Jones Day Talks: Recent Episodes
Jones Day Talks
Jones Day lawyers share insights on developing legal news, providing listeners with timely analysis and practical discussions regarding their potential impact.
Sometimes overlooked or minimized, intellectual property matters should be carefully considered in the assessment of venture capital and early-stage deals. Artificial intelligence-related issues, geopolitical concerns, including China, a constantly evolving regulatory landscape, and numerous other factors continue to underscore the importance of effective IP due diligence.
In this episode of our Emerging Growth and VC series, Ka-on Li, co-leader of Jones Day’s Intellectual Property Transactions team, joins Tim Curry and Taylor Stevens to discuss important issues to consider when preparing for IP diligence in venture deals.
Complexities like the war in Ukraine and the push to net zero have created both challenges and investment opportunities in the European energy market. A changing dynamic has affected the long-term viability of this historically stable regulatory environment.
Host Brian Sedlak and his panel of Jones Day partners Michelle Davies, Paul Jones and Vica Irani discuss the future of energy transition in the United Kingdom in this fifth installment of the Real Assets Roundup.
Different legal frameworks, enforcement priorities, and investigations procedures across jurisdictions all present regulatory and compliance challenges for multinational corporates.
Jones Day’s Investigations and White Collar Practice leader Ted Chung and partner Veronica Dragalin, former Chief of the Anti-corruption Prosecution Office for the Republic of Moldova and Assistant U.S. Attorney in Los Angeles, talk about global trends in cross-border investigations and enforcement.
The demand for data centers driven by AI and cloud migration have strained the energy infrastructure. As power consumption exceeds availability, the legal and business challenges of securing power, building out infrastructure and allocating risk have become key issues for the industry.
In this episode of the “Real Assets Roundup,” Jones Day partners Brian Sedlak, Paul Jones, Jeff Schlegel and Melissa Vandewater discuss the energy and utility issues facing the data center industry and where future solutions may be found.
The “One Big Beautiful Bill Act” (or OB3) is overhauling policy for tax, real estate, energy and infrastructure investment. It brings changes to energy tax credits, on-shoring incentives, and real asset financing, creating new risks and opportunities for investors and developers.
In this “breaking news” edition of Jones Day’s “Real Assets Roundup” program, Jones Day partners Brian Sedlak, Sean Jackowitz, James Kinnebrew and Colleen Laduzinski talk about what to expect as a result of the OB3.
Digital infrastructure assets provide and support communications and networking, data transfer and storage, and online services. They enable internet access, cloud computing, and emerging technologies including AI. Digital infrastructure assets are so critical, that some observers have labeled them the “fourth utility.”
In the second in a series of Jones Day’s “Real Assets Roundup” programs, Jones Day partners Brian Sedlak, Marta Lahuerta Escolano, Melissa Vandewater, and Elizabeth Dominguez Yaeger talk about what’s driving this important transition.
Institutional investors are redefining investments in “hard assets,” such as real estate, energy, and infrastructure into a combined “real assets” category. This change is driven by numerous factors and presents significant opportunities and challenges, which will be examined by Jones Day partner Brian Sedlak and his colleagues from across the Firm in an extended series of Jones Day Talks programs. In this kickoff episode of “Real Assets Roundup,” Brian, along with partners Vica Irani and Kit Rockhill, discuss the new definition of “real assets” and talk about the issues, themes, and legal considerations to be addressed in subsequent programs.
Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can federal or state legislation address the “deepfake” problem? And what makes adjusting to AI adoption so challenging?
Listen to partners Meredith Wilkes and Emily Tait talk about the current legal landscape and the practical implications companies face when bringing AI to the workplace.
Corporate fraud remains a persistent and potentially damaging threat to companies across industries, sectors, and borders. The risks are substantial and the penalties are daunting. Jones Day partner Jeff Schenk, a former Assistant U.S. Attorney who led the prosecutions of Theranos executive Elizabeth Holmes and Pacific Gas & Electric, gives a first-hand account of those high-profile trials, and explains what corporate counsels need to know about keys issues involving corporate fraud investigations.
The challenges and mechanics of growing a new venture are complex, and when the competing interests of different investor classes are considered, trouble and conflict are possible.
As part of a continuing series of podcasts on early stage and venture capital investing, Jones Day partners Tim Curry, Taylor Stevens, and Alex Wibaux discuss the “five pillars” Series A and later investors should understand to ensure their rights and interests are protected.
Though rare, cases of prosecutorial misconduct do occur in cases at all court levels and across jurisdictions. Partner Neal Stephens, co-author of Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyers, recently published by the American Bar Association, talks about what defense lawyers must know and do to protect their clients at every stage of a criminal case.
Read the full transcript.
Finishing law school is just the beginning. The transition from law student to lawyer comes with its own set of challenges and opportunities. Tiffany Lipscomb-Jackson and Josh Pittman share stories, insights, and practical advice for law students and new lawyers leaving school and embarking on their career paths.
Down round financings recently reached their highest levels in 15 years, leaving investors, growth-stage companies, and other venture capital market participants searching for guidance and clarity. Jones Day partners Tim Curry, Taylor Stevens, and Alexandre Wibaux explain how down rounds work, and talk about what affected parties need to know as we look toward 2025.
Read the full transcript.
“First Gen” law students and lawyers often face challenges different than those encountered by their peers. In this edition of Perspectives and Pathways, Jones Day partner Rasha Shields and associate Eli Jones talk about their backgrounds, discuss making the move from law school to life as a lawyer, and share tips for students and new lawyers coming from similar circumstances.
Read the full transcript.
Jurisdictions are requiring large corporations and other entities to report on the environmental risks they face and how their business operations impact the climate. In the second in a series of JONES DAY TALKS® podcasts regarding significant climate disclosure rules, our panel discusses the SEC’s rules announced in early March, the European Union’s Corporate Sustainability Reporting Directive (CSRD), and the State of California’s Climate Corporate Data Accountability Act and Climate-Related Financial Risk Act.
Read the full transcript here.
On Friday, March 15, the U.S. Court of Appeals for the Fifth Circuit granted an administrative stay of the SEC’s final Climate Disclosure Rules, adopted just over a week earlier. All of the challenges to the Rules filed in various courts will be coordinated for review before one court. As written, the Rules will require publicly traded corporations to make significant, new climate-related disclosures. In the first of a series of JONES DAY TALKS® programs examining the new Rules and related topics, Amy Pandit and Olga Gidalevitz discuss key implementation considerations for affected companies.
Read the full transcript here.
Corporate Venture Capital, or CVC, continues to play a major role in investment and deal activity across numerous growth industries. Jones Day partners Tim Curry and Taylor Stevens discuss who’s investing, the opportunities they’re targeting, and the special factors to consider in a corporate venture investment.
Read the full transcript here.
As business and investment activity in Asia surge, multinational corporations operating in the region face continually evolving and challenging compliance obligations and risks. Jones Day lawyers Lillian He, Hiromitsu Miyakwa, Zac Sharpe, and Simon M. Yu, all with broad experience advising corporate clients in Asia, discuss the current compliance and regulatory landscape, key enforcement agencies, and the attention in the region to ESG, data privacy and cybersecurity, anti-corruption, and sanctions.
Read the full transcript here.
A federal district court held in Thaler v. Perlmutter that an AI-generated image, “A Recent Entrance to Paradise,” cannot be copyrighted due to the lack of sufficient human contribution to its creation. Jones Day partners Emily Tait and Carl Kukkonen talk about the implications of the decision, the questions that remain, third-party complications, and what GenAI users need to know.
Read the full transcript here.
As part of a series of programs covering class action laws in jurisdictions around the world, and to supplement content found in Jones Day’s recent publication, Class Actions Worldview: Part I—United States and the European Union, this edition of Jones Day Talks focuses on Class Actions in Spain – or as they’re known – Collective Actions.
Antonio Canales and Gonzalo Hierro, both based in Madrid, talk about the current Collective Actions landscape. They also discuss the Spanish Preliminary Draft Law, and share their thoughts on settlements, third-party funding, and more.
Antitrust enforcement in labor markets continues to escalate worldwide. Jones Day partners Kevin Hart and Philipp Werner talk about the continuing crackdown on anticompetitive labor practices in the U.S. and across the EU, review recent developments in case law, and explain what employers need to know.
Read the full transcript here.
Across every industry and every region of the world, corporate compliance programs have increasingly become an integral part of a company’s operations and procedures—and the trend shows no signs of slowing. In the first in a series of Jones Day Talks programs addressing topics related to corporate compliance programs, Jones Day lawyers Henry Klehm, Toni Citera, and Paloma Valor discuss the history of corporate compliance programs, the changing role of the compliance officer, challenges for multinational companies, the importance of technology, and how the compliance function can effectively partner with other parts of the organization to help mitigate risk and achieve business objectives.
Each lawyer who is the first in their family to attend law school (and, in many cases, college) forges a unique path to a legal career. In this podcast, the Firm's Abe Hester, Rasha Shields, and Stephen Scott share stories from their journeys as “first-generation” lawyers.
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to enact class actions or class action-like procedures.
In this first installment of an in-depth, multipart series on class actions, Jones Day Partners Ozan Akyurek and Becky Kcehowski talk about what a reader will learn from the publication and discuss recent trends and developments in U.S. and U.K. class actions.
The growing carbon credit and related derivatives markets continue to attract the attention of regulatory agencies and law enforcement. The U.S. Commodity Futures Trading Commission (CFTC) has just announced that it is looking for whistleblowers on potential fraud or manipulation in the carbon credit markets, which is a major enforcement development in the ESG space. Jones Day partners Josh Sterling and Howard Sidman talk about the CFTC’s ramped-up enforcement focus and what it means for participants in the carbon markets.
As its potential uses soar, Artificial Intelligence (AI) continues to attract the attention of multiple regulatory agencies. A recent high-profile U.S. Senate hearing made it clear that the use of AI must be consistent with federal laws pertaining to fair lending, housing, employment, and similar situations.
Jones Day’s Dorothy Giobbe and Alexander Maugeri discuss the legal implications of introducing artificial intelligence to decision-making processes and how users should prepare for increased scrutiny.
As its potential uses soar, Artificial Intelligence (AI) continues to attract the attention of multiple regulatory agencies. A recent high-profile U.S. Senate hearing made it clear that the use of AI must be consistent with federal laws pertaining to fair lending, housing, employment, and similar situations.
Jones Day’s Dorothy Giobbe and Alexander Maugeri discuss the legal implications of introducing artificial intelligence to decision-making processes and how users should prepare for increased scrutiny.
As technology and regulatory frameworks evolve, artificial intelligence (“AI”) legal issues have emerged as a key topic in transactional, litigation, and regulatory compliance contexts. Jones Day partners Laurent De Muyter, Carl Kukkonen, Stefan Schneider, and Emily Tait discuss the European Union’s implementation of a comprehensive framework for governing the flow of data, digital services, and AI, while the United States is still exploring regulation.
As part of Jones Day’s continuing work against global human trafficking, the Firm actively supports the American Hospital Association (AHA)’s Hospitals Against Violence initiative and HEAL Trafficking (Health, Education, Advocacy, Linkage). A recent special convening hosted in Jones Day’s Chicago Office, Forced Labor in Health Care Supply Chains: What Hospital Leaders Need to Know, focused specifically on health care supply chain issues and how they may interact with forced labor. The event provided practical information and resources to health care providers fighting human trafficking.
Jones Day’s Taylor Goodspeed is joined by Laura Castellanos (AHA), Hanni Stoklosa, MD (HEAL Trafficking), and Laura Kowalczyk (Association for Health Care Resource & Materials Management (AHRMM)) in a candid conversation about the information shared at the convening and Jones Day’s continued pro bono efforts in this space.
Read the full transcript on the Jones Day website.
First introduced following the 2008 global financial crisis, the Fundamental Review of the Trading Book (FRTB) was designed to establish worldwide rules pertaining to banks’ regulatory capital requirements as they apply to trading activities. Jonathan Gould and Josh Sterling talk about the changes proposed by FRTB, how those changes address specific problems, and what banks should do now.
Jones Day partner Kim Desmarais discusses the Uniform Law Commission’s and American Law Institute’s proposed amendments to the Uniform Commercial Code (UCC), and their potential impact on commercial transactions involving digital assets and other emerging technologies.
Read the full transcript on the Jones Day website.
Jones Day's new Of Councel Nathan Brownback and Partner Josh Sterling discuss recent developments in the U.S. legal landscape for fintech, including the bipartisan Stabenow-Boozman bill, designed to regulate digital assets. They also talk about key banking and financial services developments, including the FDIC's recent crypto advisory, California's proposed, far-reaching Digital Financial Assets Law, and other issues in the space that will shape the fintech regulatory debate moving forward.
Interviews can be stressful, especially for a new lawyer or law student hoping to start a career with a firm where they believe they can learn and excel. But there are steps to take to make sure the interview goes well. In this edition of Perspectives and Pathways, Partner Miguel Eaton talks with Jones Day associates Estefani Rodriguez and Alexander Gonzalez about preparing for, and succeeding in, callback interviews.
The U.S. Patent and Trademark Office has awarded The Ohio State University a trademark for the word “THE,” for use in connection with apparel sold in "channels customary to the field of sports and collegiate athletics".
Jones Day partner Meredith Wilkes explains, how the University was able to obtain a registration, and the important lessons the action holds for companies and institutions seeking brand protection.
Meredith also talks about Jones Day’s Women in IP initiative and the group's plans for the second half of 2022.
La confidentialité et le secret professionnel résultant de la relation avocat-client sont des principes essentiels de l’exercice de la profession d’avocat. À cet égard, les litiges internationaux, qui peuvent être soumis à des règles de confidentialité différentes et parfois contradictoires, notamment concernant les juristes d’entreprise, présentent de nombreux défis pour les équipes juridiques impliquées dans un tel processus.
Ozan Akyurek et Cyril Philibert, associés au sein du département Global Disputes du cabinet d’avocats Jones Day - Bureau de Paris, analysent les conditions et modalités d’application de la confidentialité et du secret professionnel en droit français, et illustrent leur mise en œuvre.
Confidentiality and attorney-client privilege are cardinal principles for lawyers. In this regard, international litigation, which may be subject to different and sometimes conflicting confidentiality rules, presents many challenges to the legal teams involved in such a process.
Ozan Akyurek and Cyril Philibert, partners in Jones Day's Global Disputes Practice in the Paris Office, analyze the conditions and modalities of application of confidentiality and legal privilege under French law, and illustrate their practical implementation in consideration of concrete examples, particularly regarding the procedure provided for in Article 145 of the Civil Code of Procedure
Jones Day partner Harriet Territt talks with Val Richey, Special Representative and Coordinator for Combating Trafficking in Human Beings at the OSCE, about the urgency the war in Ukraine is creating relative to human trafficking. They also discuss related supply chain issues, and actions businesses can take in the continuing fight against this global issue.
A turbulent global economy leaves financial institutions and other market participants in challenging positions as they try to hedge and protect their interests in an increasingly uncertain environment.
Jones Day partner Josh Sterling talks about the regulatory and legal issues faced by market participants in the volatile economic landscape.
Jones Day partner Miguel Eaton and associates Jenny Plagman and Stephen Scott discuss what candidates should think about when selecting firms for on-campus interviews, interview preparation, and what they need to ultimately consider in choosing a law firm.
As discussions and debates unfold over digital currency regulations, Commodity Future Trading Commission chairman Rostin Benham told a U.S. Senate committee that "speculative fervor" surrounding cryptocurrencies has potentially left investors in need of protections, and made the case for his commission to be charged with overseeing activities in this burgeoning market.
Jones Day's Josh Sterling and David Aron discuss the gradual move toward federal oversight of cryptocurrencies, the questions clients ask, and what crypto market participants need to know now.
Read the full transcript on the Jones Day website.
Joe Sims, who led Jones Day's Antitrust & Competition Law Practice to national and global prominence during nearly 40 years at the Firm, has endowed a new chair at his alma mater, the Sandra Day O'Connor College of Law at Arizona State University: The Sims Chair in Competition Law and Regulation at ASU Law. David Gelfand, one of the country's leading antitrust lawyers, has been named the Sims Chair and professor of practice at ASU Law.
Mr. Sims and Mr. Gelfand discuss the Chair, the current state of U. S. antitrust and competition law, and their plans for ASU Law's antitrust program.
Recent high-profile insider trading cases leave little doubt that these matters remain an enforcement priority for Washington agencies, including the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), and Department of Justice (DOJ). Jones Day partners Joan McKown, Josh Sterling, and Brian Rabbitt talk about enforcement trends, proposed rule changes, and the increased cooperation between federal authorities.
Read the full transcript on the Jones Day website.
A JONES DAY TALKS® Encore Presentation. From May 2021.
The European Central Bank's decision to establish a Climate Change Center and invest in a green bond fund launched by the Bank for International Settlements reflects the growing importance of climate change, and ESG more broadly, in ECB policy. The ECB's focus on climate change and sustainable finance will only grow as the EU's Sustainable Finance Action Plan continues to advance.
Jones Day's Linda Hesse and Dr. Michael Fischer discuss the Bank's aim to reorient capital flows around a more sustainable economy while managing the financial risks brought by climate change.
A JONES DAY TALKS® Encore Presentation. From June 2021.
The surging interest in cryptocurrency continues to raise new legal challenges for market participants and interested parties. This is largely uncharted territory, so there's comparatively little case law. However, a recent federal court's decision in United American v. Bitmain provided some insight as to how courts would apply antitrust laws to cryptocurrency.
Jones Day partners Craig Waldman, Mark Rasmussen, and Chris Pace talk about the key takeaways from the court's decision and discuss the other potential types of crypto asset antitrust claims we might see in the months and years ahead.
A JONES DAY TALKS® Encore Presentation. From October 2021.
Cryptocurrencies and decentralized finance remain under scrutiny from federal agencies and commissions. The acting Comptroller of the Currency has publicly stated that cryptocurrencies and decentralized finance may be evolving into serious threats to the financial system, much like the way certain financial derivatives prompted serious concerns and a near collapse back in 2008.
Clearly, serious regulations are under consideration. Jones Day's Josh Sterling and Dorothy Giobbe discuss what industry stakeholders need to know.
Jones Day partners Meredith Wilkes, Patricia Campbell, and Sarah Geers discuss the implementation of the Trademark Modernization Act, the recent decision in Thaler v Hirshfeld – a case involving protections for works created by artificial intelligence, opportunities for monetizing COVID 19-related patents, and other significant legal developments in the IP space during the last year.
For information on the Firm's Women in IP Initiative and their coming events, email WomeninIP@jonesday.com.
Read the full transcript on the Jones Day website.
Cryptocurrencies and decentralized finance remain under scrutiny from federal agencies and commissions. The acting Comptroller of the Currency has publicly stated that cryptocurrencies and decentralized finance may be evolving into serious threats to the financial system, much like the way certain financial derivatives prompted serious concerns and a near collapse back in 2008.
Clearly, serious regulations are under consideration. Jones Day's Josh Sterling and Dorothy Giobbe discuss what industry stakeholders need to know.
Read the full transcript on the Jones Day website.
In mid-2019, a group of corporate employees based in Silicon Valley launched a months-long campaign of online harassment, threats of violence and physical surveillance targeting a middle-aged couple in Massachusetts who ran an online newsletter covering eCommerce. The employees worked for eBay, one of the largest, oldest Silicon Valley companies. The bizarre episode led to a high-profile federal prosecution of seven people in Boston federal court and a major civil suit against current and former eBay executives. Both matters are ongoing.
Jones Day's Andrew Lelling and Amy Harman Burkart, brought the federal criminal case against the rogue eBay employees, when Lelling was the United States Attorney for the District of Massachusetts and Burkart the Chief of the Cybercrime Unit in that office. In this podcast, these veteran enforcement lawyers explain what companies must do to mitigate the corporate risks posed by employee misconduct, with a focus on management expectations, the importance of internal reporting and communications across teams, and the role executives must play in encouraging compliance through ethical behavior.
Read the full transcript on the Jones Day website.
In AMG Capital Management v. FTC, the U.S. Supreme Court ruled the Federal Trade Commission Act does not allow the FTC to seek, from violators of the Act, "equitable monetary relief" in the form of restitution or disgorgement.
Jones Day partner David Morrell talks about how the Court's decision could alter the FTC's consumer-protection enforcement actions moving forward, the Justice Department's newly prominent role in these matters, and what potentially affected parties should know.
Read the full transcript on the Jones Day website.
Cybersecurity threats remain a constant concern for every business and organization, regardless of size, location, or industry. The stakes relating to possible litigation, financial repercussions, and reputational risk, are high.
In this second episode of "A False Sense of Security", Jones Day Talks' series of programs focusing on legal issues that arise in connection with cybersecurity requirements and representations, Jeff Rabkin, Jamila Hall, and Grayson Yeargin discuss the special considerations confronting public sector contractors relative to cyber threats and data breaches. They talk about what can trigger a mandatory disclosure under a public sector contract, consequences and practical considerations regarding disclosures, and False Claims Act decisions concerning cybersecurity issues.
The conversation concludes with a look at President Biden's May 2021 Executive Order on Improving the Nation's Cybersecurity.
Read the full transcript on the Jones Day website.
SEC Chairman Gary Gensler has left little doubt that his commission will closely monitor activity in the cryptoasset markets and the actions of decentralized finance, or DeFi platforms, as investor interest continues to grow. In prepared remarks delivered at an early August event, the chairman said, "We just don’t have enough investor protection in crypto … we have taken and will continue to take our authorities as far as they go."
Jones Day's Josh Sterling, Brian Rabbitt, and Mark Rasmussen talk about what the heightened scrutiny means for crypto market participants, and discuss what additional regulatory and enforcement actions could be coming.
The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) were constitutional.
Jones Day's Matt Johnson and John Evans talk about the background of the Arthrex case, how the decision could affect the way the PTAB operates, and the implications for parties with matters pending.
Read the full transcript on the Jones Day website.
The U.S. Supreme Court has ruled 9-0 in National Collegiate Athletic Association v. Alston that the NCAA violated antitrust law by prohibiting member colleges from providing athletes with certain educational benefits. Specifically, the case dealt with the NCAA's restrictions on providing athletes with non-cash, academic-related compensation, such as computers and internships.
Jones Day's Chris Pace and Marc Weinroth discuss the Alston decision and its possible long-term implications for college sports.
Read the full transcript on the Jones Day website.
Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer, and Carrie Kiedrowski discuss how trademark laws have changed and evolved since the Lanham Act's implementation, and talk about recent cases relating to trademark dilution, internet domain names, and willful infringement. They also examine the significant changes that are part of the Trademark Modernization Act of 2020.
Read the full transcript on the Jones Day website.
Efforts by government agencies, companies, and investors to limit the effects of climate change continue to influence activity in the financial markets. Interest in carbon markets, where emission credits are purchased and sold─and also where derivatives on those credits are traded─is growing rapidly, and that trend is expected to continue. Some estimates predict the cost of carbon could eventually double, due to the increased focus on climate issues and the tightening of greenhouse gas standards by global regulators.
The increase in trading volume has attracted the attention of regulators and enforcement agencies. Jones Day partner Josh Sterling explains how the carbon markets work, details the risks participants face, and describes what companies using these markets should do now.
Read the full transcript on the Jones Day website.
Jones Day’s series on private enforcement actions relating to antitrust matters in Europe turns to significant developments in Spain. Raimundo Ortega and Antonio Canales explain why antitrust actions in Spain have increased, discuss how damages are disputed and quantified, and review the key takeaways from the high-profile Truck Cartel and Paper Envelope Cartel matters.
Read the full transcript on the Jones Day website.
The surging interest in cryptocurrency continues to raise new legal challenges for market participants and interested parties. This is largely uncharted territory, so there's comparatively little case law. However, a recent federal court's decision in United American v. Bitmain provided some insight as to how courts would apply antitrust laws to cryptocurrency.
Jones Day partners Craig Waldman, Mark Rasmussen, and Chris Pace talk about the key takeaways from the court's decision and discuss the other potential types of crypto asset antitrust claims we might see in the months and years ahead.
Read the full transcript on the Jones Day website.
The energy markets are highly regulated, and producers, transmitters, and consumers of energy all use the highly regulated derivatives markets to hedge their energy risks. How do the Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) respond when there are price disruptions, like with Winter Storm Uri, or evidence of manipulation or other potential wrongdoing in those markets? Listen as our partners and former senior FERC and CFTC regulators David Applebaum and Joshua Sterling share their views on how those agencies bring enforcement actions and how they will seek to address climate change and other issues relevant to the energy markets.
Read the full transcript on the Jones Day website.
As the infamous college admissions scandal unraveled, it became clear that aside from the illegal activities of the defendants – who included the principal of an admissions consulting firm, coaches and staff at certain universities, and the parents of college applicants – the case exposed potential problem areas for academic institutions related to their compliance protocols, internal controls, and the overall monitoring of the admissions process.
"Operation Varsity Blues," was handled by the Office of the U.S. Attorney for the District of Massachusetts, under the leadership of then-U.S. Attorney Andrew Lelling. Now an Investigations & White Collar partner based in Jones Day's Boston Office, Mr. Lelling shares his perspectives on what made the Operation Varsity Blues investigation so successful and impactful and explains the lessons and insights universities, colleges and other organizations should consider in reacting to this scandal and preparing to avoid the next.
Read the full transcript on the Jones Day website.
Cybersecurity risk is evolving and expanding. Traditionally, cybersecurity risk has been equated with cyber attacks and associated legal consequences. That risk is undoubtedly real: All internet connected systems remain vulnerable to increasingly sophisticated, persistent threat actors, including nation states and well-funded criminal organizations, who can circumvent even robust defenses to intrude into systems and expose companies to a wide variety of regulatory investigations and litigation. But companies increasingly face cybersecurity legal risk even absent a data breach. Emerging theories of liability – largely arising from inconsistencies between representations companies make about their cybersecurity and their actual cybersecurity posture – are presenting new, substantial civil and potentially criminal legal exposures for companies.
In the first installment of a multi-part JONES DAY TALKS® series, partners Lisa Ropple, Justin Herdman, and Grayson Yeargin discuss today's rapidly growing and changing cybersecurity requirements, and the potential legal consequences of not meeting those obligations.
Read the full transcript on the Jones Day website.
The European Central Bank's decision to establish a Climate Change Center and invest in a green bond fund launched by the Bank for International Settlements reflects the growing importance of climate change, and ESG more broadly, in ECB policy. The ECB's focus on climate change and sustainable finance will only grow as the EU's Sustainable Finance Action Plan continues to advance.
Jones Day's Linda Hesse and Dr. Michael Fischer discuss the Bank's aim to reorient capital flows around a more sustainable economy while managing the financial risks brought by climate change.
Read a full transcript on the Jones Day website.
In an effort to uncover and prosecute unlawful actions in the derivatives and futures markets, the U.S. Commodity Futures Trading Commission ("CFTC") and U.S. Department of Justice ("DOJ") have in recent years engaged in unprecedented levels of cooperation. Jones Day partners Josh Sterling and Brian Rabbitt discuss the DOJ / CFTC commodities fraud task force initiative, the role of data analytics, recent notable cases, and what market participants should know about the importance of full disclosure and transparency during an investigation.
Read the full episode transcript on the Jones Day website.
The U.S. Supreme Court has heard oral arguments in NCAA v. Alston, a case that will determine the limits the NCAA can place on types of compensation received by college student-athletes.
Jones Day's Chris Pace and Marc Weinroth discuss how the case found its way to the Supreme Court, the arguments that the NCAA and student-athletes made, and what this case could mean for the future of college athletics.
Read a full transcript on the Jones Day website.
The Commodity Futures Trading Commission, or CFTC, has broad regulatory powers to monitor the U.S. derivatives markets, which include futures, swaps, and some options.
Jones Day partner Josh Sterling, the former Director of the CFTC's Market Participants Division, talks about how the Commission fits into the broader regulatory framework, how it monitors fintech innovations, its climate change priorities, and what market participants can expect from the Biden administration.
Read the full transcript on the Jones Day website.
In this recap of a recent Jones Day client-focused webinar, partners Harriet Territt, Eva Monard, Sean Boyce, and Rick van 't Hullenaar review 2020's critical developments in U.S., EU and UK sanctions and export controls that directly impact EU, Middle Eastern and UK businesses operating in the global marketplace. These include:
Expanded use of U.S. secondary sanctions and export controls; The emergence of global Magnitsky-style (human rights) sanctions regimes in the UK and EU; Increased pressure for more active enforcement of EU sanctions; The advent of an independent UK sanctions regime; and Growing divergence between U.S. and EU sanctions policies.
The panel then focuses on 2021, noting the key transitions occurring in the U.S., where a new administration will examine the mark left by the previous administration on U.S. sanctions and export control policy, and in the EU and UK, where the Brexit transition period ended last year. These transitions will have far-reaching implications for global trade.
Read the full transcript on the Jones Day website.
Jones Day's series on private enforcement actions relating to antitrust matters in Europe continues with a focus on recent developments in France. Partners Eric Barbier de La Serre and Ozan Akyurek discuss how proceedings typically develop in private enforcement matters, access to evidence under French law, class actions, and why French courts are receptive to these actions.
Read the full transcript on the Jones Day website.
Jones Day partners Rick Puente and Chris Pace talk about what affected parties need to know about the Helms-Burton cases moving through U.S. district and appellate courts. They also comment on the current state of U.S./Cuba relations, and discuss how the Biden administration might approach dealings with the Caribbean nation.
Read the full transcript on the Jones Day website.
Partners Matt Johnson and Sarah Geers talk about former USPTO Director Andrei Iancu's impact on the PTAB, and what we might expect from a new director under the Biden Administration. They also comment on why patent litigation filings remained active during COVID-19, and explain the factors the PTAB considers when exercising its discretion to deny an inter partes review, including parallel district court litigation involving the legitimacy of the same patent.
Read the full transcript on the Jones Day website.
Jones Day partners Lanier Saperstein and Jay Tambe talk about The New York Department of Financial Services' recent guidance on Climate Change and Financial Risks, and BlackRock CEO Larry Fink's annual January letter to corporations, which addressed similar issues.
The conversation focuses on how regulators and asset managers are addressing investors' concerns relating to climate change, including the risks of potential climate-related damage to physical property, and the economic benefits of moving toward carbon-neutral investment options.
Read the full transcript on the Jones Day website.
In the fourth installment in our series of programs on the private enforcement of competition law in European jurisdictions, Jones Day partners Mario Todino and Lamberto Schiona discuss how private enforcement has evolved in Italy in recent years, the types of actions available, recent precedents, and the advantages and disadvantages of legal action in Italy.
Read the full transcript on the Jones Day website.
Health care providers hold a unique position in the fight against human trafficking. To help them understand their reporting and education obligations related to anti-human trafficking activities, Jones Day has prepared "Human Trafficking and Health Care Providers: Legal Requirements for Reporting and Education."
Jones Day's Alexis Gilroy, Curt Kirschner, and Taylor Goodspeed, along with Dr. Hanni Stoklosa of HEAL Trafficking and Claire Zangerle of the American Hospital Association, explain how hospitals and providers should use the tool, Talk about how providers can overcome barriers to identifying and reporting trafficking incidents, and discuss the significant role of telemedicine.
Read the full transcript on the Jones Day website.
Takeaways from this discussion:
Green bond issues are surging worldwide, eclipsing US$257 billion in 2019. Major corporates, including many not usually associated with climate initiatives, are bringing green bonds to market, spanning the investment grade and high-yield spectrum and including more exotic instruments as convertibles and covered bonds. Green bond qualifying standards in Europe differ from those in the United States. An EU Green Bond Standard may be adopted as early as Q4 2020. First-time issuers should plan time to calibrate their green bond framework and prepare for reporting requirements, enhanced investor outreach, and potential for liability. "Greenwashing" remains a concern.
Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark Modernization Act.
Read the full transcript on the Jones day website.
In the third installment in our series of programs on the private enforcement of competition law in European jurisdictions, partner Gerjanne te Winkel and associate Sophie van de Graaff discuss developments in the Netherlands, with particular attention to the effects of the 2014 EU Damages Directive, the actions available to victims of cartel activities, the passing-on defense, and other issues relevant to parties to these matters.
Jones Day partners Jürgen Beninca and Dieter Strubenhoff discuss how private litigation relating to antitrust and competition enforcement in Germany has changed in recent years, what factors claimants should consider when preparing to file an action, how these proceedings often play out, and what parties to these actions most need to understand.
Read the full transcript at the Jones Day website.
In May of 2019, the Trump Administration lifted the suspension of Title III of the Helms-Burton Act. This cleared the way for U.S. nationals with claims to property in Cuba that was confiscated under the Castro regime to file suit in U.S. courts against persons that may be "trafficking" in that property. Jones Day Miami-based partners Rick Puente and Chris Pace discuss the most recent court actions and decisions related to Title III matters.
Read the full transcript at the Jones Day website.
Private enforcement actions relating to antitrust matters has increased dramatically across Europe in recent years, both as follow-on damages claims in reaction to governmental enforcement actions, or as standalone competition claims pursued in litigation and arbitration by private parties. Jones Day partners Jürgen Beninca and Nicholas Cotter discuss what is behind the escalation in cases, including the effects of the European Union's 2014 Damages Directive.
Read the full transcript on the Jones Day website.
Long before ESG caught the attention of corporate boardrooms, Wall Street, and the investing public, socially responsible investing thrived in the form of tax credit investments, often in the form of incentives implemented by the federal and state governments to encourage the development of real estate projects beneficial to a specific community. Jones Day’s Jeff Gaulin, Patrick Cronin, Doug Banghart, and John Kelley explain how these programs work and the potential impact on the areas they are designed to help, as well as how they have expanded and can help investors of all kinds meet their ESG objectives. For more information on other ESG topics that may be relevant for your organization, please see our ESG insights page.
Read the full transcript on the Jones Day website.
A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the “Tiffany” name. Jones Day partners Meredith Wilkes and Jessica Bradley explain why the decision is illustrative of the treatment of evidence at the summary judgment stage, while also providing clarification on differences between trademark infringement and counterfeiting.
Read the full transcript on the Jones Day website.
Takeaways from this discussion:
Green bond issues are surging worldwide, eclipsing US$257 billion in 2019. Major corporates, including many not usually associated with climate initiatives, are bringing green bonds to market, spanning the investment grade and high-yield spectrum and including more exotic instruments as convertibles and covered bonds. Green bond qualifying standards in Europe differ from those in the United States. An EU Green Bond Standard may be adopted as early as Q4 2020. First-time issuers should plan time to calibrate their green bond framework and prepare for reporting requirements, enhanced investor outreach, and potential for liability. "Greenwashing" remains a concern.
Read the full transcript on the Jones Day website.
In this edition of Jones Day's Women in IP series, partners Rebecca Swindells and Meredith Wilkes explore the challenges of protecting trade secrets when employees are working at home or other locations outside the office. They discuss the obligations incumbent on employers to protect trade secrets, the risks related to remote employees that should be addressed, and the legal remedies available when trade secrets are compromised.
Read the full episode transcript on the Jones Day website.
Since the Trump Administration lifted the suspension of Title III of the Helms-Burton Act in May 2019, thereby allowing U.S. citizens to sue companies profiting from assets in Cuba seized under the Castro regime, high-profile corporations in several industries are facing—or are potentially facing—significant legal action. Jones Day partners Rick Puente and Chris Pace review recent developments and talk about what affected parties and stakeholders should watch for in 2020.
Read the full transcript on the Jones Day website.
False advertising cases remain a complicated area of intellectual property law. Jones Day's Meredith Wilkes, Jessica Bradley, and John Froemming talk about the types of false advertising claims, explain who can sue, describe the available remedies, and review the recent decision in the MillerCoors v. Anheuser-Busch Companies Super Bowl commercial case.
Read the full episode transcript on the Jones Day website.
As Jones Day's PTAB Litigation Blog marks its 500th posting, Dave Cochran and Matt Johnson discuss current patent litigation developments, near-term trends, and how the PTAB is handling cases during the COVID-19 lock down.
Read the full transcript on the Jones Day website.
Jones Day Insurance Recovery Practice Leader Ty Childress discusses the insurance implications relating to COVID-19, including employee health and safety concerns, the importance of reviewing language, determining what constitutes a "physical loss," and what business operators must do now.
Read the full transcript at the Jones Day website.
Jones Day partners Alexis Gilroy and Maureen Bennett talk about lessons already learned from COVID-19, the questions clients are asking, why it's important that the world's health care organizations share information, and how telemedicine can help.
Read the full transcript on the Jones Day website.
This special edition of Jones Day Talks celebrates the Firm's initiatives that showcase the accomplishments of our women partners and associates, and that provide professional development opportunities to the next generation of lawyers both inside and outside the Firm.
Read the full transcript at the Jones Day website.
The IRS's first guidance on the taxation of cryptocurrency in five years provides some new insights, but also leaves several issues unresolved. Jones Day partner Lori Hellkamp discusses Revenue Ruling 2019-24, with particular attention to the tax treatment of "hard forks" and "airdrops," tips for remaining compliant, and the remaining questions relating to the taxation of virtual currencies.
Read a full transcript on the Jones Day website.
Intended to improve efficiencies and reduce processing errors, new rules implemented by the U.S. Patent and Trademark Office require electronic filing of trademark applications, and all submissions associated with applications. Requirements for trademark specimens of use were also updated.
Meredith Wilkes, Ilene Tannen, and Carrie Kiedrowski discuss the likely impact of the new requirements, talk about the problems created by fraudulent specimens, and preview Jones Day's Women in IP initiative's event calendar for 2020.
Read the full transcript on the Jones Day website.
Jones Day's global anti-human trafficking initiative promotes unprecedented collaboration between our Firm, our clients, law enforcement, governments, and other organizations to detect, uncover, prevent, and prosecute crimes involving the sex trade, forced labor, and similar exploitation.
In observance of National Human Trafficking Awareness Month, partners Laura Ellsworth and Bethany Biesenthal discuss what Jones Day's anti-trafficking pro bono efforts have accomplished, and talk about the Firm's objectives moving forward.
Read the full episode transcript on the Jones Day website.
2019 was undeniably a very active year for intellectual property law—there were notable Supreme Court decisions relating to trademarks and patent litigation, and significant developments relating to AI and life sciences.
2020 promises to be just as interesting. Jones Day's Meredith Wilkes, Patricia Campbell, and Tracy Stitt explain what's recently happened and let us know what to look for in the year ahead. They also talk about what Jones Day's Women in IP initiative has planned for 2020.
Read the full episode transcript on the Jones Day website.
In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the Patent Trial and Appeal Board ("PTAB") were in violation of the Appointments Clause of the U.S. Constitution. Jones Day's Matt Johnson and Dave Cochran discuss the potential ramifications of this decision and talk about what parties to PTAB matters should do now.
Proposed regulations, which will implement the Foreign Investment Risk Review Modernization Act ("FIRRMA") next year, revise the process for review of foreign investments and also reflect the U.S. government's evolving view of what sectors of the U.S. economy (such as real estate, life sciences, and data collection or maintenance) raise national security concerns and, as result, will be subject to heightened scrutiny.
Jones Day's Laura Fraedrich, Chase Kaniecki, and Justin Huff explain why a growing number of industries must consider FIRRMA's implications when structuring transactions involving non-U.S. investors.
Two recent patent applications seek protection for inventions that were created autonomously by artificial intelligence without a human inventor. The applicants want the AI to be deemed the inventor and the AI's owners to receive the patent rights.
Emily Tait and Carl Kukkonen discuss how the United States Patent and Trademark Office is exploring the relationship between AI and patent law.
Read the full transcript on the Jones Day website.
Legal and regulatory battles continue over net neutrality, the concept that all internet traffic should be treated equally.
In Mozilla v. Federal Communications Commission, the U.S. Court of Appeals for the D.C. Circuit upheld the Commission's deregulatory approach to net neutrality but also struck down an order blocking states from implementing their own rules.
Jones Day partner Brett Shumate explains what the court's decision could mean for net neutrality moving forward.
Read the full transcript on the Jones Day website.
Signed into law by California Gov. Gavin Newsom, the Fair Pay to Play Act will allow college athletes in that state to accept payment for the use of their name, image, and likeness. In response, the NCAA has threatened to bar colleges from postseason tournaments if they allow players to profit under the new law's provisions, and several athletic conferences have also voiced opposition. Still, a number of states are already considering legislation similar to that enacted in California.
Jones Day's Marc Weinroth, Ilene Tannen, and Brett Shumate discuss the probable implications of the Fair Pay to Play Act.
Read the full transcript on the Jones Day website.
In this Encore Presentation: JONES DAY TALKS® podcast on what has become known as the Alston or Jenkins case, a California district judge has issued a 104-page order in In re: NCAA Grant-in-Aid Cap Antitrust Litigation. The matter focused on NCAA rules that prohibit schools from offering certain forms of compensation to student-athletes. Jones Day's Chris Pace and Marc Weinroth talk about the Alston decision and what it could mean for college sports programs.
The uncertainty continues for companies potentially at risk since the Trump Administration lifted the suspension on Title III of the Helms-Burton Act, a provision that empowers U.S. nationals with claims to confiscated property in Cuba to file suit in U.S. courts against entities "trafficking" in those assets.
Rick Puente and Chris Pace review recent case developments, discuss the appointment of new National Security Advisor Robert O'Brien, and talk about what parties possibly affected by Helms-Burton should expect next.
Read the full transcript at the Jones Day website.
The U.S. Supreme Court’s ruling in Mission Product Holdings v. Tempnology, LLC holds interesting implications for both trademark law and bankruptcy law. Also, in Iancu v. Brunetti, the Court confirmed that trademarks cannot be refused registration on the basis that they constitute "immoral" or "scandalous" matter. Meredith Wilkes, Jennifer Swize, and Anna Raimer review the ramifications of these decisions and preview two additional trademark cases the Court will hear next session.
Read the full transcript on the Jones Day website.
In this Encore Presentation: Jones Day Talks podcast on foreign direct investment, Randi Lesnick and Chase Kaniecki discuss the current global M&A landscape, the challenges of multijurisdictional deal making, the impact of geopolitical issues, and why investors can benefit from contingency planning.
France remains a vibrant market for investors. But as is the case in many countries, France is establishing regulations to oversee and control foreign investment in certain industries and sectors. Jones Day's Audrey Bontemps, Nicolas Brice, and Chase Kaniecki talk about the country's foreign direct investment regulations and explain how parties to possible transactions subject to these rules should proceed.
Italy is ranked one of the top destinations for investment in the European union. Still, the Italian government wields the authority to review, and even prevent, investments by foreign entities seeking assets in certain sectors and industries.
Jones Day's Stefano Crosio and Chase Kaniecki talk about recent developments in Italy's foreign direct investment regulations and discuss strategic considerations for parties to potential transactions.
The United Kingdom is taking a careful look at potential direct investments by foreign entities. While the UK certainly works hard to attract investor interest, concerns relating to certain sectors can trigger government scrutiny and oversight.
Jones Day’s Matt Evans and Chase Kaniecki discuss the U.K.'s review process, the role of the Competition and Markets Authority, the sectors subject to examination, and the importance of "managing the message."
In step with a global trend, the European Union has enacted a framework, effective October 11, 2020, for screening foreign direct investment into EU states.
Jones Day's Renato Antonini, Eva Monard, and Chase Kaniecki discuss the industries and sectors affected, the impact on investment deal flow, and other likely effects of the new EU-wide provisions.
President Trump's American AI Initiative is a far-reaching plan designed to ensure the United States remains a world leader in artificial intelligence research, development, and deployment. Jones Day's Emily Tait, Samir Jain, and Chase Kaniecki discuss the focus areas defined by the Initiative, the government agencies involved, and the short-term and long-term implications of the President's actions.
Breaking more than two decades of precedent, the Trump Administration has allowed the suspension of Title III of the Helms-Burton Act to lapse, thereby enabling eligible individuals and companies to file lawsuits in U.S. courts seeking compensation for assets expropriated by the Cuban government since 1959.
Jones Day's Chris Pace and Rick Puente discuss the circumstances leading to Title III, how companies can evaluate claims they may have under Title III or exposure they may face under Title III, and potential defenses to Title III lawsuits.
Read the full transcript on the Jones Day website.
Jones Day's Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, and the impact of the Precedential Opinion Panel ("POP") introduced late last year.
They also describe how filing strategies, as well as preliminary response strategies, should be altered as we mark one year since the U.S. Supreme Court's landmark decision in SAS Institute v. Iancu.
Read the full transcript on the Jones Day website.
Am 21. Dezember 2018 ist das sog. Energiesammelgesetz in Kraft getreten, mit dem u.a. das EEG geändert wurde. Hierbei handelt es sich um die siebte Änderung des EEG 2017 seit dessen Inkrafttreten vor etwas mehr als zwei Jahren. Eingeführt wurde u.a. eine Pflicht zur Ausrüstung von Windenergieanlagen mit einer bedarfsgesteuerten Nachtkennzeichnung ab dem 1. Juli 2020. Diese Pflicht gilt auch für Bestandsanlagen; schätzungsweise 18.000 Windenergieanlagen in Deutschland müssen daher nachgerüstet werden.
Aus der aktuellen Rechtsprechung ist ein Beschluss des Bayerischen Verwaltungsgerichtshofs vom 3. April 2019 zur Anwendbarkeit der sog. 10 H-Regelung insbesondere für Planer und Betreiber von Windenergieanlagen in Bayern relevant. Danach ist die 10 H-Regelung (Art. 82 BayBO) auch dann bei der Erteilung von Änderungsgenehmigungen nach § 16 BImSchG zu beachten, wenn bereits eine bestandskräftige BImSchG-Genehmigung vorliegt und sich weder die Standorte noch die Höhe der Anlagen ändern.
Diese aktuellen Themen im Bereich Windrecht erläutert Kerstin Henrich von Jones Day.
On December 21, 2018, the so-called Energy Collective Law came into force, amending, inter alia, the German Renewable Energies Act ("EEG"). This is the seventh amendment to the EEG 2017 since it came into force on January 1, 2017. Among other things, an obligation was introduced to equip wind turbines with need-controlled night-time identification from July 1, 2020. This obligation also applies to existing turbines; an estimated 18,000 wind turbines in Germany will therefore have to be retrofitted.
From the current case law, a decision of the Bavarian Higher Administrative Court of April 3, 2019, on the applicability of the so-called 10 H regulation is relevant in particular for planners and operators of wind farms in Bavaria. According to this decision, the 10 H regulation must also be observed when granting amendment permits in accordance with the German Federal Emission Control Act if a valid and binding permit for the wind farm already exists and neither the locations nor the height of the turbines change.
Jones Day’s Kerstin Henrich explains these current topics in the field of wind energy law.
Read the full transcript on the Jones Day website.
Like many countries, Australia is taking a careful look at proposed investments by foreign entities, particularly when certain sensitive industries or a government agency are involved. Jones Day's Mark Crean, Ingrid Costello, Amelia Berczelly, and Chase Kaniecki discuss the FIRB approval procedures, mandatory and voluntary notifications, and the actual risk of a deal not being approved.
In what has become known as the Alston or Jenkins case, a California district judge has issued a 104-page order in In re: NCAA Grant-in-Aid Cap Antitrust Litigation. The matter focused on NCAA rules that prohibit schools from offering certain forms of compensation to student-athletes. Jones Day's Chris Pace and Marc Weinroth talk about the Alston decision and what it could mean for college sports programs.
Germany has two different sets of rules for the review of foreign direct investments. The relevant ordinance, the Außenwirtschaftsverordnung, or AWV, provides for a sector-specific review process applying to the acquisition, by any non-German acquirer, of German companies active in military products and crypto-technology. The other set of rules, the cross-sectoral review, applies to the acquisition of all other companies by any non-EU acquirer. Jones Day's Jürgen Beninca and Chase Kaniecki discuss what investors should know about the AWV.
With the passage of the Eliminating Kickbacks in Recovery Act in October 2018, Congress took aim at the ongoing opioid crisis threatening communities across the U.S. This new criminal statute targets healthcare providers that knowingly pay for or otherwise incentivise referrals of individuals to recovery homes, clinical treatment facilities, or laboratories. Partner Ann Hollenbeck discusses with Health Care lawyers B. Kurt Copper and John Kirsner, covering the goals, exceptions and other crucial details of the Act.
Read the full transcript at the Jones Day website.
In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on how costs are measured in copyright litigation. Jones Day's Jessica Bradley, Anna Raimer, and Meredith Wilkes explain the implications for copyright holders, applicants, and litigants. They also talk about what's ahead for the Firm's "Women in IP" initiative.
Read the full transcript at the Jones Day website.
The SEC requires anyone who acquires more than 5 percent ownership of any class of registered securities to file a Schedule 13D within 10 days, thereby disclosing their holdings and intentions. But the process has come under persistent criticism, as activist hedge funds and similar investors have used the 10-day window to conceal their accumulations.
Lizanne Thomas, leader of the Firm's corporate governance team, talks about the current wave of shareholder activism and explains why the SEC’s Schedule 13D 10-day filing window is in need of reform.
Read the full transcript at the Jones Day website.
Jones Day's Justin Huff, Laura Fraedrich, and Chase Kaniecki explain the role of CFIUS, discuss how provisions of the FIRRMA pilot program are affecting investment in the U.S., and talk about what to expect next in cross-border transaction oversight.
In the first in a Jones Day Talks series on foreign direct investment, Randi Lesnick and Chase Kaniecki discuss the current global M&A landscape, the challenges of multijurisdictional deal making, the impact of geopolitical issues, and why investors can benefit from contingency planning.
Patent Trial and Appeal Board, or PTAB, defense litigation strategies continue to evolve. In a recent Law360 article, Jones Day Intellectual Property lawyers Dave Cochran, Mike Hendershot, and Matt Johnson explained why previous assumptions and strategies pertaining to PTAB litigation must be reconsidered.
Mr. Hendershot and Mr. Johnson clarify the importance of tight coordination between trial and PTAB counsel, fully developing noninfringement positions early, tailoring a PTAB petition to the claims and grounds truly at issue, and more in this Jones Day Talks podcast.
Read the full transcript on the Jones Day website.
Section 101 of the U.S. Patent Act─which identifies four categories of inventions or discoveries that are eligible for patent protection─presents a number of challenges to companies working on innovations in the life sciences space. Jones Day's Patricia Campbell and Susan Gerber, who recently coauthored an article on this topic for The Intellectual Property Strategist, are joined by Meredith Wilkes in this edition of Jones Day Talks Intellectual Property. They discuss Section 101 and life sciences, and talk about what's coming up for Jones Day's Women in IP initiative.
Read the full transcript on the Jones Day website.
Africa's 1.2 billion people, its rich natural resources, and the improving political stability in many of its nations have positioned the continent for meaningful economic growth in the coming years. The African Continental Free Trade Agreement ("CFTA"), developed and brokered by the African Union, would significantly expand intracontinental trade and remove oppressive tariffs and other barriers that hinder prosperity in the region.
Jones Day partner Javade Chaudhri talks about the current status of the CFTA, and what companies considering investment or expansion in Africa should know now.
In its April 2018 decision in SAS Institute, Inc. v. Iancu, the U.S. Supreme Court held that when conducting an inter partes review, the U.S. Patent Office must determine the patentability of each of the claims challenged by the petitioner.
Jones Day partners Dave Cochran and Matt Johnson explain how SAS Institute reverses prior interpretations of the inter partes review statute and discuss where it has already affected litigation strategies for petitioners and patent holders. (Running time: 24:51)
Visit Jones Day's PTAB Litigation Blog.
Jones Day partner Ann Hollenbeck shares an informative conversation with associate Ian Pearson, who was a lead in the area of digital health at the U.S. Food and Drug Administration. They discuss how the FDA is addressing the challenges resulting from the rapidly growing and changing digital health marketplace. Mr. Pearson explains the Agency's Digital Health Innovation Plan and why it's important that companies participating in this sector engage with the FDA in the early stages of development. (Running time: 14:36)
Our first in a series of Jones Day Talks podcasts on Blockchain features Jones Day's Jim Cox, coeditor of the American Bar Association book Blockchain for Business Lawyers, answering common blockchain questions such as: What is blockchain? How does it work? What are its current and future applications? And who—and where—is Satoshi Nakamoto? (Running time: 21:48)
In "How Regulations Could Help Cryptocurrencies Grow," published in the Harvard Business Review, Jones Day partners Stephen Obie and Mark Rasmussen explain why effective government oversight is critical to bringing accountability and stability to this emerging asset class. Mr. Obie and Mr. Rasmussen discuss specific actions the SEC could take to promote clarity and innovation in the cryptocurrency market in this edition of Jones Day Talks Technology.
Deutschland ist nach wie vor ein wichtiger Markt für Investitionen im Bereich Erneuerbare Energien. Die regulatorischen Rahmenbedingungen sind stabil, und im Gegensatz zu anderen Ländern gab es in Deutschland keine rückwirkenden Kürzungen der Einspeiseförderung. Daher ist die Nachfrage der Investoren nach Projekten in Deutschland seit Jahren hoch.
Worauf sollten Investoren bei der rechtlichen Prüfung von Projekten achten? Dies erläutert Kerstin Henrich von Jones Day.
Germany remains an important market for renewable energy investments. The regulatory framework is stable, and in contrast to other countries, Germany imposes no retroactive reductions in feed-in subsidies. For years, these favorable conditions have led to robust investor demand for renewable energy projects.
But what should investors look out for when auditing these projects? Jones Day's Kerstin Henrich explains.
Cyberattacks, which can result in data breaches and the unauthorized access of a company's—or its clients' and customers'—information, are a threat to organizations of nearly any size. Jones Day's Jeff Rabkin, Jimmy Kitchen, and Rich DeNatale talk about how organizations can prepare so they can respond effectively in the event of a cyberattack.
Jones Day partners Ann Hollenbeck and Cathy Livingston talk about Texas v. U.S., the litigation regarding the constitutionality of the Affordable Care Act. They also discuss recent regulatory actions taken by the Department of Health and Human Services regarding association health plans and short-term limited duration insurance.
Jones Day's "Women in IP" Initiative addresses the historic underrepresentation of women in intellectual property law with topical programming, networking opportunities, strategic mentoring arrangements, and a popular speaker series. Jones Day IP lawyers Meredith Wilkes (Chair of the WIP Initiative), Tracy Stitt (a rising star in the IP Practice), and Anthony Insogna (the IP Practice Chair) discuss the Initiative's goals, its progress, and the response from the legal community.
As the commercial and recreational markets for drone technology continue to expand, federal and state regulators are turning their attention to rules for operators, public safety issues, and personal privacy concerns. Jones Day's Dean Griffith describes the current regulatory environment for unmanned aircraft and talks about what's next for this game-changing technology.
Depuis une quinzaine d’années, des centaines de collectivités locales françaises avaient contracté des emprunts à taux structuré indexé notamment sur des parités de devises ou des écarts de parités de devises afin d’optimiser leur conditions d’emprunt. A partir de 2010, la crise des dettes souveraines a provoqué une baisse très significative du cours de l’euro par rapport au franc suisse notamment et de nombreuses collectivités locales ont alors fait face au renchérissement des taux et des conditions de sortie de ces prêts. Frédéric Gros, associé du cabinet Jones Day, nous en dit plus sur ces emprunts structurés et sur les contentieux initiés par les collectivités locales contre les banques.
During the last decade, hundreds of French cities agreed to enter into loan agreements at a structured rate tied to the foreign exchange market in order to improve their borrowing conditions. Since 2010 , the sovereign debt crisis led to an unexpected fall of the euro versus the Swiss franc, and many French local authorities (cities, départements, and lands) had to face expensive interest rates and onerous exit costs for these loans. Jones Day partner Frédéric Gros talks about these structured loans and the numerous lawsuits made by the French local authorities against the banks.
In a Supreme Court matter argued on behalf of software developer SAS Institute Inc., Jones Day successfully challenged part of how the U.S. Patent Office's Patent Trial and Appeals Board conducts its inter partes review proceedings. But that's just half the story. Jones Day partners Greg Castanias, Dave Cochran, and John Marlott explain why the Supreme Court's decision has significant implications for cases involving government agency overreach.
A recent Fifth Circuit decision is good news for health care providers struggling with the Medicare appeals process, but the agency's limited reimbursements for telemedicine services continue to frustrate providers. Jones Day's Ann Hollenbeck and Courtney Carrell explain.
In Europa wird es demnächst neue Regeln für Schutzmassnahmen für Whistleblower in Unternehmen geben, die Betrug, Steuerhinterziehung, Verletzungen von Arbeitsschutzvorschriften und ähnliche Missstände melden. Ein von der EU-Kommission veröffentlichter Richtlinienentwurf soll Whistleblower vor Vergeltungsmaßnahmen schützen und gleichzeitig spezifische Meldewege und Reaktionspflichten für Arbeitgeber einführen. Die Jones Day Partner Karin Holloch und Markus Kappenhagensprechen über die Neuerungen, die die Whistleblower-Richtlinie für deutsche Unternehmen mit sich bringen wird, wie sie sich auf das deutsche Arbeitsrecht auswirken wird, sowie über die Berichts- und Compliance-Anforderungen der Richtlinie.
In Europe, corporate whistleblowers—those employees who report fraud activities, tax evasion, security breaches, and similar offenses—have new protections on the way. A draft Directive published by the EU Commission shields whistleblowers from retaliation, while also implementing specific reporting channels and response requirements for employers. Jones Day Düsseldorf partners Karin Holloch and Markus Kappenhagen talk about the changes the whistleblower Directive will bring to German companies, how it will affect German employment law, and the Directive's reporting and compliance requirements.
The "monkey selfie" matter raises intriguing questions regarding the current state of U.S. copyright laws. Courts have ruled that a non-human can’t be granted copyright protection, but then what are the implications for works created via artificial intelligence? Jones Day partners Meredith Wilkes and Emily Tait discuss the aftermath of Naruto v. Slater and explain how companies can guard and protect their creative work.
Jones Day's Ann Hollenbeck and Courtney Carrell discuss an unexpected False Claims Act action as a private equity firm faces FCA liability. They also discuss the implications to consider when Uber, Lyft, and other rideshare apps transport health care patients.
When does inspiration turn into copyright infringement? The line is getting blurrier. Jones Day's Meredith Wilkes, Anna Raimer, and Aryane Garansi explain how the Ninth Circuit's decision—on "narrow grounds"—in the Blurred Lines appeal left key questions unanswered.
Autonomous vehicles, and their artificial intelligence-driven operating systems, raise ethical questions not usually associated with a technological advancement. This means complex considerations─sometimes with life-or-death implications─must be addressed by in-house counsel at the organizations developing self-driving cars. Jones Day partner Paul Rafferty identifies these concerns, discusses how they are addressed by current law and professional guidelines, and explains how affected companies and their legal staffs can learn more.
In the first in a series of Jones Day Talks Health Care & Life Sciences podcasts, Jones Day's Ann Hollenbeck and Courtney Carrell discuss vertical mergers, False Claims Act developments, an advisory opinion concerning gainsharing, and updates on association health plans.
Kerri Ruttenberg, a Jones Day partner and the best-selling author of Images with Impact: Design and Use of Winning Trial Visuals, covers practical tips for creating effective images, talks about why it's important to ask "what's the point?," and describes how the "Understand/Believe/Remember" strategy can be key to influencing juries and other audiences.
While the potential efficiencies and cost savings of an employee telemedicine program are intriguing, a number of legal and logistical issues should be addressed prior to a program's implementation. Jones Day's Alexis Gilroy, Todd Kelly, and Courtney Carrell discuss the concerns facing plan administrators, insurers, and health care providers.
The global trend toward digital transformation is changing the health care industry's administrative, delivery, and payment models in ways that were unimaginable just a few years ago. Jones Day's Alexis Gilroy, Todd Kelly, and Courtney Carrell discuss recent developments in digital health care and their predictions for the sector in 2018.
Jones Day partner Bob Kantner discusses privacy and data security matters, consumer protections, liability concerns, intellectual property rights, and other legal issues for U.S. and multinational companies competing in the rapidly evolving artificial intelligence sector.
Craig Waldman, Head of Jones Day's West Coast Antitrust Practice, talks about antitrust law in the tech sector and how innovation, competition, R&D, and similar factors can affect business practices for organizations developing, acquiring, and implementing new and emerging technology.
The race to bring a self-driving car to your garage has attracted a surprisingly crowded field, as countries and jurisdictions around the world prepare for a technology that experts say could permanently transform private transportation as we know it. Jones Day partner Paul Rafferty talks about the opportunities awaiting and challenges confronting participants in this game-changing new industry sector.
Romelia Flores, IBM Master Inventor, and Dave Copps, CEO of Cyxtera's Brainspace division, join Jones Day partner Bob Kantner to talk about the current state of artificial intelligence and explain what's coming next for this rapidly advancing technology.
Jones Day partners Steve Obie and Mark Rasmussen talk with Blockchain technology authorities Cody Marx Bailey of XRAM Capital and David Fisher of Integra Ledger. They discuss Blockchain applications and share their predictions for the coming year.