also offer practical insights into what the future may hold. The first episode kicks off with a conversation between co-host Jekkie Kim and Partner and Chair of WilmerHale’s AI Technology Transactions Practice Ariel Soiffer. Together they discuss AI through the lens of ownership and copyright, examining guidance from the Copyright Office as to who and what can be a content author. Soiffer also identifies what current protections are in place for those attempting to copyright content that has been created with the involvement of AI. He stresses how important it is for creators and companies alike to document their creative outputs and offers a look into the increasingly complex questions surrounding authorship.

Arbitration can be an attractive alternative to litigation for many clients, as storied practitioner and WilmerHale Partner and Chair of the firm’s International Arbitration group Gary Born can attest. He sits down with co-host Felicia Ellsworth in this episode of In the Public Interest to discuss what sets international arbitration apart. Throughout their conversation, Born examines what the current socio-political landscape in the US and abroad indicates about shifting client needs in relation to dispute resolution. He also touches on his recent publications covering both international arbitration and international law in the US courts, with the former providing a valuable resource for newcomers to their field and the latter taking a deep dive into the historical significance international law has had on the US courts.

The Department of Justice (DOJ) and the Federal Trade Commission (FTC)’s respective approaches to handling antitrust enforcement matters can go through notable changes in the transition between presidential administrations, creating uncertainty in how antitrust functions in service of shifting priorities. In this episode of In the Public Interest, co-host Jekkie Kim speaks with WilmerHale Partner Susan Musser, who recently joined the firm’s Antitrust Practice after serving as the Acting Bureau Director and Chief Trial Counsel of the FTC’s Bureau of Competition. Drawing from her experiences under both the Biden and second Trump administrations, Musser discusses the key similarities and differences in their approaches to antitrust enforcement, highlighting how it is used as a tool in both instances but for differing purposes. She also examines the impact this approach to enforcement is currently having and will continue to have on technology and AI companies’ ability to innovate.

We are excited to begin In the Public Interest’s sixth season with the introduction of our new cohost Jekkie Kim. Jekkie is a corporate partner in WilmerHale’s Palo Alto office who focuses on life sciences technology and transactions and works closely with founders and emerging companies to support every stage of their commercial development. In conversation with her co-host Felicia Ellsworth, Jekkie shares insights into the life sciences industry, drawing on her varied career and experience both as a practicing attorney and education as a doctor. She discusses how she leverages her medical background in her current practice, allowing her to effectively serve clients and move quickly to match the fast-moving innovations coming out of Silicon Valley. She and Felicia also share advice for law students and early-career attorneys, speaking to the importance of mentorship and how to explore potential areas of focus.

In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the US Supreme Court. In this episode, host Felicia Ellsworth speaks with WilmerHale Partner Andrew Rhys Davies and Senior Attorney for the ACLU’s National LGBTQ and HIV projects Josh Block about United States v. Skrmetti. The case considers whether a Tennessee state law banning gender-affirming medical care for transgender youth violates the Constitution’s Equal Protection Clause. Davies and Block unpack the legal reasoning behind the Supreme Court’s 6–3 ruling, including the international context highlighted in WilmerHale’s amicus brief. Block also reflects on the decision’s potential impact on future civil rights litigation and its immediate consequences for the transgender community and access to gender-affirming healthcare.

In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the US Supreme Court. In this episode, guest host Tom Saunders speaks with Amanda Masselam Strachan, a WilmerHale partner and member of the firm’s white-collar defense and investigations practice, about two fraud cases that were decided this term. While Kousisis concerns if there needs to be economic harm done during a commercial exchange for a perpetrator to be convicted of wire fraud, Thompson is centered on whether misleading but true statements are criminalized as false statements under the mortgage fraud statute. Masselam Strachan breaks down the specifics of both cases, and in comparing them with one another, explains the impact these decisions have on federal fraud claims.

In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the United States Supreme Court. In this episode, host Felicia Ellsworth is joined by Partner and Chair of WilmerHale’s Appellate and Supreme Court Litigation Practice Seth Waxman and Counsel Zaki Anwar to discuss Glossip v. Oklahoma. The case concerns Richard Glossip, who has been on death row since 1998 on a first-degree murder charge. The team arguing on his behalf in front of Court, which included Waxman and Anwar, successfully argued that Glossip’s sentence should be reversed and the state of Oklahoma should be allowed to retry his case. Waxman and Anwar walk through each step of the case, outlining the complex procedural history that has taken place over the course of nearly thirty years. They emphasize the significance of the case for due process and other capital cases in the future, and what it reflects about the current Court’s ideologies when it comes to serious criminal convictions.

In the Public Interest is excited to present its third annual miniseries examining notable decisions recently issued by the United States Supreme Court. In this episode, host Felicia Ellsworth is joined by WilmerHale Counsel Joey Meyer to discuss Mahmoud v. Taylor, which concerns the constitutional rights of parents who send their children to public school to opt their children out of lessons that may be at odds with their religious beliefs. WilmerHale represented the appellee in the decision. Together, Meyer and Ellsworth cover the background of the case and the implications of the Court’s ruling on issues like parental rights, LGBTQ+ rights, and religious freedoms. Meyer also shares additional context from his experience as one of the WilmerHale lawyers who helped secure a victory for the public schools in the Fourth Circuit before going on to help represent them before the Supreme Court.

The workplace has undergone numerous changes since COVID-19 enforced remote work requirements, including how employee surveillance tools have grown to monitor more and more employee activity. The rise of this expanded technology, with advancements aided by new developments in AI, has led to more questions around its practical uses and how employees perceive it. Partner and Chair of the Labor and Employment Practice Laura Schneider joins this episode of In the Public Interest to discuss the tools and methods currently being used for employee surveillance. She shares her insights into how the workplace surveillance landscape has changed over the last few years, the role AI now plays and federal and state litigation surrounding this topic that could arise in the future.

The mergers and acquisitions (M&A) market is one of many areas facing noteworthy changes due to the second Trump administration’s economic policies and priorities. While the President’s pro-business stance during his campaign signaled the potential for an increase in M&A activity, the reality reflects a more uncertain future. This episode of In the Public Interest features a conversation between co-host Michael Dawson and Partner Keith Trammell exploring expectations for the future of M&A deals under the current administration. Drawing upon his extensive experience advising clients in M&A transactions, Trammell shares his insights into the effect of deregulation on deal activity, the long-term impact tariffs will have on the market and potential shifts in shareholder activism, among other topics.

The new presidential administration brings with it a fresh approach to cryptocurrency regulation and enforcement, with regulatory experts predicting greater collaboration between the SEC and industry leaders and a more tailored enforcement agenda focused on fraud and retail issues. This episode of In the Public Interest features a timely conversation with co-host Michael Dawson and WilmerHale Special Counsel David Tutor about the current state of the cryptocurrency landscape. Before joining the firm, Tutor spent seven years as senior counsel in the Division of Enforcement at the SEC, where he was a member of both the Cyber Unit and Asset Management Unit. Throughout the episode, Tutor comments on the latest developments coming from the SEC and key areas he expects the Commission to focus on under the Trump administration. He also discusses his time in government service and how it impacts the counsel he gives to clients today. Related Resources Crypto Currently: Crypto News CenterSign up for the Crypto Currently Weekly Digest NewsletterThe State of Meme Coin Regulation: SEC Staff’s Statement and Other ConsiderationsSEC Announces New “Cyber and Emerging Technologies Unit” and Signals Return to First Trump Administration Fraud- and Retail-Focused Enforcement Priorities

For law students, a summer associate position can help define the kind of law they practice and the path they forge through the legal profession. From building connections with associates and prominent partners to taking on challenging assignments, the experiences of a summer associate can provide a preview of the work they will take on in the future. In the first-ever live recording of In the Public Interest, co-hosts Felicia Ellsworth and Michael Dawson are joined by Partners Tiffany J. Smith, Nana Wilberforce and Drew Dulberg—who started their careers as summer associates at the firm—and over 100 of the firm’s summer associates from offices across the country. During their conversation, all three partners offer an inside look into the firm’s summer associate program and offer advice for law students and attorneys early in their careers. They also discuss their experiences as summer associates and how these experiences and the lessons they learned have shaped their careers.

President Trump is beginning his second non-consecutive term with a Republican-controlled House and Senate and the backing of major tech and corporate executives, while simultaneously contending with significant political polarization. These opposing factors raise a host of questions about what to expect from this administration’s first 100 days in office. In the season five premiere of In the Public Interest, co-host Felicia Ellsworth speaks with WilmerHale Partner and Co-Chair of the Congressional Investigations Practice and the Crisis Management and Strategic Response Group Alyssa DaCunha, Senior Public Policy Advisor and Co-Chair of the firm’s Public Policy and Legislative Affairs Practice Rob Lehman, and Partner and fellow Co-Chair of the Public Policy and Legislative Affairs Practice Jonathan Yarowsky. Together they share their forecast for the first 100 days of the administration, including what the administration’s top priorities are expected to be, shifts in international relations and foreign policy, the state of congressional oversight and the impact of recent Supreme Court decisions on the functions of federal agencies. Related Resources Visit Our Post-Election Update CenterWilmerHale Launches Administrative Law Transition Task ForceChina Imposes Series of Measures to Counter US Export RestrictionsThe Future Of Agency Deference After Loper BrightIn That Case: Loper Bright Enterprises v. Raimondo