Sheppard Mullin's Nota Bene: Recent Episodes

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In today’s episode, we’re joined by Erika Trujillo, Managing Director of SEIA GmbH. We discuss the impact of evolving U.S. export control regulations on global supply chains, particularly in Europe.

Our conversation explores the European response to aggressive U.S. extraterritorial regulation, how rules in the EU and the United States are diverging, and how multinational companies can best manage the strategic realignment with regard to China.

Key Issues Discussed in This Episode

• What are you seeing with U.S. and European sanctions export control rules? Is there a convergence or divergence?
• Regarding China, with the strategic realignment between the United States and China, what is the response you are seeing in the EU?
• If a significant divergence forces global multinationals to choose between the United States and China, how might that play out in practical terms?
• How are these geopolitical changes changing the practical compliance choices global companies have to make in the real world?
• For CFOs and chief legal officers leveraging external and internal compliance teams, what’s the big takeaway?

About Erika Trujillo

Erika Trujillo is the founder and Managing Director of SEIA, a global trade compliance data firm that leverages cutting-edge data analytics to manage risk. Before founding SEIA, Erika held a senior role at a Big Four consulting and law firm, where she advised clients on Foreign Trade Law, focusing on multi-jurisdictional export controls and sanctions.

Erika also served as the EMEA Trade Controls leader for a global automotive supplier and worked as an international trade specialist at the U.S. Department of Commerce. Throughout her career, she has led initiatives in digitizing trade compliance.

About Scott Maberry

J. Scott Maberry is an international trade lawyer. He counsels clients on global risk, international trade, and regulation.

Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Erika Trujillo

Scott Maberry

Additional Resources

National Security Strategy

Strategy on China

2017 U.S. National Security Strategy

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In today’s episode, we’re joined by Navroze Palekar, Vice President and Global Head of Legal and Compliance for Cyient, and Ann O’Brien, a partner at Sheppard Mullin and head of the firm’s Criminal Antitrust and Cartels Team. Our conversation explores the complexities of doing business in India, including issues related to antitrust law, artificial intelligence, and international trade.

What We Discussed in This Episode:

• What challenges do global businesses in India face in terms of competition law, particularly labor and non-compete agreements?
• How are technology and AI being treated as competition law issues in India?
• How is this affecting the way businesses approach the development of AI tools?
• What are the latest developments in India’s trade with Russia in light of U.S. and EU sanctions?

About Navroze Palekar

Navroze Palekar is Vice President and Global Head of Legal and Compliance at Cyient, an engineering, research and development services provider headquartered in Hyderabad, India.

Navroze is responsible for management and oversight of all legal matters, including the company’s commercial contracts, intellectual property portfolio, dispute resolution, M&A, employment matters, and global compliance programs. He has over 16 years of experience, primarily as in-house counsel working across geographies in the IT/ITeS sector. He is a graduate of the Boston University School of Law, where he received a master’s degree in American Law (with a concentration in Intellectual Property) and an award for "Outstanding Achievement" for the Class of 2009.

Navroze frequently speaks at leading technology law forums and serves as a board member for the Pune Chapter of the Indian Lawyers Association.

About Ann O’Brien

Ann O’Brien is a partner in Sheppard Mullin’s Washington, D.C. office, where she serves as Co-Leader of the firm's Antitrust and Competition Practice Group and leads its Criminal Antitrust and Cartels Team. She focuses on advising clients facing criminal and civil government antitrust investigations or litigation.

Ann has extensive knowledge of antitrust enforcement practices and policy decisions, gained from her time as a federal prosecutor and manager at the U.S. Department of Justice in the Antitrust Division and as a Special Assistant United States Attorney in the District of Maryland. During her 20-year tenure with the DOJ, Ann was involved in virtually every major criminal enforcement and policy decision made by the Antitrust Division and led every aspect of domestic and international antitrust and white-collar investigations and prosecutions, including litigating federal criminal jury trials. She now leverages her experience to provide valuable insider insight on antitrust agency priorities, goals, and policies to strategically guide companies and individuals facing international, domestic and multi-agency antitrust and competition exposure. She also provides clients with cutting-edge compliance counseling and training to help deter or quickly detect antitrust exposure, informed by what is most important to the DOJ, FTC, and the courts.

An established thought leader in the antitrust community, Ann also regularly speaks and writes on a broad range of antitrust topics, including serving as co-editor of Competition Policy International’s Cartel column and editing the ABA’s Antitrust Cartel Leniency and Sentencing Handbook. She has also trained hundreds of antitrust prosecutors and law enforcement agents and served as a liaison to other DOJ components and government agencies.

About Scott Maberry

An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.

Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Ann O’Brien

Scott Maberry

Navroze Palekar

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, we are joined by the Honorable Jonathan Meyer, former General Counsel of the U.S. Department of Homeland Security and a partner at Sheppard Mullin. We discuss what the Trump administration’s national security team will look like, and what we can expect in the first 100 days.

What We Discussed in This Episode:

• Who are the key personnel that President-Elect Trump has selected for national security?
• Given the personnel, what policies do we expect in the national security realm?
• What should we expect in the first 100 days of the Trump administration?
• How will the recent fall of Syrian dictator Bashar al-Assad affect the Middle East and U.S. national security?
• What avenues might the President-Elect pursue to end the war in Ukraine?
• What could happen with NATO in a second Trump administration?
• What are the most likely new Trump tariffs?
• Should we expect additional restrictions on business with China?
• How will artificial intelligence continue to transform national security?

About Jonathan Meyer

As a partner in Sheppard Mullin’s Governmental Practice Group and leader of the firm’s National Security team, Jonathan E. Meyer counsels clients on their interactions with federal and state government, as well as national and homeland security, Congressional oversight, cybersecurity, AI, high tech, and transportation security, among other issues.

Prior to returning to Sheppard Mullin, Jon was nominated by President Biden and confirmed by the Senate as the Sixth General Counsel of the U.S. Department of Homeland Security, serving from 2021 to 2024. His decades of experience in Congress, the Justice Department and DHS position him to bring an insider’s perspective to interactions between private companies and the government. He has defended scores of Congressional investigations and has prepared witnesses for over 100 hearings, including Supreme Court nomination hearings, impeachment hearings, oversight hearings, high tech and antitrust investigations, and civil rights investigations, among others. He has also represented defendants and witnesses in high-stakes Justice Department criminal investigations.

The media – including CBS News, NPR, The Wall Street Journal, The New York Times, The Washington Post and Politico – regularly turn to Jon for insight into issues regarding national security, homeland security, government investigations, cybersecurity, immigration, politics and Congress. He has twice been honored with the Secretary of Homeland Security’s Outstanding Service Medal, the highest civilian award bestowed by DHS. He has also received the U.S. Secret Service Director’s Honor Award, the Customs and Border Protection Commissioner’s Ensign Award, and the U.S. Coast Guard Commandant’s Distinguished Service Medal, among numerous other prestigious accolades recognizing his exceptional service.

About Scott Maberry

An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.

Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Jonathan E. Meyer

Scott Maberry

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Ann O’Brien, a partner at Sheppard Mullin and head of the firm’s Criminal Antitrust and Cartels Team, joins us to discuss recent trends in international trust enforcement, including emerging cartel issues related to government procurement, artificial intelligence, and ESG.

What We Discussed in This Episode:

• What is a cartel from the antitrust perspective?
• How does the DOJ investigate cartels and what is the life cycle of a cartel investigation?
• What cartel issues are emerging from government procurement programs, such as those related to the CHIPS Act and other government programs?
• How can government contractors keep track of the fine line between cooperation and collusion?
• What cartel issues are arising around artificial intelligence?
• What cartel issues are emerging from the emphasis on environment, sustainability, and governance?
• What are some significant developments in the areas of no-poach and non-compete agreements?
• In the context of the volatile U.S. presidential election, where might antitrust enforcement be headed in the next four years?

About Ann O’Brien

Ann O’Brien is a partner in Sheppard Mullin’s Washington, D.C. office, where she serves as Co-Leader of the firm's Antitrust and Competition Practice Group and leads its Criminal Antitrust and Cartels Team. She focuses on advising clients facing criminal and civil government antitrust investigations or litigation.

Ann has extensive knowledge of antitrust enforcement practices and policy decisions, gained from her time as a federal prosecutor and manager at the U.S. Department of Justice in the Antitrust Division and as a Special Assistant United States Attorney in the District of Maryland. During her 20-year tenure with the DOJ, Ann was involved in virtually every major criminal enforcement and policy decision made by the Antitrust Division and led every aspect of domestic and international antitrust and white-collar investigations and prosecutions, including litigating federal criminal jury trials. She now leverages her experience to provide valuable insider insight on antitrust agency priorities, goals, and policies to strategically guide companies and individuals facing international, domestic and multi-agency antitrust and competition exposure. She also provides clients with cutting-edge compliance counseling and training to help deter or quickly detect antitrust exposure, informed by what is most important to the DOJ, FTC, and the courts.

An established thought leader in the antitrust community, Ann also regularly speaks and writes on a broad range of antitrust topics, including serving as co-editor of Competition Policy International’s Cartel column and editing the ABA’s Antitrust Cartel Leniency and Sentencing Handbook. She has also trained hundreds of antitrust prosecutors and law enforcement agents and served as a liaison to other DOJ components and government agencies.

About Scott Maberry

An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.

Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Ann O’Brien

J. Scott Maberry

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Lisa Mays, an international trade attorney with Sheppard Mullin and leader of the firm’s Supply Chain Industry Team, joins host Scott Maberry to discuss the state of the global supply chain, including the impact of the war in Russia, and the intensifying trade war with China.

What We Discussed in This Episode:

• Most trade lawyers are on the East coast. What benefits do you bring to your clients being in California?
• What roles do the different government agencies play in enforcement, and why is recent inter-agency enforcement cooperation so significant?
• What is the compliance obligation regarding “diversion” of goods by suppliers, distributors, sales agents, and customers?
• How are U.S. trade wars playing out in the global supply chain?
• What specific supply chain issues are created by the war in Ukraine?
• What recent actions has the U.S. taken as the trade war with China intensifies?
• How is international trade law impacting the way the solar industry operates?
• Why has it become critical for companies to trace their supply chains for forced labor?
• Will supply chain regulation continue to be a priority for the remainder of President Biden’s current term?

About Lisa Mays

An international trade lawyer based in Sheppard Mullin’s Orange County office, Lisa Mays leads the firm’s Supply Chain Industry Team and is a leading member of the Transportation Industry Team.

Lisa’s practice focuses on compliance counseling and investigations in the areas of export controls, economic sanctions, anti-corruption, and customs and import regulations. She regularly advises semiconductor manufacturers, automakers, airlines, aerospace and defense firms, importers, and exporters on sanctions; export controls, including the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR); trade agreements; the Foreign Corrupt Practices Act (FCPA); Customs and imports; antidumping and countervailing duties (AD/CVD); the False Claims Act; Committee on Foreign Investment in the United States (CFIUS); anti-boycott controls; cybersecurity issues; and anti-money laundering (AML) matters.

Lisa also represents clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Office of the U.S. Trade Representative (USTR), the Department of Commerce Bureau of Industry & Security (BIS), the Department of State Directorate of Defense Trade Controls (DDTC), the Department of Justice (DOJ), the International Trade Commission (ITC), U.S. Customs and Border Protection (CBP), and CFIUS.

About Scott Maberry

An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.

Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Lisa Mays

Scott Maberry

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Reid Whitten, Managing Partner of Sheppard Mullin’s London office, joins host Scott Maberry to discuss the state of the semiconductor industry, including the U.S. regulatory approach and the lessons it holds for other industries centered on advanced technologies.

• Why is there so much focus on the semiconductor industry?
• What’s new and different about the U.S. regulatory approach?
• What other industries could be candidates for similar regulation?
• If a business unit has an NSC licensing exemption, what should it do now to gain a strategic advantage in the future?
• What does the recent enhancement of the Foreign Direct Product Rule do?
• What are the implications of the U.S. Person Activity regulation?
• Can you explain the concept of “technological containment?”
• What is the state of U.S. technological containment of China?
• What’s the big takeaway for the semiconductor industry?
• What’s the message for every other industry?

About Reid Whitten

Managing Partner of Sheppard Mullin’s London office and leader of the firm’s CFIUS Team, Reid Whitten’s practice centers on international trade regulations and investigations.

Reid is a member of Chatham House, the UK's Royal Institute of International Affair, as well as an adjunct lecturer at the New College of the Humanities in London, at the Université Catholique de Lille in France and at Wake Forest University in the U.S, He also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.

A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers and trade publications. He is also the lead author and editor of The CFIUS Book.

About Scott Maberry

An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.

Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Reid Whitten

Scott Maberry

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Harper Batts, partner in Sheppard Mullin Silicon Valley’s Intellectual Property Group and co-leader of its Semiconductor Industry Team, joins host Scott Maberry to discuss the different forums for patent lawsuits, the complex nature of resolving semiconductor patent disputes, the timing to resolve the lawsuits and more.

What We Discussed in This Episode:

• What are the different venues to resolve patent disputes?
• What sort of timing is associated with the different forums?
• Why has there been an uptick in filing lawsuits in international venues?
• Besides money, what sort of damages or relief can parties get?
• What is the benefit of showing competitive harm?
• How do you best litigate these complex matters in front of a jury?

About Harper Batts

Harper Batts is a partner in the Intellectual Property Practice Group located in the firm's Silicon Valley office. He is also the leader of Sheppard Mullin’s Post Grant Proceedings (PTAB) Group and Semiconductor Industry Team.

Harper has almost two decades of experience as an intellectual property litigator and client counselor. Harper has obtained institution on more than 90% of the IPRs he has filed – a number unmatched across the country. Numerous Fortune 500 clients have relied upon his experience to represent them in highly contentious patent disputes in venues across the country. He has been selected multiple times as a Top IP Attorney in California by the Daily Journal (including this year), and IAM Patent 1000 noted that Harper “performs adroitly in post-grant proceedings on both the patent owner and petitioner sides.” In 2022 and 2023, he obtained institution of numerous petitions for inter partes review, obtained numerous final written decisions finding all claims unpatentable, and obtained an exceptional case finding and an award of attorney’s fees in the Central District of California in 2020.

He focuses on immediately determining the most relevant and effective pressure points against an adversary to quickly resolve a dispute with minimal disruption and cost to a client.

Harper is one of the leading attorneys for handling complex PTAB challenges across a variety of technologies. Harper has represented patent challengers and patent owners in more than 80 CBM and IPR proceedings. He has extensive experience in cases before the Patent Trial and Appeal Board as well as related appeals.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Harper Batts

Scott Maberry

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Michael Zhang, managing partner of Sheppard Mullin's Shanghai office, and Reid Whitten, managing partner of the firm's London office, join host Scott Maberry to discuss a new law that, for the first time, will prevent some U.S. investments in China.

What We Discussed in This Episode:

• Why would the United States impose a new trade restriction on its third-largest trading partner?
• What sectors will be affected?
• When do the prohibitions come into effect?
• What investors will the investment restrictions apply to?
• How does the outbound investment restriction fit into overall U.S. China policy?
• How is this policy viewed from the Chinese business perspective?
• What reaction should we expect from the Chinese government?

About Michael Zhang

Michael Zhang is a lawyer and the managing partner of Sheppard Mullin's Shanghai office. He has a deep understanding of China's legal system and business practices, as well as broad experience in corporate transactions, corporate restructuring, antitrust law, intellectual property, cybersecurity, and personal information protection law in China.

Throughout his career, Michael has represented many U.S. and European clients making investments in China and Asia, including mergers and acquisitions, joint ventures, and debt restructurings. He has helped invest in and create business in the internet technology, life sciences, healthcare, automotive, logistics, material hi-tech, telecommunication and software sectors.

His extensive knowledge of international business transactions has allowed Michael to represent leading Chinese companies in their outbound equity and asset transactions outside Mainland China, specifically in life science and healthcare, e-commerce and green technology. Drawing on his rich knowledge of antitrust laws in China and other East Asian countries, Michael also counsels U.S. and international clients, as well as Chinese local companies, on international and PRC antitrust issues with respect to pre-merger control, price fixing and monopolistic agreement issues.

About Reid Whitten

As Managing Partner of Sheppard Mullin’s London office and leader of the firm’s CFIUS Team, Reid Whitten’s practice centers on international trade regulations and investigations. He works with clients around the world to plan, prepare, and succeed in global transactions. He focuses on his clients’ cross-border investments, particularly in the technology and aerospace sectors, helping clients navigate the international trade regulations that could disrupt their deals.

Reid is a member of Chatham House, the UK's Royal Institute of International Affair. In addition to lecturing at the New College of the Humanities in London, at the Université Catholique de Lille in France, and Wake Forest University in the U.S, he also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.

A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers, and trade publications. He is also the lead author and editor of The CFIUS Book.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Michael Zhang

Reid Whitten

Scott Maberry

Resources

Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern

Treasury Department Advanced Notice of Proposed Rulemaking

Previous episodes featuring Reid Whitten:

https://www.sheppardmullin.com/notabene-447

https://www.sheppardmullin.com/notabene-356

https://www.sheppardmullin.com/notabene-278

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Dr. Thomas Franklin and Dr. Marina Nikhinson of the Mindwork Group join host Scott Maberry to explore what the best companies in the world are doing to promote the mental health and well-being of their people.

What We Discussed in This Episode

• What does a mentally healthy organization look like?
• What do great organizations do to support the mental health and well-being of their people?
• Why is it sometimes difficult to access high-quality mental health care?
• What about business executives and law partners? They sometimes need help too. What is a typical psychological profile of people with leadership roles in large organizations?
• What mental health needs do these individuals typically have?
• What is burnout? What are really good organizations doing to combat this issue?

About Thomas Franklin, M.D.

A national leader in psychiatry and psychoanalysis, Dr. Thomas Franklin served as Medical Director of the Retreat at Sheppard Pratt, the premiere program of the prestigious Sheppard Pratt Hospital. He was appointed a member of the American College of Psychiatrists and the Group for the Advancement of Psychiatry.

Dr. Franklin is board-certified in psychiatry and addiction medicine and is a graduate of the Washington Psychoanalytic Institute and the Johns Hopkins Carey School of Business. In addition to serving as a faculty member of the University of Maryland School of Medicine faculty, he also serves as a discussion group leader for the American Psychoanalytic Association.

Dr. Franklin is a co-founder of Mindwork Group, where he is President and Chief Executive Officer of MindWork Group. He has extensive experience treating professionals, executives, business owners, political leaders, and their families. He has been extensively quoted in the areas of substance use disorders, personality disorders, and mental health policy.

Marina Nikhinson

Dr. Marina Nikhinson is a board-certified psychiatrist with advanced training in psychodynamic psychotherapy, mentalization-based therapy, dialectical behavior therapy, and the treatment of mood and personality disorders. She is a master-trainer in the general psychiatric management of borderline personality disorder. In her role as attending psychiatrist at the Retreat at Sheppard Pratt, Dr. Nikhinson became a recognized leader in the treatment of people with complex psychiatric, psychological, and substance use disorders.

She is a graduate of the Washington-Baltimore Center for Psychoanalysis. A faculty member at the University of Maryland School of Medicine, she is also a Fellow of the American Psychiatric Association.

Dr. Nikhinson is a co-founder of the MindWork Group, serving as its Executive Vice President and Chief Operating Officer. In her distinguished career, she has cared for an international cadre of patients, including business owners, political leaders, and executives of Fortune 100 companies.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Dr. Thomas Franklin

Dr. Marina Nikhinson

J. Scott Maberry

Resources

MindWork Group

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, we speak with Lisa Fine of Pearson PLC, and co-host of the Great Women in Compliance podcast. We discuss how companies can maintain vibrant compliance programs in an increasingly complex world.

What We Discussed in This Episode:

• How do the best companies assess business risk and legal risk together?
• How does a deep understanding of the organization’s culture help in creating the compliance program?
• How do compliance professionals stand their ground even while empathizing with the business?
• What are the pros and cons of using outside counsel for compliance investigations?
• How can outside attorneys add value and help with business strategy?
• How do you ensure compliance training programs are effective?
• How do you empower ethical decision-making in an organization?
• What are some takeaways from your book, “Sending the Elevator Back Down: What We’ve Learned From Great Women in Compliance”?
• What should we all be doing to help others in our professional communities?

About Lisa Fine

Lisa Fine is a compliance leader with extensive experience in compliance strategy, including risk management and mitigation, internal investigations, and implementing and growing compliance programs. As Global Head of Investigations and Fraud for Pearson, the world’s leading learning company, she is involved in all aspects of the ethics and compliance program, including developing policies, risk assessment training, communications, and due diligence.

In addition to co-hosting the “Great Women in Compliance” podcast, where women compliance practitioners are interviewed and discuss their experiences, advice and substantive expertise, Lisa also co-authored “Sending the Elevator Back Down: What We’ve Learned From Great Women in Compliance.” She has spoken at conferences in the United States and Europe and regularly consults with and mentors other women in the field of compliance and those starting their careers

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Lisa Fine

J. Scott Maberry

Resources:

Great Women in Compliance

Sending the Elevator Back Down: What We’ve Learned From Great Women in Compliance.

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Sheppard Mullin attorneys Melissa Eaves and Ray Marshall join host Scott Maberry to explore how the best companies in the world are navigating between directly conflicting regulatory guidance on Environmental, Social and Governance initiatives.

What We Discuss in this Episode:

• What is the SEC doing regarding Environmental, Social and Governance (ESG) investing right now?
• What are state legislatures and Attorneys General doing?
• How do these enforcement contradict each other, and what should companies do?
• What should companies be doing to reduce the potential for ESG-related enforcement actions?
• How does "greenwashing" open the door to civil litigation?
• What steps should companies and investors take to mitigate risk in this complicated environment?

About Ray Marshall

Ray Marshall is Of Counsel in the Governmental Practice in Sheppard Mullen’s San Francisco office, where his practice focuses on White Collar and Investigations, Fiduciary Duties, and Environmental, Social & Governance issues.

Ray represents clients in both complex business litigation and white-collar defense. He has conducted a wide array of internal investigations and company inquiries, including cases alleging insider trading, stock options backdating, securities fraud, accounting irregularities, antitrust violations, public corruption, FCPA and other corporate and individual wrongdoing. He has represented clients in civil, criminal and administrative proceedings brought by governmental authorities, including the Department of Justice and the offices of various U.S. Attorneys, State Attorneys General and District Attorneys.

In addition to serving on Sen. Dianne Feinstein’s Judicial Advisory Committee for the Northern District of California, Raymond also serves as an adviser to the American Law Institute on the Model Penal Code Sentencing Project. He is past-President of the ABA Retirement Fund Board of Directors, a past member of the ABA Standing Committee on Federal Judiciary, and former president of both the State Bar of California and the Bar Association of San Francisco. In 2004 and 2007, he was appointed by Chief Justice Ronald M. George to chair the California Supreme Court’s Advisory Task Force on Multijurisdictional Practice.

In addition to his professional affiliations, Ray is extremely active in community affairs, serving on the boards of the Giffords Law Center, the Equal Justice Society, the United Negro College Fund, and HomeBase/The Center for Common Concerns. In March 2009, he argued on behalf of five of the leading civil rights groups in the country (Asian Pacific American Legal Center, California State Conference of the NAACP, Equal Justice Society, Mexican American Legal Defense and Educational Fund, NAACP Legal Defense and Educational Fund) before the California Supreme Court, arguing that allowing Proposition 8 (a proposition which sought to outlaw gay marriage) to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.

About Melissa Eaves

Melissa Eaves is Special Counsel in the Governmental Practice in Sheppard Mullen’s Los Angeles office. Melissa currently focuses her practice on complex civil litigation, fraud, investigations white collar criminal defense and False Claims Act litigation. She has substantial experience in compliance investigations, fiduciary counseling, ESG, American with Disabilities Act, FTC, SEC and TVPRA/human trafficking litigation.

Melissa has successfully represented numerous individuals and entities in connection with a wide range of federal and state investigations and prosecutions. In civil litigation, she has successfully represented both clients in both state and federal court.

In addition to complex litigation and white collar defense work, Melissa handles internal investigations for companies. She is an experienced and skilled investigator, handling investigatory matters involving whistleblower claims, harassment and workplace misconduct, criminal misconduct, and healthcare fraud. She has also worked with governmental agencies such as the OIG, DOJ, FTC, SEC, and HHS in connection with such investigations.

Melissa was part of the team that recently won a complete defense victory in a human trafficking case, and she has also obtained complete defense verdicts in trials involving ADA claims. In addition, she has represented the California Insurance Commissioner in the Executive Life Insurance Company, First Capital and Mission Insurance Group insolvencies and reinsurance litigation, involving over 300 reinsurers worldwide, representing recoveries in excess of $1.3 billion. Melissa has substantial litigation experience in both state and federal courts, including the U.S. Supreme Court, enforcing judgments abroad and supervising of domestic and foreign outside counsel.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information:

Melissa Eaves

Raymond Marshall

J. Scott Maberry

Resources:

Goldman Sachs SEC Settlement (2022)

BNY SEC Settlement (2022)

Texas AG Letter

ISS Response

Glass Lewis Response

BlackRock Letter

Kentucky AG Opinion

Kentucky AG Letter

Washington DC AG Letter

ClientEarth Lawsuit Against Shell

BNP Paribas Case

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Paul Kim, a partner in Sheppard Mullin’s Corporate and Securities Practice Group, joins host Scott Maberry to discuss recent developments in international policy and law impacting the U.S.-South Korea relationship, including the business significance of President Yoon Suk Yeol's state visit, the North Korean nuclear threat, and efforts to contain China.

What We Discussed in this Episode:

• What message is Korea sending by bringing the largest Korean companies on the State visit to the United States?
• What is the state of the North Korean nuclear threat and the allied response?
• What are some other key aspects of the comprehensive strategic alliance between the U.S. and South Korea?
• What are the allies doing to contain China from both a security and economic perspective?
• Where does South Korea's relationship with Japan stand?
• What's South Korea's position on the Russian invasion of Ukraine?
• What discussions will the United States and Korea have regarding electric vehicles, semiconductors, and batteries?
• What is the South Korean perspective on the CHIPs Act and Inflation Reduction Act?
• What is the South Korean business climate right now?
• What are the hottest issues for global companies doing business in South Korea and Asia?
• The last time you were our guest in early 2020 (Episode 69), you made a very accurate prediction regarding a novel virus then circulating in China. Are there any other events you see on the horizon?

About Paul Kim

A partner in Sheppard Mullin's Corporate and Securities Practice Group, Paul Kim also serves as Office Managing Partner and representative, foreign legal consultant for the firm's Seoul office.

Paul's practice focuses on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes. He has more than 25 years of experience representing a diverse range of clients operating in numerous industries and in many countries, practicing in New York for over 20 years before relocating to Seoul. His clients include private equity funds and investment managers, industrial and manufacturing companies, pharmaceutical and biotech companies, and commercial banks and other financial institutions.

Paul has particularly broad experience representing Korean, European and U.S. clients in complex multi-jurisdictional transactions, restructurings and other matters, and has been recognized on multiple occasions by Chambers Global, Chambers Asia Pacific and Asian Legal Business.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information:

Paul Kim

J. Scott Maberry

Resources:

U.S. Legal Insights for Korean Businesses

Nota Bene Episode 69 (02.12.2020): Asia Check In: The Coronavirus’s Impact on Business, the Trilateral Summit, and Japan’s Criminal Justice System with Paul Kim

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, futurist Gerd Leonhard, founder of The Futures Agency, joins host Scott Maberry to discuss the future, including the role of futurism in corporate strategy, and how multinational companies should be planning for the “good future.”

What We Discussed in This Episode:

• What are the tools for futurism, and how do they apply to running a global business?
• Why is it accurate to say “the future is now?"
• How did the Good Future Project come about? What is it?
• What are some of the mindsets or impediments that prevent good insight into the future?
• What can be done to reduce or mitigate the fear mindset?
• What are the links between your first profession, music, and your current calling as a futurist?
• What's the role of futurism in thinking about global trade, globalization, and the green revolution?
• For large multinational companies, how should the C-suite be planning for the future we're going to experience?

About Gerd Leonhard

Gerd Leonhard is a globally recognized and top-rated futurist, humanist, author, film producer, and TV host. Pursuing the concept of "practical wisdom," he forgoes the all-too-common techno-optimism in favor of progressive humanism, balancing exponential technological progress with human needs. Gerd zeroes in on what the future holds for humanity and how we will create the future we want (rather than just the one we could have).

A musician by origin and a digital music entrepreneur in the 1990s, Gerd is the author of five books, including the bestseller The Future of Music and his latest work, Technology vs. Humanity, a ground-breaking exploration of the mega-shifts that will radically alter society, the economy, values, and even human biology. He is also considered one of the most remarkable and unique keynote speakers in the world today, having so far appeared - virtually and in-person - before a combined audience of over 2.5 million people in 50+ countries.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information:

Gerd Leonhard

J. Scott Maberry

Resources:

The Good Future Project

Books by Gerd Leonhard

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Andreas Stargard, a co-founding senior member of Primerio, joins host Scott Maberry to discuss recent international law and policy developments in Africa, including the competition for business on the continent, the anticipation of further AfCFTA integration, and the evolving antitrust enforcement environment.

What We Discussed In This Episode:

• With the United States, China, and Russia in a race for business on the continent, how would you describe the big picture?
• Where does the African Continental Free Trade Area (AfCFTA) stand, and what are its implications?
• What's behind the recent meeting of African antitrust enforcers in Egypt?
• How does increased cooperation among African antitrust enforcers redefine the way we do business in Africa?
• What's the state of M&A approvals in African jurisdictions?
• What's the state of anti-corruption enforcement in Africa?
• What should we be watching in regards to digital markets and payments?
• Given the fallout from the FTX implosion, do you anticipate greater regulation of the crypto-verse in Africa?
• How might factors outside the sphere of traditional antitrust law impact Africa's enforcement regimes?
• What should businesses be doing to prepare for an evolving enforcement environment in Africa?

About Andreas Stargard

Andreas Stargard is a co-founding senior member of Primerio, a boutique law firm focused on the African continent. With two decades of experience in antitrust and competition law and commercial litigation, he serves as a legal, strategic, and business advisor to companies and individuals across the globe. His focus areas include antitrust and competition advice, white-collar counseling, contract litigation and negotiation, and resolution of global business disputes, including cartel work. Andreas also advises clients on corporate compliance programs that conform to local and global governance standards, and he has handled key strategic merger-notification issues, including evaluation of filing requirements, avoidance strategies, and cross-jurisdictional cooperation.

Andreas writes and speaks extensively on business litigation, antitrust, and competition-law issues. He is also the Editor-in-Chief of AfricanAntitrust.com and AfricanAntifraud.com, leading online resources on African competition law and anti-corruption matters across the continent.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information:

Andreas Stargard

J. Scott Maberry

Resources:

AfricanAntitrust.com

AfricanAntifraud.com

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Sheppard Mullin partner Oliver Heinisch joins host Scott Maberry to discuss international law and policy trends in Europe, including the race for green energy, greater protectionism, and the outlook for competition enforcement.

What We Discussed in This Episode:

• What are some implications of new signs of protectionism between the EU and the United States, particularly in terms of the green energy transition?
• How will green energy subsidies work under the new EU's Foreign Subsidies Regulation?
• How does the EU expect to subsidize the green energy transition, and at the same time consider punishing subsidies by the United States under the Inflation Reduction Act?
• How should companies be preparing for the EU Foreign Subsidies Regulation?
• What are the emerging issues in competition enforcement in the United States and EU?
• Where do you see Foreign Direct Investment Controls heading and how does that add to the complexity of doing business in Europe?
• What's the Digital Markets Act process?
• What is the General Data Protection Regulation (GDPR) and how is it being enforced?

About Oliver Heinisch

As a partner in the Antitrust & Competition Group practicing out of Sheppard Mullin’s London and Brussels offices, Oliver Heinisch advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures, including related antitrust litigation matters as well as merger control law. He also advises on the interface between intellectual property and competition law, mainly in the context of complaint cases, investigations of competition authorities and intellectual property litigation.

While most of Oliver's clients are technology, consumer electronics and life sciences companies, he also works with financial services, private equity, insurance, automotive, industrial, fashion and food clients. In addition to counseling clients on distribution agreements, parallel imports, IP licensing, R&D and cooperation arrangements, Oliver also assists companies working to comply with EU product regulations, particularly in the area of medical devices, pharmaceuticals and cosmetics. He also regularly provides clients with counsel regarding BREXIT and data protection and GDPR-related issues.

A qualified UK and German lawyer, Oliver maintains offices in both London and Brussels. He is ranked in the major legal directories and consistently recognized as an expert in the field.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Oliver Heinisch

Scott Maberry

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Elizabeth Frazee, CEO and Co-founder of TwinLogic Strategies, and Chani Wiggins, Principal at TwinLogic, join host Scott Maberry to discuss what's likely on the horizon for the 118th Congress, including prospects for the debt limit and the potential for bipartisan action on a farm bill, tax extenders, and immigration reform.

What We Discussed in this Episode:

• What are the biggest challenges and opportunities for global business coming out of the 117th Congress?
• Does a divided Congress set the stage for gridlock?
• Can you explain the connection between the budget, the debt limit, and the appropriations?
• What can we expect from the U.S. House of Representatives in light of the new leadership and rules package?
• What is the Sinema factor in the U.S. Senate?
• In terms of immigration reform, what does business need to see fixed?
• On taxation, is there bipartisan support for tax extenders?
• What does the makeup of the current Congress mean for the farm bill?
• How might the Republican-controlled House approach oversight?
• What will oversight look like in the Democratic-controlled Senate?
• What's the big takeaway for business in regard to the 118th Congress?
• If you had a crystal ball, what would it tell us about the 2024 elections?

About Elizabeth Frazee

As Co-Founder and CEO of TwinLogic Strategies, Elizabeth Frazee is a 30-year veteran of Washington D.C. politics and was recently named a Top Lobbyist by The Hill. She worked for over a decade in senior positions on Capitol Hill, spent years as an executive, leading government relations for tech and entertainment companies, and since 2003 has consulted for companies, trade associations and nonprofits.

After working for her home state Senator from North Carolina, Elizabeth served as press secretary for the House Energy and Commerce Committee. An attorney, she completed her congressional service running the legislative office of Representative Bob Goodlatte.

Once in the private sector, Elizabeth was director of government relations at the Walt Disney Company. She joined AOL in the late 90s as vice president of public policy and ran its Congressional team. In 2003 she left AOL-Time Warner to build the private lobbying practice that became TwinLogic Strategies in 2009.

Elizabeth is an expert at managing issue campaigns and running industry coalitions. She delivers results for her clients by combining a thorough understanding of policy, communications, and politics with an impressive network of relationships.

About Chani Wiggins

As a Principal with TwinLogic Strategies, Chani Wiggins draws on 20 years of federal government experience to assist clients with various policy interests in Congress and within the Administration.

Chani spent 11 years on Capitol Hill, serving as Senator Claire McCaskill's (D-MO) Legislative Director, former Senator Mark Dayton's (D-MN) Deputy Chief of Staff, and former Congressman Bart Stupak's (D-MI) Legislative and Communications Director. She was also a senior policy aide for Senator Tom Harkin (D-IA) and professional staff on the Health Education and Labor Committee. She later served as Assistant Secretary for Legislative Affairs at the U.S. Department of Homeland Security.

Since September 2010, Chani has represented clients with priorities in national security, telecommunications and technology, and energy policies. She also serves as a strategic advisor for the Government & Technology Services Coalition (GTSC), an organization of small and mid-sized company executives that develop and implement solutions for the federal homeland and national security sector.

Chani is known for building relationships on both sides of the political aisle, co-founding the Bipartisan Legislative Directors Group in 2007 to find common ground among the Senate's 100 Legislative Directors.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Elizabeth Frazee

Chani Wiggins

Scott Maberry

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this episode, Reid Whitten, Managing Partner of Sheppard Mullin's London office and a frequent Nota Bene guest, joins host Scott Maberry to discuss the U.S. China-trade war, including its origins, where the conflict could be headed in the future, and the potential implications for trading partners, multinationals, and individuals.

What We Discussed in this Episode:

• What are the origins of the U.S.-China trade war?
• What were some of the seeds planted in the 1980s and 1990s?
• How did the U.S. approach to China change in 2018 and what were the results?
• What is the Foreign Direct Product Rule? What makes the rule so new and different?
• How is the U.S. attempting to bolster technological advances at home?
• What countermeasures might China take?
• Why haven’t any of those countermeasures been implemented?
• Are we headed for worldwide fragmentation of the post-WWII global economic order?
• What happens with Europe and other big trading partners in light of the U.S.-China trade war?
• What do you mean by "technological containment?"
• What would a policy of technical containment mean for the future?
• Who's impacted by all of this? What should they do?

About Reid Whitten

As Managing Partner of Sheppard Mullin’s London office and leader of the firm’s CFIUS Team, Reid Whitten’s practice centers on international trade regulations and investigations. He works with clients around the world to plan, prepare, and succeed in global transactions. He focuses on his clients’ cross-border investments, particularly in the technology and aerospace sectors, helping clients navigate the international trade regulations that could disrupt their deals.

Reid is a member of Chatham House, the UK's Royal Institute of International Affair. In addition to lecturing at the New College of the Humanities in London, at the Université Catholique de Lille in France, and Wake Forest University in the U.S, he also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.

A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers, and trade publications. He is also the lead author and editor of The CFIUS Book.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Reid Whitten

Scott Maberry

Resources

Foreign Direct Investment Controls - A Global Perspective

China Law Update Blog

The CFIUS Book

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Sheppard Mullin's Nota Bene is a horizon-scanning podcast targeted at the C-suite that explores the risks facing multinationals doing business without borders. Multinational businesses have always been affected by major developments in international trade, global risk, and geopolitical shifts. The importance of these issues is increasing every day in light of events such as the U.S.-China trade war, the global response to the war in Ukraine, and the risks posed by rogue state actors such as Iran and North Korea.

In order to provide actionable insights into global law and policy developments, Sheppard Mullin has relaunched Nota Bene, which was in hiatus in 2022. In this very special episode, former host Michael P.A. Cohen offers his reflections and insights as he prepares to retire and hand over the hosting reins to Sheppard Mullin international lawyer Scott Maberry, who also holds the distinction of being Michael's first and favorite Nota Bene guest.

What We Discussed in This Episode:

• What inspired Michael to create Nota Bene?
• How has the world trade order changed since the launch of Nota Bene?
• Why did Michael tap Scott as his first Nota Bene guest?
• What were Michael’s favorite episodes, and what made those particular episodes so special?
• What is the vision for Nota Bene going forward?

About Michael P.A. Cohen

For more than thirty years, Michael P.A. Cohen has advised multinational businesses in all aspects of their cross-border competition practices and strategies. He's also defended those practices in global government investigations and enforcement actions spanning continents.

As the creative force behind Sheppard Mullin's Nota Bene podcast, Michael hosted all 156 episodes produced from its inception in 2018 through 2021. Already an accomplished artist and poet, he's looking forward to devoting more time to his writing and painting pursuits in retirement.

About J. Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves as its representative on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

As a member of the World Economic Forum Expert Network, Scott advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Michael P.A. Cohen

Scott Maberry

Resources

Michael's Favorite Nota Bene Episodes Mentioned in This Episode:

• Nota Bene Episode 72: Space Law: License, Launch, Finance, Insurance, and Responsible Space Stewardship with Brian Weimer?

• Nota Bene Episode 144: The International Race toward Green Hydrogen with GHC President Janice Lin and Tony Toranto

• Nota Bene Episode 150: Building an AI Risk Management Framework with Siraj Husain

Michael’s paintings and published poetry collections can be found at www.mpac.art.

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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This episode was originally published on December 2, 2020 as Episode 106.

Company investors and consequently, corporate boards, are acknowledging the importance of implementing good environmental, social, and governmental (“ESG”) policies to help mitigate risk, attract quality leadership, and establish satisfied employees. In this episode, we’re exploring the benefits of implementing ESG’s for all corporate stakeholders.

Joining Michael for this conversation are two guests, Allison Troianos and Ariel Yehezkel.

Allison Wu Troianos is an associate in the Corporate Practice Group in the Sheppard Mullin New York office. Allison’s practice focuses on advising companies on a broad range of corporate transactional matters, including mergers and acquisitions, private equity transactions, venture capital financings and corporate governance.

Ariel Yehezkel is a partner in the Sheppard Mullin New York office. He is the Practice Group Leader of the firm’s Corporate and Securities Practice Group. He concentrates his transactional practice on domestic and cross border mergers and acquisitions, leveraged buyouts, growth capital, minority investments, financing, joint ventures, equity arrangements, and general corporate matters.

Subscribe on Apple Podcasts, Google Podcasts, Spotify or Stitcher to receive each new episode as soon as they're published.

What We Discussed in This Episode:

• What are environmental, social, and governmental considerations and why are investors paying closer attention to them?
• How did ESGs develop over the years?
• Are there mandatory rules in the U.S. regarding ESG compliance?
• What steps is the European Commission taking to institute regulations around ESGs?
• Why are investors showing a preference towards companies with established corporate ESGs?
• How are private equity companies establishing criteria for investment funds based on ESGs?
• Is there a connection between improved financial performance and implementation of company ESGs?
• Why are ESGs a greater force for change than government regulation?
• How can companies start integrating ESG plans into their businesses?
• Is there tension between the planning and implementation of ESGs?
• How are professional service providers like law firms integrating ESGs in their own industry?
• How do ESGs appear in public companies?

Resources Mentioned:

2020 Blackrock letter to CEOs

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This episode was originally published on September 8, 2021 as Episode 142.

Companies are struggling to understand how to comply with rapidly changing and sometimes conflicting privacy obligations. For entities outside of the U.S. seeking to do business in the States, approaching and understanding the patchwork of state and federal privacy laws can be daunting, especially since U.S. privacy laws vary depending on the type of activities in which companies engage, the individuals from whom they gather or use information, and the industry in which the company operates. While there are some “general” privacy laws (notably in California and Virginia) those are the exception rather than the rule.

Rather than think about legal requirements on a law-by-law basis, it can be helpful to group obligations by activity. In this episode, Liisa Thomas discusses ways to approach these requirements, and the support the recent treatise, Thomas on Big Data: A Practical Guide to Global Privacy Laws released by Thomson Reuters, provides for organizations. She goes into detail about global privacy laws (including all 50 states across America), covering telemarketing, email marketing, wiretap and eavesdropping, biometric children's privacy, spyware and adware and online privacy.

Liisa Thomas obtained her undergraduate degree from Haverford College, and received her Juris Doctorate from University of Chicago. Liisa leads the privacy and cybersecurity team at Sheppard Mullin and practices in both the Chicago and London offices. She coordinates global policy in the area of privacy, and has taught at many universities including Northwestern University.

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

What We Discussed in This Episode:

• Why did you publish your new book?
• What restrictions exist when collecting personal information and what notices need to be given?
• What type of choices should individuals be provided about how their information is used, and do those choices need to be affirmative (opt-in) or retroactive (opt-out)?
• How can companies use information -- can they send marketing emails or text messages?
• Why can’t we create singularity in laws moving forward?

Resources Mentioned:

Thomas on Big Data: A Practical Guide To Global Privacy Law

Thomas on Data Breach

Contact Information:

Liisa Thomas

Email

LinkedIn

Facebook

Twitter

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This episode was originally published on September 22, 2021 as Episode 144.

Green hydrogen is a new form of green energy, a clean and safe energy carrier that can be used as a fuel for electricity production and transportation. As with any new industry, there is much that is up in the air as far as its regulation, industrialization, and progress goes. Janice Lin and Tony Toranto pull from their robust knowledge of the green hydrogen industry as they cover the basics of what green hydrogen is, how it’s created as well as what its future looks like in America.

Janice Lin is the Founder and President of the Green Hydrogen Coalition and the Founder and Chief Executive Officer of Strategen. Janice has over 25 years of strategy experience and has distinguished herself as a leading clean energy changemaker. Janice co-founded and for a decade served as Executive Director of the California Energy Storage Alliance, where she helped create the world’s most robust energy storage market. In 2019, Janice launched the Green Hydrogen Coalition, an educational non-profit dedicated to facilitating policies and practices to advance the production and use of green hydrogen in all sectors where it will accelerate the transition to a carbon free energy system.

Tony Toranto is a partner in the Real Estate, Corporate and Finance Practice Groups in the firm's San Diego (Del Mar) and San Francisco offices. Tony is a nationally recognized finance and commercial lawyer with three areas of concentration: corporate, real estate and energy transactions. He is Team Leader of the firm's Energy, Infrastructure and Project Finance Team, who regularly advises clients on conventional and renewable projects, including some of the largest energy projects in the industry. Tony is on the Leadership Committee of the Green Hydrogen Coalition. He possesses a dual J.D./M.B.A. degree and started his career as a client in private equity; he brings that commercial understanding to every deal.

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

What We Discussed in This Episode:

• What is green hydrogen?
• What are some processes used to create green hydrogen?
• Are these methods considered a win for environmental integrity?
• What led you, Janice, to form the Green Hydrogen Coalition?
• What barriers in storing, processing, or converting hydrogen have you experienced since forming the GHC?
• Why isn’t the entire United States in a green hydrogen state currently?
• Are other nations moving through their governmental systems more quickly in creating a regulatory framework for green hydrogen?
• Do you think green hydrogen may displace other mobile fuels and their storage?

Resources Mentioned:

Green Hydrogen Coalition

Contact Information:

Janice Lin

Tony Toranto

LinkedIn

Facebook

Twitter

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This episode was originally published on June 3rd, 2020 as Episode 84.

The coronavirus pandemic has proven to be the most significant business crisis in global history. What will it take for multinational companies to aptly respond to the crisis while managing potential future harm from the Paycheck Protection Program (PPP) audits and investigations?

Michael is joined by two guests, Jonathan Aronie and Joe Jay, from Sheppard Mullin’s Organizational Integrity Group (OIG).

Jonathan Aronie is a partner in the Washington, DC office of Sheppard Mullin, and the co-leader of the firm’s Government Contracts and Internal Investigations Practice Group. In 2013, Jonathan was appointed by the U.S. District Court for the Eastern District of Louisiana to serve as the Federal Monitor over the NOPD Consent Decree, the most comprehensive Consent Decree in the country. He is the author of From Bourbon Street To The Board Room: Eight Aids to Sustaining Reform.

Joe Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin’s Washington, D.C. office. Joseph’s practice encompasses a broad array white collar defense, corporate investigations, and international trade matters. His matters include defense of civil and criminal enforcement actions and investigations, compliance counseling and regulatory advice.

Subscribe on Apple Podcasts, Google Play or Stitcher to receive every new episode as soon as they're published!

What We Discuss in This Episode:

• What is the Organizational Integrity Group (OIG) and how does it help businesses?
• How has the coronavirus pandemic allowed the OIG to focus on what really matters when it comes to businesses responding in real-time to harm?
• What types of PPP audits and investigations will likely stem from the current pandemic?
• How will any investigations go beyond merely auditing funds that were disbursed? What else should businesses think about when carrying on with business activities under the PPP?
• What is the Defense Protection Act (DPA) and how might it affect enforcement of PPP spending?
• What types of questions are OIG clients asking of their counsel?
• One of the OIG’s First Principles guides businesses facing a potential crisis to “slow down the scene.” What does that entail?
• What goals are OIG counsel trying to achieve in what they call the legal “pre-mortem” portion of assessing a company’s needs?
• How important is it to “vet” any partners that your company plans on working with?

Resources:

• "Using “Prospective Hindsight” To Identify And Mitigate Risks During A Crisis," Organizational Integrity Group Blog, May 26, 2020

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In the last episode of the season, we connect with Reid Whitten again to discuss the latest in trade and economic developments. He walks through the latest in the supply chain issues, from steel to AI and how these factors add to the growing uncertainty in the economy. Reid also discusses the differences in administration economic oversight between Trump, Biden and even the Greek rulers. He also wades into how China impacts all of the world, from regulation, production and competition.

Reid Whitten is the Managing Partner of Sheppard Mullin’s London office, practicing in international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office. Reid works with clients around the world to plan, prepare and succeed in global transactions. Reid is an Adjunct Professor at the New College of the Humanities in London and at Wake Forest University in the U.S., where he teaches courses on the law of international business. He is also Leader of the Sheppard Mullin CFIUS Team, and is lead author and editor of The CFIUS Book.

What We Discussed in This Episode:

What caused the economic slowdown and price increases?

Are large global supply chain players the reason we can’t get anything?

How do the global players compete with the governments that are supposed to regulate them?

What is the U.S. policy to manage the economy?

What is the latest in the tariff fight between U.S. and China?

How does the American approach differ from the Chinese approach to managing the economy?

What are the real issues that multinationals need to focus on?

Resources Mentioned:

Tim Maughan

The CFIUS Book: Second Edition

Contact Information:

Reid Whitten

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We connect with David Garcia again to discuss the latest in healthcare and antitrust developments. Much has changed since his last visit three years ago and he walks us through some of those trends. He highlights how M&A transactions continue to rise and predicts what may finally put a halt on them. David discusses the race for innovation and how it has impacted the entire healthcare system in the states and globally. Finally, he discusses how states play a role in the regulation and the federal government’s role in the antitrust field.

Joining host Michael Cohen to share his deep insight on competition laws in the healthcare industry is David Garcia. David is a partner in Sheppard Mullin’s Century City office, a litigator with a broad background in complex civil litigation for major U.S. companies, including extensive class action and multidistrict litigation experience. His practice focuses principally on antitrust litigation and counseling with particular emphasis on the entertainment industry, healthcare litigation and mergers and the intersection between antitrust and intellectual property in litigation and joint ventures.

What We Discussed in This Episode:

Where are we when it comes to healthcare and antitrust status?

How has healthcare M&A changed from three years ago?

How has America benefited from the privatization of healthcare?

What are the inequities at play in healthcare and what will it take to change that?

How are states playing a part in the healthcare regulation system?

What does it mean that the FTC pulled the vertical merger guidelines, but the DOJ did not?

What’s unfair in violating an antitrust stature?

Resources Mentioned:

Nota Bene Episode 20: The Evolving Nature of the U.S. Healthcare Industry with David Garcia (Jan. 23, 2019)

Contact Information:

David Garcia bio

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We reconnect with Siraj Husain for the third time this year to hear the latest in artificial intelligence. He updates us on the National Institute of Standards and Technology and its effort to create an AI framework. Siraj discusses incidents of how AI has been used inappropriately and how it has gone wrong in the marketplace. He outlines why organizations need to do a better job about practicing responsible AI not just from an ethical perspective but also corporate. Finally, he discusses AI on a global scale and how other countries have adopted it.

Siraj Husain is a partner in the Intellectual Property Group in Sheppard Mullin’s Palo Alto office. Siraj focuses his practice on intellectual property and patent strategy in various technical areas with an emphasis in software and artificial intelligence. With an undergraduate degree in computer science, and over a decade of legal experience representing computer technology companies, Siraj helps clients, large and small, build and manage valuable patent portfolios in the United States and abroad.

What We Discussed in This Episode:

What is the National Institute for Standards and Technology?

How did NIST come about creating an AI risk management framework?

What is NIST doing to build trust in AI?

What does it mean that AI is brittle?

How does embedded bias in AI influence the marketplace?

What’s the timeline for the NIST process?

How does the domestic and multinational world embrace this framework?

What are other AI-capable countries doing about AI?

Resources Mentioned:

Nota Bene Episode 141: Artificial Intelligence Technologies: Past, Present, and Forward with Siraj Husain

Nota Bene Episode 108: Artificial Intelligence: Landmark 2020 Developments and Rapid Business Adoption with Siraj Husain

Sam Harris’ Making Sense podcast #116 – AI: Racing Toward the Brink

Contact Information:

Siraj Husain’s bio

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We connect back with lobbyists Elizabeth Frazee and Chani Wiggins to discuss the latest with U.S. government spending and infrastructure bills in the fourth quarter. They walk us through the latest with filibuster reform and wonder if Congress can pass anything by end of November. They get into the American marketplace and address innovation, competition and antitrust policies. Finally, they discuss the latest with OSHA, vaccine rules and testing.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

Chani Wiggins has leveraged 16 years of federal government experience to assist clients with various policy interests in Congress and within the Administration. Since September 2010, Chani has represented clients with priorities in national security, telecommunications and technology, and energy policies. She also serves as a strategic advisor for the Government & Technology Services Coalition (GTSC), an organization of small and mid-sized company executives that develop and implement solutions for the federal homeland and national security sector.

What We Discussed in This Episode:

• What has changed and what has stayed the same in the policy arena looking ahead to Q4?
• How will the moderates and progressives come together to reach an agreement?
• How is climate, health care and paid leave addressed in the bipartisan bill?
• Can Americans get back to a functioning system?
• What’s dangerous about picking winners and losers in the antitrust space?
• How do America’s competition laws differ from Europe and China?
• What is the latest with OSHA and vaccine laws?

Contact Information:

TwinLogic Strategies website - https://twinlogicstrategies.com/

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We regroup with Paul Kim for our fourth quarter check in to hear the latest on COVID across Asia and how the different countries have adjusted to living with the virus. Paul takes us through economic issues throughout Korea, Singapore, Japan, and highlights the cultural implications labor and the workforce have in different countries. We then turn to China and discuss the economic, regulatory and trade issues facing the country and its impact and influence around the world.

Joining us for this conversation is Seoul, Korea-based attorney, Paul Kim. Paul graduated in Economics from the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discussed in This Episode:

• How has COVID-19 impacted the Asian economies and what is the future of “living with COVID?”
• What’s the state of the labor workforce in the Asian region?
• How does Squid Games mirror the workforce in Korea?
• How do the labor, management and government juggle the employment culture in the different Asian countries?
• What’s the latest on the global chip supply shortage?
• How does the U.S. differ from the Asian regions when it comes to labor and trade?
• How will the Chinese regulatory sector impact other industries?
• How does China’s economy influence decision-makers and foreign investors?
• How does foreign investment differ from foreign policy?
• Will the U.S. share leadership in world trade?

Resources Mentioned:

Stephanomics Bloomberg podcast

Contact Information:

Paul’s bio

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We catch up with our African expert Andreas Stargard of Primerio on our fourth quarter geopolitical check in. We learn the latest on the antitrust law in South Africa and how the public interest standard contributes to the marketplace, including updates on Kenya, COMESA and Competition Authority of Kenya, and recent anti-corruption efforts and the broader economic developments in the marketplace.

A co-founding senior member of Primerio, a business advisory firm helping companies do business within Africa from a global perspective, Andreas Stargard is legal, strategic, and business advisor to companies and individuals across the globe. He focuses on antitrust and competition advice, white-collar counseling, contract dispute and negotiation, and resolution of global business disputes, including cartel work, corruption allegations and internal investigations, intellectual property, and distribution matters. Andreas also advises clients on corporate compliance programs that conform to local as well as global government standards, and has handled key strategic merger-notification questions, including evaluation of filing requirements, avoidance strategies, cross-jurisdictional cooperation, and the like.

What We Discussed in This Episode:

• What’s happened in Q3 and what’s on the horizon for Q4 for African businesses?
• What impact will the Burger King case decision have on the African antitrust markets and public interest regimes?
• How has the public interest standard been viewed in other countries?
• What’s the latest with Kenya and COMESA and what does it mean for broader economic development in the continent?
• What are recent anti-corruption efforts throughout the African markets and how do foreign investors affect that?
• What other unpredictable impacts has COVID-19 had on the global economy?

Contact Information:

Africa Antitrust & Competition News and Analysis blog

Primerio website

Andreas’s bio

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We catch up with our Europe-based expert, Oliver Heinisch, on upcoming changes for the fourth quarter of 2021 including updates on the German elections, Brexit and supply chain issues, and a new EU whistleblower directive.

Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s London and Brussels offices. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union

What We Discussed in This Episode:

• What does the election post-Angela Merkel mean for the major and smaller parties in Germany?
• What is the German election winner social democrats SPD’s effect on the rest of Europe?
• What’s the latest in the UK supply chain issue and labor shortage?
• How has Brexit impacted immigration in the UK?
• How do Europe’s ESG laws impact competition and sustainability?
• What competition rules need to change to make Europe more sustainable?
• How will the new EU whistleblower directive impact both national and private policies?

Contact Information:

https://www.sheppardmullin.com/oheinisch

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Seafood sustainability is becoming increasingly important in the world of environmentalism. This week’s episode features an interview with International Seafood Sustainability Foundation’s president Susan Jackson. We discuss ISSF’s history, tuna sustainability, unique partnerships between industry, scientists and NGOs, transparency in the wake of cynicism and more.

Susan Jackson is President of ISSF, a global partnership among scientists, tuna processors, and environmental nonprofits to undertake science-based initiatives for the long-term conservation and sustainable use of tuna stocks, reducing bycatch and promoting a healthy marine ecosystem.

Prior to joining ISSF, Jackson was the vice president for government/industry relations and seafood sourcing for Del Monte Foods, where her responsibilities included government relations at the federal, state, and local levels, and acting as Del Monte’s representative to trade and industry associations. Susan was also responsible for the purchase of all raw tuna and tuna co-pack manufacturing for Del Monte’s StarKist brand. Susan joined the H.J. Heinz Company in 1997 as an attorney in the law department, later working with the company’s seafood sourcing and other areas of procurement.

What We Discussed in This Episode:

• What was the one tuna stock management failure that set ISSF in motion?
• What was unique for industry, scientists and NGOs to work together?
• How does transparency and auditing work in a multinational industry?
• What difficulties lay ahead for the seafood industry?
• What are the long-term challenges in regards to sustainability?
• How has ISSF become a model bigger than their niche?

Resources Mentioned:

Susan’s TedTalk

https://www.youtube.com/watch?v=HlI25M91Kbc

https://iss-foundation.org/

Nota Bene Episode 4, Creating a Socially and Environmentally Conscious Supply Chain with Susan Jackson (9.26.2018)

Contact Information:

Susan Jackson bio

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Green hydrogen is a new form of green energy, a clean and safe energy carrier that can be used as a fuel for electricity production and transportation. As with any new industry, there is much that is up in the air as far as its regulation, industrialization, and progress goes. Janice Lin and Tony Toranto pull from their robust knowledge of the green hydrogen industry as they cover the basics of what green hydrogen is, how it’s created as well as what its future looks like in America.

Janice Lin is the Founder and President of the Green Hydrogen Coalition and the Founder and Chief Executive Officer of Strategen. Janice has over 25 years of strategy experience and has distinguished herself as a leading clean energy changemaker. Janice co-founded and for a decade served as Executive Director of the California Energy Storage Alliance, where she helped create the world’s most robust energy storage market. In 2019, Janice launched the Green Hydrogen Coalition, an educational non-profit dedicated to facilitating policies and practices to advance the production and use of green hydrogen in all sectors where it will accelerate the transition to a carbon free energy system.

Tony Toranto is a partner in the Real Estate, Corporate and Finance Practice Groups in the firm's San Diego (Del Mar) and San Francisco offices. Tony is a nationally recognized finance and commercial lawyer with three areas of concentration: corporate, real estate and energy transactions. He is Team Leader of the firm's Energy, Infrastructure and Project Finance Team, who regularly advises clients on conventional and renewable projects, including some of the largest energy projects in the industry. Tony is on the Leadership Committee of the Green Hydrogen Coalition. He possesses a dual J.D./M.B.A. degree and started his career as a client in private equity; he brings that commercial understanding to every deal.

What We Discussed in This Episode:

What is green hydrogen?

What are some processes used to create green hydrogen?

Are these methods considered a win for environmental integrity?

What led you, Janice, to form the Green Hydrogen Coalition?

What barriers in storing, processing, or converting hydrogen have you experienced since forming the GHC?

Why isn’t the entire United States in a green hydrogen state currently?

Are other nations moving through their governmental systems more quickly in creating a regulatory framework for green hydrogen?

Do you think green hydrogen may displace other mobile fuels and their storage?

Resources Mentioned:

Green Hydrogen Coalition: https://www.ghcoalition.org/

Contact Information:

Janice Lin

Tony Toranto

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As movement continues in the realm of U.S. antitrust legislation, many wonder when new legislation will be officially passed and how it will impact America and the Big Tech industry players. Bill Margeson discusses how this legislation has evolved under the Biden Administration and whether to expect any landmark changes in the near future.

Guest Bill Margeson is an associate in the Antitrust and Competition Group in Sheppard Mullin’s Los Angeles office. Bill has litigated antitrust, intellectual property, and other disputes in federal and state court and in the International Trade Commission under Section 337. Bill also has criminal litigation experience, including in grand jury investigations related to price fixing and fraud. Prior to law school, Bill worked in the public policy field.

What We Discussed in This Episode:

What has happened to the new antitrust legislation with the Biden Administration?

How does it relate to the digital markets report that the Antitrust Subcommittee produced in 2020?

What is the timeline for the Antitrust Subcommittee to move forward with this legislation?

Who are the key congressional players in passing this antitrust legislation?

How is tech platform enforcement and litigation related to antitrust reform?

In the policy arena, what special interest groups are we hearing from?

How does the proposed U.S. antitrust legislation compare to European competition law and Chinese anti-monopoly law?

Resources Mentioned:

Nota Bene Episode 116: Challenging the U.S. Big Tech Antitrust Debate Assumptions: A Deep Dive with Thomas Dillickrath and Bill Margeson, March 10, 2021 Contact Information:

Bill’s bio

Bill’s email

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Companies are struggling to understand how to comply with rapidly changing and sometimes conflicting privacy obligations. For entities outside of the U.S. seeking to do business in the States, approaching and understanding the patchwork of state and federal privacy laws can be daunting, especially since U.S. privacy laws vary depending on the type of activities in which companies engage, the individuals from whom they gather or use information, and the industry in which the company operates. While there are some “general” privacy laws (notably in California and Virginia) those are the exception rather than the rule.

Rather than think about legal requirements on a law-by-law basis, it can be helpful to group obligations by activity. In this episode, Liisa Thomas discusses ways to approach these requirements, and the support the recent treatise, Thomas on Big Data: A Practical Guide to Global Privacy Laws released by Thomson Reuters, provides for organizations. She goes into detail about global privacy laws (including all 50 states across America), covering telemarketing, email marketing, wiretap and eavesdropping, biometric children's privacy, spyware and adware and online privacy.

Liisa Thomas obtained her undergraduate degree from Haverford College, and received her Juris Doctorate from University of Chicago. Liisa leads the privacy and cybersecurity team at Sheppard Mullin and practices in both the Chicago and London offices. She coordinates global policy in the area of privacy, and has taught at many universities including Northwestern University.

What We Discussed in This Episode:

• Why did you publish your new book?
• What restrictions exist when collecting personal information and what notices need to be given?
• What type of choices should individuals be provided about how their information is used, and do those choices need to be affirmative (opt-in) or retroactive (opt-out)?
• How can companies use information -- can they send marketing emails or text messages?
• Why can’t we create singularity in laws moving forward?

Resources Mentioned:

Thomas on Big Data: A Practical Guide To Global Privacy Law Thomas on Data Breach

Contact Information:

Liisa Thomas

Email

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Artificial intelligence is growing rapidly and exponentially. As technology advances, there are many new concerns legally, ethically and socially. Many wonder how patent offices will handle new AI generating inventions, or even how AI lethal weapons will be regulated. As countries are trying to catch up legally to the latest AI technology, the European Union is taking the lead with a new risk-based approach to regulating AI technology. Joining me is Siraj Husain, who gives great perspective into the world of artificial intelligence with his expert insight.

Siraj Husain is a partner in the Intellectual Property Group of Sheppard Mullin’s Palo Alto office. He graduated from University of California Riverside with an undergraduate degree in computer science. He obtained his law degree from Loyola Law School, where he wrote for their law review. Siraj advises on IP strategies with a focus on artificial intelligence. He has specialized experience in many fields such as machine learning, deep learning, cloud computing technology, cryptography, and many computer hardware and software technologies. Siraj has also served as board member and pro bono committee co-chair for The South Asian Bar Association of Northern California.

What We Discussed in This Episode:

• What technological improvements have you seen in 2021 so far?
• Can U.S. technology keep up with other countries?
• What’s next for language models?
• What’s new in the world of electroproperty?
• How do Patent Offices distinguish between AI generating an invention versus creating it?
• How do you think this new technology may pressure intellectual property and law?
• What do you think China will do with AI that creates inventions?
• Where have you seen enforcement of AI occurring already?
• What do you think about the weaponizing of AI?

Resources

Nota Bene Ep. 108, “Artificial Intelligence: Landmark 2020 Developments and Rapid Business Adoption with Siraj Husain”

Contact Information:

Siraj’s attorney profile

Email

LinkedIn

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This episode was originally published on June 29, 2021 as Episode 132.

The beginning of 2021 saw a decline in business bankruptcy filings, in contrast to the corona virus-related surge in filings witnessed in 2020. Will this trend continue? Or will bankruptcy filings pick up as more businesses struggle to recover from the effects of the pandemic? Joining me to explore the 2021 bankruptcy trends in the business world is bankruptcy attorney and expert Ori Katz. Ori shares his insight on the intricacies of business bankruptcies and the popular 363 bankruptcy sales.

Ori Katz is a partner and Practice Group Leader of the Finance and Bankruptcy Practice Group in Sheppard Mullin’s San Francisco office. Ori specializes in business bankruptcies and other aspects of insolvency law. He has represented debtors, individual creditors, creditors' committees, parties purchasing assets out of bankruptcy and parties involved in bankruptcy litigation. He has successfully reorganized companies in a wide range of industries, including real estate, retail, construction, biotech, telecommunications, media and the internet. He has also represented lenders in connection with receiverships, loan workouts, restructurings, foreclosures and borrower bankruptcies, and acted as receivership counsel in connection with various appointments. Ori is a frequent speaker on matters relating to bankruptcy and insolvency law.

What We Discussed in this Episode:

• What are some of the high-level trends in business bankruptcy filings?
• Which industries were greatly affected by the pandemic?
• Will there be a “new normal” for businesses coming out of the pandemic?
• A brief overview of the U.S. bankruptcy system
• What is involved in a Chapter 7 bankruptcy filing? What about a Chapter 11?
• Is there a litmus test that must be met prior to filing for bankruptcy?
• What is a 363 bankruptcy sale and what is the process for this type of proceeding?
• What is a “stalking horse bid” and how is it used in bankruptcy proceedings?
• Is the stigma surrounding bankruptcies, specifically 363 sales, disappearing?
• Is there an advantage to being a stalking horse bidder?

Resource:

Ori's article on the same topic

Contact Information:

Ori’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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This episode was originally published on May 11, 2021 as Episode 125.

When the artist Beeple recently sold a digital work of art for $69 million, it caught the world’s attention especially because that one-of-a-kind digital art was a non-fungible token (NFT). In this episode, we’re taking a look at this emerging blockchain technology and exploring how NFTs are transforming digital artwork. We’re also discussing the legal ramifications of this new type of ownership.

Joining me for this conversation is Jim Gatto. Jim is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Washington, D.C. office. He is also Team Leader of the firm's Blockchain Technology and Digital Assets team, and its Social Media and Games industry team. He also is Team Leader of the firm's Open Source team.

What We Discussed in This Episode:

• What are non-fungible tokens?
• What makes a token “non-fungible”?
• Given the ease of duplication, what makes NFT’s so valuable?
• How might the use of NFT’s benefit performance artists?
• Will NFT’s ever become simple enough for everyday people to utilize them?
• After someone creates an NFT, where are some of the online marketplaces they can list and market it on?
• Are private investors moving into this space?
• How can NFTs be used with physical objects?
• What are the legal implications of creating and/or buying NFTs?

Contact Information:

Jim’s Sheppard Mullin attorney profile

Email: jgatto@sheppardmullin.com

Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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This episode was originally published on January 12, 2021 as Episode 108.

Artificial intelligence (AI) is making a significant impact on how businesses utilize technology and is further the object of a currently estimated $13 Trillion economic arms race between the world’s leading economies from Asia to Europe and North America. Developments in 2020 have been nothing short of revolutionary, breaking through where human achievement has been wallowing for decades. And AI is now in the realm of the multinational world, with major companies leading both innovation and adoption. This episode features a conversation with Siraj Husain about the AI developments businesses need to know about from 2020, with a near term look ahead in 2021, focusing on the nature of business AI, its adoption and risks..

Siraj Husain is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Palo Alto office. Siraj focuses his practice on intellectual property and patent strategy in various technical areas with an emphasis in software and artificial intelligence. With an undergraduate degree in Computer Science, and over a decade of legal experience representing computer technology companies, Siraj helps clients, large and small, build and manage valuable patent portfolios in the United States and abroad.

What we Discussed in This Episode:

• What is artificial intelligence and how is it being applied in the business world?
• What are the two main techniques that dominate the AI world?
• What are neural networks?
• What three major developments in technology occurred in 2020?
• Will advancements in AI ever be created by AI itself and not by humans?
• Is there bias in AI?
• What risks exists for businesses that are adopting AI? How can they mitigate against any associated risks?
• What new developments in AI can business leaders expect in 2021?

Resources:

Siraj's article on the same topic

Contact Information:

Siraj's Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As Asia’s economies attempt to recover from the grip of COVID-19, they face added obstacles brought on by slow vaccine rollouts and new pandemic restrictions. We’re exploring the latest economic and regulatory developments in the Asia markets in Q3 including the impact of the new Delta variant of the virus, vaccinations, and China’s crackdown on ridesharing giant, Didi.

Joining me for this conversation is Seoul, Korea-based attorney, Paul Kim. Paul graduated in Economics from the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discussed in This Episode:

• What precautions are various Asian countries taking to address the Delta variant of the coronavirus?
• What is causing the slow vaccine rollouts in South Korea?
• Why have Environmental, Social, Governances (ESG) become more popular in South Korea lately?
• What type of public assistance is the government of South Korea offering individuals and businesses?
• What lessons can be learned from how companies responded to supply chain deficiencies during the pandemic?
• Which industries experienced economic growth during the pandemic?
• Has China gone to war, proverbially, against public markets?

Contact Information:

Email: pkim@sheppardmullin.com

Paul’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Despite long-standing challenges to economic growth, the nations of Africa continue to experience incremental progress. As the digital revolution makes its way across the continent, we’re exploring Africa’s economic and social outlook in Q3 of 2021 with our Africa competition and markets expert, Andreas Stargard.

A co-founding senior member of Primerio, a business advisory firm helping companies do business within Africa from a global perspective, Andreas Stargard is legal, strategic, and business advisor to companies and individuals across the globe. He focuses on antitrust and competition advice, white-collar counseling, contract dispute and negotiation, and resolution of global business disputes, including cartel work, corruption allegations and internal investigations, intellectual property, and distribution matters. He has written and spoken extensively on these topics and many others. Andreas also advises clients on corporate compliance programmes that conform to local as well as global government standards, and has handled key strategic merger-notification questions, including evaluation of filing requirements, avoidance strategies, cross-jurisdictional cooperation, and the like.

What We Discussed in This Episode:

• What are the latest updates regarding the arrest of the president of South Africa?
• Is Africa getting in its own way when it comes to progress and growth?
• What is leading some African businesses to engage in price gouging?
• What is likely to happen to the natural resources in African countries if the local governments do not adequately protect them?
• How is the Biden administration trying to mend relationships with African nations?
• What might digital currency look like on the continent?
• What did Germany apologize to the people of Namibia for?

Contact Information:

Africa Antitrust & Competition News and Analysis blog

Primerio website

Andreas’s bio

Thank you for listening!

Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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We’re checking in with our Europe-based expert on the latest European updates and upcoming changes for the third quarter of 2021 including updates on Brexit, European Union (EU) data protection policies, block exemption regulations, and the United Kingdom’s (UK) immigration policies.

Joining me for this conversation is Oliver Heinisch. Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s London and Brussels offices. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discussed in This Episode:

• How have the last 6 months been since Brexit officially happened?
• What was one of the strongest drivers behind Brexit?
• How has the overall economic performance looked like for the UK vs. the EU?
• Updates on the negotiations with Northern Ireland.
• What do multinationals need to know about which laws apply in the UK?
• Why is it important for multinationals to design compliance programs based on new intellectual property regulations?
• What is the EU’s latest decision regarding the adequacy of the UK’s data privacy protection?
• What do the EU block exemption regulations entail?

Resources Mentioned:

Oliver’s blog post - Free Data Flow to the UK May Continue – EU Adopts Adequacy Decision - https://www.eyeonprivacy.com/2021/06/eu-adopts-adequacy-decision/

Contact Information:

Oliver’s Sheppard Mullin attorney profile - https://www.sheppardmullin.com/oheinisch

oheinisch@sheppardmullin.com

Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As we enter the third quarter of 2021, we’re taking a look at anticipated legislative activities including President Biden’s infrastructure bill, the U.S-China trade war, and Big Tech antitrust issues. We’re joined by U.S. government experts and lobbyists Elizabeth Frazee and Chani Wiggins to discuss some of the Federal, legislative, and judicial issues on the agenda.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

Chani Wiggins has leveraged 16 years of federal government experience to assist clients with various policy interests in Congress and within the Administration. Since September 2010, Chani has represented clients with priorities in national security, telecommunications and technology, and energy policies. She also serves as a strategic advisor for the Government & Technology Services Coalition (GTSC), an organization of small and mid-sized company executives that develop and implement solutions for the federal homeland and national security sector.

What We Discussed in This Episode:

• What’s the latest with the Biden infrastructure bill?
• How long will it take to pass budget reconciliation legislation?
• What does the Schumer-backed Endless Frontiers Act provide and how does it take aim at China?
• Will there be greater emphasis on education and training in the high-tech industry going forward?
• How is Congress approaching Big Tech antitrust issues?
• What is Congress’s real reason behind wanting to break up Big Tech? Is it about content moderation or something else?

Contact Information:

TwinLogic Strategies website - https://twinlogicstrategies.com/

Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Clean energy technology has been on the rise. As companies strive to become more sustainable and the cost of manufacturing renewable energy continues to decline, we’re taking a look at the driving factors behind the shift toward renewable energy and exploring how multinationals can meaningfully participate in this market.

Joining me for this conversation are attorneys Paul Kaufman and Ben Huffman.

Paul Kaufman is a partner of the Real Estate and Land Use and Environment Practice Groups in Sheppard Mullin’s San Diego (Del Mar) office. Paul has been an energy lawyer since 1984. Over a career of almost 30 years, he has negotiated all manner of project contracts, including power purchase agreements, hedges, interconnection and transmission agreements and equipment procurement and construction contracts. He represents parties in M&A transactions involving development and operating wind and solar generating projects. He works with renewable energy technologies, including on large wind, solar and biomass projects, and on conventional power plants using fossil fuels, as well as gas storage projects.

Ben Huffman is a partner in the Energy, Infrastructure and Project Finance Team and the Real Estate, Land Use and Environmental Practice Group in Sheppard Mullin’s Chicago office. Ben helps developers, utilities, infrastructure funds, banks and institutional investors finance, buy and sell infrastructure projects, and advises the companies that develop and own those projects, across the United States. While his experience spans asset classes and transaction types, he focuses on tax credit monetization transactions and renewable energy generation facilities.

What We Discussed in This Episode:

• What did the Public Utility Regulatory Policies Act (PERPA) allow utility companies do?
• How have the models of energy distribution developed over the years?
• What is a “contract for differences”?
• What are environmental, social, and governance (ESG) goals and how can companies establish and meet those goals?
• Why is there a huge push for sustainability and renewable energy in the technology industry?
• Is there pressure on the U.S. government to move towards renewable energies in order to compete with the governments of other countries?
• Does the current Biden administration infrastructure bill include any proposals that aid the use of renewal energy?
• Why are there a lot of private funds and investments in the renewable energy space?
• What are some questions corporations, developers, and investors should consider when transitioning to renewable energy use?

Resources Mentioned:

The Wall Street Journal article, “Amazon and Other Tech Giants Race to Buy Up Renewable Energy”- https://www.wsj.com/articles/amazon-and-other-tech-giants-race-to-buy-up-renewable-energy-11624438894

Paul and Ben's article - "Corporate Offtake Agreements Are a Driving Force Behind the Shift Toward Renewable Energy in the United States" - https://www.energylawinfo.com/2021/07/corporate-offtake-agreements-renewable-energy/

Contact Information:

Paul’s Sheppard Mullin attorney profile - https://www.sheppardmullin.com/pkaufman

Ben’s Sheppard Mullin attorney profile - https://www.sheppardmullin.com/bhuffman

Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The beginning of 2021 saw a decline in business bankruptcy filings, in contrast to the corona virus-related surge in filings witnessed in 2020. Will this trend continue? Or will bankruptcy filings pick up as more businesses struggle to recover from the effects of the pandemic? Joining me to explore the 2021 bankruptcy trends in the business world is bankruptcy attorney and expert Ori Katz. Ori shares his insight on the intricacies of business bankruptcies and the popular 363 bankruptcy sales.

Ori Katz is a partner and Practice Group Leader of the Finance and Bankruptcy Practice Group in Sheppard Mullin’s San Francisco office. Ori specializes in business bankruptcies and other aspects of insolvency law. He has represented debtors, individual creditors, creditors' committees, parties purchasing assets out of bankruptcy and parties involved in bankruptcy litigation. He has successfully reorganized companies in a wide range of industries, including real estate, retail, construction, biotech, telecommunications, media and the internet. He has also represented lenders in connection with receiverships, loan workouts, restructurings, foreclosures and borrower bankruptcies, and acted as receivership counsel in connection with various appointments. Ori is a frequent speaker on matters relating to bankruptcy and insolvency law.

What We Discussed in this Episode:

• What are some of the high-level trends in business bankruptcy filings?
• Which industries were greatly affected by the pandemic?
• Will there be a “new normal” for businesses coming out of the pandemic?
• A brief overview of the U.S. bankruptcy system
• What is involved in a Chapter 7 bankruptcy filing? What about a Chapter 11?
• Is there a litmus test that must be met prior to filing for bankruptcy?
• What is a 363 bankruptcy sale and what is the process for this type of proceeding?
• What is a “stalking horse bid” and how is it used in bankruptcy proceedings?
• Is the stigma surrounding bankruptcies, specifically 363 sales, disappearing?
• Is there an advantage to being a stalking horse bidder?

Contact Information:

Ori’s Sheppard Mullin attorney profile - https://www.sheppardmullin.com/okatz

Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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U.S.-Russia relations have been complicated, to say the least. Given Russia’s recent cyberattacks on SolarWinds and the government-directed attempts to influence the 2020 U.S. presidential election, the Biden administration is stepping up and issuing sanctions against the Russian government to curtail harmful foreign activities. But do these sanctions make a difference? I’m joined by attorneys Fatema Merchant and Mario Torrico to discuss the efficacy of U.S. sanctions against Russia.

Fatema Merchant is a partner in the Government Contracts, Investigations and International Trade and White Collar Defense and Corporate Investigations Practice Groups in Sheppard Mullin’s Washington, D.C. office. Fatema focuses on supporting clients in their international business and global transactions to mitigate risk and address trade and regulatory issues. Her practice includes compliance counseling, investigations and cross-border transactional work related to anti-corruption, export controls, economic sanctions, anti-money laundering, foreign investment (CFIUS) and tariff and import regulations.

Mario Torrico is an associate in the Government Contracts, Investigations, and International Trade Practice Group in Sheppard Mullin’s Washington, D.C. office. Mario focuses his practice on compliance counseling, investigations, and cross-border transactional work concerning international trade matters including customs, trade remedies, export controls, economic sanctions and embargoes, the Foreign Corrupt Practices Act (FCPA), and other areas of international trade law.

What We Discussed in This Episode:

• What can explain the increased harmful activities by Russia against the U.S.?
• What did the Russian cyberattack on SolarWinds entail and how did the U.S. respond?
• What types of sanctions can the U.S. government impose? What type were issued against Russia?
• What did the sanctions against Russia accomplish?
• Can we expect some level of responsibility from Russia for their cyberattacks?
• Do U.S. sanctions carry any weight? Are they effective?
• Can sanctions be used as a diplomatic, political tool?
• Are U.S. trade partners impacted by U.S. sanctions against Russia and accompanying politics?
• Are ransomware attacks one way Russia can showcase its relevance?
• What might this era of U.S.-Russia relations look like under the Biden administration?

Contact Information:

Fatema’s Sheppard Mullin attorney profile - https://www.sheppardmullin.com/fmerchant

Mario’s Sheppard Mullin attorney profile - https://www.sheppardmullin.com/mtorrico

Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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This episode is a replay of Episode 114 which originally aired on February 23, 2021.

Cyber attacks have become big business, from the standpoint of both the attackers, and attorneys pursuing liability compensation from corporate attack victims. Threat actors range well beyond hacker cults of old, now including sophisticated state actors, large businesses organized for the very purpose of cyber breach and theft, and complex threat networks that aggregate information formerly treated as innocuous. Ransomware is changing the state of cyber insurance, and both National and State regulations across the globe are entering the field to govern the conduct of business victims in this climate, both in terms of ransom payments themselves, and subsequent obligations to persons whose information goes out the pipes. Breaches, in short, are now a ubiquitous part of the multinational business landscape, and failing to test system vulnerability can present existential risk to any global business organization. We’re joined by attorney and cybersecurity expert Kari Rollins to discuss what companies can, and in some cases must, do to prepare for a potential cyber attack.

Kari M. Rollins is a partner in the Intellectual Property Practice Group and an Office Managing Partner of the Sheppard Mullin New York office. Kari focuses on data privacy and data security, and complex commercial litigation matters. She has successfully represented clients in the financial services, audit and accounting, retail and fashion, food services, hospitality, manufacturing, and technology industries before state and federal courts, as well as in front of state attorneys general, federal regulators, and U.S. and international commercial arbitration forums.

What We Discussed in This Episode:

• What are 5 truisms companies should understand when evaluating cybersecurity or data breach risks?
• Are there certain types of businesses that are at greater risk for attacks?
• How can you best understand and abide by your security and privacy obligations as a business?
• Regardless of the systems in place, how can companies account for human error?
• Why training, auditing, and compliance with cybersecurity standards should be part of any incident response plan?
• What are some of industry-specific audit and compliance obligations?
• How can you prepare your “cybersecurity story”?
• Can there be more than one threat actor involved in an attack?
• What are several preparedness steps to avoid modern developments in ransomware?
• For companies that are attacked, how can they make proper payment in order while avoiding further attacks?

Contact Information:

Kari’s Sheppard Mullin attorney profile https://www.sheppardmullin.com/krollins

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They say imitation is the sincerest form of flattery. Nowhere is this imitation more unwelcome than when it comes to a company’s intellectual property. Intellectual property laws and the protection they offer ensure that a business can fully protect its brand and reap the benefits of its inventions. Intellectual property rights also provide a course of action for business owners should they face counterfeiters. In this episode, we’re exploring the types of intellectual property protections available to businesses and sharing practical ways to protect against infringements.

Joining me for this conversation is intellectual property attorney Lisa Martens. Lisa is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s San Diego (Del Mar) office. Lisa's practice focuses on the protection and enforcement of brands for clients ranging from startups and emerging companies to Fortune 500 corporations. She has particular expertise in the food and beverage, healthcare, life sciences, e-commerce, semiconductor, sporting goods and retail clothing industries.

Lisa counsels clients on a variety of trademark issues, including the development of U.S. and foreign trademark portfolios, global brand strategy and licensing. She has also successfully handled numerous domain name disputes in the U.S. and worldwide. In addition, Lisa provides advice on advertising substantiation and rights of publicity and has successfully litigated false advertising and right of publicity cases in federal court.

What We Discussed in This Episode:

• What is counterfeiting and how does it harm companies?
• What are copyrights and trademarks?
• What qualifies for trademark protection? What qualifies for copyright protection?
• Are trademark and copyright protections automatic? What must a business owner do to obtain each type of protection?
• How intellectual property protections vary by country
• In what ways can pirates knock off a product?
• Which countries are considered “high piracy” locations?
• What are some practical tips for protecting against counterfeiters?

Resources Mentioned:

U.S. Trademark and Patent Office – www.uspto.gov

European Cluster Collaboration Platform - https://clustercollaboration.eu/tags/ctmo

Contact Information:

Lisa’s Sheppard Mullin attorney profile - https://www.sheppardmullin.com/lmartens

World Trademark Review article – Practice tips for combatting counterfeiters: an action plan for brands, manufacturers and retailers https://www.worldtrademarkreview.com/anti-counterfeiting/practice-tips-combatting-counterfeiters-action-plan-brands-manufacturers-and-retailers

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The employment landscape has been forever changed because of the COVID-19 pandemic. As employers, managers, and human resources professionals learn to navigate the ambiguity of the new workplace, we’re diving into some of the short-term and long-term changes and strategies that will help business leaders remain connected and effective.

Joining me to discuss his newly published book, Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued, is author and labor and employment attorney Adam Rosenthal. Adam and I explore several topics from his book including identifying implicit bias, approaching difficult conversations, and managing remote workers.

Adam is a partner in the Labor and Employment Practice Group in Sheppard Mullin’s San Diego (Del Mar) and Los Angeles offices. He is an AV Preeminent® (highest honor) rated attorney from Martindale-Hubbell. Adam has also been recognized by BTI Consulting Group as a BTI Client Service All-Star. Adam represents a broad spectrum of employers in all areas of employment law before federal and state courts, the American Arbitration Association and JAMS. Adam represents national and international clients in retail, transportation, high-tech, manufacturing, healthcare, biotech, financial services, hospitality, food services and non-profit organizations.

In April 2020, along with Sheppard Mullin partners Richard Simmons and Brian Murphy, Adam co-authored the Employer’s Guide to COVID-19 and Emerging Workplace Issues book (Castle Publications, LLC; ISBN: 978-1-940747-61-3). Adam’s second book was released in May of 2021, Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued (Society for Human Resource Management; ISBN: 1586446649).

What We Discussed in This Episode:

• Why it was important for Adam to write this book at this time.
• Why should company managers be well-versed in employment law?
• Why is it important for managers to first identify what type of leader they are?
• How can managers make the most of the first three months after hiring a new employee?
• What is implicit bias and how is it a conundrum for employers?
• How should a manager handle a difficult conversation in the workplace?
• What will be the greatest challenge facing employers coming out of the pandemic?
• How can a manager prepare themself to say goodbye to an employee properly and legally?

Resources Mentioned:

Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued - https://www.amazon.com/Managing-Employees-Without-Fear-Positive/dp/1586446649

Employer’s Guide to COVID-19 and Emerging Workplace Issues Year 2 - https://castlepublications.com/product/employers-guide-to-covid-19-and-emerging-workplace-issues-year-2/

Contact Information:

Adam’s Sheppard Mullin attorney profile - https://www.sheppardmullin.com/arosenthal

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The healthcare industry is ripe for disruption and major change. Key players in this space are looking for innovative ways to improve quality, access, and efficiency of care provided. My guest today, Anthony Del Rio, is a leader in the healthcare industry and is working to disrupt the status quo through bold leadership and innovative ideas. For company leaders looking to transform their healthcare businesses, this episode will provide inspiration and practical advice on how to do so.

Anthony Del Rio is the President and Executive Director of Rush Health and a professor at Rush University. Anthony obtained his Bachelor’s degree in Business from Georgia State University and his Juris Doctor from Duke University School of Law. He practiced law for several years before joining the Rush University System of Health network.

What We Discussed in This Episode:

• How Anthony took on his new leadership position at Rush Health right at the start of the Covid-19 pandemic
• What’s the best way to formulate a strategic vision for a company?
• Is there financial benefit to population health management?
• Why the historic structure of healthcare is no longer serving the public?
• What’s the best way a company leader can assess risk before moving forward with instituting innovative strategies?
• What will it take for larger healthcare companies to adopt inventive care programs?
• How is technology assisting in the administration of population health management?
• Why assessing data and analytics can help provide better care?
• The role of courage in leadership

Resources Mentioned:

Intermountain Healthcare

Contact Information:

Rush Health

Anthony’s LinkedIn profile

Thank you for listening!

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Many companies do business in multiple states in the U.S. What they might not be aware of is that tax regulations in each state might mandate them to collect and pay sales and use tax for transactions in those states. This is true even if the company does not have a physical presence in that state. In this episode, we’re taking a look at the specific laws that every business owner should know in order to remain compliant with state tax regulations. Joining me for this insightful conversation is tax expert and attorney, Justin Hepworth.

Justin is a partner in the Tax and Estate Planning Practice Group in Sheppard Mullin’s Orange County office. His practice encompasses a broad range of state and local tax matters, from planning, compliance, and transactional matters to controversy matters in audit and through litigation. Justin regularly advises clients on state and local tax implications of restructurings, mergers, acquisitions, spinoffs, and asset sales. He advises on audit defense, voluntary disclosure, unclaimed property (escheat law), and other controversy and compliance matters. He has extensive experience handling a broad range of multistate issues, including nexus, sales and use tax exemptions, sourcing and characterization, research and development credits, unitary business matters, California Prop. 13 change in ownership issues, and residency planning and audits.

What We Discussed in This Episode:

• What is the significance of the 2018 Supreme Court case of South Dakota v. Wayfair, Inc.?
• What is the “physical presence” test and how was it challenged by the South Dakota case?
• How does a Court have authority to decide cases under the Commerce Clause?
• What is “economic nexus” and how does it apply to companies in today’s economy?
• Do state sales and use taxes only apply to the sale of physical goods in a state?
• What about foreign companies doing business in the U.S.? Do they have to pay sales taxes in every U.S. state they do business in?
• How do sales and use taxes affect mergers and acquisitions?
• What are “marketplace facilitator laws”?
• Is there an exodus from California?

Resources Mentioned:

South Dakota v. Wayfair, Inc. (2018)

Contact Information:

Justin’s Sheppard Mullin attorney profile

Thank you for listening!

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When the artist Beeple recently sold a digital work of art for $69 million, it caught the world’s attention especially because that one-of-a-kind digital art was a non-fungible token (NFT). In this episode, we’re taking a look at this emerging blockchain technology and exploring how NFTs are transforming digital artwork. We’re also discussing the legal ramifications of this new type of ownership.

Joining me for this conversation is Jim Gatto. Jim is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Washington, D.C. office. He is also Team Leader of the firm's Blockchain Technology and Digital Assets team, and its Social Media and Games industry team. He also is Team Leader of the firm's Open Source team.

What We Discussed in This Episode:

• What are non-fungible tokens?
• What makes a token “non-fungible”?
• Given the ease of duplication, what makes NFT’s so valuable?
• How might the use of NFT’s benefit performance artists?
• Will NFT’s ever become simple enough for everyday people to utilize them?
• After someone creates an NFT, where are some of the online marketplaces they can list and market it on?
• Are private investors moving into this space?
• How can NFTs be used with physical objects?
• What are the legal implications of creating and/or buying NFTs?

Contact Information:

Jim’s Sheppard Mullin attorney profile

Email: jgatto@sheppardmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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This episode was originally published on February 2, 2021 as Episode 111.

Music royalty investments have become a big global business. For investors looking for a growing industry to tap into, the music royalty market might be it. Will a flood in investment funds impact the music business overall? We’re exploring how the recent flurry of investment money into this market will continue to impact the industry.

Joining me for this conversation is Sid Fohrman. Sid is a partner in Sheppard Mullin’s acclaimed Entertainment and Digital Media Practice Group and Leader of the firm’s Music Industry Team, and Leader of the firm's Esports Industry Team. Sid represents a diverse client base comprised of public and private companies, on and off-screen talent, artists, influencers, and entrepreneurs across the full spectrum of the entertainment industry, including, music, esports, fitness, sports, technology, event, film and television industries.

What We Discussed in This Episode:

• What rights are included in any royalty deal?
• Why is the royalty investment market so hot right now?
• How is music streaming affecting royalty investment?
• Why are music royalties a smart investment for savvy investors?
• Are these types of investments more appealing and safer than other types of traditional investments like bonds?
• Is there potential for a flood of big investment money to impact the music business in general?
• Why is music publishing an appealing investment?
• How are catalogs valued?
• What other factors are driving the explosion in music royalty investments?
• Will newer artists see investment money come their way?
• Will there be an increase in multinational investments in U.S. music copyrights?

Contact Information:

Sid’s Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Joining me this week for the podcast quarterly check in with Europe is International Competition specialist Oliver Heinisch from London. Oliver shares the latest updates from the continent, including insight on Brexit, European merger controls, and the adequacy of GDPR enforcement.

Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s London and Brussels offices. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discussed in This Episode:

• What is the latest with Brexit and the Trade and Cooperation Agreement?
• What is happening in Northern Ireland vis-à-vis Brexit?
• How is the relationship between the UK and the European Union (EU) developing?
• What has the EU decided in regard to the UK’s adequacy of data protection?
• What type of guidance has the EU Commission issued regarding merger transactions?
• How will merger controls be handled going forward?
• Is there potential for blind overregulation of digital markets?
• Is there underenforcement of the GDPR?
• What does Europe have to do to kickstart its economy as it emerges from the pandemic?

Contact Information:

Oliver’s Sheppard Mullin attorney profile

oheinisch@sheppardmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Africa continues to strive for economic growth through various means such as trade partnerships and foreign investments. However, long-standing challenges remain an impediment in certain respects. Is Twitter’s decision to open an African base in Ghana any indication of the continent’s economic potential? We’re joined by Africa competition and markets expert, Andreas Stargard, as he shares insights on Africa’s economic outlook in Q2 of 2021.

A co-founding senior member of Primerio, a business advisory firm helping companies do business within Africa from a global perspective. Andreas Stargard is legal, strategic, and business advisor to companies and individuals across the globe. He focuses on antitrust and competition advice, white-collar counseling, contract dispute and negotiation, and resolution of global business disputes, including cartel work, corruption allegations and internal investigations, intellectual property, and distribution matters. He has written and spoken extensively on these topics and many others. Andreas also advises clients on corporate compliance programmes that conform to local as well as global government standards, and has handled key strategic merger-notification questions, including evaluation of filing requirements, avoidance strategies, cross-jurisdictional cooperation, and the like.

What We Discussed in This Episode:

• Is there opportunity for cooperation between the U.S., Europe, and China on global health issues? How would that cooperation impact African countries?
• What new memorandum of understanding did the African Continental Free Trade Area (AfCFTA) and Common Market for Eastern and Southern Africa (Comesa) enter into and what does it mean?
• Who is trying to invest in Africa to help address the severely degraded agricultural situation and food supply?
• Can there ever be true independence from hegemons? What is likely to result among the various African countries?
• If there is a rush to cooperation, affiliation, and investment in African economies, which countries are likely to make those moves?
• Why did Twitter choose Ghana over Nigeria as the location for its Africa base?

Contact Information:

Africa Antitrust & Competition News and Analysis

Primerio website

Andreas’s biography

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The U.S. government will have its hands full in the second quarter of 2021. From President Biden’s recently unveiled $2 trillion dollar infrastructure plan meant to rebuild and reshape the economy to Congressional regulation of Big Tech companies, we’re joined by U.S. government experts and lobbyists Elizabeth Frazee and Chani Wiggins to discuss some of the Federal, legislative, and judicial issues on the agenda.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

Chani Wiggins has leveraged 16 years of federal government experience to assist clients with various policy interests in Congress and within the Administration. Since September 2010, Chani has represented clients with priorities in national security, telecommunications and technology, and energy policies. She also serves as a strategic advisor for the Government & Technology Services Coalition (GTSC), an organization of small and mid-sized company executives that develop and implement solutions for the federal homeland and national security sector.

What We Discussed in This Episode:

• What is the Biden Administration hoping to accomplish with the proposed infrastructure package?
• Where will the money to fund this trillion-dollar infrastructure plan come from?
• How necessary are the suggested provisions in Biden’s plan? Are some provisions too far-reaching?
• What hesitations do Republicans have regarding this package?
• Which industries stand to benefit from the infrastructure plan?
• What are some recent developments in Congress regarding the regulation of big tech platforms?
• Why is Congress considering passing legislation to regulate Big Tech companies as opposed to relying on enforcement of well-established laws?

Contact Information:

TwinLogic Strategies website

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As the world emerges from the global economic shut down that occurred in 2020 due to the pandemic, many multinational companies are facing production issues and supply shortages. The challenge, in 2021, will be for companies to strengthen their supply chains and explore domestic manufacturing alternatives. Joining me for this conversation is Seoul, Korea-based attorney and Asia markets expert, Paul Kim, to explore these supply chain challenges and new economic opportunities in Q2.

Paul Kim graduated in Economics from the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discussed in This Episode:

• How has the increased demand for certain goods like computer chips, driven by the pandemic, affecting the manufacturing and shipping industries?
• How much of an impact did the recent blockage of the container ship in the Suez Canal have on the flow of shipments worldwide?
• Which industries are currently experiencing supply shortages and why?
• Will these supply chain issues around the world likely lead to a redirection of production locations?
• Will there be an increase in domestic and regional production reliance?
• Is there room for greater collaboration and integration between Asian and Western countries in the future?

Contact Information:

Email: pkim@sheppardmullin.com

Paul’s Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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2020 brought about rapid change in the American healthcare industry. Many hospitals and healthcare providers are turning to mergers as a means of providing improved health services to the population at scale. These consolidations, however, do not occur without setting off antitrust alarms. In this episode, we’re exploring the current state of the U.S. healthcare system and the application of antitrust regulation in this space.

Joining me for this conversation is John D. Carroll. John is a partner in the Antitrust & Competition Practice Group in the Sheppard Mullin Washington, D.C. office. John’s practice focuses on civil and criminal antitrust matters, including mergers & acquisitions, strategic counseling and compliance, and global cartel investigations, where he represents clients before the Department of Justice Antitrust Division, Federal Trade Commission, and international and state antitrust enforcement authorities.

What We Discussed in This Episode:

• In what way was the revenue of American healthcare providers impacted in 2020?
• Despite the non-profit status of many hospitals, how might these entities trigger antitrust regulation?
• What is required in order to provide healthcare across a population of people?
• What is value-based care?
• How do hospital consolidations affect commercial payors (insurance companies)?
• What must the Federal Trade Commission present when bringing an antitrust case against an insurance company?
• What type of joint venture relationships, both traditional and non-traditional, are developing between various healthcare providers?

Resources Mentioned:

In the Matter of Thomas Jefferson University

Webinar presented by John - Vertical Deals in Healthcare: Key Antitrust Takeaways (4.27.2021) Contact Information:

John’s Sheppard Mullin attorney profile

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The U.S.-China relationship continues to be a contentious one. Tensions over trade, technologies like 5G networks, and other issues flared over the past few years. What changes to international relations, if any, can the new presidential administration bring about, and what policies from the former administration will have lasting implications?

Joining me for this discussion are attorneys and global commerce specialists, Scott Maberry and Reid Whitten.

Scott Maberry is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the Sheppard Mullin Washington, D.C. office. Scott counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies including antidumping and countervailing duty (AD/CVD) matters, and Customs.

Reid Whitten is the Managing Partner of Sheppard Mullin's London office, practicing in international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office. He is also Leader of the Sheppard Mullin CFIUS Team. Reid is a thought leader on cross-border business regulations. Reid is an Adjunct Professor at the New College of the Humanities in London and at Wake Forest University in the U.S., where he teaches courses on the law of international business. He is the lead author and editor of The CFIUS Book and is the head of the firm's CFIUS Team.

What We Discussed in This Episode:

• How did the Trump Administration’s international trade policies shape the relationship between China and the U.S. today?
• What major changes in export controls began under the former administration?
• What lessons can be learned from the Federal lawsuits involving WeChat and TikTok?
• How can the U.S. get out of an economic war with China?
• What might be the impact of China’s blocking statutes and their attempt to subvert U.S. sanctions?
• What capacity do China and the U.S. each have to navigate the fight for economic preeminence and potentially reach a resolution?
• What labor rights provisions are included in the U.S.-Canada-Mexico agreement and how do those provisions affect the relationship between the three countries?
• What trends can be seen in foreign direct investment?

Contact Information:

Scott’s Sheppard Mullin attorney profile

Reid’s Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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From due diligence to post-acquisition, there are various labor and employment issues that businesses should pay attention to in order to ensure smooth corporate transactions and integrations. Employee classifications and trade secret protections are two of several issues we explore in this episode with labor and employment law experts Kevin Cloutier and Shawn Fabian.

Kevin Cloutier is a partner in the Labor and Employment and Business Trial Practice Groups at Sheppard Mullin. He is the Leader of the Firm's Non-Compete and Trade Secrets Teams. Kevin is a member of the Firm’s Diversity and Inclusion and Compensation Committees and acts as the hiring partner for the Firm's Chicago office. Kevin’s national practice focuses on all areas of labor and employment law and business litigation, with an emphasis on high-stakes, employment-related litigation and proactive investigations and counseling of management-side clients.

Shawn Fabian is a partner in the Labor and Employment Practice Group in the Sheppard Mullin Chicago and New York offices. Shawn works closely with the firm’s Corporate Practice Group on mergers and acquisitions to evaluate the labor and employment liabilities associated with a specific transaction; develop pragmatic, business-oriented solutions to issues that arise during the course of fast-paced transactions; and structure sophisticated executive employment, separation and retention bonus agreements in connection with such transactions.

What We Discussed in This Episode:

• What do corporate leadership teams need to know about labor and employment in the context of corporate transactions?
• Why employee classification is an important item on the due diligence checklist during an acquisition?
• How can the structure of an acquisition (asset vs. stock) protect against future liabilities?
• Why is it important to assess the potential liability of employees and their successors?
• How are a company’s trade secrets best protected during corporate transactions?
• What are the various types of agreements needed?
• Can due diligence uncover issues that could affect the price of the transaction?
• What labor and employment discoveries made during the due diligence phase could affect transaction insurance?
• Why is it important to pay attention to the language of purchase agreements?

Contact Information:

Kevin’s Sheppard Mullin attorney profile

Shawn’s Sheppard Mulling attorney profile

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The U.S. Senate has introduced legislation that presents dramatic changes to the current state of U.S. antitrust law, driven by the assumption that Big Tech as it has evolved currently constitutes a series of defined market monopolies. But the Economist recently questions whether that assumption should be reconsidered given the rise in shares of second and third firms in these markets over the past five years. Adding to any reconsiderations is the intensifying and game-changing competition among the Big Tech industries and the abundance of Big Tech newcomers which poses the question of whether the current market structure is really one of hyper-competitive Big Tech oligopolies rather than monopolies.

In this context, Tom and Bill join me in discussing the question of whether America’s 125 year old competition policy, developed through common law applied to actual controversies sorting the American experience, isn’t the more appropriate enforcement mechanism to apply in the American marketplace. We assess the current adequacy of those laws to address Big Tech concerns, the political source of those concerns, the legitimacy of those concerns, and the impacts of the antitrust reforms the American Congress has presently proposed.

Thomas Dillickrath is an Antitrust & Competition partner in Sheppard Mullin’s Washington, D.C. office, focusing on antitrust litigation and merger investigations. Prior to joining the firm, he served as Deputy Chief Trial Counsel at the Federal Trade Commission’s Bureau of Competition. During his time at the FTC, Tom litigated antitrust cases brought by the FTC involving mergers and acquisitions and other business practices affecting U.S. consumers.

Bill Margeson is an associate in the Antitrust and Competition Practice Group in Sheppard Mullin’s Washington, D.C. office. Bill has litigated antitrust, intellectual property, and other disputes in federal and state court and in the International Trade Commission under Section 337. Bill also has criminal litigation experience, including in grand jury investigations related to price fixing and fraud. Prior to law school, Bill worked in the public policy field.

What We Discussed in This Episode:

• Are the courts the most qualified to deal with the unique developments in antitrust laws in the U.S.?
• How are current economic, social, and political climates affecting antitrust laws?
• Is the notion that “big is bad” a belief held by both governmental parties?
• How should monopolies be dealt with? Should the government regulate? Should any type of regulation be industry specific?
• What new rules is the American Congress attempting to impose in this area?
• What is Senator Klobuchar’s antitrust bill proposing? How will it affect competition if passed?
• Has the Supreme Court completely abandoned the application of the essential facilities doctrine?

Resources Mentioned:

The Curse of Bigness: Antitrust in the New Gilded Age by Tim Wu

Goliath: The 100-Year War Between Monopoly Power and Democracy by Matt Stoller

Monopolies Suck: 7 Ways Big Corporations Rule Your Life and How to Take Back Control by Sally Hubbard

Verizon Communications, Inc. v. Law Offices of Curtis Trinco, LLP

Contact Information:

Tom’s Sheppard Mullin attorney profile

Bill’s Sheppard Mullin attorney profile

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Joining me this week for the podcast quarterly check in with Europe is International Competition specialist Oliver Heinisch from London. We discuss the “New Europe,” tracking immediate impacts of Brexit on the United Kingdom (UK) and European Union (EU), and forecast the near-term future, from a legal and regulatory standpoint impacting international business. We also discuss the European Union’s Digital Markets Act, making its way through the legislative process in Brussels, but already enacted in Germany, Europe’s largest market.

Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s London and Brussels offices. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discussed in This Episode:

• How was President Biden’s presentation at the G7 summit received by other countries?
• What are the latest updates on Brexit? How will the UK continue to develop it’s economy as it exits the European Union?
• What about antitrust law in the European Union and the UK? Will there be any similarities in regulation and enforcement? Any differences?
• Will financial sectors grow in strength in the UK in the upcoming years?
• What is the UK doing to attract and keep European multinational companies doing business in the UK?
• Is there likely to be collaboration between the UK and the EU on issues like free trade?
• How are nations in the EU and the UK driving advancements in the digital markets?
• What are the criticisms of the Digital Markets Act?

Contact Information:

Oliver’s Sheppard Mullin attorney profile

oheinisch@sheppardmullin.com

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Cyberattacks have become big business, from the standpoint of both the attackers and attorneys pursuing liability compensation from corporate attack victims. Threat actors range well beyond hacker cults of old, now including sophisticated state actors, large businesses organized for the very purpose of cyber breach and theft, and complex threat networks that aggregate information formerly treated as innocuous. Ransomware is changing the state of cyber insurance, and both National and State regulations across the globe are entering the field to govern the conduct of business victims in this climate, both in terms of ransom payments themselves, and subsequent obligations to persons whose information goes out the pipes. Breaches, in short, are now a ubiquitous part of the multinational business landscape, and failing to test system vulnerability can present existential risk to any global business organization. We’re joined by attorney and cybersecurity expert Kari Rollins to discuss what companies can, and in some cases must, do to prepare for a potential cyber attack.

Kari M. Rollins is a partner in the Intellectual Property Practice Group and an Office Managing Partner of the Sheppard Mullin New York office. Kari focuses on data privacy and data security, and complex commercial litigation matters. She has successfully represented clients in the financial services, audit and accounting, retail and fashion, food services, hospitality, manufacturing, and technology industries before state and federal courts, as well as in front of state attorneys general, federal regulators, and U.S. and international commercial arbitration forums.

What We Discussed in This Episode:

• What are 5 truisms companies should understand when evaluating cybersecurity or data breach risks?
• Are there certain types of businesses that are at greater risk for attacks?
• How can you best understand and abide by your security and privacy obligations as a business?
• Regardless of the systems in place, how can companies account for human error?
• Why training, auditing, and compliance with cybersecurity standards should be part of any incident response plan?
• What are some of industry-specific audit and compliance obligations?
• How can you prepare your “cybersecurity story”?
• Can there be more than one threat actor involved in an attack?
• What are several preparedness steps to avoid modern developments in ransomware?
• For companies that are attacked, how can they make proper payment in order while avoiding further attacks?

Contact Information:

Kari’s Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Africa is a continent of 1.2 Billion people. From a consumer potential standpoint it matches China or India. Yet historically, it has suffered from its colonial past, and current fractured hostility and corruption. Africa, however, is emerging, and is quickly accelerating into the 21st Century marketplace both from an investment and growth opportunity. From the digital revolution and increased free trade, to innovation in various industries, Africa may be the next market frontier to unfold into accelerated multinational presence. We’re joined by Africa competition and markets expert, Andreas Stargard, as he shares his insight to help multinationals navigate the African landscape.

A co-founding senior member of Primerio, a business advisory firm helping companies do business within Africa from a global perspective. Andreas Stargard is legal, strategic, and business advisor to companies and individuals across the globe. He focuses on antitrust and competition advice, white-collar counseling, contract dispute and negotiation, and resolution of global business disputes, including cartel work, corruption allegations and internal investigations, intellectual property, and distribution matters. He has written and spoken extensively on these topics and many others. Andreas also advises clients on corporate compliance programmes that conform to local as well as global government standards, and has handled key strategic merger-notification questions, including evaluation of filing requirements, avoidance strategies, cross-jurisdictional cooperation, and the like.

What We Discussed in This Episode:

• What do the Africa markets look like from a multinational business opportunity perspective?
• Which countries in Africa have established markets? Which ones have growth potential?
• How and why has China’s investment and influence across Africa intensified over the last couple of decades?
• What type of digital revolution is taking place in Africa?
• Is there a huge opportunity for mobile money on the continent?
• How is free trade shaping up across the African continent? How do the AfCFTA’s goals tie in?
• What Free Trade cooperation agreements exist among the East, West and South African nations? Will they succeed?
• Where is Africa leading innovations?
• How will African wars and corruption impact its ability to grow a multinational marketplace?

Contact Information:

Africa Antitrust & Competition News and Analysis

Primerio website

Andreas’s bio

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Digital platforms and companies have transformed the world in ways no other industry has done before in such dramatic ways. However, these platforms have transitioned from alternative channels to major players (and often, the only players) in many sectors of the economy, raising antitrust issues. Joining me for this conversation are two experts, Robert Klotz and Ciara Barbu-O’Connor, and we’re exploring how the European Commission is regulating the rise of tech giants.

Robert Klotz is a partner in the Antitrust & Competition Practice Group in Sheppard Mullin’s Brussels office. Robert concentrates on all aspects of EU and German competition and regulatory law and represents clients before the European Commission and national authorities, with a particular focus on network industries, such as energy, telecommunications, post and transport.

Ciara Barbu-O'Connor is an associate in the Antitrust and Competition Practice Group in Sheppard Mullin’s Brussels office. She is a member of the firm’s EU Competition & Regulatory practice and advises on all aspects of European, UK and Belgian competition law, including mergers, cartels, abuse of dominance as well as State aid across all sectors and industries.

What We Discussed in This Episode:

• What was the progression of the European experience with digital tech platforms?
• How is the European Commission approaching merger controls of tech giants?
• What does enforcement of antitrust laws look like on the EU level?
• What are some ways Europe is filling enforcement gaps?
• While the EU has sanctioned acts in the past, now they’re look at implementing regulation ahead of time. Is this a better way to approach enforcement?
• What does the current shift in antitrust enforcement in European markets look like compared to North American markets?
• Which European countries prefer to strengthen antitrust rules as opposed to introducing regulation?
• What is the essential facility doctrine?
• What should multinational companies know about the European Commission’s proposed Digital Markets Act?
• What is the criteria for a company to be designated a “gatekeeper” thus triggering potential antitrust action?

Contact Information:

Robert’s Sheppard Mullin attorney profile

Ciara’s Sheppard Mullin attorney profile

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Music royalty investments have become a big global business. For investors looking for a growing industry to tap into, the music royalty market might be it. Will a flood in investment funds impact the music business overall? We’re exploring how the recent flurry of investment money into this market will continue to impact the industry.

Joining me for this conversation is Sid Fohrman. Sid is a partner in Sheppard Mullin’s acclaimed Entertainment and Digital Media Practice Group and Leader of the firm’s Music Industry Team, and Leader of the firm's Esports Industry Team. Sid represents a diverse client base comprised of public and private companies, on and off-screen talent, artists, influencers, and entrepreneurs across the full spectrum of the entertainment industry, including, music, esports, fitness, sports, technology, event, film and television industries.

What We Discussed in This Episode:

• What rights are included in any royalty deal?
• Why is the royalty investment market so hot right now?
• How is music streaming affecting royalty investment?
• Why are music royalties a smart investment for savvy investors?
• Are these types of investments more appealing and safer than other types of traditional investments like bonds?
• Is there potential for a flood of big investment money to impact the music business in general?
• Why is music publishing an appealing investment?
• How are catalogs valued?
• What other factors are driving the explosion in music royalty investments?
• Will newer artists see investment money come their way?

Contact Information:

Sid’s Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Intellectual property rights provide intangible yet valuable assets that multinationals can leverage in the 21st century. One such exclusive property right is trade secrets. Almost every business has the potential to create trade secrets. What is a trade secret and how can companies acquire and, more importantly, protect these intellectual property rights?

Joining me for this conversation is Robert Friedman, who provides a roadmap for employers looking to properly care for, protect, and possibly defend their company trade secrets.

Robert is a partner and Practice Group Leader of the Business Trial Practice Group and is based in the Sheppard Mullin New York office. He is also head of the firm’s South Asia team and a member of the White Collar and International Arbitration groups. Robert focuses on business and corporate litigation matters and internal investigations. He has tried over 70 cases and regularly represents financial institutions, technology companies, media companies and litigation trustees in significant business disputes, including those involving trade secrets, software theft, non-compete, securities and license agreements.

What We Discussed in This Episode:

• What is a trade secret?
• Is there an intersection between trade secrets and patents?
• Are there mechanical checks that companies must follow to maintain their trade secrets?
• How can companies enforce and defend against trade secret violations?
• What type of actions give rise to trade secret disputes?
• What are some considerations a potential trade secret plaintiff should consider prior to filing a complaint?
• If a company finds itself as a defendant in a trade secret lawsuit, what protocols should it follow to help their case?
• How should a company approach arbitration when dealing with international litigation?
• What are some general guidelines companies should follow to ensure proper care and protection of trade secrets?

Contact Information:

Rob’s Sheppard Mullin attorney profile

rfriedman@sheppardmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The relationship between the U.S. and China has deteriorated over the last four years. Barely missing a beat from the coronavirus pandemic, China is the only major world economy to post positive growth during the pandemic period, at a rate of 10% at that. China is now 1/6th larger than the U.S. economy measured by Purchasing Power Parity (PPP), and is projected to outpace the U.S. economy by 135% in just three years’ time, by 2024. China, moreover, has almost completely displaced the U.S. as the lead trade partner for most nations around the world, toppling the U.S. from that perch with Germany just last year. And China, as the new Asia Pacific Hegemon, recently formed the Regional Comprehensive Economic Partnership, with virtually all Asia Pacific nations, including historically Japan and Korea. Joining me for this conversation is Seoul, Korea based Paul Kim, to explore the potential turbulence between a once-hegemonic U.S. and the now-hegemonic China. Paul also shares updates from other Asian countries that might affect multinationals doing business in Asia.

Paul is graduated in Economics from the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discussed in This Episode:

• What is the global perspective on China’s economic assent juxtaposed to the U.S. “disintegration”?
• Did the coronavirus accelerate China’s growth?
• Is Purchasing Power Parity (PPP) a better measure of economic power?
• What does the recently signed Regional Comprehensive Economic Partnership (RCEP) trade agreement symbolize in the Asian region?
• What does the RCEP accomplish for signatory countries?
• How will the Biden administration deal with Asia now that it has been entirely excluded from the Trans-Pacific Partnership (TPP) it once worked for decades to initiate?
• How can multinational companies integrate into the Chinese economy now and take advantage of business opportunities generally and under the RECP?
• How are Japan and Korea performing economically in this pandemic era and what sectors are booming in those countries?

Resources Mentioned:

Graham Allison article - “China is Now the World’s Largest Economy. We Shouldn’t Be Shocked.”

Contact Information:

Email: pkim@sheppardmullin.com

Paul’s Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Artificial intelligence (AI) is making a significant impact on how businesses utilize technology and is further the object of a currently estimated $13 Trillion economic arms race between the world’s leading economies from Asia to Europe and North America. Developments in 2020 have been nothing short of revolutionary, breaking through where human achievement has been wallowing for decades. And AI is now in the realm of the multinational world, with major companies leading both innovation and adoption. This episode features a conversation with Siraj Husain about the AI developments businesses need to know about from 2020, with a near term look ahead in 2021, focusing on the nature of business AI, its adoption and risks.

Siraj Husain is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Palo Alto office. Siraj focuses his practice on intellectual property and patent strategy in various technical areas with an emphasis in software and artificial intelligence. With an undergraduate degree in Computer Science, and over a decade of legal experience representing computer technology companies, Siraj helps clients, large and small, build and manage valuable patent portfolios in the United States and abroad.

What We Discussed in This Episode:

• What is artificial intelligence and how is it being applied in the business world?
• What are the two main techniques that dominate the AI world?
• What are neural networks?
• What three major developments in technology occurred in 2020?
• Will advancements in AI ever be created by AI itself and not by humans?
• Is there bias in AI?
• What risks exists for businesses that are adopting AI? How can they mitigate against any associated risks?
• What new developments in AI can business leaders expect in 2021?

Contact Information:

Siraj's Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Welcome back to a new year and a new Nota Bene episode. In this Episode, we’re joined by two U.S. political experts and lobbyists to explore several of the potential issues facing the 117th Congress under President-Elect Biden’s leadership. My guests today are Elizabeth Frazee and Chani Wiggins of TwinLogic Strategies.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

Chani Wiggins has leveraged 16 years of federal government experience to assist clients with various policy interests in Congress and within the Administration. Since September 2010, Chani has represented clients with priorities in national security, telecommunications and technology, and energy policies. She also serves as a strategic advisor for the Government & Technology Services Coalition (GTSC), an organization of small and mid-sized company executives that develop and implement solutions for the federal homeland and national security sector.

What We Discussed in This Episode:

• Will we see a more optimistic and productive note in the U.S. in 2021?
• Is President-Elect Biden likely to work well with both sides of the aisle?
• What are some issues that will be addressed by this year’s Congress?
• Where will President-Elect Biden likely focus his energy in the first year?
• Does President-Elect Biden’s long service in the Senate command greater respect from Congress members?
• When it comes to environmental issues, is Congress willing to return to passing legislation again?
• What will happen with international trade?
• How will cybersecurity and privacy legislation be addressed?
• Will there be continued scrutiny of technology companies?

Resources Mentioned:

In a Different Voice by Carol Gilligan

Contact Information:

TwinLogic Strategies website

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Company investors and consequently, corporate boards, are acknowledging the importance of implementing good environmental, social, and governmental (“ESG”) policies to help mitigate risk, attract quality leadership, and establish satisfied employees. In this episode, we’re exploring the benefits of implementing ESG’s for all corporate stakeholders.

Joining me for this conversation are two guests, Allison Troianos and Ariel Yehezkel.

Allison Wu Troianos is an associate in the Corporate Practice Group in the Sheppard Mullin New York office. Allison’s practice focuses on advising companies on a broad range of corporate transactional matters, including mergers and acquisitions, private equity transactions, venture capital financings and corporate governance.

Ariel Yehezkel is a partner in the Sheppard Mullin New York office. He is the Practice Group Leader of the firm’s Corporate and Securities Practice Group. He concentrates his transactional practice on domestic and cross border mergers and acquisitions, leveraged buyouts, growth capital, minority investments, financing, joint ventures, equity arrangements, and general corporate matters.

What We Discussed in This Episode:

• What are environmental, social, and governmental considerations and why are investors paying closer attention to them?
• How did ESGs develop over the years?
• Are there mandatory rules in the U.S. regarding ESG compliance?
• What steps is the European Commission taking to institute regulations around ESGs?
• Why are investors showing a preference towards companies with established corporate ESGs?
• How are private equity companies establishing criteria for investment funds based on ESGs?
• Is there a connection between improved financial performance and implementation of company ESGs?
• Why are ESGs a greater force for change than government regulation?
• How can companies start integrating ESG plans into their businesses?
• Is there tension between the planning and implementation of ESGs?
• How are professional service providers like law firms integrating ESGs in their own industry?
• How do ESGs appear in public companies?

Resources Mentioned:

2020 Blackrock letter to CEOs

Contact Information:

Allison’s Sheppard Mullin attorney profile

Ariel’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Our Asian markets expert, Paul Kim, joins the conversation with updates on the recovery efforts post-pandemic in Asia. We further explore China’s rise as a dominant figure in the world economy, the impact of the U.S.-China trade war on multinational companies, and the progress of Eastern countries despite COVID setbacks.

Paul is a graduate of the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discussed in This Episode:

• How is Asia’s economic progress different than the progress (or lack thereof) in the U.S. post-pandemic?
• What is the common view and reaction of those in Eastern countries of how COVID was handled in the U.S.?
• What are some of the safety measures still being followed by individuals in Asian countries despite decreased COVID cases?
• How is China’s economy pulling ahead of the U.S.’s with the signing of the latest Asia-Pacific trade deal?
• Why are multinational companies being forced to choose between doing business in the U.S. or in China?
• Is the conflict between the U.S. and China regarding trade likely to continue after the U.S. election is settled?
• What is the impression in the East of how the U.S. election developed?
• As China moves closer to a One-China policy, does it have a more political and economic advantage over the West in becoming a harbor for the rest of the world?

Resources Mentioned:

Guns, Germs, and Steel: The Fates of Human Societies – Jared Diamond

Contact Information:

Email: pkim@sheppardmullin.com

Paul’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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For our Quarterly European check in, we’re looking at the latest updates with Brexit and the impact on multinational companies. We’re also discussing the regulation of Big Tech companies in the European Union (EU) and exploring if Europe is entering a new era of national security trade regime in line with other jurisdictions across the globe.

Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s London and Brussels offices. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discussed in This Episode:

• What will a no-deal Brexit mean for multinationals doing business across Europe and the U.K.?
• Has the United Kingdom’s “hard ball” negotiating stance harmed its exit from the European Union?
• How are professional services, including the legal profession, impacted by Brexit?
• How can companies prepare for the changes accompanying Brexit?
• Is there likely to still be a Brexit deal? If so, what type of deal will it be?
• How has the relationship between the U.S. and Europe changed over the years?
• Are there shared values between the U.S. and Europe when it comes to regulation of Big Tech?
• How will the European Union ultimately regulate digital platforms? How does that enforcement plan compare with other international jurisdictions?
• Are we entering into a new era of national security trade regimes? How does Europe plan to implement national security trade regulation schemes?

Contact Information:

Oliver’s Sheppard Mullin attorney profile

oheinisch@sheppardmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The conversation about diversity and inclusion in the legal profession has become an increasingly significant and dire one. It’s time for the legal profession to take responsibility for implementing initiatives that ensure a diverse and inclusive industry. What can the American Bar Association as well as individual lawyers do to recognize the profession’s duty to promote equality? My guest in this episode offers a significant solution in the form of a new ethical rule.

Joining me for this conversation is David Douglass. David is Managing Partner of Sheppard Mullin’s 100-lawyer Washington, D.C. office and a partner in its Government Contracts, Investigations and International Trade Practice Group. He defends companies in criminal and civil investigations and litigation. For more than three decades, David has drawn on his criminal and civil trial experience to advise and represent healthcare and life sciences companies, government contractors and other highly regulated business in government investigations, litigation and, of course, trial. David is often lead trial counsel in federal courts, including Washington, D.C., Maryland, Virginia and New York. He defends companies and individuals in criminal and civil, False Claims Act (whistleblower), investigations and litigation.

What We Discussed in This Episode:

• Why does the American Bar Association need to push for diversity?
• What are the moral, ethical, and business arguments in favor of greater diversity in the legal profession?
• Is there a business case for increased diversity in the profession?
• How can non-diverse lawyers participate in the diversity and inclusion efforts?
• What higher value system do lawyers owe fidelity to and how does that show up in our ethical responsibilities?
• How can the American Bar Association help recognize the legal profession’s duty to promote equality?
• Can equality changes in the legal profession influence other industries?
• Do lawyers have a social responsibility and obligation to expand the compact of equality?

Resources Mentioned:

David Douglass and Amber Thomson’s ABA article - Signposts In The Road: The Lawyer's Ethical Obligation to Promote Diversity In the Legal Profession

Contact Information:

David’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As European Union State aid rules evolve in their efforts to “level the playing field” among member states, we’re examining the impact of current events like COVID-19 and Brexit on general State aid rules and discussing anticipated future policy changes. Joining me for this conversation are two guests, Jacques Derenne and Robert Klotz.

Jacques Derenne is the Co-Leader of Sheppard Mullin’s Antitrust and Competition Group and the head of the EU Competition & Regulatory practice at Sheppard Mullin’s Brussels office. He is a member of the Brussels and Paris bars. He is also a Professor at the University of Liège and at the Brussels School of Competition.

Robert Klotz is a partner in the Antitrust & Competition Practice Group in Sheppard Mullin’s Brussels office. Robert concentrates on all aspects of EU and German competition and regulatory law and represents clients before the European Commission and national authorities, with a particular focus on network industries, such as energy, telecommunications, post and transport.

What We Discussed in This Episode:

• What is European Union (EU) State aid, and why does it exist?
• How does State aid ensure EU market integration?
• How is EU State aid different than U.S. government incentives?
• Does the European member state populace understand the connection between the linked EU economies and the successful avoidance of war throughout history?
• What is the EU doing to mitigate the impact of COVID-19 on State aid?
• Will Brexit affect State aid in any way? If so, how?
• How is the European Commission controlling foreign (non-EU) subsidies and why?
• How are current reform discussions going?
• What are some criticisms of EU controls?
• Will there be added stress on the EU as China emerges as a world economic leader?

Contact Information:

Jacques’s Sheppard Mullin attorney profile

Robert’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The Earth’s climate is changing. With unprecedented fires in California and the State’s litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry’s inability to curb aircraft emissions, the current dire question becomes: Is there hope for the future of our planet?

To help us answer that question is my guest Nicholas W. (“Nico”) van Aelstyn. Nico is a partner in the Real Estate, Land Use and Environmental Practice Group in the Sheppard Mullin San Francisco office. Nicholas has more than 25 years of environmental counseling and litigation experience. His environmental compliance counseling practice focuses on climate change, Brownfields redevelopment, sustainability and other regulatory and transactional matters.

What We Discussed in This Episode:

• Why was there no deal reached during the Madrid Conference of the Parties (COP) regarding sequestering carbon emissions?
• How did the Covid pandemic affect the airline industry’s efforts to curb international aircraft emissions?
• Does the international community have any recourse to assist in the protection of the Brazilian rainforests?
• How have unprecedented climate events in California impacted federal and state disputes?
• Is it fair to say that the cause of the recent California fires is the State’s mismanagement of the forests?
• What does the Clean Air Act waiver provide, and what limits does it place on the Federal government’s preemptive rights?
• What does California’s cap and trade program entail?
• How is a compact different than a treaty?
• What are the four requirements of the linkage emissions treaty?
• What are the two types of Federal preemption?
• Why combatting global climate change will require a massive amount of investment of capital

Contact Information:

Nico’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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We are celebrating our 100th episode of the Nota Bene podcast by welcoming back our very first guest on the show, Scott Maberry, to examine the shifts over the past three years away from the world economic order that has existed since the end of World War II, with an emphasis on current U.S.-China relations.

Scott Maberry is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. Scott counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies including antidumping and countervailing duty (AD/CVD) matters, and Customs.

What We Discussed in This Episode:

• How has the U.S. global strategy shifted over the past three years away from the the world trade order that the U.S. established in the 70 years since World War II?
• What are the latest updates on U.S.-China relations?
• What changes does President Trump’s national security strategy present to world trade?
• Is China’s economic rise a threat to U.S. hegemony? Why or why not?
• How is the semiconductor manufacturing industry an indication of China’s strategic economic moves?
• How has China’s role in the new World Trade Order changed over the Trump era?
• Did the U.S. “win” or “lose” the trade battle with China?
• How is the trade war with China creating a loss for both sides?
• Can America continue to lead the world in any area as a divided nation? How will its divisions impacts its role in world trade and economy going forward?
• How does social media impact people’s understanding of changes in the world economy?
• How interdependent is China?

Resources Mentioned:

The Social Dilemma documentary on Netflix

AI Superpowers: China, Silicon Valley, and the New World Order by Kai-Fu Lee

Contact Information:

Scott’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As we pivot into the next generation of technology for the 21st century, we’re taking a look at the only intellectual property rights to be mentioned in the U.S. Constitution – patents. We’re joined by Rob Masters to explore how patent litigation has evolved over the years, how it continues to develop, and how the courts and the American Congress have impacted the value of the American patent in the modern era.

Robert Masters is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Washington, D.C. office. He focuses his practice on intellectual property law, routinely handling patent, trade secret, copyright and trademark/trade dress litigation in courts throughout the U.S., before the International Trade Commission, before the U.S. Patent Trial and Appeal Board (PTAB), and before international arbitration tribunals across the globe.

What We Discussed in this Episode:

• How has the value of the patent evolved over time?
• What happens if an injunction is issued against a patent holder?
• What two litigation venues in the U.S. are the least friendly to patent infringement defendants and why?
• What did the Supreme Court decide in Ebay v. Mercantile and how did that decision affect patent injunctions?
• What are non-practicing entities and what effect do they have on patent litigation?
• How did the court define “willful infringement" in the Seagate case?
• How did the 2011 American Invents Act and inter party review process develop?
• According to Section 101 from the Alice v. CLS Bank decision, what subject matter is eligible to be a patent?
• What is the current state of patent eligibility?
• Why do Standard Essential Patents matter so much?
• Are there certain countries that are more favorable to patent filings?

Resources Mentioned:

Intellectual Property Outlook: Cases and Trends to Follow in 2020

Contact Information:

Rob’s Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The United States Supreme Court infrequently hears antitrust cases but when it decides to hear a case, the Court has the power to shape the framework of American antitrust laws. In this episode, we’re examining the implications of the Supreme Court’s recent decision in the 2019 Apple Inc. v. Pepper case and the role of the Court in bringing antitrust laws in alignment with modern economic understanding.

Joining me for this conversation are two guests: Thomas Dillickrath and Bevin Newman.

Thomas Dillickrath is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s Washington, D.C. office. Tom focuses on antitrust litigation and merger investigations. Prior to joining the firm, he served as Deputy Chief Trial Counsel at the Federal Trade Commission’s (FTC's) Bureau of Competition.

Bevin Newman is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s Washington, D.C. office. She focuses much of her practice in the healthcare industry, bringing over 20 years of experience advising and defending globally renowned health systems, academic medical centers, providers, payers and pharmaceuticals companies undertaking significant transactions, including mergers and acquisitions, joint ventures, intellectual property licenses and innovative alliances, as well as on conduct matters.

What We Discussed in This Episode:

• What role does the U.S. Supreme Court play in the development of antitrust policy?
• What is “evolutionary jurisprudence” and how does that show up in today’s antitrust laws?
• Are courts best suited for deciding complex questions of domestic competition policy?
• Do countries like China, Japan, and various countries in Europe have tighter control over the application and enforcement of their competition statutes than the U.S. system?
• What is at the heart of the one antitrust case that the Supreme Court heard in 2019, Apple Inc. v. Pepper?
• What did the Supreme Court decide in the Apple Inc. v. Pepper case, and what effect will the Court’s decision have on antitrust laws?
• Has the long-standing Illinois Brick Co. direct purchaser rule been changed by this Apple Inc. decision?
• Is the Supreme Court departing from where it has been on antitrust laws up to this point?

Resources Mentioned:

U.S. Courts Annual Review: Supreme Court article

Contact Information:

Tom’s Sheppard Mullin attorney profile

Bevin’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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There is a massive transformation taking place with the U.S. energy infrastructure. As renewable energy increases in importance and continues to displace oil and gas, we’re taking a closer look at how North America’s energy markets are transforming.

Joining me for this conversation is Mark Sundback. Mark is a partner in the Real Estate, Land Use and Environmental Practice Group in Sheppard Mullin’s Washington, D.C. office. Since 1981, Mark has been engaged in the representation of energy industry participants before federal and state agencies charged with jurisdiction over energy markets and their participants.

What We Discussed in This Episode:

• How is renewable energy disrupting the current North America energy transmission landscape?
• Are renewables replacing natural gas and oil pipelines?
• What changes did Texas implement to its grid and infrastructure?
• If we’re aiming for a renewables-based future, where will the energy need to come from?
• Will it be possible to reach 100% reliance on renewables?
• Will there be certain regions around the world who out-perform other regions in harnessing renewable energies? Why?
• Is there a political element to renewable energy emergence?
• How can multinationals in the oil and gas industries prepare for the impending changes?

Resources Mentioned:

Mark’s article - Federal Energy Regulatory Commission puts renewable energy resources in its crosshairs

Contact Information:

Mark’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Antitrust litigation of cartels in the U.S. is a complex area of law that skilled attorneys must guide their clients through. To fully understand the nuances of this area of law, we’re exploring the development of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) over the years and the growth of cartel litigation in the U.S.

Joining me for this conversation are two guests, Dylan Ballard and Mike Scarborough. Dylan Ballard is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s San Francisco office, where he leads the firm’s San Francisco Recruiting Committee. He is a trial lawyer who specializes in litigating antitrust and competition cases arising under the federal Sherman and Clayton Acts, as well as state antitrust, consumer protection, and unfair competition statutes.

Mike Scarborough is a partner and Practice Group Leader of the Antitrust and Competition Practice Group in Sheppard Mullins San Francisco office. He specializes in complex litigation, with extensive experience handling international cartel investigations, class actions, high-stakes commercial disputes, consumer protection matters, and litigation and investigations at the intersection of antitrust and intellectual property law.

What We Discussed in This Episode:

• What is a cartel?
• Why does the U.S. have an amnesty program for cartels?
• How did the leniency program in the U.S. become a model for jurisdictions around the world?
• How effective has the leniency program been for cartel defense over the years?
• What distinguishes the U.S. response to cartels from the response of other jurisdictions around the world?
• What are the issues associated with signing confession statements?
• What was Congress trying to accomplish when it passed the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA)?
• Who determines if the cooperation given to the civil claimants by the government is satisfactory and timely?
• What cost/benefit analysis must be conducted by claimants prior to seeking amnesty?
• How can the ACPERA statute be improved?

Resources Mentioned:

Dylan and Mike’s article – Amnesty and Its Punishments: ACPERA and the Future of U.S. Cartel Enforcement

Contact Information:

Dylan’s Sheppard Mullin attorney profile

Mike’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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While COVID-19 took the American capital markets by surprise, the resulting impact might be better than expected. We’re taking a look at how American capital markets are faring in these pandemic times, including a closer look at the world of Initial Public Offerings (IPOs) and securities litigation.

Joining me for this conversation are two guests – Jamie Mercer and John Stigi.

Jamie Mercer is a partner in the Corporate Practice Group in Sheppard Mullin’s San Diego (Del Mar) and London offices. Jamie’s practice focuses on corporate law, with an emphasis in U.S. and cross-border capital markets and merger and acquisition transactions.

John Stigi is a partner in the Business Trial Practice Group, leader of Sheppard Mullin’s national Securities Enforcement and Litigation Team, and Office Managing Partner of the firm's Century City office. John's practice focuses on securities class action and shareholder derivative action defense, SEC investigation defense, internal corporate investigations, complex contract and commercial litigation, and M&A and corporate governance litigation.

What We Discussed in This Episode:

• What does the current marketplace for IPO’s look like?
• Will emerging businesses in need of capital succeed in these times?
• Has there been a shift in how IPO’s are formed?
• How has the ability of businesses to list on multiple exchanges been affected, if at all?
• Will the shift to IPO-related meetings that rely on technology like Zoom video conferencing last?
• Has the pandemic affected the volume and quality of securities litigation?
• How could an investigation of PPP loan related inquiries potentially trigger a securities investigation?
• Are there any new special concerns when it comes to disclosures by companies wanting to go public?
• What must companies disclose in their IPO documents now?
• Are there comparative differences between U.S. capital markets and those of international ones?

Contact Information:

Jamie’s Sheppard Mullin attorney profile

John’s Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Multinational boards are facing a major dilemma in response to COVID and its impact on their business forecasting. Many companies are facing insolvency and are left to decide how to approach bankruptcy proceedings. We’re joined by bankruptcy attorney and expert, Edward Tillinghast, to explore what companies can do to protect themselves as they face unprecedented levels of bankruptcy filings and lawsuits.

Edward Tillinghast is a partner and Practice Group Leader of Sheppard Mullin’s Finance and Bankruptcy Practice Group. He specializes in U.S. and cross-border insolvencies, particularly involving Asia, Latin America, and other emerging and developing markets, and related creditors' rights litigation.

What We Discussed in This Episode:

• What do board members have to think about when it comes to filing for bankruptcy in these COVID times?
• How is the economic fallout from COVID different from that of the Great Recession?
• Is there a shift in board fiduciary duties when a company is insolvent?
• Can there be criminal liability for board members and officers for breach of fiduciary duties as a company goes through insolvency?
• What are the various ways companies can protect their directors and officers if there are lawsuits for breach of fiduciary duties?
• Why is it important to have different types of advisors like legal and financial advisors present at company board meetings?
• How did the shift in consumer buying habits lead to the bankruptcy filings early in 2020 prior to COVID?
• Will there be a change in corporate behavior going forward?
• Is there likely to be a rush of bankruptcy filings in the near future and will that slow down the court system?

Resources Mentioned:

Precautionary and Prudency Measures for Boards Addressing COVID-19 Business Uncertainties article

Contact Information:

Edward’s Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Multinational companies face unique challenges when it comes to cybersecurity and privacy regulation compliance, especially those doing business in the European Union. Joining us to share his insight on how to best navigate global cybersecurity and privacy regulations is Spirion Vice President and Senior Counsel for Policy and Compliance, Scott Giordano.

Spirion is a data privacy and security company that builds and delivers data discovery and classification solutions. Spirion is a data privacy and security company that builds and delivers data discovery and classification solutions. Scott Giordano is an attorney with more 20 years of legal, technology, and risk management consulting experience. A subject matter expert on multinational data protection and its intersection with technology, export compliance, internal investigations, information governance, and risk management, he currently serves as Senior Counsel for Privacy and Compliance at Spirion, a leader in rapid identification and protection of sensitive data.

What We Discuss in This Episode:

• What are the two sectors that fall under the data protection umbrella?
• Why do the various sectors and industries in the U.S. have much greater control of privacy regulations?
• Along with federalism, do states have their own authority to create rules regarding cybersecurity and privacy?
• How is it that the European Union is able to move forward with cohesive regulation and the U.S. is unable to so as easily?
• What are the three elements that security and privacy regulations passed by the various U.S. states have in common?
• How are stakeholders coming together in the U.S. to move cohesive regulation forward?
• What is the difference between rights-based vs. risk-based regimes?
• How does the recently issued Shrems II decision affect data protection?
• What is the root of the divergence between the U.S. and the European Union intelligence establishments?
• How should a multinational company navigate the current privacy laws?

Contact Information:

Spirion's website

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As the cannabis industry matures from a nascent one to a dynamic agricultural business, we’re taking a closer look at the impact that a long history of illegality and criminality has had on communities of color. We’re joined by Danielle Moore and Cedric Powell to discuss the various social justice and social equity programs that are being implemented to help combat the disparity that exists in this industry.

Danielle Moore is an attorney in the Corporate Practice Group in Sheppard Mullin’s San Diego (Del Mar) office. She counsels public and private companies through all stages of growth and in transactions that include securities offerings, mergers and acquisitions, joint ventures and debt and equity financings. Danielle represents clients that fall under the technology, life sciences, hospitality, entertainment, utilities and manufacturing industries, among others.

Cedric Powell is an attorney in the Corporate Practice Group in Sheppard Mullin’s Washington, D.C. office. Cedric practices in the areas of corporate law and mergers and acquisitions. He represents private and public companies, investment banks and private equity firms in corporate and transactional matters, including mergers and acquisitions, joint ventures and securities offerings. Cedric has extensive expertise in acquisition transactions on behalf of private equity firms and other buy-out sponsors, as well as firms in the aerospace, defense, technology, manufacturing, automotive and healthcare industries.

What We Discuss in This Episode:

• How is the conversation around social justice relevant to the cannabis industry?
• How have years of illegality and criminality disproportionately impacted communities of color?
• Who is profiting from a now-legal cannabis industry?
• What are some of the general social equity programs that are being implemented?
• Are these social equity programs meant to act like government affirmative action programs? How are they similar?
• How is this burgeoning industry presenting great business opportunities for lawyers?
• Why has cannabis been receptive to experimenting with social equity programs?
• What are some of the shortcomings and challenges to the various social justice programs?
• How can these programs be more effective?

Contact Information:

Danielle’s Sheppard Mulling attorney profile

Cedric’s Sheppard Mulling attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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With tensions between the U.S. and China not likely to de-escalate any time soon, what is likely to happen in the upcoming months regarding the trade war? What would a retaliation by China look like and how would any action affect multinational companies doing business in China? We’re checking in on China and its latest happenings with our local expert, Michael Zhang.

Michael Zhang is a partner in the Corporate Practice Group, Antitrust Practice Group and the Intellectual Property Practice Groups in Sheppard Mullin’s Shanghai office. He has a deep understanding of China’s legal system and business practices. Michael has broad experience in the areas of corporate law, antitrust law and intellectual property law in China.

What We Discuss in This Episode:

• What is the latest update with the trade war with China?
• If tensions between the U.S. and China escalate, what actions might China take against the U.S. that it hasn’t before?
• Is the Chinese government likely to retaliate and economically harm multinational companies doing business in China?
• Will other countries step into the position of primary trading partners with China if tensions continue?
• What could affect the ability of company executives and management to physically tend to their companies in China?
• What has China done to bounce back post-pandemic and how has it managed to report GDP growth?
• How has the internet helped the Chinese economy bounce back?
• Is the way the U.S. is handling reopening schools going to affect the number of international students who decide to attend colleges in the U.S.?
• What is happening in Hong Kong?

Contact Information:

Michael’s Sheppard Mullin attorney profile

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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While most agree that Congress must do something to help the U.S. economy and the American people, there is some disagreement as to how, when, and what needs to get done. That is precisely what we’re exploring in today’s episode. We’re tapping into the current pulse of the U.S. economy in our Q3 check in with Elizabeth Frazee and Jon Meyer.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

Jon Meyer is a partner at Sheppard Mullin and counsels clients on their interactions with federal and state government, as well as cybersecurity, homeland security, Congressional oversight and immigration, among other challenges.

What We Discuss in This Episode:

• What is Congress going to do to help the millions of Americans who need financial assistance and relief?
• Why are certain considerations like whether or not to reopen schools political decisions instead of public health decisions?
• Is Congress likely to afford some funding for schools in the next stimulus package?
• Are we seeing a greater amount of disagreements and division among the Republican party, indicating a shift in American politics?
• What should we expect in the upcoming election cycle? Will there be a transformation of the current make up of Congress?
• What authority does the Department of Homeland Security have to allow them to leverage that authority the way they have been in Portland, Oregon?

Contact Information:

Elizabeth Frazee: elizabeth@tlstrategies.com

www.twinlogicsstrategies.com

Jon’s Sheppard Mullin attorney profile

jmeyer@sheppardmullin.com

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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There is a lot currently happening in the European Union. From the latest European Court opinions with respect to merger clearance, dominance violations, data protection and state aid to Brexit, we’re checking in with our European expert, Oliver Heinisch, to hear the latest developments.

Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s London and Brussels offices. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discuss in This Episode:

• What was the result of the Facebook antitrust case regarding the collection of data in Germany?
• What will Facebook need to do going forward to comply with the Court’s judgment?
• How will the Facebook court decision impact other tech companies in Europe?
• How did one EU court treat a case about transatlantic digital commerce and the privacy shield?
• Is the European Union far ahead of the U.S. when it comes to creating unified laws around data protection?
• How did the Court of Justice handle a European Commission decision that had prohibited a merger between two major players in the telecommunications industry?
• What did the European Commission decide regarding the Apple tax State Aid case in Ireland?
• Are the deal dynamics of Brexit dead? What’s the latest update as we approach the December 31, 2020 deadline?
• Who stands to be hurt the most by a Brexit deal?

Contact Information:

Oliver’s Sheppard Mullin attorney profile

oheinisch@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Almost five months after the first signs of the coronavirus outbreak in Asia, we’re checking in with our Asian markets expert, Paul Kim, to hear about the latest legal and economic developments in the fight against COVID-19 and the road to recovery. Paul also shares recent developments in China’s national security law for Hong Kong and the strain on immigration between countries.

Paul is a graduate of the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discuss in This Episode:

• What cultural differences exist between South Korea and the U.S. that help contribute to Korea’s lower numbers of new daily COVID cases?
• Do citizens of Korea value public health advice more than citizens of other countries?
• Why is it surprising for foreigners to see how politicized the response to the coronavirus has been in the U.S.?
• How might the diversity of citizenry in the U.S. affect its ability to respond in a unified fashion to this crisis?
• What is the latest with China’s imposition of new national security laws in Hong Kong?
• What can we learn from Tik Tok potentially moving its headquarters out of Hong Kong?
• Given the trade war between the U.S. and China, are other countries left wondering which choice they’ll make when selecting a trade partner?
• How can multinational companies navigate a potential U.S.-China cold war?
• How will the shift in immigration laws due to the coronavirus impact multinational companies?
• How will recent ICE decisions regarding international college students impact the American education system in the long run?

Contact Information:

Email: pkim@sheppardmullin.com

Paul's Sheppard Mullin attorney profile

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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What is in store for companies that are on the cusp of financial distress and might be facing potential mergers and acquisitions (M&A) or liquidation? We’re discussing what buyers and sellers should keep in mind while engaging in distressed financial transactions.

Joining me for this conversation is Ariel Yehezkel. Ariel is a partner in the Sheppard Mullin New York office. He is the Practice Group Leader of the firm’s Corporate and Securities Practice Group. He concentrates his transactional practice on domestic and cross border mergers and acquisitions, leveraged buyouts, growth capital, minority investments, financing, joint ventures, equity arrangements, and general corporate matters.

What We Discuss in This Episode:

• What does the climate look like right now, in a post-pandemic world, for distressed financial transactions?
• What did the mergers and acquisitions (M&A) market look like before the pandemic?
• How were some companies able to weather the storm of the crisis?
• What are two ways distressed M&A’s can be carried out?
• Why is it important for buyers to conduct thorough due diligence prior to purchasing a distressed company?
• How should distressed M&A transactions be structured?
• As a buyer, how can you shield yourself from liabilities following the closing of the transaction?
• In terms of operational issues, what should buyers consider?
• What are third party consents and why might buyers have difficulties acquiring those consents?
• How can obtaining either a fairness or solvency opinion help a buyer when dealing with seller’s creditors?
• What is the Section 363 sale process? What are the benefits and drawbacks of this type of transaction?
• How do relief packages and loan repayment obligations play into distressed M&A transactions?
• Why companies that aren’t prepared to take their business digitally might face liquidation as opposed to a purchase.

Contact Information:

Ariel’s Sheppard Mullin attorney profile

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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We’re examining several topics that relate to competition regulation in a post-pandemic world. First, we’re exploring how the European Union (EU) is providing (or failing to provide) state aid to companies that need it. Then, we’re shifting our attention to business bankruptcy filings and the potential avoidance of competition regulations that apply to merger transactions. Finally, we’re discussing scarcity and price gouging in the U.S.

Joining me for this conversation is a panel of esteemed guests, Leo Caseria, Jacques Derenne, David Garcia, and Bevin Newman.

Leo Caseria is a partner in the Antitrust and Competition Practice Group in the Washington, D.C. and Los Angeles offices of Sheppard Mullin. He advises companies on antitrust issues in civil litigation, government investigations, mergers and acquisitions and proposed or contemplated business strategies.

Jacques Derenne is the Co-Leader of Sheppard Mullin's Antitrust and Competition Group and the head of the EU Competition & Regulatory practice at Sheppard Mullin’s Brussels office. He is a member of the Brussels and Paris bars. He is also a Professor at the University of Liège and at the Brussels School of Competition.

David Garcia is a partner at Sheppard Mullin’s Century City office. He is a litigator with a broad background in complex civil litigation for major U.S. companies, including extensive class action and multidistrict litigation experience. His practice focuses principally on antitrust litigation and counseling with particular emphasis on the entertainment industry, provider side healthcare mergers and the intersection between antitrust and intellectual property in litigation and joint ventures.

Bevin Newman is a partner in the Antitrust and Competition Practice Group in the firm's Washington, D.C. office. Bevin is a strategic adviser to clients in cutting-edge affiliations and collaborative arrangements. She focuses much of her practice in the healthcare industry, bringing over 20 years of experience advising and defending globally renowned health systems, academic medical centers, providers, payers and pharmaceuticals companies undertaking significant transactions, including mergers and acquisitions, joint ventures, intellectual property licenses and innovative alliances, as well as on conduct matters.

What We Discuss in This Episode:

• What does state aid control look like in the European Union (EU) and how is it coming into play in this post-pandemic world?
• How does state aid ensure market integration in the EU?
• How can the EU grant state aid without crossing the lines of regulations?
• What are several criticisms one of our guests has regarding the EU’s handling of the crisis recovery?
• If a company accepts state aid from a Member State, is it possible that there will be legal action brought against them for violating competition laws?
• How can a failing company going through Chapter 7 bankruptcy proceedings potentially preclude itself from the scrutiny of competition regulations?
• What interest might the Federal and state governments have in flailing or failing companies that are potentially getting around antitrust regulation through the filing of bankruptcy?
• Are we likely to see increased consolidation and mergers in the healthcare industry?
• What protection does the failing firm defense provide?
• How is each state handling price gouging of goods and services? What laws exist to regulate pricing?
• Is there a benefit to the creation of a Federal price gouging law that would harmonize the laws across the states?

Contact Information:

Leo’s Sheppard Mullin attorney profile

Jacques’s Sheppard Mullin attorney profile

David’s Sheppard Mullin attorney profile

Bevin’s Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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What is the next move in the China-U.S. trade war? Where does the U.S. currently stand, what changes in exports have been implemented since the beginning of the trade war, and how might the war impact the growth of the technology sector?

Joining me for this conversation is Reid Whitten. Reid is the Managing Partner of Sheppard Mullin's London office, practicing in international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office. Reid is a thought leader on cross-border business regulations. Reid is an Adjunct Professor at the New College of the Humanities in London and at Wake Forest University in the U.S., where he teaches courses on the law of international business. He is the lead author and editor of The CFIUS Book and is the head of the firm's CFIUS Team.

What We Discussed in This Episode:

• Where do we currently stand with respect to our trade war with China?
• What concessions has China made since we began the trade war a couple years ago?
• How have the current administration’s decisions affected the amount of power the U.S. holds regarding trade?
• How has China managed to gain stronger geopolitical and economic standing around the world?
• How can the U.S. regain some economic and political standing?
• Is it possible for China to assert its newfound political power to assert its economic goals?
• How will the trade wars affect the growth of the technology sector?
• How, in the battle over technology, can the U.S. government apply pressure against Chinese companies?
• What should multinational companies be thinking about now in order to successfully navigate the world as it is today?

Contact Information:

Reid’s Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The coronavirus pandemic has proven to be the most significant business crisis in global history. What will it take for multinational companies to aptly respond to the crisis while managing potential future harm from the Paycheck Protection Program (PPP) audits and investigations?

I’m joined by two guests, Jonathan Aronie and Joe Jay, from Sheppard Mullin’s Organizational Integrity Group (OIG).

Jonathan Aronie is a partner in the Washington, DC office of Sheppard Mullin, and the co-leader of the firm’s Government Contracts and Internal Investigations Practice Group. In 2013, Jonathan was appointed by the U.S. District Court for the Eastern District of Louisiana to serve as the Federal Monitor over the NOPD Consent Decree, the most comprehensive Consent Decree in the country. He is the author of From Bourbon Street To The Board Room: Eight Aids to Sustaining Reform.

Joe Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin’s Washington, D.C. office. Joseph’s practice encompasses a broad array white collar defense, corporate investigations, and international trade matters. His matters include defense of civil and criminal enforcement actions and investigations, compliance counseling and regulatory advice.

What We Discuss in This Episode:

• What is the Organizational Integrity Group (OIG) and how does it help businesses?
• How has the coronavirus pandemic allowed the OIG to focus on what really matters when it comes to businesses responding in real-time to harm?
• What types of PPP audits and investigations will likely stem from the current pandemic?
• How will any investigations go beyond merely auditing funds that were disbursed? What else should businesses think about when carrying on with business activities under the PPP?
• What is the Defense Protection Act (DPA) and how might it affect enforcement of PPP spending?
• What types of questions are OIG clients asking of their counsel?
• One of the OIG’s First Principles guides businesses facing a potential crisis to “slow down the scene.” What does that entail?
• What goals are OIG counsel trying to achieve in what they call the legal “pre-mortem” portion of assessing a company’s needs?
• How important is it to “vet” any partners that your company plans on working with?

Contact Information:

www.organizationalintegrity.com

www.sheppardmullin.com/oig

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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With $3 trillion of stimulus money already disbursed and $3 trillion more scheduled to be distributed to the American people in the near future, we’re taking a look at the type of oversight provisions included in the CARES Act that allow the Federal government to police COVID relief money.

Joining me for this conversation is Chuck Kreindler. Chuck is a partner in the Government Contracts, Investigations & International Trade Practice Group and the White Collar Defense and Corporate Investigations Team Leader at Sheppard Mullin.

What We Discuss in This Episode:

• How will the Federal government conduct oversight and enforcement action to ensure any money distributed under the CARES Act is used the right way?
• What are the three main oversight mechanisms built into the CARES Act?
• What is the task force established by the Department of Justice responsible for?
• Why are there real concerns about insider trading and what is the Securities and Exchange Commission doing about it?
• How is the CARES act similar to the 2008 economic crisis stimulus package?
• Who are “whistleblowers” and why is there a fear that the current economic climate might produce a great amount of whistleblowers?
• What are some areas that businesses could potentially get themselves into trouble when it comes to applying to, accepting, and handling distributed money?
• What is the Reverse False Claims Act?
• How can a business deal with a whistleblower within its own company?
• What steps should a company that receives a whistleblower complaint take to respond?

Resources Mentioned:

Small Business Administration

Sheppard Mullin Coronavirus Insights

Contact Information:

Chuck's Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As Congress considers several proposed bills to help alleviate the impact of COVID-19 on the U.S. economy, we’re joined by returning guests Elizabeth Frazee and Jonathan Meyer to discuss the latest updates from the Legislative and Executive Branches.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

Jon Meyer is a partner at Sheppard Mullin and counsels clients on their interactions with federal and state government, as well as cybersecurity, homeland security, Congressional oversight and immigration, among other challenges.

What We Discuss in This Episode:

• What is happening in Congress right now?
• What were the four bills already passed by Congress and what did they provide?
• What will the HEROES Act provide and is it likely to pass in the Senate? Is it necessary?
• Is printing more money the solution to the current economic crisis?
• Are there potential litigation consequences to opening businesses too soon?
• Despite the differences on both sides of the aisle, what is the one thing Democrats and Republicans agree on at this moment?
• Should there be conditions attached to any spending bills that pass? If so, what should they be?
• Should bail outs of certain industries, if they were to occur, come with any restrictions?
• What else should Congress be thinking about in upcoming relief efforts?
• What is the Workplace Recovery Fund and how could it potentially help businesses?

Contact Information:

Elizabeth Frazee: elizabeth@tlstrategies.com

www.twinlogicsstrategies.com

Jon’s Sheppard Mullin attorney profile

jmeyer@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Given the devastating impact of the coronavirus pandemic in the European Union (EU) and all over the world, we’re exploring the current economic and political climate of the various member states.

Joining me for this conversation is Oliver Heinisch. Oliver is a partner in the Antitrust and Competition Practice Group in the firm's London office. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discuss in This Episode:

• What was on the agenda for the European Union prior to the coronavirus pandemic and how were these plans impacted?
• How did the investigation into the European Central Bank fare?
• How has the stress of the pandemic affected the various member states of the European Union?
• Are Poland and Hungary likely to break away from the EU given their obvious disagreements with various EU policies?
• Will Germany emerge as a powerhouse following the pandemic?
• Is there likely to be a divide in the EU between the north and the south with respect to the response and recovery following COVID-19?
• What is the latest update on Brexit?
• How will the pandemic affect the Eastern countries’ positions and strength in the global order?
• What is the view of the United States and how we have handled the crisis by the United Kingdom and the EU?

Contact Information:

Oliver’s Sheppard Mullin attorney profile

oheinisch@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The world as we knew it just a few months ago in January, when we last spoke with our Asian-markets expert Paul Kim, has completely changed. No one could have predicted the unprecedented nature of the economic, cultural, and geopolitical changes that the coronavirus pandemic has brought about. We’re joined by Paul for an update on the Asian markets.

Paul is a graduate of the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discuss in This Episode:

• What does the new normal routine look like in South Korea?
• What steps have Korea taken with regards to COVID-19 testing?
• Along with testing, how did Korea’s prompt response of contact tracing help reduce the spread?
• While hotels and restaurants have suffered tremendously, how are other multinational companies faring in South Korea?
• What has the employment snapshot looked like? Are there any unemployment benefits?
• Has there been an effect on the supply and demand of products?
• While the world is focused on battling the coronavirus, what action has China taken with regards to Hong Kong?
• What has Japan done to combat the virus and return its economy to a stable condition?
• Is there a shift in economic power between Eastern and Western countries?

Contact Information:

Email: pkim@sheppardmullin.com

Paul's Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As countries across the globe grapple with the devastating impact of the coronavirus, we’re specifically examining the effect on the global economy, chatting with Easy China Warehouse CEO Brian Miller, an American living in Shenzhen, who has first-hand experience with how China is tackling this problem.

Brian Miller is the CEO of Easy China Warehouse, a global e-commerce fulfillment company located in Shenzhen, China.

What We Discuss in This Episode:

• How did the news of the coronavirus unfold for those living in China?
• What were the first signs of the virus’s effect on the economy in China?
• What restrictions did China place on businesses in various regions in China?
• What does the process of recovery look like right now?
• Will the Chinese government likely develop a stimulus plan to assist the economy’s recovery or will it maintain a more organic laissez-faire approach?
• Are larger industries in China likely to fare better since they are state-owned, while other private companies fail?
• Have western public companies and their management to quarterly stock price metrics placed them in more fragile positioning for recovery?
• Are smaller businesses in China and the China workforce better situated to emerge from the COVID-19 depression due to lack of social welfare programs historically in China?
• Is the recovery in China likely to be smoother than in the U.S. because of the government’s one-party system?
• What have Chinese residents heard about their government’s reporting of death statistics?

Contact Information:

Brian’s LinkedIn profile

Easy China Warehouse website

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Healthcare systems in the U.S. are feeling the stress of COVID-19. In an attempt to respond to the unexpected impact of the virus on the healthcare industry, the government along with private industry have implemented various measures to help weather the changes while continuing to serve the needs of patients. We’re taking a closer look at what changes have been implemented thus far and forecasting policy changes going forward.

Joining me for this conversation is Michael McKinnon. Mike is a partner in the Corporate Practice Group in the Sheppard Mullin Orange County office. Michael is leader of the firm's Healthcare Private Equity Team. Michael focuses his practice on corporate and securities law, with an emphasis on mergers and acquisitions, joint ventures, and equity and debt financings in the healthcare and life sciences industries.

What We Discuss in This Episode

• How will COVID-19 affect the healthcare industry going forward?
• What is the immediate impact of COVID-19 on healthcare providers?
• What is the Coronavirus Preparedness and Response Supplemental Appropriations Act?
• What did the Families First Coronavirus Response Act provide for healthcare providers?
• How has the government loosened certain restrictions when it comes to where medical procedures can take place?
• Will there be greater collaboration between the government and private industry due to the pandemic?
• Along with telemedicine, what other advancements in technologies will be utilized going forward?
• Why a multi-billion dollar grant from the government to hospitals is not likely to alleviate the financial stress
• Will there be a long-term shift in where medical procedures are performed?

Contact Information:

Mike’s Sheppard Mullin attorney profile

Email - mmckinnon@sheppardmullin.com

LinkedIn profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Furloughs. Layoffs. Loss of work visas. The state of employment in the U.S. is in flux due to the coronavirus, and employers and employees are left to figure out how to best deal with the changing regulations in this space.

Joining me for this conversation are three guests: Kelly Hensley, Denise Giraudo, and Greg Berk.

Kelly Hensley is a partner in the Sheppard Mullin Los Angeles office and is Leader of the firm's Labor and Employment Practice Group. She specializes in labor and employment counseling and wage and hour matters.

Denise Giraudo is a partner in the Labor and Employment Practice Group in Sheppard Mullin’s Washington, D.C. office. Denise counsels and represents management in a wide range of labor and employment litigation matters. She regularly and successfully represents employers before state and federal courts as well as various local and federal administrative agencies.

Greg Berk is a partner in Sheppard Mullin’s Labor and Employment Practice Group. He leads the Firm’s immigration practice and is based in Orange County, California. He is a Certified Specialist in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization.

What We Discussed in This Episode:

• What labor and employment issues are employers dealing with because of COVID-19?
• What should employers know about the Families First Coronavirus Response Act?
• What is a furlough and what must employers do if they plan on engaging in furloughs?
• Are employees able to obtain any type of Federal relief during a period of furlough or unemployment?
• What is the CARES Act?
• How do furloughs and layoffs impact employee benefits such as health insurance?
• Will unemployment rates continue to rise, or have they plateaued at this point?
• Why is it important for employers to stay in contact with their labor counsel?
• In terms of work visas, how is the pandemic affecting the immigration status of certain types of employees?
• How are students with F-1 visas affected?

Contact Information:

Sheppard Mullin Coronavirus Insights page

Kelly’s Sheppard Mullin attorney profile

Denise’s Sheppard Mullin attorney profile

Greg’s Sheppard Mullin attorney profile

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The world’s commerce has come to a screeching halt in response to the COVID-19 pandemic. As a result, many businesses are finding it difficult or maybe even impossible to perform their obligations under their business contracts. In this episode, we’re framing the various contractual performance issues that are currently implicated as the pandemic continues to impact contractual obligations.

Joining me for this conversation is Whitney Roy. Whitney is a litigation partner in Sheppard Mullin’s Los Angeles office. Whitney was recognized by Law360 as a “Female Powerbroker” and by the Daily Journal as one of the Top 100 Women Lawyers in California in 2014. Whitney has experience in all aspects of California and federal civil procedure through trial. She also defends her clients on appeal when necessary.

What We Discussed in This Episode:

• What are the various ways contracts are impacted by the coronavirus pandemic?
• What is force majeure and how does it show up in contracts?
• Is the current pandemic sufficient to implicate the force majeure clause?
• For contracts that include force majeure clauses, what is the next step in figuring out what a party’s duties are under the contract?
• If it’s impossible, impractical, or illegal to perform one’s duties under a contract, can a party simply walk away from their obligations?
• What can you do to salvage a potentially damaged contractual relationship?
• If for whatever reason, a party is unable to perform their duties under a contract, what steps must be taken by the party that won’t be able to perform?
• When is notice of nonperformance necessary?
• Why is it important for parties to maintain records and documents of all transactions and communications regarding business and contracts?
• Are force majeure provisions the same in every state?
• What happens with contracts that don’t include force majeure clauses?
• What is frustration of purpose and under what circumstances can it be invoked as a defense?

Contact Information:

Whitney's Sheppard Mullin attorney profile

wroy@sheppardmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Pharmaceutical companies are part of an industry indispensable to the survival of the human species – the health industry. They’re also big business, especially considering the billions of dollars spent on research, innovation, and development of products in this space. We’re taking a look at the changing nature of clinical trials and diving into how they are conducted, reported, regulated, and any compliance issues that might arise.

Joining me for this conversation is the Chief Strategy Office at TrialScope, Thomas Wicks. Thomas has over 18 years of experience with performance and content management solutions, specializing in applications for life sciences such as clinical trial disclosure, structured product labeling, and submissions management and has been on the PharmaCM team since 2007.

What We Discussed in this Episode:

• How are clinical trial results harmonized and regulated uniformly given various industries in every country run trials?
• What do clinical trials and research entail?
• What is a Phase I trial and what is being measured during this phase?
• What do researches look for in Phase II and Phase III studies?
• Once a product makes it through the first three phases of research and study, what happens next?
• In what form are clinical trial results presented?
• Why was there a shift towards greater transparency in disclosures of pharmaceutical studies?
• How are European countries helping academic researchers?
• What type of information is required to be disclosed? Does it vary by type of company?
• With the coronavirus still spreading, how many clinical trials have been or are being conducted? What are the trials testing?

Contact Information:

Thomas's LinkedIn

thomas@trialscope.com

Additional Resources:

www.CoronaClinicalTrials.com

Press Release

www.clinicaltrials.gov

Thank you for listening!

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As China picks up the pieces following the COVID-19 aftermath, we’re taking a look at how China managed to swiftly bring the crisis under control throughout the country. Is there hope for other countries around the world that are struggling to contain the spread of the virus? What can we learn from China’s response to the pandemic?

Joining me for this conversation is Michael Zhang, a partner in the Corporate Practice Group, Antitrust Practice Group and the Intellectual Property Practice Groups in Sheppard Mullin’s Shanghai office. He has a deep understanding of China’s legal system and business practices. Michael has broad experience in the areas of corporate law, antitrust law and intellectual property law in China.

What We Discussed in This Episode:

• How is the current COVID-19 pandemic a different experience from the SARS epidemic of the early 2000’s?
• How was public transportation in China affected by the outbreak?
• How was the availability of essential supplies and household necessities affected?
• While toilet paper and sanitizer seem to be running low in the U.S., which products were in high demand in China?
• Are the responses to the outbreak varied based on culture?
• Where is China currently in the cycle of recovery?
• Which industries in China suffered the most? And which ones flourished?
• Should we have paid closer attention to the SARS outbreak to help guide us in our handling of COVID-19?
• What is the Chinese government doing to help boost the economy now?
• How is China dealing with any unemployment that resulted from the outbreak?

Contact Information:

Michael’s Sheppard Mullin attorney profile

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The uncertainty of the novel coronavirus (COVID-19) has permeated every aspect of our society - personally and economically. As we continue to navigate this “new normal,” we’re taking a closer look at how the virus might affect all of the various players in the cannabis industry and discussing what cannabis businesses can expect over the next year.

Joining me for this conversation is Whitney Hodges. Whitney is a partner in the Real Estate, Land Use and Natural Resources Practice Group in the Sheppard Mullin San Diego office. She is the leader of the firm’s Cannabis Industry Team and serves on the firm's Pro Bono, Recruiting and Diversity & Inclusion committees, as well as numerous industry specific teams.

What We Discuss in This Episode:

• How is the coronavirus going to affect the cannabis industry?
• Why 2019 didn’t turn out to be as amazing for cannabis businesses as was anticipated?
• How has the lack of Federal legalities scared off potential investors in this space?
• Who are all of the various players in this cannabis industry?
• Will COVID-19 affect the cultivation and distribution of the cannabis plant?
• Had the virus not occurred, what could the industry have expected in terms of advancements?
• What type of creative marketing are cannabis businesses employing during this time?

Contact Information:

Whitney’s Sheppard Mullin attorney profile

Sheppard Mullin's Coronavirus Insights page: https://www.sheppardmullin.com/coronavirus-insights

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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This conversation is out of this world! We’re exploring the laws and regulations surrounding satellites and the space telecommunications industry. Our guest, Brian Weimer, joins us to share his insight on the growth of the satellite industry over the years and the steps required to obtain the appropriate licenses and clearances to launch a satellite into space.

Brian Weimer is a corporate partner in Sheppard Mullin’s Washington, D.C. office and Leader of the firm's Communications Practice Group. Brian provides transactional and regulatory advice to clients in the telecommunications industry, with particular emphasis on satellite, wireless and media companies. He acts as corporate counsel to telecommunications companies in M&A and financing matters and also advises on Federal Communications Commission (FCC) regulatory issues presented by these transactions.

What We Discuss in This Episode:

• How large is the satellite industry?
• What is space law in general?
• What are the steps involved in launching a satellite company?
• Which countries are leading the charge when it comes to space law?
• Why would a company choose to establish its satellite business in a country other than the U.S.?
• What are the two types of satellite systems?
• How has the satellite industry changed over the last 3-5 years?
• What type of insurance is needed to launch a satellite into space?
• How can an attorney help a multinational gain market access in other jurisdictions?
• What are radio frequency spectrum licenses and how valuable are they?

Resources Mentioned:

International Telecommunications Union

Contact Information:

Brian’s Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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2019 ushered in numerous changes and new initiatives at the U.S. Food and Drug Administration (FDA). From the increasing popularity of cannabis use to the rapidly evolving nature of artificial intelligence in medical devices, we’re reflecting on some of the initiatives the FDA tackled in 2019 and exploring what lies ahead for the agency in 2020.

Joining me for this conversation is Allison Fulton. Allison is a partner in the Life Sciences and FDA team and is based in Sheppard Mullin’s Washington, D.C. office. Allison advises life sciences companies, including pharmaceutical, medical device, dietary supplement, food and cosmetic companies, in matters relating to the development, manufacture, and marketing of products regulated by the U.S. FDA.

What We Discuss in This Episode:

• What role does the FDA play in public health and safety, especially when epidemics like the coronavirus threaten global health?
• Are we all overreacting to the impact of the coronavirus? What is the right approach to addressing fears?
• What updates and changes were made by the FDA in 2019 under the new commissioner?
• The shifting public opinion regarding cannabis products and the impact on regulation
• How has the lack of data relating to CBD effected the progress of FDA regulation?
• Is the FDA still relevant when many cannabis product manufacturers already produce and distribute products without FDA regulation?
• What components of vaping products cause the most damage to the human body?
• What is the FDA doing to try to regulate vaping products?
• Is technology in medical products evolving at a faster rate than the FDA can keep up with?
• What is the FDA’s post-market device regulation model?
• What are some of the major issues the FDA is likely to focus on in 2020?
• What safeguards exist to protect biologic innovators?
• What are compounding pharmacies and how can they help patients?

Contact Information:

Allison’s Sheppard Mullin attorney profile

afulton@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As trade with our North American neighbors continues to evolve and grow, we’re taking a closer look at the newly ratified United States-Mexico-Canada Agreement (USMCA) and examining how the new Agreement will impact trade among the three countries and globally.

Joining us for this conversation is Scott Maberry. Scott is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. Scott counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies including antidumping and countervailing duty (AD/CVD) matters, and Customs.

What We Discussed in This Episode:

• What are the big differences between NAFTA and the USMCA?
• What are the main new additions to the Agreement?
• How is the USMCA helping the auto industry?
• As the US economy naturally shifts from a manufacturing-heavy country to a service-based economy, is it unwise to hold on to old ways?
• How many new jobs will be created under the USMCA and in which industries?
• Does the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) support or oppose the USMCA? Why does it matter?
• Was it time for an updated Agreement? What was missing from NAFTA that is covered in this Agreement?
• Is this Agreement providing any protection for the environment?
• Which provisions in the USMCA specifically and solely benefit the automobile industry?
• How will the USMCA affect the economies of the three countries and the global economy?

Contact Information:

Scott’s Sheppard Mullin attorney profile

www.globaltradelawblog.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As we check in on the Asian markets for the first quarter of the year, we’re diving into various current events including the coronavirus epidemic, the Trilateral Summit between Japan, China, and Korea, and Carlos Ghosn’s complaints of the Japanese criminal justice system.

Joining me for this discussion is Paul Kim. Paul is a graduate of the University of Chicago, with honors, and obtained his juris doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discuss in This Episode:

• How is the coronavirus affecting daily life and business activities in various Asian countries?
• Is the fear over the coronavirus pandemic unsubstantiated?
• Can we compare this coronavirus to the SARS scare of the early 2000’s? How are they different?
• How is the Chinese government reacting to and handling the epidemic?
• What was the purpose of the Trilateral Cooperation Vision for the Next Decade?
• What topics were discussed between the three nations at the Trilateral summit?
• Despite Russia’s geographical proximity, why is it not more involved in the regional political and economic scene?
• What is happening with Carlos Ghosn, businessman and international fugitive?
• What complaints did Ghosn have with the Japanese criminal justice system?
• Are there differences between Japan’s and the U.S.’s prosecutorial systems?

Contact Information:

Paul’s Sheppard Mullin attorney profile

pkim@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As the conversation around antitrust regulation continues to grow, especially given the current political climate and the growth of technology companies, now more than ever, multinationals must pay attention to evolving trends in this space.

Nate Soderstrom is a Senior Editor at the Capitol Forum, an online publication covering topics including consumer protection, antitrust enforcement, and government contracts. Nate leads the Forum’s mergers and acquisitions coverage. He joined the Capitol Forum after five years as an associate in the Antitrust & Competition department of Skadden, Arps, Slate, Meagher & Flom, where he advised clients in antitrust matters relating to mergers and acquisitions, complex antitrust litigation, and government investigations.

What We Discussed in This Episode:

• Has antitrust become a bipartisan issue?
• How has antitrust evolved over the last decade?
• Has the focus of conversation about antitrust shifted to price and consumer welfare instead of bigness and concentration of power?
• Where does the current trend and desire to take on big tech companies stem from?
• Are big tech companies seen as a threat to our political system if they go unregulated?
• Is there tension between the First amendment and the regulation of big tech platforms?
• What is the real fear when it comes to leaving big tech companies unregulated?
• What is an appropriate response to regulating big tech companies? Would issuing a fine suffice? Is breaking up the companies necessary?
• How is Section 2 of the Sherman Act being used to challenge mergers?
• Have antitrust regulations always been political?

Contact Information:

nsoderstrom@thecapitolforum.com

(202) 601-2297

www.thecapitolforum.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As women in professional industries such as finance, healthcare, and law continue to make strides in breaking down barriers, there still remains great gender disparity when examining the leadership levels. I’m joined by Amanda Zablocki and Danielle Vrabie, founders of the Women in Healthcare Leadership Collaborative at Sheppard Mullin to explore the challenges and opportunities presented for women in the healthcare industry.

Amanda Zablocki is an attorney in the Corporate Practice Group in Sheppard Mullin’s New York office and is a member of the firm’s healthcare practice team. Amanda's practice is focused on representing healthcare and tax-exempt organizations on a wide range of business, regulatory and transactional matters.

Danielle Vrabie is an attorney in the Business Trials Practice Group in Sheppard Mullin’s New York office and a member of the firm’s healthcare practice team. Danielle represents corporate clients and individuals in complex commercial litigation and government and regulatory investigations throughout the country. She focuses much of her practice on serving healthcare and life sciences clients.

What We Discussed in This Episode:

• What are some of the challenges facing women in the healthcare industry?
• What led to the formation of the Women in Healthcare Leadership Collaborative?
• Has the number of women entering the medical profession increased over the years?
• What type of issues affect gender parity in various industries like law and business?
• What are the benefits of bringing together women in leadership positions from various industries to discuss salient issues facing their sectors?
• What type of events does the WHLC plan for women in leadership?
• Why is it important for men to join the WHLC initiative as well?

Resources Mentioned:

Michael’s book recommendation - Passions of the Western Mind by Richard Tarnas

Contact Information:

Women in Healthcare Leadership Collaborative

whlc@sheppardmullin.com

Amanda’s Sheppard Mullin attorney profile

Danielle’s Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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If you’re interested in becoming a foreign investor or doing business in Mexico, you’ll want to hear the salient tips shared by my Mexico markets experts on the show today, Laura Nava and Alejandro Moreno. From establishing the right connections to understanding business formalities and pace, we’re diving deep with our quarterly Latin America and Mexico check in.

Laura Nava is a registered foreign legal consultant in California and is licensed to practice in Mexico and New York. She is a member of the Corporate and Labor and Employment Practice Groups in Sheppard Mullin’s San Diego (Del Mar) and New York offices.

Alejandro Moreno is a senior associate in the Business Trial Practice Group in Sheppard Mullin’s San Diego office. Alejandro practices general business and commercial litigation in both state and federal courts. He also has experience in private arbitration, having previously prevailed on behalf of his clients after full arbitration.

What We Discussed in this Episode:

• The sense of loyalty and camaraderie that exists throughout Mexican and Latin American markets and cultures
• What is the best way to start a conversation with someone you’re hoping to do business with?
• Despite the friendly nature of business dealings, it’s still important to “get everything in writing” with any business venture
• Is it necessary for business owners to speak Spanish when dealing with English-speaking Mexican or Latin American nationals? Why or why not?
• Will having the right “connections” help you with your business dealings in Mexico?
• Despite having the right “connections,” should potential foreign investors into Mexico still comply with local laws?
• Why is social mobility a complex issue in Mexico?
• What are the differences in formalities when it comes to conducting business in Mexico?
• What is the role of notaries in Mexico and which business transactions require notarization?
• What is the pace of business like?

Contact Information:

Laura’s Sheppard Mullin attorney profile

Alejandro’s Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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With a new European Commission in place and Brexit set to happen by the end of the month, we’re exploring the current regulatory climate in the European Union and previewing what’s to come for the European nations.

Oliver Heinisch is a partner in the Antitrust and Competition Practice Group in the firm's London office. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discussed in This Episode:

• What are the updates following the European Commission elections last year?
• What industries and areas will the European Commission focus on in the upcoming year?
• Are the European nations taking the global climate crises more seriously than the U.S. government?
• How is the European Commission structured and how do they operate?
• How will the new privacy regulations impact companies selling products on the internet?
• Is the European Commission working from an outdated document as they attempt to identify market definition?
• How have the activities and changes in the European Union spilled over into American markets?
• What is happening with Brexit?
• Is the concern over the affect of Brexit on business dealings overhyped?

Resources Mentioned:

Dr. Michael Hofmann Episode 63

Contact Information:

Oliver’s Sheppard Mullin attorney profile

oheinisch@sheppardmullin.com

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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We’re kicking off the new year with returning guests Elizabeth Frazee and Jonathan Meyer who are joining us with updates on various current events in our Legislative and Executive Branches in the upcoming quarter.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

Jon Meyer is a partner at Sheppard Mullin and counsels clients on their interactions with federal and state government, as well as cybersecurity, homeland security, Congressional oversight and immigration, among other challenges.

What We Discuss in This Episode:

• What exactly happened with the Presidential impeachment process in the House of Representatives?
• How will the President’s impeachment affect governmental functions?
• What does the impeachment process entail?
• How will the killing of the Iranian military leader affect American foreign relations?
• What will be the likely outcome of the United States-Mexico-Canada Agreement (USMCA) vote? Will the impeachment proceedings affect the vote?
• How both Congressional parties agreed on and passed the budget deal prior to the holiday season
• Why Congress was unable to reach an agreement regarding prescription drugs?
• Is there any agreement when it comes to privacy laws? How will the California Consumer Privacy Act affect businesses across the U.S.?
• When it comes to prescription drugs, what are the major issues being considered by Congress?

Contact Information:

Elizabeth Frazee: elizabeth@tlstrategies.com

www.twinlogicsstrategies.com

Jon’s Sheppard Mullin attorney profile

jmeyer@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The European Union (EU) is taking major strides to help combat climate change by instituting a ban on diesel cars, enforcing existing climate regulations among member states, and announcing the EU Green Deal initiative. Despite these efforts, the EU Commission still struggles to enforce any such policies among member states who fail to comply. We’re exploring several of the new climate policies being instituted and discussing how the EU is reacting to noncompliance.

Joining us for this conversation is Dr. Michael Hofmann. Michael is an associate in the Antitrust and Competition Practice Group in Sheppard Mullin’s Brussels office. He focuses on all aspects of European and German competition law matters. Michael wrote his doctoral thesis in the area of energy competition law and holds a Master of Laws degree (LL.M.) in International Commercial Law from the University of Aberdeen (UK). He is fluent in English in addition to his native German.

What We Discussed in This Episode:

• What is happening in the area of climate regulation enforcement in the EU?
• What is the basis for all of the litigation occurring at the EU level as it relates to climate regulation?
• What is the EU Air Quality Directive and what are its key elements?
• What is the process for EU litigation proceedings against member states for policy infringement?
• How many open cases are currently pending with the EU commission?
• Why were several EU member states unable to comply with the NO2 limitation requirements placed by the EU?
• How has the EU placed restrictions against diesel cars?
• What effect has the ban on diesel cars had on the Free State of Bavaria?
• How is the EU Commission indirectly addressing the NO2 threshold against diesel car manufacturers via competition laws?
• What is the European Union’s Green Deal and what are its objectives?
• Why is the EU thinking of introducing a carbon border tax and how might that affect U.S. multinationals doing business in the EU?

Contact Information:

mhoffman@sheppardmullin.com

Dr. Hofmann Sheppard Mullin attorney profile

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As technology continues to rapidly evolve and governmental regulations struggle to keep up with its development, multinationals are left wondering how to manage technological developments and foreign investments in the face of emerging controls. We’re exploring how companies can adjust to government regulations impacting the development of their technologies and what affect, if any, any such technology has on national security.

Joining me for this conversation is Reid Whitten. Reid is the Managing Partner of Sheppard Mullin's London office, practicing in international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office. He is also Leader of the Sheppard Mullin CFIUS Team. Reid is a thought leader on cross-border business regulations. Reid is an Adjunct Professor of Law at the Université Catholique de Lille, in France, and at Wake Forest University in the U.S., where he teaches courses on the law of international business. He is the lead author and editor of The CFIUS Book and is the head of the firm's CFIUS Team.

What We Discussed in This Episode:

• What led to the publication of the CFIUS book?
• Is there a connection between the uptick in nationalism in many countries all over the world and the increase in national security when it comes to foreign investments?
• Has technology become the new national security concern in some countries?
• What affect has the Foreign Investment Risk Review Modernization Act (FIRRMA) had on CFIUS?
• How does CFIUS impact foreign investments? What obstacles does it create for investors?
• How will governmental regulations burden technological development in the U.S.?
• Is technology developing too quickly for government regulations to keep up with?
• Will the government’s attempt at regulations steer investments outside of the U.S.?
• Are governments in other countries also seeking to implement controls regarding technological advancements?
• How can multinationals plan for an environment of increased restrictions?

Contact Information:

Reid's Sheppard Mullin attorney profile

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As South Korea’s economy, population, and culture have evolved over the past 50 years, the country has quickly risen and taken a seat as one of the world’s most important economic markets and national players, especially in the areas of manufacturing and exporting. We’re exploring South Korea’s strongest industries and relationships with other economic powers like the United States, China and the European Union.

Joining me for this discussion is Paul Kim. Paul is a graduate of the University of Chicago, with honors, and obtained his juris doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discussed in This Episode:

• The overview of South Korea’s economic development and present vitality
• What are two of South Korea’s largest industries?
• What does the relationship between South Korea and North Korea look like?
• How much do North Korea’s actions factor into South Korea’s economy?
• Should the North Korean economic restrictions loosen up a bit, would South Korean businesses partake in business opportunities in that country?
• What has caused South Korea’s decline in fertility rates and how does that impact the economy?
• How have the U.S. trade disputes with China and other countries impacted Korea, if at all?
• What was impetus for the trade dispute between Korea and Japan?
• What does South Korea’s relationship with the European Union look like?
• Has the U.S.’s withdrawal from the Trans-Pacific Partnership affected Korea in any way?
• How simple or difficult is it for a multinational organization to do business in South Korea? What are some of the restrictions?

Contact Information:

Paul's Sheppard Mullin attorney profile

pkim@sheppardmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this recap episode, I’m extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st intercontinental business landscape in which they operate.

In Episodes 55, we checked in with our resident European Union affairs experts, Oliver Heinisch and Isabelle Rahman. They updated us on the new European Commissioner and her proposed plans for the upcoming term. Isabelle and Oliver also reflected on the European Commission’s prior five-year term and their notable achievements.

In Episode 56, we shared a replay of a prior conversation with Scott Maberry about the U.S. trade war with China. We explored whether anything has truly changed between the U.S. and China and what impact the trade war has had on the U.S. economy.

In Episode 57, we shed light on the oft-convoluted world of international judgment enforcement with Neil Popovic. Neil discussed the various must-knows for any multinational doing business in multiple jurisdictions.

In Episode 58, Jim Gatto joined me to talk about cryptocurrency and the use of blockchain technologies in various areas of business conduct such as supply chains and contracts. Jim also covered security token offerings, stable coins, and U.S. Federal regulations embracing cryptocurrencies.

In Episode 59, we turned to organizational integrity and solving reputational threat with Jonathan Aronie, David Douglass, and Joseph Jay. We explored how organizations can develop and use tools to define and protect their values. We also dove into how organizations can prevent or deal with a reputational crisis.

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Approaching organizational integrity to resolve reputational threats before and after they may occur requires accounting for corporate values, public trust, corporate stakeholders, and reputation while seeking out and handling corporate issues.

To aid multinational companies with any such assessments, the Organizational Integrity Group at Sheppard Mullin was created by my guests today, Jonathan Aronie, Joe Jay, and David Douglass.

Jonathan Aronie is a partner in the Washington, DC office of Sheppard Mullin, and the co-leader of the firm’s Government Contracts and Internal Investigations Practice Group. In 2013, Jonathan was appointed by the U.S. District Court for the Eastern District of Louisiana to serve as the Federal Monitor over the NOPD Consent Decree, the most comprehensive Consent Decree in the country. He is the author of From Bourbon Street To The Board Room: Eight Aids to Sustaining Reform. Jonathan previously appeared on this podcast in Episode 8.

Joe Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin’s Washington, D.C. office. Joseph’s practice encompasses a broad array white collar defense, corporate investigations, and international trade matters. His matters include defense of civil and criminal enforcement actions and investigations, compliance counseling and regulatory advice. Joe previously appeared on this podcast in Episode 45.

David Douglass is Managing Partner of Sheppard Mullin’s 100-lawyer Washington, D.C. office and a partner in its Government Contracts, Investigations and International Trade Practice Group. He defends companies in criminal and civil investigations and litigation.

For more than three decades, David has drawn on his criminal and civil trial experience to advise and represent healthcare and life sciences companies, government contractors and other highly regulated business in government investigations, litigation and, of course, trial. David is often lead trial counsel in federal courts, including Washington, D.C., Maryland, Virginia and New York. He defends companies and individuals in criminal and civil, False Claims Act (whistleblower), investigations and litigation.

What We Discussed in This Episode:

• What is an organizational integrity group and how does it help corporations?
• What underlying issue is common to all companies seeking assistance in avoiding or dealing with crises?
• What various perspectives should companies consider when approaching reputational threat problem-solving?
• Why it’s important for multinational corporate leaders to look at corporate problems across various dimensions
• What is the revised statement of corporate purpose as explained by the Business Roundtable?
• How might an organizational integrity assessment protect a company?
• Can crisis roleplay help leaders prepare for problems that haven’t occurred yet?
• What is a reputational threat and how is it assessed?
• Why leaders shouldn’t fear seeking out potential problems

Contact Information:

www.organizationalintegrity.com

www.sheppardmullin.com/oig

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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From payments using bitcoin to smart contracts, blockchain technologies are revolutionizing how business is done in every industry. As blockchain technologies continue to mature, we’re exploring the latest developments in the use of bitcoin, cryptocurrencies, and other blockchain technologies by multinational companies.

Joining me for this episode is Jim Gatto. Jim is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Washington, D.C. office. He is also Team Leader of the firm's Blockchain Technology and Digital Assets team, and its Social Media and Games industry team. He also is Team Leader of the firm's Open Source team.

Jim appeared as a former guest in Episode 3.

What We Discuss in this Episode:

• What are Security Token Offerings (STO)?
• How are STO’s remaining compliant with securities regulations?
• Are federal securities laws finally embracing cryptocurrency?
• What are Stable Coins and what are they meant to accomplish?
• How are cryptocurrencies changing the economies of the world?
• What is the proposed Token Taxonomy Act?
• What guidance has FinCEN issued regarding the trading of cryptocurrencies and complying with the Bank Secrecy Act?
• What is an SEC No Action Letter and in what two scenarios have the SEC issued these letters lately?
• Should multinational companies be thinking about using cryptocurrencies in their businesses?
• How are some large companies using blockchain technologies in their supply chains?
• How is the FDA planning on using blockchain in order to increase safety?
• Can blockchain technology be applied to the purchase and sale of art?

Resources Mentioned:

Blockchain 50 article - https://www.forbes.com/sites/michaeldelcastillo/2019/04/16/blockchain-50-billion-dollar-babies/

Contact Information:

Jim’s Sheppard Mullin attorney profile

LinkedIn

Email: jgatto@sheppardmullin.com

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Successful litigation doesn’t simply depend on obtaining a favorable judgment, but it rests on the ability to enforce that judgment. When it comes to international business relationships, what should multi-national businesses know about the enforcement of foreign judgments in the U.S. or the enforcement of U.S. judgments in foreign countries?

We’re joined by international arbitration attorney Neil Popovic. Neil is a partner in the Business Trial Practice Group in Sheppard Mullin’s San Francisco office and is Team Leader of the International Litigation and Arbitration team.

What We Discussed in This Episode:

• What are international enforcements and why are they important?
• What is the value of a judicial determination in a foreign jurisdiction?
• Why contract provisions relating to the enforcement of judgments are often the most overlooked (and why that’s a mistake)
• Neil shares a fascinating story of his client’s Pablo Picasso case
• What is service of process and what does it aim to achieve?
• How much notice is considered adequate in order to serve someone in the U.S.?
• What are some limitations on recognizing foreign judgments in the U.S.?
• Why aren’t judgments that are meant to be fines or penalties enforceable?
• What is the Fair Use Doctrine in Copyright Law?
• Is judgment enforcement different in each country? How so?
• What to remember when drafting a contract between your business and a foreign entity
• Why is it important for business leaders to think about how to handle their assets?

Resources Mentioned:

Neil’s article

Contact Information:

Neil's Sheppard Mullin attorney profile

Email: npopovic@sheppardmullin.com

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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This episode originally aired as Episode 40 on June 19, 2019

Less than a year following our first discussion about the U.S.- China trade war, we’re revisiting the topic with former guest Scott Maberry. We’re examining whether fears of China becoming a dominant world economic player are as accurate and threatening as many believe. We’re also taking a closer look at some of the unanticipated and unexpected effects of the U.S.’s dealings (or lack thereof) with China.

Joining me is Scott Maberry. Scott is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. Scott counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies including antidumping and countervailing duty (AD/CVD) matters, and Customs.

What We Discuss in This Episode:

• What is a trade war as we see it playing out in current times?
• What are the U.S.’s goals in having initiated the current trade war?
• Is the perceived trade deficit in the U.S. as bad as it seems?
• Why the goal of eliminating the trade deficit with China is not the right goal
• Does China have a strategy for world economic dominance?
• Can there be more than one dominant economic hegemon in the world?
• Why the old ways of cooperation between the U.S. and China no longer work
• How can China use the debt market power it currently holds to harm the U.S.?
• What is China’s take on the trade war?
• The extraordinary circumstances surrounding the U.S. population’s acceptance of the burden of increased tariffs
• Could there be entirely unanticipated winners and losers in this trade war?

Contact Information:

Scott's Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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With the new European Commissioner gearing up to begin her five-year leadership term and a Brexit deal on the horizon, we’re checking in on the state of affairs in the European Union (“EU”) with our two EU experts, Isabelle Rahman and Oliver Heinisch.

Isabelle Rahman is a partner in the Antitrust and Competition Practice Group in the firm’s Brussels office. She has substantial experience in the application of the EU competition rules and represents clients active in the airline, chemical, consumer products, food, life sciences/pharma, fashion, entertainment and media industries, among others.

Oliver Heinisch is a partner in the Antitrust and Competition Practice Group in the firm's London office. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discussed in this Episode:

• What’s going to happen now that the Commission’s mandate has come to an end after 5 years?
• What will be the key focus for the European Commissioner in the new term?
• What is the significance of a woman leading the European Commission (“EC”)?
• What types of checks and balances exist within the EC?
• What is the greatest accomplishment of the EC in the past few years?
• Why the adoption of the GDPR is one of the regulations that the EU got right?
• How will big tech companies be treated by the EC going forward?
• Will Brexit have any affect on the strength of decision making in the EU?
• What’s the latest with Brexit anyway?
• Is there concern that the United Kingdom will become a competitor to the EU?
• What incentive is there for the EU to want to make a deal with the UK?
• Is Brexit likely to impact any industries in particular?

Contact Information:

Isabelle's Sheppard Mullin attorney profile

Oliver's Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this recap episode, I’m extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st intercontinental business landscape in which they operate.

In Episodes 49, we addressed the economics of healthcare consolidation with Dr. Susan Manning. Susan shared how the healthcare sector is redefining its mission and discussed the increase in consolidation in this space. For such a powerful industry, where can accountability be found?

In Episode 50, we discussed who is filling the international divergence in climate change regulation with Nico van Aelstyn. Nico explained the current administration’s rollbacks of the prior administration’s regulations and how local and subnational governments are stepping up to address climate concerns. Are the states divided when it comes to climate issues? What can be done?

In Episode 51, we explored the four fundamentals of a corporate governance crisis with John Tishler. John addressed the challenge of a crisis within the C-Suite itself relating to governance of the organization. He also shared the four fundamentals of how to handle this type of sudden event.

In Episode 52, we tackled technology and the changing music industry with Sid Fohrman. As one of the U.S.’s top music attorneys, Sid joined us to describe the resurgence in the music industry driven by technology. He also discussed the fascinating change in the relationship between various players in the music industry.

In Episode 53, we conducted our quarterly check-in on the U.S. Congress and U.S. Executive Branch with Elizabeth Frazee and Jon Meyer. Elizabeth and Jon discussed the impeachment process and its likely affect on getting anything done in government, including the USMCA negotiations and governmental fiscal decisions.

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Elizabeth Frazee and Jon Meyer join us with updates on the Legislative and Congressional branches of government. We discuss the current Presidential impeachment inquiries, the USMCA deal status, and how the impeachment inquiry will affect the government’s ability to get work done.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

Jon Meyer is a partner at Sheppard Mullin and counsels clients on their interactions with federal and state government, as well as cybersecurity, homeland security, Congressional oversight and immigration, among other challenges.

What We Discussed in this Episode:

• How is the current Presidential impeachment inquiry being handled on both sides of the aisle?
• Will impeachment inquiries affect other Congressional matters that need attention?
• What is the status of the US-Mexico-Canada Agreement (USMCA)? How might impeachment inquiries affect its passage?
• What is it about the President’s conversation with Ukraine’s President that set off impeachment alarms?
• Is there a benefit to launching an impeachment inquiry, even if it doesn’t lead to an actual impeachment process?
• What interest does the President have in moving the USMCA deal along?
• How has China’s ascent placed more pressure on this administration?
• How is funding looking right now and what could happen if appropriations aren’t passed?
• What does the Constitution have to say about the impeachment process?

Contact Information:

Elizabeth's email - elizabeth@tlstrategies.com

www.twinlogicsstrategies.com

Jon's Sheppard Mullin attorney profile

Jon's email - jmeyer@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As technology continues to grow and evolve, its impact on the music industry and the way artists create and distribute their art has been monumental. In this episode, we’re exploring the changes that are taking place in the music industry brought about by the rise of streaming services, the proliferation of artists, and new laws and regulations.

Joining me for this conversation is Sid Fohrman. Sid is a partner in Sheppard Mullin’s acclaimed Entertainment and Digital Media Practice Group and Leader of the firm’s Music Industry Team, and Leader of the firm's Esports Industry Team. Sid represents a diverse client base comprised of public and private companies, on and off-screen talent, artists, influencers, and entrepreneurs across the full spectrum of the entertainment industry, including, music, esports, fitness, sports, technology, event, film and television industries.

What We Discuss in this Episode:

• What is causing the current growth in the music industry?
• What accounts for 75% of increase in revenue in this space?
• How has technology spurred the growth and popularity of streaming services?
• How has tech altered the production and distribution of music by artists?
• What are the pros and cons of having a lower entry to barrier for musicians to produce music?
• How has traditional broadcasting media like radio been affected by streaming services?
• What is the Music Modernization Act and how has it affected music publishing owner information?
• Can blockchain technology find its way into the music industry?
• Is there a willingness to license new technologies as they evolve and develop?
• What are the new ways of monetizing music assets?

Resources:

Recording Industry Association of America reports

"Blockchain. Bringing A Chorus of Cheers to the Music Industry," , Law of the Ledger: Blockchain Law Blog Post, October 1, 2018, by James Gatto, Sid Fohrman, and Alexandra Bear

Contact Information:

Sid's Sheppard Mullin attorney profile

sfohrman@sheppardmullin.com

LinkedIn profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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We’ve explored the topic of crisis management in a prior episode but now we turn our attention to how C-Suite members can handle crises when they’re within their own governance structure. What happens when a company’s Board of Directors must step in to help lead the organization in a time of change? Whether you’re a company of two or 20,000, we’re discussing what corporate leaders need to know to survive this time of change.

Joining me for this lively conversation is John Tishler. John is a partner in the Corporate Practice Group in Sheppard Mullin’s San Diego office. His practice encompasses domestic and international capital markets, corporate finance, corporate governance, business transactions, mergers and acquisitions and technology.

What We Discuss in this Episode:

• What is a governance crisis and how common is it?
• Why Board of Directors are often unprepared to step in during a governance crisis?
• What type of organizations need counseling when it comes to crises?
• Are solutions for smaller organizations the same as for larger ones?
• What are the four fundamentals of the practice of governance crisis?
• What is considered a successful maneuvering of a crisis?
• Along with lawyers, what other professionals are needed to complete the team assisting with a crisis?
• While in a moment of crisis, what are some qualities desired of those leading the change?
• Is an outside lawyer necessary or can issues be appropriately handled internally?
• In closely held corporations, how are crises addressed differently than in general corporations?
• How similar are governance crises to personal existential crises that individuals experience?

Resources Mentioned:

NB Episode 45 - Management crisis

Contact Information:

John's Sheppard Mullin attorney profile

John’s cell phone number: (619) 787 6112

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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With crucial existing environmental regulations being threatened with rollbacks by the government and the Earth’s sustainability becoming more dire, the Federal government, the states, and businesses are in a head to head battle for the future of environmental policies. Is there hope for our planet?

My guest in this episode is Nicholas W. (“Nico”) van Aelstyn, a partner in the Real Estate, Land Use and Environmental Practice Group in the Sheppard Mullin San Francisco office. Nicholas has more than 25 years of environmental counseling and litigation experience. His environmental compliance counseling practice focuses on climate change, Brownfields redevelopment, sustainability and other regulatory and transactional matters.

What We Discuss in This Episode:

• What are the suggested rollbacks as they pertain to existing U.S. environmental policies?
• How can Congressional acts be challenged in court or by the Executive Branch?
• What role do states play in challenging Executive action?
• Why is regulating tailpipe emissions important?
• How does a rollback of the tailpipe emission standards affect the automotive industry?
• Why did the antitrust department of the Department of Justice launch an investigation into four U.S. automakers?
• How are some states taking action on their own to deal with changes in environmental regulations?
• Should there be a price on carbon emission by companies?
• How are local organizations and corporations stepping up and organizing in response to climate change?
• What are international organizations doing to address climate issues?
• Despite the devastating fires in the Amazon forest, is there a silver lining when it comes to preserving the forest?

Resources Mentioned:

Paris Agreement

IPCC

Making Sense Podcast with Sam Harris

Contact Information:

Sheppard Mullin attorney profile

LinkedIn

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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We’re celebrating our one year anniversary on the podcast! Thank you for listening and supporting this show over the past 49 episodes.

As the healthcare industry redefines their missions, their services, and the delivery of their services, we’re exploring the economic factors driving consolidation in the healthcare industry.

Joining me is economist Susan H. Manning, Ph.D. is a Senior Managing Director at FTI Consulting, based in the Washington D.C. office. She is Chief Operating Officer in the Center for Healthcare Economics and Policy within the Economic Consulting segment. Dr. Manning has over 30 years of economics and litigation consulting experience, including extensive expertise in antitrust, mergers and acquisitions, international trade, and regulatory policy analysis.

What We Cover in This Episode:

• What are the overarching trends in consolidation in the healthcare industry?
• Who are the new players entering the healthcare market?
• What factors are driving the consolidation?
• Why is scale important and needed to deliver the type of healthcare services patients are expecting?
• How are physicians and hospitals becoming more proactive in managing societal health?
• What is population management in healthcare? What factors must be considered?
• How are hospitals using predictive analytics to determine the characteristics of their patient population?
• How has consolidation impacted the competitive landscape in the healthcare industry?
• Are there limitations to capturing accurate statistics on the effects of hospital consolidation?
• Do acquiring hospitals have their own analytics and information on improvements?
• What are the five basic types of the reform proposals that are being considered?

Resources Mentioned:

Solvable Podcast

Susan's articles

Contact Information:

susan.manning@fticonsulting.com

www.fticonsulting.com

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this recap episode, I’m extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st intercontinental business landscape in which they operate.

In Episodes 43 and 44, we conducted our quarterly check-ins with our Legislative and Congressional experts, Elizabeth Frazee and Jonathan Meyer, respectively. Elizabeth described the seemingly unprecedented temperament and environment in Washington DC. She also updated us on ongoing trade deals between the U.S. and Mexico, cybersecurity, and the minibus appropriations discussions. Jon covered the Mueller testimony, the fiscal cliff, and whether or not the 2017 tax cuts have had any impact on the economy.

In Episode 45, we explored some lessons learned from the college admissions scandals with Joseph Jay. Joe described the steps a company can take if it finds itself in a crisis situation, including issuing holding statements.

In Episode 46, I discussed America’s existential antitrust crisis with Tom Dillickrath and dove into policy makers’ obsession with big tech companies. We debated whether the attention from Congress and the two antitrust enforcement agencies will matter?

In Episode 47, we talked all about capital with Colleen McDonald and she addressed the resurgence in securitization driven by San Francisco’s FinTech corridor and all of the exciting opportunities on the horizon for structured finance.

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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There has been a resurgence and renewed vigor in the new economy securitization market, particularly on the U.S. west coast which has become the hub of FinTech activity. We’re exploring this changing landscape of the securitization market with the increase of access to information through technology and the uptick in FinTech companies.

Joining me for this conversation is Colleen McDonald. Colleen is a seasoned securitization and structured finance attorney with significant market know-how in terms of both working capital financing and capital markets transactions. Colleen works with banks, marketplace lenders and alternative capital providers, fintech companies, sellers and investors to structure debt transactions utilizing cash-flow generating assets in all stages of development. Colleen, and her colleagues in Sheppard Mullin’s Financial Services Group, help clients navigate the U.S. regulatory structure particularly as it relates to lending products.

What We Discuss in This Episode:

• What is structured finance and securitization?
• Why securitization is important for the credit industry in the U.S.?
• Where do the risks lie with structured finance?
• What is the minimum “skin in the game” in a typical securitization?
• How did the 2008 financial crisis affect the decline of securitization?
• Is securitization making a comeback in San Francisco?
• Has access to technology and artificial intelligence affected secured transactions?
• How are FinTech companies in San Francisco changing the landscape of securitization?
• Why FinTech companies are ripe for entering into this space?
• Who are the non-bank lenders now and how are they making a comeback?
• Are other countries approaching securitization in a similar way as the U.S.?

Contact Information:

Colleen’s Sheppard Mullin attorney profile

Email: cmcdonald@sheppardmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Some of the world’s biggest tech companies, like Apple, Facebook, and Google, are facing much criticism about their size and behavior. Much of the criticism is from the U.S. Congress. In this episode, we’re exploring the current state of Big Tech growth, the history and development of antitrust laws, and how the U.S. government is dealing with these major tech players.

Joining me in this episode is Tom Dillickrath. Tom is an Antitrust & Competition partner in Sheppard Mullin’s Washington, D.C. office, focusing on antitrust litigation and merger investigations. Prior to joining the firm, he served as Deputy Chief Trial Counsel at the Federal Trade Commission’s Bureau of Competition. During his time at the FTC, Tom litigated antitrust cases brought by the FTC involving mergers and acquisitions and other business practices affecting U.S. consumers.

What We Discuss in This Episode:

• What’s driving the Big Tech antitrust concerns?
• Why the measurement for antitrust matters is consumer welfare?
• What is the “new school of thought” regarding Big Tech companies?
• Why are companies pouring millions of dollars into innovation?
• Quick history lesson as to why antitrust laws were developed to begin with
• Was there ever a world where small mom and pop brands were on equal footing as bigger companies?
• Is there an element of politics and morality in antitrust laws and their development?
• What are “command economies”?
• What is the rule of law as it is applied to monopoly behavior?
• What does it mean to have market power?
• What is the process the FTC goes through to investigate mergers?
• Which of the major tech companies will governmental agencies be looking at?
• How can you change antitrust laws in the U.S.?

Resources Mentioned:

The Curse of Bigness – Professor Tim Wu

Contact Information:

Tom's Sheppard Mullin attorney profile

Tdillickrath @sheppardmullin.com

LinkedIn profile

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In what is being called the largest admissions scams in U.S. history, referred to as the Varsity Blues Scandal, at least 50 people, including celebrities, were charged with felonies. The scandal shook the American people’s beliefs in the integrity of higher education institutions.

My guest today, Joseph Jay, author of Bloomberg Law article titled, “I Helped Investigate 18 Years of Paper Classes at UNC – Lessons for the Admissions Scandal,” joins me to highlight lessons learned from his work on the University of North Carolina paper class scandal. We explore the takeaways from these scandals and what C-Suite members can learn from how colleges and universities responded to the scandals.

Joseph Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin’s Washington, D.C. office. Joe's practice encompasses a broad array white collar defense, corporate investigations, and international trade matters. His matters include defense of civil and criminal enforcement actions and investigations, compliance counseling and regulatory advice.

What We Discuss in This Episode:

• What led Joe to write the Bloomberg Law about the admissions scandal?
• What was the Varsity Blues Scandal?
• What is the first step in responding to a scandal like the one in higher education?
• How does an organization remain calm and not get caught up in the media frenzy that often follows high profile scandals?
• What is a “holding statement” in a time of crisis?
• After pressing pause on the surrounding chaos by issuing a holding statement, what is the next step in assessing the problem?
• Since universities tend to be more public than private organizations, what differences exist between how the two institutions handle crises?
• Are university leaders being disingenuous when they say they want to “get to the bottom” of the problem?
• What’s the best way to rebuild trust with stakeholders?
• What is the impact of universities and their behavior in our societies?
• Are universities so focused on securing student dollars that they are abandoning their missions?
• What is the one thing that gets organizations in trouble the most when addressing a crisis?

Resources Mentioned:

Joseph’s Bloomberg Law’s article

Contact Information:

Joseph’s Sheppard Mullin attorney profile

jjay@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As we enter the third quarter of 2019, we’re joined by our Executive Branch expert, Jon Meyer, to look at anticipated happenings during the second half of the year including what to expect from Mueller’s testimony, the Congressional fiscal cliff, the results of the 2017 tax cuts, the Supreme Court’s decisions regarding gerrymandering and its effect on the right to vote, and election year paralysis.

Jon Meyer is a partner at Sheppard Mullin and counsels clients on their interactions with federal and state government, as well as cybersecurity, homeland security, Congressional oversight and immigration, among other challenges.

What We Discuss in This Episode:

• What is the most prominent item on the Executive Branch’s upcoming list in Q3?
• Why did Mueller change his mind about testifying?
• Is Mueller likely to testify about anything new that is not mentioned in his report?
• Will Mueller’s testimony even matter? Will his testimony sway the American people’s opinions of what happened?
• Will there be any substantive progress made when it comes to the fiscal cliff or will there simply be a temporary band-aid to get us through the next election?
• What predictions are made in the recent Congressional Budget Office report regarding the economy?
• Did the 2017 tax cuts accomplish their intended objectives?
• What is most striking about the Supreme Court’s ruling regarding political gerrymandering?
• Is the best way to address the gerrymandering issue to vote on it through elections on the State level?

Resources Mentioned:

Congressional Budget Office report

Congressional Research Service report

Contact Information:

Jonathan’s Sheppard Mullin attorney profile

jmeyer@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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It’s the start of Q3 of 2019 and we’re looking back on the accomplishments of the 116th Congress during the first six months of the year. Also, my guest, Elizabeth Frazee, is returning to the show to share her insight on what’s ahead for the U.S. Congress.

Elizabeth Frazee was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

What We Discuss in This Episode:

• What has Congress accomplished during the first six months of 2019?
• In what areas has Congress acted quickly?
• How has Congress addressed the humanitarian crisis happening at the U.S.-Mexico border?
• Will trade negotiations be at the forefront of discussions during the G20 Summit?
• What will happen with the ban on Huawei and security issues in the U.S.?
• Will the United States-Mexico-Canada Agreement (USMCA) make its way through Congress before the August Congressional recess?
• How should differing bills passed by the House of Representatives and the Senate be dealt with and worked through?
• The divide that exists when it comes to the Border Bill and Nancy Pelosi’s efforts in this humanitarian crisis
• How can multinationals speak up and make their voices heard regarding today’s issues?
• What is Congress’s view on the economy and the impact of technology on the workforce?

Contact Information:

elizabeth@tlstrategies.com

www.twinlogicstrategies.com

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If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this recap episode, I’m extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st intercontinental business landscape in which they operate.

In Episode 37, we discussed business crimes with Chuck Kreindler. We surveyed the current active landscape in business crimes ranging from human trafficking to trade secret offenses. My conversation with Chuck revealed that these business crimes are occurring fairly regularly, both within business in the U.S. and abroad. We also explored the U.S.’s ability to successfully compete with corrupt businesses in foreign countries.

In Episode 38, we tackled food law with Professor Michael Roberts and Sascha Henry. We explored food law and what it entails. My guests shared their vision for the Los Angeles Food Law Conference which brought together many of today’s food law experts to discuss topics such as food fraud, food safety, and cannabis in food.

In Episode 39, we looked at what it takes to do business with the U.S. with Townsend Bourne. Townsend shared her insight on what businesses hoping to obtain government contracts should pay attention to including privacy and other cybersecurity laws, federal regulations, and Executive Orders.

In Episode 40, I invited former guest Scott Maberry to join me to discuss the U.S.-China trade war. Scott described the weapons used and more importantly, not used, and their impact in this trade war. Scott and I also discussed how surprisingly quiet multinational companies have been on questions relating to the trade war.

In Episode 41, we covered the U.S.-China trade war further however this time from the China perspective with Michael Zhang. Michael expressed the “complicated” feelings by the Chinese people towards the trade war and its impact. Aside from the inability to obtain certain American goods, Michael states that China seems to be relatively unphased by the trade war.

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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While it is much simpler to gauge the reactions and perceptions of U.S. individuals and businesses toward the U.S.-China trade war, it is quite uncertain how Chinese citizens and businesses have been affected by the trade war.

In this episode, we’re exploring the effects of the U.S.-China trade war from the China perspective and the consequent Chinese market changes. This conversation follows the two prior episodes with Townsend Bourne and Scott Maberry, respectively, where we explored the ramifications of the trade war from the U.S. perspective.

Joining me to share the China perspective is Michael Zhang. Michael is a partner in the Corporate Practice Group, Antitrust Practice Group and the Intellectual Property Practice Groups in Sheppard Mullin’s Shanghai office. He has a deep understanding of China’s legal system and business practices.

What We Discuss in this Episode:

• Has the trade war affected the normal day-to-day activities of Chinese citizens?
• How are Chinese importers maneuvering around the impacts of the trade war on their imported goods?
• What is China’s perspective on why there is a trade war happening in the first place?
• How are the legal and tech sectors in China handling the uncertainty that the trade war has brought about?
• Has China’s outbound investments been affected?
• For multi-national businesses in China, how are they dealing with the uncertainty regarding their investments and business decisions?
• How has the U.S.’s withdrawal from the Trans-Pacific Partnership benefitted China?
• What is the Chinese government doing to make regulations and procedures more “company friendly”?
• What must companies who wish to invest or build businesses in China know?
• Is it a good idea to decouple the U.S.-China economies?
• Has China regained the sense of self-confidence necessary to allow it to emerge as a world leader?

Contact Information:

Michael's Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Less than a year following our first discussion about the U.S.- China trade war, we’re revisiting the topic with former guest Scott Maberry. We’re examining whether fears of China becoming a dominant world economic player are as accurate and threatening as many believe. We’re also taking a closer look at some of the unanticipated and unexpected effects of the U.S.’s dealings (or lack thereof) with China.

Joining me is former guest, from Episode 1, Scott Maberry. Scott is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. Scott counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies including antidumping and countervailing duty (AD/CVD) matters, and Customs.

What We Discuss in This Episode:

• What is a trade war as we see it playing out in current times?
• What are the U.S.’s goals in having initiated the current trade war?
• Is the perceived trade deficit in the U.S. as bad as it seems?
• Why the goal of eliminating the trade deficit with China is not the right goal
• Does China have a strategy for world economic dominance?
• Can there be more than one dominant economic hegemon in the world?
• Why the old ways of cooperation between the U.S. and China no longer work
• How can China use the debt market power it currently holds to harm the U.S.?
• What is China’s take on the trade war?
• The extraordinary circumstances surrounding the U.S. population’s acceptance of the burden of increased tariffs
• Could there be entirely unanticipated winners and losers in this trade war?

Contact Information:

Scott's Sheppard Mullin attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In an era of trade wars, espionage, and executive orders, how can companies who wish to dive into government procurement or are already involved in procurement abide by Federal laws and data security regulations and increase the likelihood of proper procurement?

Joining me to explore the current government contracting legal landscape is Townsend Bourne. Townsend is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin’s Washington, D.C. office. She represents companies that do business with the Federal Government, either directly or through a prime contractor or reseller.

What We Discuss in This Episode:

• What does the legal landscape look like for doing any type of commercial business with the U.S. government?
• What various layers of federal laws apply to government contracting?
• When it comes to cybersecurity, what new developments have emerged that affect government contracts?
• What type of security controls should contractors implement to protect data?
• What are security control “families”?
• What security rules are specific to government contractors and why are they important for companies of all types to be familiar with them?
• Why is it important to be open to checking where your sensitive data and documenting your plan to protect that data?
• The “Plan of Action” the Department of Defense requires
• What does the National Defense Authorization Act establish?
• How has the 2019 Executive Order affected information and telecommunications technologies?
• How are the Federal Acquisition Regulations playing a role in the trade war with China?
• Understanding your supply chain and where your components are coming from

Contact Information:

Townsend.bourne@sheppardmullin.com

Townsend's Sheppard Mullin attorney profile

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If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As the way food is grown, processed, distributed, and consumed by the public continues to change and evolve with the proliferation of technology and awareness of environmental impacts, more and more lawyers are moving into this space to help solve legal issues associated with food.

Joining me to explore the evolving regulations surrounding the food industry are two guests, Michael Roberts and Sascha Henry. Michael is a professor at UCLA School of Law and the Executive Director of the Resnick Program for Food Law and Policy at UCLA. Sascha is a partner at Sheppard Mullin’s Los Angeles office. She is Practice Group Leader of the Business Trial Practice Group, leads the firm's food and beverage industry team, and leads the consumer class action defense team.

Together, Michael and Sascha are the program co-chairs of the Food Law Conference in Los Angeles, Ca.

What We Discuss in this Episode:

• What is the food law conference and how did it begin?
• Why food law has proven to be an interesting topic to explore
• The various regulations that impact the food industry
• How has the way food is grown and processed changed over the years?
• What are standards in food fraud?
• What developments in food regulations should C-Suite members know about?
• What type of opportunities are available to incorporate cannabis into food?
• How do people’s experiences and cultural backgrounds affect their expectations when it comes to food?

Contact Information:

Michael Roberts

UCLA Resnick Center for Food law and Policy

roberts@law.ucla.edu

Sascha Henry

Sheppard Mullin attorney profile

shenry@sheppardmullin.com

LinkedIn

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As companies continue to grow and expand across the world, the need to remain vigilant about protecting and defending against business crimes such as trade secret theft and human trafficking becomes increasingly important. We’re exploring how companies can best protect against theft of intellectual property and confidential information. We're also discussing what companies can do to combat human trafficking.

Joining me for this conversation is Chuck Kreindler. Chuck is a partner in the Government Contracts, Investigations & International Trade Practice Group and the White Collar Defense and Corporate Investigations Team Leader at Sheppard Mullin.

What We Discuss in this Episode:

• What are the key areas of business fraud?
• How can companies deal with employees who steal company trade secrets?
• Why should companies maintain the importance of free-flowing information within company boundaries but still protect against potential theft?
• How strongly-worded confidentiality documents and agreements are necessary between companies and vendors
• Why it’s more difficult to prove trade secret theft in criminal cases than civil ones
• The importance of having robust data loss prevention tools
• How to maintain awareness of potential human trafficking matters within your company when doing business in foreign countries
• Under what circumstances can foreign companies be prosecuted in the U.S. under extraterritoriality jurisdiction?
• What is the False Claims Act and how can companies best remain compliant with it?
• Why is there rampant fraud in the healthcare industry?

Contact Information:

Chuck's Sheppard Mullin attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this recap episode, I’m extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st intercontinental business landscape in which they operate.

In Episode 31 and Episode 33, we checked in on the Executive and Congressional branches of the government with Jonathan Meyer and Elizabeth Frazee, respectively. Both guests shared their insights on happenings such as the Mexican border closure, the approaching potential fiscal cliff, Mueller report myths, the Paris Climate Agreement, the state of Puerto Rico, and privacy regulations. What do all of these events mean for the C-Suite?

In Episode 32, we explored a snapshot of the Food and Drug Administration (FDA) with Allison Fulton, where she shared the past and future state of the agency. We also discussed its comparison to similar agencies in other countries. My conversation with Allison created a sense of belief that it’s possible for the government to be an ally to businesses.

In Episode 34, we looked at pending European Union reforms and what they might mean for the multi-national order with Robert Klotz. Robert shared his insight on proposed European Union competition law reforms and their impact on EU companies.

In Episode 35, we replayed a former episode covering blockchain technology with James Gatto. Jim explained what blockchain is and how companies can use this technology in areas involving smart contracts and supply-chain management. Even though blockchain is a term many are now familiar with, it’s still uncertain how well people understand this technology and how it works.

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Blockchain stands to be the most disruptive technology in the world. Its adoption by multinationals is crucial to their success. How can the C-Suite best use this technology to improve the efficiency of operations and gain advantages in areas including security, shipping, payments, and supply chain?

Joining us to share his insight on this topic is James Gatto. Jim is a partner in Sheppard Mullin’s Washington, D.C. office, where he leads the firm's Blockchain Technology and Digital Currency, Social Media and Games, and Open Source industry teams.

This episode originally aired on September 19, 2018 as Episode 3.

What We Discuss in This Episode:

• What blockchain is exactly and what the various types are
• The concept of decentralization and distributed technology
• The unique process of recording, validating, and distributing data using blockchain technology
• Why it’s important that blockchain technology relies on distributed instead of centralized data
• The difference between blockchain and historic forms of ledgering
• How one can use this technology to send and receive money more securely
• What smart contracts are and how companies can use them
• How smart contracts can be used in shipping, payments, and supply chain
• Can smart contracts eventually replace lawyers and judges in certain legal processes?
• How companies can use this technology to gain operational and efficiency advantages

Contact Information:

Email: jgatto@sheppardmullin.com

LinkedIn

Law of the Ledger blog

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Given the European Union’s recent blocking of the merger proposal between Siemens and Alstom, we’re exploring how the German and French companies' deal would have challenged European Union competition laws.

Joining me for this conversation is Robert Klotz. Robert is a partner in the Antitrust & Competition Practice Group in Sheppard Mullin’s Brussels office. He concentrates on all aspects of EU and German competition and regulatory law and represents clients before the European Commission and national authorities, with a particular focus on network industries, such as energy, telecommunications, post and transport.

What We Discuss in This Episode:

• Are competition laws most effective when applied within the boundaries of a country?
• How did the European Union’s blocking of the Siemens and Alstom proposed merger affect various businesses in the EU?
• What was the strongest argument in favor of the merger?
• What is the substance of the reform proposals brought about by France and Germany?
• Is it important to explore the intent behind a country’s competition laws?
• Does an argument for a global market undermine an individual country’s competition laws?
• Should there be an automatic acknowledgment of global markets in every competition law assessment?
• What were some of the Commission’s conclusions while reviewing the merger proposal?
• What can other nations learn from one specific public interest provision in Germany’s competition laws?
• Will China’s refusal to allow outside companies to compete within its borders put pressure on other countries like those in Europe and the US?

Resources Mentioned:

Robert’s article, "No time for losers, 'cause we are the Champions!"

Contact Information:

Robert's Sheppard Mullin attorney profile

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As Congress marks its 100th day in session and we make our way through Q2 of 2019, we’re taking a closer look at several of the important issues that Congress will be addressing, from the Paris Accord to the review of judicial nominees and natural disaster relief for Puerto Rico.

My guest, Elizabeth Frazee, is joining me for the second time on this podcast to share her insight and updates on the 116th U.S. Congress. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

What We Discuss in This Episode:

• How will Congress handle H.R. 1644 – Save the Internet Act of 2019?
• Given the disagreement between the House of Representatives and the Executive Branch, how will the House handle executive privilege, especially as it relates to the Mueller Report and security clearances?
• How does Congress feel about the redacted Mueller Report?
• What affect will Senate Majority Leader Mitch McConnell’s nuclear option have on presidential nominations?
• Will bipartisanship only increase with the Senate’s current approach to presidential nominees?
• Are party politics or qualifications influencing the Senate’s approach to the nominees?
• Will there be relief for the people of Puerto Rico?
• What are the prospects for the House’s bill, H.R.9, directing the U.S. to return to the Paris Agreement?
• How will privacy legislation be dealt with given federal preemption?
• What will happen with the trilateral treaty with Canada and Mexico, the USMCA?
• Is progress being made in the China-America trade negotiations?

Resources Mentioned:

Elizabeth’s prior episode (Episode 21)

Liisa Thomas’s episode (Episode 25)

Contact Information:

www.twinlogicstrategies.com

elizabeth@tlstrategies.com

Twitter: @efrazeedc

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The core responsibilities of the Food and Drug Administration (FDA) are to promote public health by reviewing and assuring the safety, effectiveness, quality, and security of drugs, vaccines, medical devices, and several other products.

In this episode, we’re exploring how the FDA operates in the U.S., the types of products it regulates, and how multinational companies can better understand the regulations that relate to their products. Joining me for this conversation is Allison Fulton. Allison is a partner in the Life Sciences and FDA team and is based in Sheppard Mullin’s Washington, D.C. office. Allison advises life sciences companies, including pharmaceutical, medical device, dietary supplement, food and cosmetic companies, in matters relating to the development, manufacture, and marketing of products regulated by the U.S. FDA.

What We Discussed in this Episode:

• What is the FDA and how does it function?
• What types of products the FDA regulates
• What is digital health and what types of products incorporate this new trend in the health space?
• How the FDA regulates medical devices that are software-based and includes artificial intelligence
• Is there any merit to the belief that the U.S. FDA process is more restrictive than similar agencies in foreign countries?
• How do other countries and their agencies regulate products and how can multinationals analyze the classification of their products in those countries?
• What’s the difference between clearance and approval by the FDA?
• What are some recent developments at the agency, especially with a new Commissioner coming in?
• How does the FDA handle products, food, and supplements with cannabis-derived ingredients in them?

Contact Information:

Allison’s Sheppard Mullin attorney profile

afulton@sheppardmullin.com

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It can often be difficult to understand all of the ramifications of the current administration’s political actions and the effect on U.S. companies doing business across borders. We’re taking a closer look at several trending events including the potential Mexican border closure, another government shutdown, Obamacare, the Mueller report, and current Congressional oversight.

Joining me today is repeat guest, Jonathan Meyer. Jonathan is a partner at Sheppard Mullin and counsels clients on their interactions with federal and state government, as well as cybersecurity, homeland security, Congressional oversight and immigration, among other challenges.

What We Discuss in this Episode:

• What does closing the border with Mexico really mean?
• How would a border closure affect the U.S. economy?
• Is it normal behavior to threaten border closure in the absence of a national security threat?
• Does a border closure fly in the face of other treaties, like NAFTA, and commitments that the U.S. is committed to?
• Can a President unilaterally cancel a treaty?
• What does the Federal Reserve Board do and why is Steve Moore’s nomination to the Board controversial?
• How has the President managed to be so successful at influencing bureaucracies that should otherwise be immune from influence?
• Will there be another government shutdown?
• What three things could converge in 2019 and contribute to another government shutdown?
• What will happen with Obamacare given changes to the tax code and a new Court decision?
• Will the American public ever know the contents of the Mueller report?
• Where does Congressional oversight sit right now?

Contact Information:

Jonathan’s Sheppard Mullin attorney profile

jmeyer@sheppardmullin.com

Thank you for listening!

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In this recap episode, I’m extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st Century intercontinental business landscape in which they operate.

In Episode 25, we were brought up to speed on privacy laws by Liisa Thomas. Liisa discussed the importance of identifying how data collected can best be used (and not simply kept safe). Liisa covered the newly minted CCPA in California and GDPR in the European Union and explained the uptick in enforcement by administrations in various states across the country. We explored the prohibitive nature of the density of emerging privacy laws.

In Episode 26, I spoke with Oliver Heinisch, and we discussed the latest updates on the state of Brexit and addressed the question of whether or not there will be a deal. Since the airing of this episode, matters have not improved in the United Kingdom as there is still no deal regarding Brexit.

In Episode 27, we were joined by Luca Salvi who shared his insight on the gangbuster state of merger and acquisitions and private equity markets. Luca explained the current attractive state of affairs for investors who are looking to place their money somewhere - something to note if you’re looking to invest.

In Episode 28, we explored the California cannabis industry with Christopher Sabec. Christopher, along with building quite the career in entertainment as the manager for The Dave Matthews Band as well as Hanson, established his expertise in cannabis law. Chris shared his insight on the new California cannabis regulations taking effect this year and explained what companies should know regarding licensing in this space.

In Episode 29, we discussed establishing effective corporate compliance programs with Jim McGinnis. Jim expressed the importance of compliance since compliance regulations appear in every industry and reach every dimension of doing business. Jim emphasized the need for businesses to pay attention to assembling strong corporate compliance programs and actively complying with them.

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Corporate compliance is increasingly becoming an important part of corporate culture and existence. However, there is a great deal of mystery around what compliance truly means, why it’s important, and what needs to be done to meet legal guidelines.

I’m joined by Jim McGinnis, a member of the Antitrust and Competition Practice Group in Sheppard Mullin’s San Francisco office. Jim was formerly an Assistant United States Attorney for the Eastern and Central Districts of California, serving in the Criminal Division from 1984-1988. He specializes in complex litigation and white collar criminal matters with a focus on antitrust issues, often in the international arena.

What We Discuss in this Episode:

• What does compliance mean in the corporate setting?
• What areas of corporate existence does compliance touch upon?
• Why is it important for corporations to have compliance plans?
• The Yates Memo and what it aimed to achieve
• How can a compliance program help protect against exposure to liability?
• Is there greater compliance when the consequences of noncompliance are criminal penalties as opposed to civil ones?
• What is the biggest challenge facing multinationals when it comes to compliance programs?
• Are companies expected to understand the laws and regulations of every country they’re doing business in?
• How clear is the framework and guidelines for setting up a compliance program?
• What are certain actions an organization must establish in order to meet the compliance requirements?
• What is “tone at the top” and how does it affect corporate compliance?
• Some mistakes Jim has seen throughout his years working in this space

Resources Mentioned:

The Yates Memo

Department of Justice – US Sentencing Guidelines

Section 8B2.1 – Effective Compliance and Ethics Program

Contact Information:

Jim's Sheppard Mullin attorney profile

jmcginnis@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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With cannabis quickly becoming big business for new and established companies alike, we’re turning out attention to one of the largest cannabis markets in the world - California. From trademark and cultivation licensing to banking, the laws and regulations of the state of California are ever-evolving in order to keep up with this growing field.

Joining me to discuss the evolution of the cannabis industry and related laws and regulations is Christopher Sabec, a Cannabis and Entertainment Law attorney with Fox Rothschild with decades’ worth of successful business management and executive leadership.

What We Discuss in This Episode:

• Christopher’s interesting background working and representing the Dave Matthews Band and Hanson
• How the cannabis industry has evolved over the years
• What three agencies are in charge of regulating the California cannabis market?
• What is the process for putting forth regulations in this industry?
• Why the California cannabis market required emergency regulations?
• Were there major changes between the initial emergency regulations and the permanent regulations?
• What types of brand licensing agreements exist in this space?
• How does the Bureau of Cannabis Control (BCC) define “ownership” for trademark and licensing purposes?
• The current bill being considered by the California Senate regarding license applications
• What are the types of licenses a business can apply for and which agencies issue them?
• Can cannabis be cultivated without a license in California? What are the limitations there?
• Given Federal law limitations on this industry, how do cannabis companies handle their banking?
• How can attorneys better deal with the state regulatory agencies in this space?

Resources Mentioned:

Bureau of Cannabis Control (BCC)

California Department of Food and Agriculture (CDFA)

Contact Information:

csabec@foxrothschild.com

Fox Rothschild attorney profile

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The past couple of years have proven to be banner years for private equity and merger and acquisition activity, with no signs of slow down in 2019. With cash on hand to invest and the increase in Representation and Warranty Insurance policies, forecasters expect these trends to continue.

I’m joined by Luca Salvi to discuss the current state of the M&A and private equity trends in the United States. Luca is a member of Sheppard Mullin’s Executive Committee and a partner in the Corporate Practice Group. He is also the International Liaison for the Firm’s European Offices. Luca served as the former Managing Partner of the Washington, D.C. Office and the past head of the Aerospace & Defense Team and the Private Equity Team at the Firm.

What We Discuss in this Episode:

• The current state of U.S. private equity and M&A markets
• What’s causing the abundance of activity in U.S. markets?
• Why is the landscape so particularly attractive to sellers right now?
• The current tax administration and how it has encouraged activity in the M&A markets
• Are there economic factors that create abundant M&A activity?
• How M&A appears in various industries
• Are the credit and loan markets threatening the future growth of U.S. markets?
• What is Representation and Warranty Insurance (R&W Insurance) and how is it providing extra security for sellers?
• What makes R&W Insurance more economical and attractive in this market?
• Has the advent of R&W Insurance made due diligence even more important?
• How R&W Insurance has caused buyers to communicate in a more sophisticated way

Contact Information:

Luca’s Sheppard Mullin attorney profile

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Is Brexit happening or not? As the world takes a wait-and-see approach regarding the United Kingdom’s potential withdrawal from the European Union, we’re bringing past guest (from Episode 5) Oliver Heinisch back to discuss the latest updates on the negotiations between the UK and the EU. Oliver shares his insight on the implications of a withdrawal on UK financial services companies and multinationals headquartered in the UK.

Oliver Heinisch is a partner in the Antitrust and Competition Practice Group in the firm's London office. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discuss in this Episode:

• Why the European Union does not want to reopen the withdrawal agreement?
• The significance of the March 29th, 2019 date
• Is the UK’s Prime Minister, Theresa May, simply running out the clock? What does that even mean?
• What provisions of the Brexit withdrawal agreement are uncertain and unfavored by the government?
• Is an extension possible?
• How is the UK preparing in case there is a withdrawal?
• Will EU companies remain open for business?
• Are London financial services companies going to be migrating elsewhere?
• The potential increase in diversification in financial services across the EU
• Will major companies like Honda and Panasonic move out of the UK if there is a withdrawal?

Contact Information:

Oliver Heinisch's Sheppard Mullin attorney profile

oheinisch@sheppardmullin.com

+44 203 178 7833

Thank you for listening!

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Privacy varies widely across borders and within nations. The norms and expectations of privacy even vary across demographics and generations. So how can multinationals keep up with changes in privacy law and compliance requirements?

Joining me to share her insight on privacy and cybersecurity issues is Liisa Thomas. Liisa Thomas, a partner based in the firm’s Chicago and London offices, is Practice Group Leader of the Privacy and Cybersecurity Practice. Liisa is the author of a definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, and she is a contributor to the Sheppard Mullin Eye on Privacy blog.

What We Discuss in This Episode:

• When does the CCPA go into effect and when will it be enforced?
• What types of disclosure does the new privacy law in California require of organizations?
• The two approaches that privacy legislation entail
• Is there a difference between information ownership and information use?
• In a simplified way, what are the basics of U.S. privacy law requirements?
• What is the European Union’s GDPR law?
• Why should tech companies (or companies that use a lot of technology) and companies that suffered data breaches be the most concerned with GDPR compliance?
• What tools exist to help companies identify consumers (and why is that necessary)?
• Why it’s important for companies to discuss information protection
• How are privacy laws being enforced on the State and Federal levels?
• What affect do politics have on the enforcement of privacy laws?
• Where should you focus your attention, a business leader, at this very moment?

Contact Information:

Liisa’s Sheppard Mullin attorney profile

lmthomas@sheppardmullin.com

Blog – www.eyeonprivacy.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this recap episode, I’m extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st Century intercontinental business landscape in which they operate.

In Episode 19, because of the historic government shutdown, we spoke with Jonathan Meyer who explained what the shutdown meant for businesses. Along with listing the various entities that were and weren't affected by the shutdown, Jonathan explained how the economy was affected overall.

In Episode 20, we tackled the evolving nature of the healthcare system with David Garcia. David explained how and why antitrust applies to the healthcare industry at all. He elaborated on the merger and acquisition activities taking place in the industry, and we discussed the question: can natural market forces exist in this sector?

In Episode 21, we talked with Elizabeth Frazee about the real business of Congress. Elizabeth enlightened us about the fact that despite having a divided Congress, a lot of important legislation can still be passed, as has often happened in the past. This is not a time for C-Suite members to sit back and disengage. Quite the opposite!

In Episode 22, we explored the impact of foreign investment controls with Curt Dombek. Curt emphasized the major tectonic shifts that are occurring with U.S. foreign investment control regulations, and emerging corresponding regulations in Europe.

In Episode 23, we turned our attention to Mexico and Latin American countries with Luis Maizel. Luis describes the political and economic state of affairs in Mexico, Brazil, Argentina, Chile, and Venezuela. He describes the drastic effects of the swings of power in many of these countries. Luis also discusses the question why Latin America is not more important to the U.S.

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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With over 500 million people and the fourth largest collective economic market in the world the Mexican, Latin American, and South American markets hold great opportunity for investment and growth for multinationals. However, because of various incidences of political upheaval and economic changes, it’s important for C-Suite executives to understand the unique changes in each country prior to expansion.

Joining me to share his insight on the changes in Mexico, Latin America, and South America is Co-Founder and Senior Managing Director of LM Capital Group, Luis Maizel. Luis updates us about recent changes in various countries including Mexico, Chile, Venezuela, and Brazil.

What We Discuss in this Episode:

• Why aren’t Latin American markets treated more importantly?
• How are tariffs affecting Mexican manufacturers as opposed to US manufacturers?
• What is contributing to Mexico’s economic market and political environment?
• How have recent changes in Mexico’s political climate affected foreign investment?
• How Chile’s political climate has created a steady, safe, and growing economy
• What is happening in Venezuela and how is it affecting the price of oil?
• Is there potential in Brazil despite having smaller exports?
• What types of potential exist in Argentina?
• For investors that have money in these countries, what should they do now?
• Why it’s important to pay attention to these Latin American markets but approach doing business with open eyes and ears

Contact Information:

Website: www.lmcapital.com

Email: lmaizel@lmcapital.com

Phone: (619) 814-1400

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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If your organization and its leadership have reached a point where you’re considering accepting foreign investment money, what do you need to know about recent changes in foreign investment control laws that might affect your decision making? In this episode, we cover what you need to know about the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) in order to remain compliant with modern foreign investment laws.

I’m joined by Curt Dombek, a partner in the Government Contracts, Investigations & International Trade Practice Group at Sheppard Mullin. Curt divides his time between the firm's Brussels and Los Angeles offices. He currently serves on the Regulations and Procedures Technical Advisory Committee of the Department of Commerce.

What We Discuss in This Episode:

• What are foreign control regulations and what is the Committee on Foreign Investment in the United States (CFIUS)?
• Why does foreign investment in US companies require greater scrutiny than investment in US real estate?
• What types of investments trigger mandatory filings under FIRRMA?
• What areas of technology fall under the purview of FIRRMA?
• How to distinguish passive investments from other involvements that affect more substantive decision making
• What led to increased scrutiny and the tightening of security against foreign investments?
• Should US companies be concerned with China and Europe seeking to advance in technology?
• How the current administration has changed the definition of national security
• How are similar investment rules developing in Europe and China?
• Is there concern that some country will use “national security” as an excuse to restrict trade?
• The 3 areas business executives should pay attention to the most when exploring foreign investments

Resources Mentioned:

US Foreign Investment Act

Foreign Investment Risk Review Modernization Act of 2018

Export Administration Regulations

Contact Information:

Curt's Sheppard Mullin attorney profile

c.dombek@sheppardmullin.com

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There’s a lot of sensationalism in the American political climate these days. The tone of discourse and the portrayal of Washington in the media has shifted. It’s important to re-center ourselves and refocus our attention on the fact that the government does (and can!) function properly. Drawing on the Clinton Administration as an example, we see that it’s possible for the government to pass significant legislation, many of which affect multinationals, even when the government appears to be in disarray.

Joining me to explore this topic further is my guest, Elizabeth Frazee. Named a “Top Lobbyist” by The Hill newspaper, Elizabeth has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

What We Discuss in This Episode:

• Has everyone in Congress lost their heads or is there still some sense of business as usual?
• Looking at the Clinton Administration, there was much chaos during the impeachment proceedings and yet, significant legislation was still passed
• What the active agenda is that has been set by three top Democratic Congressmembers
• Why we often see bipartisanship on the business issues even when there is partisanship on the political issues
• Will the change in the House of Representatives, with Democrats taking control, affect the C-Suite?
• How and where does Congressional oversight begin?
• The format that Congressional oversight hearings take
• When it comes to consumer expectations regarding privacy, what position is Congress taking on the sharing of information and collection of data via technology?
• Will the seemingly negative discourse around governmental relations affect the real business of Congress?

Contact Information:

www.twinlogicstrategies.com

elizabeth@tlstrategies.com

Twitter: @efrazeedc

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The healthcare industry in the U.S. is different than the healthcare systems of just about every other country in the developed world. As the industry continues to evolve with the injection of private funds and the changing roles of physicians, we’re exploring how the changes in this sector impact antitrust laws. Furthermore, we’re highlighting what business leaders should know about the changes in this industry.

Joining me to share his deep insight on competition laws in the healthcare industry is David Garcia. David is a partner in Sheppard Mullin’s Century City office, where he is also the Office Managing Partner. He is a litigator with a broad background in complex civil litigation for major U.S. companies, including extensive class action and multidistrict litigation experience. His practice focuses principally on antitrust litigation and counseling with particular emphasis on the entertainment industry, healthcare litigation and mergers and the intersection between antitrust and intellectual property in litigation and joint ventures.

What We Discuss in This Episode:

• What does antitrust have to do with healthcare?
• Why is it that mergers and acquisitions in this industry are astoundingly high?
• Where are many of the mergers and acquisitions in healthcare occurring?
• How has private equity and venture capital money transformed the healthcare industry?
• Categorically, who are the major players in this sector?
• What is the difference between in-patient and out-patient care?
• How what it means to be a doctor in the U.S. has changed fundamentally
• How has the aging population driven the increase of government expenditures?
• What is “managed care” and how does it affect antitrust laws?
• Should concentrated markets be avoided?
• The nature of horizontal and vertical consolidation in the healthcare industry

Resource:

David's article - Amex Ruling May Have Big Impact on Health Insurance

Contact Information:

David’s Sheppard Mullin attorney profile

LinkedIn

Email: drgarcia@shepparmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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We are currently experiencing history in the making with the longest government shutdown to date. Jonathan Meyer joins us to shed light on what is happening in Washington D.C. with the shutdown and how that is affecting and will affect government employees and businesses.

Jon Meyer is a partner at Sheppard Mullin and counsels clients on their interactions with federal and state government, as well as cybersecurity, homeland security, Congressional oversight and immigration, among other challenges.

What We Discuss in This Episode:

• How the Food and Drug Administration is affected by the government shutdown
• What really happens when a government shuts down?
• What’s the difference between a partial and complete shutdown?
• Which departments have been most negatively affected by the shutdown?
• Which departments remain open?
• How does the shutdown impact the work that governmental departments carry out?
• How will regulatory functions of various government departments directly impact C-Suite members
• Why the shutdown is more costly for the government and the economy than keeping agencies functioning as usual
• If the shutdown continues, what will happen to the economy?
• What are the different types of employees?

Resources Mentioned:

Episode 17 with Jonathan Meyer

Contact Information:

Jonathan’s Sheppard Mullin attorney profile

jmeyer@sheppardmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this recap episode, I’m extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st intercontinental business landscape in which they operate.

In Episode 13, I spoke with Morgan Forsey about how human capital is redefining 21st century workplaces. We explored the use of arbitration clauses in employment agreements from a policy perspective and perception perspective. Morgan and I also discussed the importance of conducting due diligence when it comes to equal pay and how companies can avoid risk in this area.

In Episode 14, I spoke with Paul Werner about the essentials of net neutrality, its origins, and its role in today’s world. We explored the reasons in favor of and against internet regulation.

In Episode 15, I was joined by Sarah Aberg and we discussed three important developments C-Suite members should know about insider trading. Sarah shared her insight on short swing trades and various enforcement trends the government is currently using.

In Episode 16, I spoke with William Kruse about a law business within a business and in-house counsel’s changing value and role. We had a fascinating discussion about in-house counsel’s effect on decisions relating to supply chain and sales expansion around the world.

In Episode 17, I was joined by Jonathan Meyer and we discussed the myths of Congressional oversight. Jon and I explored the exact powers and authority of Congress in order to clarify several misconceptions that seem to be circulating.

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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As the Democrats prepare to assume control of the U.S. House of Representatives, many are speculating about the extent of Congressional oversight over the next two years. With this speculation comes a flood of misunderstanding and myths about the role of Congress and their oversight powers. In our conversation with Jonathan Meyer today, author of Don’t Be Fooled: Seven Myths About Congressional Oversight, we walk through several of the myths surrounding Congress, their Constitutional power to investigate, and how their powers affect all aspects of the economy.

Jon Meyer is a partner at Sheppard Mullin and counsels clients on their interactions with federal and state government, as well as cybersecurity, homeland security, Congressional oversight and immigration, among other challenges. Jon previously served various appointed roles in the United States Departments of Justice and Homeland Security prior to his recent re-entry into private practice.

What We Discuss in this Episode:

• What about the current administration inspired Jon to write this article?
• Myth 1 – The Democrats’ anticipated oversight of the Trump administration will lead to a disregard of oversight of the private sector
• What is Congressional oversight and how far does it extend?
• Myth 2 – A new Congress will automatically mean an abundance of subpoena issuance
• Myth 3 – Congressional hearings are all the same and happen too frequently
• Myth 4 – All subpoenas are the same
• What is the proper way to comply with a subpoena if you’re on the receiving end of one?
• Myth 5 – A Congressional investigation is similar to discovery in a civil suit
• When Congress enforces a subpoena, how much authority does a Court have in interpreting that subpoena power?
• What is the difference between oversight of agencies and oversight of private individuals and companies?
• Myth 6 – In order to be issued, subpoenas require a majority vote of the committee
• Myth 7 – The law is the most important factor in determining what happens in Congressional oversight

Resources Mentioned:

Jon’s article – Don’t Be Fooled: Seven Myths About Congressional Oversight

Contact Information:

Jonathan’s Sheppard Mullin attorney profile

jmeyer@sheppardmullin.com

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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From managing internal crises to assisting in the international expansion of the business, the duties and responsibilities of corporate counsel in a multinational company directly support the growth of the business. There is currently a great deal of change happening in the in-house department of corporations that C-Suite members should know about in order to fully utilize corporate counsel’s value.

Joining us on the show today to discuss the evolving nature of corporate counsels and their roles is William Kruse, Gallup's Regulatory Compliance Officer & In-house Counsel, working primarily in support of the Government Division. Bill is also the author of the recently published book, The Corporate Counsel Survival Guide.

What We Discuss in this Episode:

• What inspired Bill to write this book
• Corporate law is changing and so is the role of in-house counsel
• What is the role of the in-house department in a company today?
• Should startups and medium-sized businesses be concerned with having an in-house department?
• Why companies should utilize their lawyers’ unique analytical skills?
• As companies evolve into global corporations, having an attorney in-house who understands all aspects of legal issues becomes crucial
• Why C-Suite members should pay especially close attention to whom they hire as their corporate counsel
• Lawyers considering joining a company as corporate counsel must enjoy the business side of the law as well as believe in the company’s product/service
• Why it’s important for corporate counsel to grow and develop the next generation of leaders in the business
• How can you graciously work with “opponents” in order to turn them into allies?
• What you should know about how to best manage crises (and how to recognize “real” crises from insignificant ones)

Contact Information:

Twitter: @weklawyer

LinkedIn: William Kruse

Bill’s book The Corporate Counsel Survival Guide

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The rules surrounding insider trading and securities violations are extensive and can be complicated. In order to determine if an executive selling or buying stock in their own company or if a company member trading on information provided to them, either directly or indirectly, is acting appropriately, it’s important to become familiar with the securities rules.

Joining me on the podcast to shed light on this topic is Sarah Aberg, an attorney in Sheppard Mullin’s New York office. Sarah’s practice encompasses securities regulation, compliance, and litigation as well as internal investigations and white collar defense.

What We Discuss in this Episode:

• Who is considered an “insider” for insider trading purposes?
• The two key statutes to be aware of when it comes to securities fraud law
• How does a court determine if a person is engaged in insider trading?
• Why is there a restraint on executives trading on information that has not been disclosed to the public? What effect does that have on the market?
• Do insider trading rules only apply to public companies or do they apply to private companies as well?
• When a tippee receives insider information and acts on it, should he/she be liable for insider trading? How is that determination made by the court?
• What is 18 U.S. Code Section 1348 and how does it allow for criminal violations of insider trading rules?
• Along with knowing federal securities fraud statutes, it’s also important to be familiar with state statutes
• What happened in the Equifax data breach and what can executives learn from the incident?
• How can companies prevent and control for insider trading?
• What are short swings and how do they affect an insider’s ability to buy or sell shares within a certain time period?
• What are Rule 10b5-1 plans and how do they protect insiders?

Resources Mentioned:

Dirks v. SEC (1983)

United States v. Newman (2014)

United States v. Martoma (2018)

Salman v. United States (2016)

SEC Rule 10b-5

Contact Information:

Sarah’s Sheppard Mulling attorney profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Coined by Columbia University law professor, Tim Wu, in 2003, net neutrality has been the impetus for major political and technological debates. From Comcast to Madison River Communications, there have been various Internet Service Providers who have tested the limits of net neutrality, triggering the Federal Communications Commission to step in, take action, and in effect, shape the future of the internet.

In order to further understand the future state of the internet, we’re exploring the past, present, and future state of net neutrality and its impact on the way consumers access information on the internet.

My guest today is Paul Werner, a partner and Practice Leader of Sheppard Mullin’s Business Trials Practice Group in the Washington D.C. office. Paul is a seasoned first-chair litigator and has extensive experience representing cable operators, telecommunications, and other broadband providers in matters involving communications law issues, including local franchising, PEG programming, rights-of-way, pole attachments and infrastructure deployment, and a host of other related issues.

What We Discuss in this Episode:

• What is net neutrality and why is there so much buzz around that topic these days?
• Are there common carriage obligations and what concerns do they address?
• In order to understand where we are now with net neutrality, it’s important to understand how the Federal Communications Commission (“FCC”) has approached communication regulations in the past
• What is the virtuous cycle of innovation and why is it important to keep it spinning around?
• How information services developed over the years
• The essence of net neutrality requires transparency, no blocking, no throttling, and no paid prioritization.
• How did the FCC change the way internet services were classified for regulatory purposes?
• What was the Open Internet Order that the FCC issued and what happened to it under the new administration?
• Should states establish their own individual net neutrality regulations?
• Can communication policies be localized to the states or are they inherently national?
• Is internet regulation a good thing? Could it potentially frustrate technological innovation?

Resources Mentioned:

Communications Act of 1934

Telecommunications Act of 1996

Open Internet Order

Contact Information:

Paul’s Sheppard Mullin attorney profile

pwerner@sheppardmullin.com

(202) 747- 1931

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Investing in the development of human capital can prove to be an invaluable asset for a company looking to grow and innovate. What should employers know about current employment law trends in order to build advantageous relationships with their workforce?

Joining us to explore 4 major areas of employment law issues in multinational companies, namely, arbitration clauses, remote workforces, equal pay, and the gig economy, is Morgan Forsey. Morgan is a partner in the Labor and Employment Practice Group at Sheppard Mullin and is co-Office Managing Partner of the San Francisco office. Morgan handles all facets of labor and employment matters.

What We Discuss in this Episode:

• The use of arbitration clauses in employment agreements
• The United States Supreme Court’s 2018 landmark Epic Systems Corp. v. Lewis permitting class action waivers in arbitration clauses
• Public, private and state legislative reaction to the newly settled wide latitude enforcing employment arbitration agreements
• Whether Epic Systems will diminish the economic impact surrounding potential employment class action claims?
• The impact of arbitration clauses and settlement agreements in the Me Too era
• What is a remote workforce and what human capital impacts does the C-Suite need to navigate in this 21st Century employment relationship?
• Protecting corporate property across an international remote workforce
• Why equal pay is here to stay
• How employers can protect themselves auditing equal pay and making positive remedial change
• How the 21st Century gig economy is highlighting old conversations around independent contractors?
• How the current world assesses whether a workforce is employee or independent contractor based

Resources Mentioned:

Epic Systems Corp. v. Lewis

California Assembly Bill 3080

Contact Information:

Morgan’s Sheppard Mullin attorney profile

LinkedIn

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this recap episode, I’m extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st intercontinental business landscape in which they operate.

In Episode 7, we spoke with Fatema Merchant about India’s emergence in the global market. We explored the tech boom, the Millennial generation, and women’s roles in the economy and how these are transforming India’s economy.

In Episode 8, we spoke with Jonathan Aronie who shared eight lessons to lasting corporate reform. Serving as the Federal Monitor over the New Orleans Police Department, Jonathan gained insight on how corporations can establish reform that sticks.

In Episode 9, we talked with economist Susan Henley Manning. Susan discussed the U.S. International Trade Commission’s process of defining domestic import injuries and applying necessary remedies.

In Episode 10, we talked about testing the temperament of current financial securities regulations with Jeff Kern. Jeff emphasized the importance of line enforcers and their duty to regulate securities diligently regardless of the makeup of the political administration at the time.

In Episode 11, we spoke with Nady Nikonova about platform markets ranging from credit card networks to social platforms like Facebook and Amazon. As more and more platforms emerge, Nady points out the emergence of interest by economists in this space and the increase in regulatory focus and scrutiny.

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

Be sure to connect with us and reach out with any questions/concerns:

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Platforms and platform technologies like Amazon, Google, Apple, Uber, Payment Networks and Facebook have been the subject of much regulatory focus as of late. Are potential regulations of these platforms a little too soon and a little too restrictive? Are we risking stifling innovation? Using the recent American Express anti-steering Supreme Court of the U.S. case, we explore the issues facing platforms, participants, and regulators.

My guest on the show today is Nady Nikonova. Nady is an economist and attorney in the Antitrust and Competition Practice Group in the Sheppard Mullin San Francisco office. Her practice focuses on high-technology cartel and monopolization cases. She has special experience applying sophisticated economic analysis to antitrust law.

What You’ll Learn in This Episode:

• What is a platform exactly and how is it defined?
• Which company found itself on the other side of a lawsuit by the Department of Justice?
• What do anti-steering provisions accomplish?
• Why does the DOJ Antitrust Division take issue with restrictions established by credit card companies?
• What was the Supreme Court’s decision regarding the American Express case?
• Did the DOJ Antitrust Division analyze both sides of the platform market in the AmEx case?
• How far ahead of the U.S. is Europe in investigating platforms?
• What should new and emerging platform companies know about the risks of entering their markets?
• How Platform Executives may need to think about the legal landscape impacting their competitive decision-making.

Contact Information:

Nady’s LinkedIn

Sheppard Mullin attorney profile

Nady’s article - AmEx Ruling May Have a Big Impact on Health Insurance

Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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With Tesla’s CEO and Chairman, Elon Musk, recently charged by the Securities and Exchange Commission with fraud over his misleading Tweets, we thought it would be timely to check in on the current state of regulatory enforcement in the U.S. We also explore the influence and effect of political administrations on the atmosphere of securities enforcement.

Joining us today is Jeff Kern, a partner in the Government Contracts, Investigations, and International Trade Practice Group in Sheppard Mullin’s New York office.

What We Discuss in This Episode:

• Who are the primary actors involved in securities regulation space?
• What are self-regulatory organizations (“SROs”)?
• How securities regulations affect the public markets in the U.S.?
• Is there a laissez-faire state currently?
• Is the SEC’s response to Elon Musk’s Tweets an example of the SEC acting swiftly to send a message?
• Is the next big economic crisis right around the corner? What affect does that have on the regulatory landscape?
• How nature abhors a vacuum – so does regulation
• The importance of credibility in regulation and how it is established by government agencies
• Are any states stepping into a more prominent enforcement or even adversarial role?
• Can a political administration restrain enforcement in this area?
• How can the C-Suite leverage the new environment?

Contact Information:

Jeff’s Sheppard Mullin profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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The International Trade Commission, which is an independent, quasijudicial Federal agency with broad investigative responsibilities on matters of trade, has become a virtual forum for private trade wars that can impact American and international markets drastically. Given the current trade wars, we’re exploring how multinationals should approach dealing with competing imports and their potential for undermining the market for domestic products.

Joining me is economist Susan H. Manning, Ph.D. Susan is a Senior Vice President at international economic consulting firm Compass Lexecon, based in Washington D.C. and London. She is Chief Operating Officer of the Center for Healthcare Economics and Policy within the Economic Consulting segment. Dr. Manning has over 30 years of economics and litigation consulting experience, including extensive expertise in antitrust, mergers and acquisitions, international trade, and regulatory policy analysis.

What We Discuss in this Episode:

• How can domestic industries be injured by imports?
• What are the different types of import injuries?
• When are import injuries brought under countervailing duty statutes?
• How the U.S. International Trade Commission ("ITC") investigates imports to determine if they violate intellectual property laws
• What is dumping?
• How do you determine the cost of production when discussing dumping?
• What affect do exchange rates and differences in markets affect cost of production?
• The importance of finding “injury” by the subject imports in the domestic market
• The process of filing a Petition claiming injury by subject imports
• What is price depression and price suppression?
• Can a determination of unfair practices be appealed to the WTO or any other organization?
• How do you apply the import injury analysis in nations that have nationalized economies?
• What affect the current trade wars have on dumping
• The various statutes that exist to help a US industry that is struggling because of the global trade wars
• How the ITC is an alternative forum for intellectual property infringement claims

Resources Mentioned:

U.S. International Trade Commission

Section 301 investigations

Section 201 safeguard statutes

Contact Information:

Susan's profile

Susan's email: smanning@compasslexecon.com

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Whether it’s improving company culture or changing internal policies and practices, organizations of all sizes are looking to institute reform. But just like with any change, often times, it doesn’t last. We’re exploring some ways organizations can institute sustainable reform.

Joining us to share his insight and lessons learned from his experience as a Federal Monitor overseeing the New Orleans Police Department is Jonathan Aronie. Jonathan is a partner in the Washington, DC office of Sheppard Mullin, and the co-leader of the firm’s Government Contracts and Internal Investigations Practice Group. In 2013, Jonathan was appointed by the U.S. District Court for the Eastern District of Louisiana to serve as the Federal Monitor over the NOPD Consent Decree, the most comprehensive Consent Decree in the country. He is the author of From Bourbon Street To The Board Room: Eight Aids to Sustaining Reform.

What We Discuss in This Episode:

• How Jonathan became the Federal Monitor over the New Orleans Police Department Consent Decree
• What is a Consent Decree?
• Why do corporations undertake organizational reform? What triggers reform initiative?
• The eight aids to sustaining reform that your company should consider undertaking
• The importance of establishing reform that company personnel do not want to dismantle
• How to insure reform efforts work (hint: you might have to let some people go!)
• What benefit exists to allowing organization members to go out and “see the world”
• How to measure your effectiveness when implementing reform?

Resources Mentioned:

Jonathan's From Bourbon Street to the Boardroom: Eight Aids to Sustaining Reform article

Contact Information:

Sheppard Mullin attorney profile

From the Big Easy to the Big Ten, and Beyond article

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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India is not showing signs of slowing down any time soon. Despite a historical complex regulatory environment and structural corruption, the country is seeing positive changes brought about by the current government, the technology boom, and the Millennial generation. Together, these could help India further emerge as a key player in the global economy.

Joining us in this episode to discuss these changes is Fatema Merchant. Fatema is an attorney in the Government Contracts, Investigations & International Trade Practice Group of Sheppard Mullin’s Washington, D.C. office. Fatema’s practice focuses on investigations, compliance counseling, and transactional due diligence related to international trade laws.

What We Discuss in This Episode:

• The role India currently plays in the world’s economy
• How bureaucracy, corruption, and lack of infrastructure affect India’s emergence
• What Prime Minister Modi is doing to help fight corruption
• What is being done to open foreign investment in Indian businesses?
• How the tech boom and the Millennial generation are increasing India’s participation in the world economy
• The benefits of Indians staying in India and investing their efforts there instead of working in other countries
• Due to other countries’ stricter immigration policies coupled with internal changes, many young Indians are choosing to remain in India, attend school there, and work there
• The political changes brought about by Prime Minister Modi in order to create a more progressive, transparent economy
• Data and privacy issues India is dealing with
• How unlocking women’s potential will be key to advancing the Indian workforce
• What areas of industry present opportunities for exploration?

Contact Information:

Sheppard Mullin's attorney page

LinkedIn

Facebook

Email: fmerchant@sheppardmullin.com

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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In this recap episode, I’m extracting the valuable lessons shared by my guests in the prior 5 episodes. I offer my two cents about my guests' practical advice offered to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st intercontinental business landscape in which they operate.

In Episode 1, we spoke with Scott Maberry and we discussed the modern trade wars, raising tariffs, and the need for the C-Suite to conduct due diligence on their supply chains.

In Episode 2, we spoke with Isabelle Rahman about the European Union’s fines against American technology companies, whether or not they justified, and what responsibility comes with holding super shares in the European Union market for multinationals.

In Episode 3, we talked with James Gatto about what the blockchain is, how it is currently being used, and how it can be used to improve business transactions.

In Episode 4, we spoke with Susan Jackson all about tuna! We discussed how multinationals can form joint ventures among themselves and accelerate environmental change where governments have failed.

In Episode 5, we spoke with Oliver Heinisch, about the United Kingdom’s decision to leave the European Union. We discuss the effect of Brexit on trade and multinationals doing business in the European Union.

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Brexit is expected to have a significant impact on multinationals doing business in and with Europe and the United Kingdom. From the impact on tariffs and customs to changes in manufacturing processes, we’re exploring what affect the United Kingdom’s decision to leave the European Union will have on multinational businesses.

Joining me today to share his insight on what led to the current state of affairs in the European Union is Oliver Heinisch, a partner in the Antitrust and Competition Practice Group in the firm's London office. Oliver advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures including related antitrust litigation matters as well as merger control law. He also regularly advises clients on questions relating to the UK’s decision to leave the European Union.

What We Discuss in this Episode:

• How did the European Union come to exist?
• What economic benefits did the European Union provide by bringing together the 28 member states?
• How does a nation become a member of the European Union?
• What are the benefits and detriments of being a European Union member state?
• The financial struggles that occurred in Greece and how that affected the European Union
• What events led to the vote for United Kingdom to exit the European Union?
• How united was the United Kingdom’s decision to leave the European Union?
• Could Scotland break apart from the United Kingdom in order to remain a member of the European Union?
• What does the United Kingdom have to do during the 2-year exit process to ensure a smooth break?
• What are the 3 biggest sticking points in the negotiations and the attempt of United Kingdom’s peaceful departure from the European Union?
• With the United Kingdom leaving the European Union, what effect will that have on tariffs, trade, customs checks, and manufacturing processes?
• How will jobs be affected?
• What is the Chequers Brexit Plan and what does the United Kingdom propose in this plan?

Resources:

Article 50 of the Lisbon Treaty

Good Friday Agreement

Contact Information:

Oliver’s Sheppard Mullin attorney profile

LinkedIn

Email: oheinisch@sheppardmullin.com

Antitrust Law Blog contributor

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Where nation states fail to provide necessary environmental regulations, multinationals step up and fill that gap. After all, multinationals are best situated to make a positive impact on the environment through socially conscious initiatives and data-driven decision-making. But how can companies accelerate change in their respective industries?

Joining us today to share her insight is Susan Jackson, president of the International Seafood Sustainability Foundation (ISSF), a global partnership among scientists, tuna processors, and environmental nonprofits to undertake science-based initiatives for the long-term conservation and sustainable use of tuna stocks, reducing bycatch and promoting a healthy marine ecosystem.

What We Discuss in This Episode:

• What the ISSF is and how it came to exist
• How the environmental community, scientists, and the tuna processing industries came together to establish more sustainable tuna fisheries
• Since tuna fish swim around in various waters, which nations are responsible for managing them?
• Why existing international organizations, like the IATTC and the ICAT, which are responsible for the conservation and management of tuna, got slogged down
• Are there disagreements among scientists when it comes to tuna stock assessment methods and data gaps?
• The beauty in finding NGOs that believe that businesses can be change agents
• What best practices and conversations are being exchanged between scientists, NGOs, Industry, and companies in order to create a more socially conscious supply chain
• Some of the greatest challenges of ISSF initiatives
• Can other industries adopt similar initiatives and models that will accelerate change?

Resources Mentioned:

World Wildlife Fund

IATTC

ICAT

WCPFC

Contact Information:

Twitter: https://twitter.com/issf

www.iss-foundation.org

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Blockchain stands to be the most disruptive technology in the world. Its adoption by multinationals is crucial to their success. How can the C-Suite best use this technology to improve the efficiency of operations and gain advantages in areas including security, shipping, payments, and supply chain?

Joining us to share his insight on this topic is James Gatto. Jim is a partner in Sheppard Mullin’s Washington, D.C. office, where he leads the firm's Blockchain Technology and Digital Currency, Social Media and Games, and Open Source industry teams.

What We Discuss in This Episode:

• What blockchain is exactly and what the various types are
• The concept of decentralization and distributed technology
• The unique process of recording, validating, and distributing data using blockchain technology
• Why it’s important that blockchain technology relies on distributed instead of centralized data
• The difference between blockchain and historic forms of ledgering
• How one can use this technology to send and receive money more securely
• What smart contracts are and how companies can use them
• How smart contracts can be used in shipping, payments, and supply chain
• Can smart contracts eventually replace lawyers and judges in certain legal processes?
• How companies can use this technology to gain operational and efficiency advantages

Contact Information:

Email: jgatto@sheppardmullin.com

LinkedIn

Law of the Ledger blog

Thank you for listening!

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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More than one hundred forty nations around the world have their own competition laws addressing how multinationals may compete in their borders. No two are the same. Knowing that, is it realistic to expect multinational companies to understand how policies and economics operate in countries around the world? How can multinationals doing business without borders compete abroad without fear of running into competition violations?

In this episode, we’re focusing specifically on Europe and how companies can compete on that continent. My guest on the show is Isabelle Rahman, a partner in the Antitrust and Competition Practice Group in the firm’s Brussels office. Isabelle has substantial experience in the application of the EU competition rules and represents clients active in the airline, chemical, consumer products, food, life sciences/pharma, fashion, entertainment and media industries, among others.

What We Discuss in This Episode:

• Which companies received the largest fines for violations of European competition laws?
• Is Commissioner Vestager on a crusade against U.S. technology companies doing business in Europe?
• Are the amounts of the fines levied against some U.S. tech companies in Europe appropriate?
• What are the different social underpinnings to the respective competition policies in the U.S. vs. Europe?
• Can your competitor file a complaint with the European Commission against your company?
• Why Europe consistently looks to protect against harm to the consumer
• Could a lack of similarly powerful and situated companies in Europe be one reason why the European Commission seemingly takes stricter measures against U.S. companies?
• What percentage of U.S. multinational companies’ revenues come from overseas?
• How has the Trump administration affected U.S. relations with Europe?
• How should companies with higher market shares in Europe conduct themselves in order to avoid violations?

Resources Mentioned:

European Commission Directorates General Competition

Contact Information:

Isabelle Rahman's profile page

LinkedIn

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, or Google Play. It helps other listeners find this show.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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There’s a lot of talk about trade wars lately so in our first episode of Nota Bene, we wanted to explore the current state of US trade policy including our trade wars with China and the European Union. We also explore the history of trade in the United States since World War II, what the Trump trade agenda entails, and what multi-national companies doing business abroad need to know to navigate the current trade environment.

We’re joined by Scott Maberry. Scott is an International Trade partner in the firm's Washington, D.C. office and a member of the World Economic Forum. Scott counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies including antidumping and countervailing duty (AD/CVD) matters, and Customs.

What You’ll Learn in This Episode:

• What is a trade war?
• Why are tariffs and how are they used as trade barriers?
• How World War II was an important marker in history with regard to US trade policy
• Are trade barriers good for the US economy in the long run or is it merely a short-term gain?
• How laws and regulations are the chosen weapons used by nations to fight trade wars
• What’s going on with the import duties placed on goods from China?
• The European Union, despite historically being a US ally, is now engaged in a trade war with the United States.
• What are trade blocks and why are they important when it comes to trade?
• How the US all but erased the ink off the Trans-Pacific Partnership
• Why and how multi-nationals with customers or supply chain outside of the US are greatly affected by the trade wars
• How tariffs in one country lead to retaliatory tariffs in another country and ultimately, no one wins in trade conflicts.
• The economic benefits of reduced tariffs
• What is the Trump trade agenda? Is it a good strategy for our economy?
• What is the scope of the current trade wars with China and the EU?
• What members of the C-Suite should be thinking about right now knowing all of this information about the current trade wars

Resources Mentioned:

Trade Act 1974 – Section 301

Office of the United State Trade Representative

United States International Trade Commission

United States Department of Commerce

Contact Information:

Scott Maberry's firm profile

Thank you for listening!

Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

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Are Adam Smith’s words dead or alive?  Technology, healthcare, energy, and trade practices are disrupting and transforming the world. Can the US keep up with these changes? What does this all mean for the C-Suite of multinational companies as they compete in this new economic world? Tune in each week to find out. Here’s a quick inside look into Nota Bene, a new podcast show from the law firm of Sheppard Mullin, launching September 12, 2018 and hosted by international competition partner Michael P.A. Cohen.

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