Jones Day Talks

“First Gen” law students and lawyers often face challenges different than those encountered by their peers. In this edition of Perspectives and Pathways, Jones Day partner Rasha Shields and associate Eli Jones talk about their backgrounds, discuss making the move from law school to life as a lawyer, and share tips for students and new lawyers coming from similar circumstances. Read the full transcript.

Jurisdictions are requiring large corporations and other entities to report on the environmental risks they face and how their business operations impact the climate. In the second in a series of JONES DAY TALKS® podcasts regarding significant climate disclosure rules, our panel discusses the SEC's rules announced in early March, the European Union's Corporate Sustainability Reporting Directive (CSRD), and the State of California's Climate Corporate Data Accountability Act and Climate-Related Financial Risk Act. Read the full transcript here.

On Friday, March 15, the U.S. Court of Appeals for the Fifth Circuit granted an administrative stay of the SEC's final Climate Disclosure Rules, adopted just over a week earlier. All of the challenges to the Rules filed in various courts will be coordinated for review before one court. As written, the Rules will require publicly traded corporations to make significant, new climate-related disclosures. In the first of a series of JONES DAY TALKS® programs examining the new Rules and related topics, Amy Pandit and Olga Gidalevitz discuss key implementation considerations for affected companies. Read the full transcript here.

Corporate Venture Capital, or CVC, continues to play a major role in investment and deal activity across numerous growth industries. Jones Day partners Tim Curry and Taylor Stevens discuss who's investing, the opportunities they're targeting, and the special factors to consider in a corporate venture investment. Read the full transcript here.

As business and investment activity in Asia surge, multinational corporations operating in the region face continually evolving and challenging compliance obligations and risks. Jones Day lawyers Lillian He, Hiromitsu Miyakwa, Zac Sharpe, and Simon M. Yu, all with broad experience advising corporate clients in Asia, discuss the current compliance and regulatory landscape, key enforcement agencies, and the attention in the region to ESG, data privacy and cybersecurity, anti-corruption, and sanctions. Read the full transcript here.

A federal district court held in Thaler v. Perlmutter that an AI-generated image, "A Recent Entrance to Paradise," cannot be copyrighted due to the lack of sufficient human contribution to its creation. Jones Day partners Emily Tait and Carl Kukkonen talk about the implications of the decision, the questions that remain, third-party complications, and what GenAI users need to know. Read the full transcript here.

As part of a series of programs covering class action laws in jurisdictions around the world, and to supplement content found in Jones Day's recent publication, Class Actions Worldview: Part I—United States and the European Union, this edition of Jones Day Talks focuses on Class Actions in Spain – or as they're known – Collective Actions. Antonio Canales and Gonzalo Hierro, both based in Madrid, talk about the current Collective Actions landscape. They also discuss the Spanish Preliminary Draft Law, and share their thoughts on settlements, third-party funding, and more.

Antitrust enforcement in labor markets continues to escalate worldwide. Jones Day partners Kevin Hart and Philipp Werner talk about the continuing crackdown on anticompetitive labor practices in the U.S. and across the EU, review recent developments in case law, and explain what employers need to know. Read the full transcript here.

Across every industry and every region of the world, corporate compliance programs have increasingly become an integral part of a company's operations and procedures—and the trend shows no signs of slowing. In the first in a series of Jones Day Talks programs addressing topics related to corporate compliance programs, Jones Day lawyers Henry Klehm, Toni Citera, and Paloma Valor discuss the history of corporate compliance programs, the changing role of the compliance officer, challenges for multinational companies, the importance of technology, and how the compliance function can effectively partner with other parts of the organization to help mitigate risk and achieve business objectives.

Each lawyer who is the first in their family to attend law school (and, in many cases, college) forges a unique path to a legal career. In this podcast, the Firm's Rasha Gerges Shields, Abe Hester, and Stephen Scott share stories from their journeys as “first-generation” lawyers.

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to enact class actions or class action-like procedures. The Firm is producing in-depth, multipart series of publications on class actions that will spotlight a wide array of jurisdictions worldwide. The first installment in the series, released in August 2023, focuses on the United States and European Union. In this podcast, also the first in a series, partners Ozan Akyurek and Becky Kcehowski discuss recent trends and developments in U.S. and UK class actions.

The growing carbon credit and related derivatives markets continue to attract the attention of regulatory agencies and law enforcement. The U.S. Commodity Futures Trading Commission (CFTC) has just announced that it is looking for whistleblowers on potential fraud or manipulation in the carbon credit markets, which is a major enforcement development in the ESG space. Jones Day partners Josh Sterling and Howard Sidman talk about the CFTC's ramped-up enforcement focus and what it means for participants in the carbon markets.

As its potential uses soar, Artificial Intelligence (AI) continues to attract the attention of multiple regulatory agencies. A recent high-profile U.S. Senate hearing made it clear that the use of AI must be consistent with federal laws pertaining to fair lending, housing, employment, and similar situations. Jones Day's Dorothy Giobbe and Alexander Maugeri discuss the legal implications of introducing artificial intelligence to decision-making processes and how users should prepare for increased scrutiny.

As technology and regulatory frameworks evolve, artificial intelligence ("AI") legal issues have emerged as a key topic in transactional, litigation, and regulatory compliance contexts. Jones Day partners Laurent De Muyter, Carl Kukkonen, Stefan Schneider, and Emily Tait discuss the European Union's implementation of a comprehensive framework for governing the flow of data, digital services, and AI, while the United States is still exploring regulation.

As part of Jones Day's continuing work against global human trafficking, the Firm actively supports the American Hospital Association (AHA)'s Hospitals Against Violence initiative and HEAL Trafficking (Health, Education, Advocacy, Linkage). A recent special convening hosted in Jones Day's Chicago Office, Forced Labor in Health Care Supply Chains: What Hospital Leaders Need to Know, focused specifically on health care supply chain issues and how they may interact with forced labor. The event provided practical information and resources to health care providers fighting human trafficking. Jones Day's Taylor Goodspeed is joined by Laura Castellanos (AHA), Hanni Stoklosa, MD (HEAL Trafficking), and Laura Kowalczyk (Association for Health Care Resource & Materials Management (AHRMM)) in a candid conversation about the information shared at the convening and Jones Day's continued pro bono efforts in this space. Read the full transcript on the Jones Day website.

First introduced following the 2008 global financial crisis, the Fundamental Review of the Trading Book (FRTB) was designed to establish worldwide rules pertaining to banks' regulatory capital requirements as they apply to trading activities. Jonathan Gould and Josh Sterling talk about the changes proposed by FRTB, how those changes address specific problems, and what banks should do now. Read the full transcript on the Jones Day website.  

Jones Day partner Kim Desmarais discusses the Uniform Law Commission's and American Law Institute's proposed amendments to the Uniform Commercial Code (UCC), and their potential impact on commercial transactions involving digital assets and other emerging technologies. Read the full transcript on the Jones Day website.  

Jones Day's new Of Counsel Nathan Brownback and Partner Josh Sterling discuss recent developments in the U.S. legal landscape for fintech, including the bipartisan Stabenow-Boozman bill, designed to regulate digital assets. They also talk about key banking and financial services developments, including the FDIC's recent crypto advisory, California's proposed, far-reaching Digital Financial Assets Law, and other issues in the space that will shape the fintech regulatory debate moving forward. Read the full transcript on the Jones Day website.  

Interviews can be stressful, especially for a new lawyer or law student hoping to start a career with a firm where they believe they can learn and excel. But there are steps to take to make sure the interview goes well. In this edition of Perspectives and Pathways, Partner Miguel Eaton talks with Jones Day associates Estefani Rodriguez and Alexander Gonzalez about preparing for, and succeeding in, callback interviews.

The U.S. Patent and Trademark Office has awarded The Ohio State University a trademark for the word “THE,” for use in connection with apparel sold in "channels customary to the field of sports and collegiate athletics". Jones Day partner Meredith Wilkes explains, how the University was able to obtain a registration, and the important lessons the action holds for companies and institutions seeking brand protection. Meredith also talks about Jones Day's Women in IP initiative and the group's plans for the second half of 2022. Read the full transcript on the Jones Day website.

La confidentialité et le secret professionnel résultant de la relation avocat-client sont des principes essentiels de l'exercice de la profession d'avocat. À cet égard, les litiges internationaux, qui peuvent être soumis à des règles de confidentialité différentes et parfois contradictoires, notamment concernant les juristes d'entreprise, présentent de nombreux défis pour les équipes juridiques impliquées dans un tel processus. Ozan Akyurek et Cyril Philibert, associés au sein du département Global Disputes du cabinet d'avocats Jones Day - Bureau de Paris, analysent les conditions et modalités d'application de la confidentialité et du secret professionnel en droit français, et illustrent leur mise en œuvre.

Confidentiality and attorney-client privilege are cardinal principles for lawyers. In this regard, international litigation, which may be subject to different and sometimes conflicting confidentiality rules, presents many challenges to the legal teams involved in such a process. Ozan Akyurek and Cyril Philibert, partners in Jones Day's Global Disputes Practice in the Paris Office, analyze the conditions and modalities of application of confidentiality and legal privilege under French law, and illustrate their practical implementation in consideration of concrete examples, particularly regarding the procedure provided for in Article 145 of the Civil Code of Procedure

Jones Day partner Harriet Territt talks with Val Richey, Special Representative and Coordinator for Combating Trafficking in Human Beings at the OSCE, about the urgency the war in Ukraine is creating relative to human trafficking. They also discuss related supply chain issues, and actions businesses can take in the continuing fight against this global issue. Read the full transcript on the Jones Day website.

A turbulent global economy leaves financial institutions and other market participants in challenging positions as they try to hedge and protect their interests in an increasingly uncertain environment. Jones Day partner Josh Sterling talks about the regulatory and legal issues faced by market participants in the volatile economic landscape.

Jones Day partner Miguel Eaton and associates Jenny Plagman and Stephen Scott discuss what candidates should think about when selecting firms for on-campus interviews, interview preparation, and what they need to ultimately consider in choosing a law firm.

As discussions and debates unfold over digital currency regulations, Commodity Future Trading Commission chairman Rostin Benham told a U.S. Senate committee that "speculative fervor" surrounding cryptocurrencies has potentially left investors in need of protections, and made the case for his commission to be charged with overseeing activities in this burgeoning market. Jones Day's Josh Sterling and David Aron discuss the gradual move toward federal oversight of cryptocurrencies, the questions clients ask, and what crypto market participants need to know now.

Joe Sims, who led Jones Day's Antitrust & Competition Law Practice to national and global prominence during nearly 40 years at the Firm, has endowed a new chair at his alma mater, the Sandra Day O'Connor College of Law at Arizona State University: The Sims Chair in Competition Law and Regulation at ASU Law. David Gelfand, one of the country's leading antitrust lawyers, has been named the Sims Chair and professor of practice at ASU Law. Mr. Sims and Mr. Gelfand discuss the Chair, the current state of U. S. antitrust and competition law, and their plans for ASU Law's antitrust program.

Recent high-profile insider trading cases leave little doubt that these matters remain an enforcement priority for Washington agencies, including the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), and Department of Justice (DOJ). Jones Day partners Joan McKown, Josh Sterling, and Brian Rabbitt talk about enforcement trends, proposed rule changes, and the increased cooperation between federal authorities.

A JONES DAY TALKS® Encore Presentation. From May 2021. The European Central Bank's decision to establish a Climate Change Center and invest in a green bond fund launched by the Bank for International Settlements reflects the growing importance of climate change, and ESG more broadly, in ECB policy. The ECB's focus on climate change and sustainable finance will only grow as the EU's Sustainable Finance Action Plan continues to advance. Jones Day's Linda Hesse and Dr. Michael Fischer discuss the Bank's aim to reorient capital flows around a more sustainable economy while managing the financial risks brought by climate change.

A JONES DAY TALKS® Encore Presentation. From June 2021. The surging interest in cryptocurrency continues to raise new legal challenges for market participants and interested parties. This is largely uncharted territory, so there's comparatively little case law. However, a recent federal court's decision in United American v. Bitmain provided some insight as to how courts would apply antitrust laws to cryptocurrency. Jones Day partners Craig Waldman, Mark Rasmussen, and Chris Pace talk about the key takeaways from the court's decision and discuss the other potential types of crypto asset antitrust claims we might see in the months and years ahead.

A JONES DAY TALKS® Encore Presentation. From October 2021. Cryptocurrencies and decentralized finance remain under scrutiny from federal agencies and commissions. The acting Comptroller of the Currency has publicly stated that cryptocurrencies and decentralized finance may be evolving into serious threats to the financial system, much like the way certain financial derivatives prompted serious concerns and a near collapse back in 2008. Clearly, serious regulations are under consideration. Jones Day's Josh Sterling and Dorothy Giobbe discuss what industry stakeholders need to know.

Jones Day partners Meredith Wilkes, Patricia Campbell, and Sarah Geers discuss the implementation of the Trademark Modernization Act, the recent decision in Thaler v Hirshfeld – a case involving protections for works created by artificial intelligence, opportunities for monetizing COVID 19-related patents, and other significant legal developments in the IP space during the last year. For information on the Firm's Women in IP Initiative and their coming events, email WomeninIP@jonesday.com.

Cryptocurrencies and decentralized finance remain under scrutiny from federal agencies and commissions. The acting Comptroller of the Currency has publicly stated that cryptocurrencies and decentralized finance may be evolving into serious threats to the financial system, much like the way certain financial derivatives prompted serious concerns and a near collapse back in 2008. Clearly, serious regulations are under consideration. Jones Day's Josh Sterling and Dorothy Giobbe discuss what industry stakeholders need to know.

In mid-2019, a group of corporate employees based in Silicon Valley launched a months-long campaign of online harassment, threats of violence and physical surveillance targeting a middle-aged couple in Massachusetts who ran an online newsletter covering eCommerce. The employees worked for eBay, one of the largest, oldest Silicon Valley companies. The bizarre episode led to a high-profile federal prosecution of seven people in Boston federal court and a major civil suit against current and former eBay executives. Both matters are ongoing. Jones Day's Andrew Lelling and Amy Harman Burkart, brought the federal criminal case against the rogue eBay employees, when Lelling was the United States Attorney for the District of Massachusetts and Burkart the Chief of the Cybercrime Unit in that office. In this podcast, these veteran enforcement lawyers explain what companies must do to mitigate the corporate risks posed by employee misconduct, with a focus on management expectations, the importance of internal reporting and communications across teams, and the role executives must play in encouraging compliance through ethical behavior.

In AMG Capital Management v. FTC, the U.S. Supreme Court ruled the Federal Trade Commission Act does not allow the FTC to seek, from violators of the Act, "equitable monetary relief" in the form of restitution or disgorgement. Jones Day partner David Morrell talks about how the Court's decision could alter the FTC's consumer-protection enforcement actions moving forward, the Justice Department's newly prominent role in these matters, and what potentially affected parties should know.

Cybersecurity threats remain a constant concern for every business and organization, regardless of size, location, or industry. The stakes relating to possible litigation, financial repercussions, and reputational risk, are high. In this second episode of "A False Sense of Security", Jones Day Talks' series of programs focusing on legal issues that arise in connection with cybersecurity requirements and representations, Jeff Rabkin, Jamila Hall, and Grayson Yeargin discuss the special considerations confronting public sector contractors relative to cyber threats and data breaches. They talk about what can trigger a mandatory disclosure under a public sector contract, consequences and practical considerations regarding disclosures, and False Claims Act decisions concerning cybersecurity issues. The conversation concludes with a look at President Biden's May 2021 Executive Order on Improving the Nation's Cybersecurity.

SEC Chairman Gary Gensler has left little doubt that his commission will closely monitor activity in the cryptoasset markets and the actions of decentralized finance, or DeFi platforms, as investor interest continues to grow. In prepared remarks delivered at an early August event, the chairman said, "We just don't have enough investor protection in crypto … we have taken and will continue to take our authorities as far as they go." Jones Day's Josh Sterling, Brian Rabbitt, and Mark Rasmussen talk about what the heightened scrutiny means for crypto market participants, and discuss what additional regulatory and enforcement actions could be coming.

The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) were constitutional. Jones Day's Matt Johnson and John Evans talk about the background of the Arthrex case, how the decision could affect the way the PTAB operates, and the implications for parties with matters pending.

The U.S. Supreme Court has ruled 9-0 in National Collegiate Athletic Association v. Alston that the NCAA violated antitrust law by prohibiting member colleges from providing athletes with certain educational benefits. Specifically, the case dealt with the NCAA's restrictions on providing athletes with non-cash, academic-related compensation, such as computers and internships. Jones Day's Chris Pace and Marc Weinroth discuss the Alston decision and its possible long-term implications for college sports.

Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer, and Carrie Kiedrowski discuss how trademark laws have changed and evolved since the Lanham Act's implementation, and … Continue reading JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law →

Efforts by government agencies, companies, and investors to limit the effects of climate change continue to influence activity in the financial markets. Interest in carbon markets, where emission credits are purchased and sold─and also where derivatives on those credits are traded─is growing rapidly, and that trend is expected to continue. Some estimates predict the cost … Continue reading JONES DAY TALKS®: Carbon Markets are Booming, and Regulators are Watching →

Jones Day's series on private enforcement actions relating to antitrust matters in Europe turns to significant developments in Spain. Raimundo Ortega and Antonio Canales explain why antitrust actions in Spain have increased, discuss how damages are disputed and quantified, and review the key takeaways from the high-profile Truck Cartel and Paper Envelope Cartel matters.

The surging interest in cryptocurrency continues to raise new legal challenges for market participants and interested parties. This is largely uncharted territory, so there's comparatively little case law. However, a recent federal court's decision in United American v. Bitmain provided some insight as to how courts would apply antitrust laws to cryptocurrency. Jones Day partners Craig Waldman, … Continue reading JONES DAY TALKS®: Takeaways from a Landmark Cryptocurrency Antitrust Case →

The energy markets are highly regulated, and producers, transmitters, and consumers of energy all use the highly regulated derivatives markets to hedge their energy risks. How do the Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) respond when there are price disruptions, like with Winter Storm Uri, or evidence of manipulation … Continue reading Jones Day Talks®: Energy Derivatives and Regulatory Enforcement by the CFTC and FERC →

As the infamous college admissions scandal unraveled, it became clear that aside from the illegal activities of the defendants – who included the principal of an admissions consulting firm, coaches and staff at certain universities, and the parents of college applicants – the case exposed potential problem areas for academic institutions related to their compliance … Continue reading Jones Day Talks®: Operation Varsity Blues and the Need for Internal Controls at Academic Institutions →

Cybersecurity risk is evolving and expanding. Traditionally, cybersecurity risk has been equated with cyber attacks and associated legal consequences. That risk is undoubtedly real: All internet connected systems remain vulnerable to increasingly sophisticated, persistent threat actors, including nation states and well-funded criminal organizations, who can circumvent even robust defenses to intrude into systems and expose … Continue reading JONES DAY TALKS®: Cyber Risks: A False Sense of Security – Episode 1 →

The European Central Bank’s decision to establish a Climate Change Center and invest in a green bond fund launched by the Bank for International Settlements reflects the growing importance of climate change, and ESG more broadly, in ECB policy. The ECB’s focus on climate change and sustainable finance will only grow as the EU’s Sustainable … Continue reading JONES DAY TALKS®: European Central Bank’s Climate Center & Investment Plans Focus on Sustainability →

In an effort to uncover and prosecute unlawful actions in the derivatives and futures markets, the U.S. Commodity Futures Trading Commission (“CFTC”) and U.S. Department of Justice (“DOJ”) have in recent years engaged in unprecedented levels of cooperation. Jones Day partners Josh Sterling and Brian Rabbitt discuss the DOJ / CFTC commodities fraud task force … Continue reading JONES DAY TALKS®: CFTC and DOJ Target Derivatives Trading Across Industries →

The U.S. Supreme Court has heard oral arguments in NCAA v. Alston, a case that will determine the limits the NCAA can place on types of compensation received by college student-athletes. Jones Day’s Chris Pace and Marc Weinroth discuss how the case found its way to the Supreme Court, the arguments that the NCAA and student-athletes made, and what this … Continue reading JONES DAY TALKS®: U.S. Supreme Court Hears Arguments in NCAA Antitrust Case →

The Commodity Futures Trading Commission, or CFTC, has broad regulatory powers to monitor the U.S. derivatives markets, which include futures, swaps, and some options. Jones Day partner Josh Sterling, the former Director of the CFTC’s Market Participants Division, talks about how the Commission fits into the broader regulatory framework, how it monitors fintech innovations, its … Continue reading JONES DAY TALKS®: The Biden Administration and the CFTC: Are Changes Coming? →

In this recap of a recent Jones Day client-focused webinar, partners Harriet Territt, Eva Monard, Sean Boyce, and Rick van ‘t Hullenaar review 2020’s critical developments in U.S., EU and UK sanctions and export controls that directly impact EU, Middle Eastern and UK businesses operating in the global marketplace. These include: Expanded use of U.S. … Continue reading JONES DAY TALKS®: Navigating Sanctions and Export Controls: A Guide for EMEA Businesses →