Sheppard Mullin's Nota Bene

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.  

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.

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.

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.

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   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.  

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.  

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.  

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.  

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.

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.  

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.

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.  

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 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.   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.

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.

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 

This episode was originally published on September 8th, 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 

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

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 Contact Information: Reid Whitten

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

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

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/

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

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 

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

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

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

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  

Big data projects are subject to a confusing patchwork of privacy laws. Privacy expert Liisa Thomas saw a need for a practical guide for businesses on privacy laws, and wrote Thomas on Big Data to fill that gap. She discusses her book, which 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. She has been author to many landmark treaties, and has a published a new book- Thomas on Big Data. What We Discussed in This Episode: Why did you publish your new book? What does your book cover, in which countries? How many treaties exist that serve as a practical guide for businesses for global privacy laws? Who is the audience for this book? How much of a part of the book are state laws versus federal? 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

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

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. 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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. 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.  

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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

Despite long-standing challenges to economic growth, the nations of Africa continue to experience incremental progress. With a new Acting Director and Chief Executive Officer at Common Market for Eastern and Southern Africa (COMESA) Competition Commission and the digital revolution making 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? Which industry is the target of the COMESA Competition Commission's latest antitrust investigation? 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? Resources Mentioned: Andreas's article – COMESA taste-tests its 1st investigation in beer market – allocation investigation  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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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  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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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  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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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! Don’t forget to FOLLOW 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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! 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.

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 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. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  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.