Environmental, Social & Corporate Governance (ESG) Whiplash: Buckle Up For a Bumpy Road Ahead

Anna Aryankalayil Partner

Washington, D.C.

Having returned to private practice, Anna focuses on merger clearance and litigation, government conduct investigations, and antitrust counseling and compliance.

During her time at the FTC from March 2020 to September 2022, Anna advised on merger and anticompetitive conduct investigations and enforcement actions across a wide range of sectors, including tech, pharmaceutical and life sciences, healthcare, defense, oil & gas, retail, and consumer goods. She also advised on litigation and appellate strategy, the FTC’s advocacy through amicus briefs, and other cutting edge competition policy matters, such as, merger policy, digital platforms, intellectual property, and nascent competition in innovative industries.

Prior to joining the FTC, Anna was a senior associate in private practice where she focused on antitrust litigation, government conduct investigations and compliance, and the antitrust aspects of mergers, acquisitions, and joint ventures. In litigation, Anna has experience defending high-profile transactions against government challenge from the FTC and the United States Department of Justice Antitrust Division.

Anna is a leader in the ABA’s Antitrust Section, currently serving as Vice Chair of the Mergers & Acquisitions Committee.

Mike Delikat Partner

New York

He is also the founder of the firm’s Whistleblower Task Force. He previously served as the Managing Director of Orrick’s Litigation Division. The practice group under Mike’s leadership was chosen as one of the top national employment law practices by Law 360.

Chambers USA and Chambers Global has ranked him in Band 1 since it began publishing its rankings, noting he is "a giant of the employment bar, widely regarded as an expert in whistleblowing matters and sex harassment claims,” “sought out by premier clients to handle high-stakes employment litigation and investigations,” and "one of the best lawyers on the East Coast for financial institutions."

Mike has an active trial, arbitration, and appellate practice and handles a number of high-visibility class action and impact cases. He is regularly retained by boards of directors and audit committees to conduct high exposure internal investigations of corporate wrongdoing.

Carolyn Frantz Senior Counsel

Seattle

A former Rhodes Scholar, Carolyn clerked for Supreme Court Justice Sandra Day O’Connor and D.C. Circuit Court of Appeals Judge David S. Tatel, before teaching at the University of Chicago Law School. She was a litigation partner at a major law firm for eight years before joining Microsoft, where she managed the company’s worldwide tax litigation until her appointment as Corporate Secretary. 

As Microsoft’s Corporate Secretary, Carolyn had the opportunity to work closely with the company’s Board of Directors and senior leadership, gaining a first-hand understanding of the opportunities and challenges facing technology companies in a dynamic competitive and regulatory environment. As the head of the Corporate Legal Group, Carolyn was responsible for legal issues regarding securities law and disclosures, treasury and finance, international trade, procurement, real estate, and many other issues. Building on her extensive litigation experience, which includes managing tax disputes domestically and abroad, as well as litigating multidistrict products liability, consumer cases, and commercial contract disputes, Carolyn understands the practical challenges companies face and how those intersect with Board reporting, securities disclosures, and internal accountability. She also brings her understanding of board governance, corporate law, and ESG to select litigation matters.

Carolyn is also frequently called on to serve as a resource to new legal leaders in their roles supporting and interacting with their Boards.

Stacy Kray Partner

San Francisco

She advises traditional and alternative energy companies, chemical, plastics, biopharmaceutical and fuel manufacturers, waste disposal and landfill facilities, aerospace, automobile and other industrial product manufacturers, computer hardware and chip manufacturers, forestry and mining companies, financial institutions, investors and developers on risk management and strategy, site evaluation, legal liability risks, remediation and permitting efforts, public disclosures, due diligence and contractual negotiations.

She also has significant experience representing clients in administrative and judicial proceedings involving environmental law, and guiding emergency and crisis response.

She has been recognized by the Silicon Valley Business Journal as one of its Women of Influence, which spotlights the 100 most influential women in Silicon Valley. She proudly serves on the board of The Arc of the United States, a disability rights nonprofit that oversees over 600 local chapters serving individuals with intellectual and developmental disabilities, and formerly served on the board of the San Francisco Chapter of The Recording Academy, which runs The Grammy Awards.

Jeremy Kudon Partner

New York

No other group in the United States - whether at a law firm, public affairs firm, or inside the Beltway - can match Jeremy and Orrick's record of success in the state legislatures. Unlike others, who specialize in tracking bills, identifying contract lobbyists (and taking a % of their fee), or developing expensive media and PR campaigns, Jeremy and his team don't specialize in any one area of state government affairs; they specialize in EVERYTHING. They learn your business, work with you on your objectives--both overall and in the state legislatures, identify threats/opportunities, develop a budget, hire contract lobbyists, draft legislation, prepare advocacy pieces, attend legislative conferences, travel to state capitols and educate members about your issue, testify before committees, develop and implement grassroots and PR campaigns, coordinate roll calls, and coordinate every aspect of both the state and overall campaign to add the most possible value to your business.

Just listen to what the media and our clients have to say – The New York Times profiled our efforts in passing online sports betting and daily fantasy sports legislation in an extensive above-the-fold report and in an episode of their podcast, “The Daily.” And from an interview with TechCruch, DraftKings CEO Jason Robins said Jeremy and Orrick’s Public Policy team have “helped us go from a tech company that didn’t know a whole lot about legislative affairs and regulation to really being sophisticated there” and praised that “For anyone who’s in a disruptive industry and might be regulated, they really did a fantastic job.”

Rob McKenna Partner

Seattle; Washington, D.C.

A former Washington State Attorney General and President of the National Association of Attorneys General, Rob is accomplished in all areas of public policy, appellate law and investigations. He is a Chambers USA Band 1 Partner in Government Relations: State Attorneys General.

Rob represents a wide range of technology, energy, finance and other companies in matters involving cyber security, data privacy, litigation, appellate litigation, regulatory proceedings, state attorney general investigations and legislative issues. His experience, stature and proficiency add essential capabilities for clients seeking coordinated policy advocacy, regulatory compliance and litigation strategies in state capitols across the country and in Washington, D.C., where he has testified before Congress and assisted clients who have been called to testify before Congressional committees. While at Orrick, Rob has represented clients in both state and federal court, typically in cases centered on constitutional questions.

Rob served two terms as Attorney General of Washington, from 2005 to 2013. He successfully argued three cases before the U.S. Supreme Court and helped negotiate three of the largest consumer protection settlements in national history, all involving mortgage lending and servicing. He is a recognized leader in the development of data protection and privacy regulation. Rob was the first state Attorney General to build a computer forensics lab to collect evidence of Internet fraud and passed one of the nation's first anti-spyware laws.

Rob served as President of the National Association of Attorneys General (NAAG) from 2011–12 where he co-launched the NAAG Intellectual Property Task Force to advance the national fight against counterfeiting and piracy. While serving as NAAG President, he created and led a national initiative to combat human trafficking which continues to this day. The NAAG human trafficking summit he hosted in Seattle in 2012 led AGs to launch state-level initiatives around the country. His fellow attorneys general honored him in 2011 with the Kelley-Wyman Award for “Outstanding Attorney General” in America.