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What is happening in competition enforcement in Austria and Switzerland? Lukas Cavada, Executive Director for International Affairs at Austria's Federal Competition Authority (BWB), joins Anora Wang to discuss the BWB's most significant accomplishments over the past year, key competition enforcement developments in Austria, and the evolving challenges facing competition authorities in an increasingly global marketplace. Next, Dr. Laura Melusine Baudenbacher, President of the Swiss Competition Commission (ComCo), speaks with Anora Wang on ComCo's unique structure, key recent legal changes and enforcement accomplishments, focus on labor markets, and more. Join us for a look at how Austria and Switzerland are steering competition enforcement, the key developments to watch in 2026, and what these shifts mean for businesses and practitioners. With special guests: Lukas Cavada, Executive Director for International Affairs, BWB (Austrian Federal Competition Authority) and Dr. Laura Melusine Baudenbacher, President, ComCo (Swiss Competition Commission) Related Links: BWB (Austrian Federal Competition Authority) ComCo (Swiss Competition Commission) Hosted by: Anora Wang, Arnold & Porter
What is happening in competition enforcement in Australia and New Zealand? Luke Woodward, Commissioner at the Australian Competition & Consumer Commission (ACCC), joins Lexi Michaud to discuss the ACCC's distinctive joint competition and consumer protection mandate, the ACCC's role in deregulation as a way to unlock innovation, growth, and productivity, and where the ACCC is focused to keep pace with changing markets. Next, Luke Becker, Chief Legal Counsel of Competition at the New Zealand Commerce Commission (NZCC), speaks with Anora Wang on the NZCC's approach to digital markets, enforcement priorities, and the application of traditional regulatory tools in evolving market contexts. Join us for a look at how Australia and New Zealand are steering competition enforcement across the Asia‑Pacific, the key developments to watch in 2026, and what these shifts mean for businesses and practitioners. With special guests: Luke Woodward, Commissioner, Australian Competition & Consumer Commission and Luke Becker, Chief Legal Counsel (Competition), New Zealand Commerce Commission Related Links: Australian Competition & Consumer Commission (ACCC) New Zealand Commerce Commission (NZCC) Hosted by: Lexi Michaud, Fried Frank and Anora Wang, Arnold & Porter
Can competition laws keep pace with the AI race? Blanche Savary de Beauregard, General Counsel at Mistral AI, joins co-hosts Anora Wang and Clémence Coppin, in collaboration with the New York State Bar Association, to discuss how a European AI company competes against U.S. and Chinese makers of AI foundation models, the strategic logic behind Mistral's major industry partnerships, and why Europe's regulatory fragmentation makes scaling uniquely difficult for emerging AI champions. Blanche offers a candid take on why both under- and over-enforcement are genuine risks in a market that can foreclose before regulators have fully mapped it. Listen to this episode for a rare industry perspective on AI competition policy in 2026. With special guest: Blanche Savary de Beauregard, General Counsel, Mistral AI Related Links: Mistral AI Hosted by: Anora Wang, Arnold & Porter and Clémence Coppin, Latham & Watkins
Algorithmic and AI-driven tools are increasingly shaping how employers set employee compensation. But how can employers avoid compliance pitfalls when use of these tools raises competition and other regulatory concerns? Economist Rose Healy joins Anora Wang and Subrata Bhattacharjee to discuss the legal and economic risks, as well as practical tools such as bias audits and event studies. Listen to this episode to learn how wage-setting algorithms are being used today—and what may lie ahead as these technologies evolve. With special guest: Rose Healy, Director, Resolution Economics Hosted by: Anora Wang, Arnold & Porter and Subrata Bhattacharjee, Borden Ladner Gervais
To discuss the ongoing conflict in the Middle East, Amna Nawaz spoke with Barbara Leaf. She was assistant secretary of state for Near Eastern Affairs during the Biden administration. She's now a senior international policy advisor at the law firm, Arnold & Porter. PBS News is supported by - https://www.pbs.org/newshour/about/funders. Hosted on Acast. See acast.com/privacy
To discuss the ongoing conflict in the Middle East, Amna Nawaz spoke with Barbara Leaf. She was assistant secretary of state for Near Eastern Affairs during the Biden administration. She's now a senior international policy advisor at the law firm, Arnold & Porter. PBS News is supported by - https://www.pbs.org/newshour/about/funders. Hosted on Acast. See acast.com/privacy
What is happening in competition enforcement in Malaysia and Hong Kong? Iskandar Ismail, Chief Executive Officer of the Malaysia Competition Commission (MYCC), joins Anora Wang to discuss MYCC's actions against bid-rigging, ongoing market reviews of the digital economy, and Malaysia's broader plan to consolidate competition oversight over regulated sectors like energy, with phase one targeted for completion in 2026. Next, Teenie Yu, Of Counsel at the Hong Kong Competition Commission (HKCC), speaks with Anora on the HKCC's landmark case against a bid-rigging syndicate in the building maintenance sector, HKCC's ongoing effort before the Court of Appeal over the applicable standard of proof in competition proceedings, and the agency's creative advocacy campaign regarding information exchange. Listen to this episode to learn about enforcement developments in two of Asia's fastest developing competition jurisdictions and what practitioners should be watching in 2026. With special guests: Iskandar Ismail, Chief Executive Officer, Malaysia Competition Commission (MYCC) and Teenie Yu, Of Counsel, Hong Kong Competition Commission (HKCC) Related Links: Malaysia Competition Commission (MyCC) Hong Kong Competition Commission (HKCC) Hosted by: Anora Wang, Arnold & Porter
Five years after the Supreme Court's AMG Capital Management decision limited the FTC's ability to seek monetary remedies under Section 13(b) of the Federal Trade Commission Act, the agency continues to look for ways to obtain money in consumer protection and privacy cases through other authorities and theories. At the same time, it is grappling with how to define and measure consumer injuries and benefits in an increasingly data driven economy, including through its February 26 workshop on "Consumer Injuries and Benefits in the Data Driven Economy." Hosts Lexi Michaud and Anora Wang talk with Laura Riposo VanDruff from Kelley Drye and Warren LLP and Mike LeGower from NERA about how the FTC is pursuing monetary relief after AMG, whether and how it might articulate clearer guidance for quantifying harm, and what companies should expect when facing privacy and data investigations by the FTC. With special guest: Laura Riposo VanDruff, Partner, Kelley Drye and Warren LLP and Mike LeGower, Director, Nera Economic Consulting Related Links: FTC's "Measuring Consumer Injuries and Benefits" Workshop: Key Takeaways by Kelley Drye and Warren LLP Hosted by: Lexi Michaud, Fried Frank and Anora Wang, Arnold & Porter
A subpoena from the Department of Justice isn't just paperwork, it's a powerful tool that can drain resources, intimidate providers, and threaten patient care. In this eye-opening episode of Succeed In Medicine, host Dr. Bradley Block welcomes back Dr. Crystal Beal, along with Adrian Levitt from the ACLU of Washington. In June 2025, Dr. Beal's small private practice received one of over 20 identical DOJ subpoenas targeting providers of gender-affirming care for adolescents. While large institutions like Boston Children's, Seattle Children's, and Children's Hospital of Philadelphia also received subpoenas, the impact on a solo practitioner is uniquely daunting. Dr. Beal describes the anti-climactic moment the subpoena arrived via their accountant and the immediate decision to fight it with pro bono support from the ACLU, Arnold & Porter, and Perkins Coie. The conversation unpacks the broader context: the Supreme Court's decision in United States v. Skrmetti, executive actions, funding cuts, and the federal government's stated goal of ending gender-affirming care for minors. Adrian explains how the DOJ is using the Federal Food, Drug, and Cosmetic Act (FDCA) in a novel way, traditionally applied to drug manufacturers, to investigate individual physicians. The subpoena demanded extensive records, including patient names, addresses, dates of birth, Social Security numbers, training materials, and communications with pharmaceutical reps. Throughout the episode, they emphasize their ethical obligation as a physician to provide evidence-based, life-saving care and reflect on the deeper moral questions raised by this moment in history. Three Actionable Takeaways: Know your rights and secure legal support early: If you receive a government subpoena or face regulatory pressure, contact organizations like the ACLU or the Abortion Defense Network immediately. Do not assume you must comply right away. Document and practice ethically, but prepare for scrutiny: Continue providing medically necessary, evidence-based care while understanding that political targeting of certain specialties is increasing. Build relationships with legal counsel before crises hit. Speak up and combat misinformation: Physicians have a unique platform in their communities. Learn about gender-affirming care if it's within your scope, talk openly with colleagues and patients, and stand against efforts to criminalize or restrict legitimate medical practice. About the Show: Succeed In Medicine covers patient interactions, burnout, career growth, personal finance, and more. If you're tired of dull medical lectures, tune in for real-world lessons we should have learned in med school! About the Guests: Dr. Crystal Beal is a board-certified family medicine physician and founder of Queer Doc, providing expert, individualized queer and gender-affirming medical care. A nonbinary femme with lived experience in the community, Dr. Beal has extensive training in sexual health, queer health, and gender-affirming care. They also offer continuing education on transgender medicine through QueerCME.com. Adrian Levitt is an attorney with the ACLU of Washington, specializing in protecting access to gender-affirming care and defending providers against government overreach. Website: QueerCME.com Queer Doc website: https://queerdoc.com About the Host: Dr. Bradley Block – Dr. Bradley Block is a board-certified otolaryngologist at ENT and Allergy Associates in Garden City, NY. He specializes in adult and pediatric ENT, with interests in sinusitis and obstructive sleep apnea. Dr. Block also hosts Succeed In Medicine podcast, focusing on personal and professional development for physicians Want to be a guest? Email Brad at brad@physiciansguidetodoctoring.com or visit www.physiciansguidetodoctoring.com to learn more! Socials: @physiciansguidetodoctoring on Facebook @physicianguidetodoctoring on YouTube @physiciansguide on Instagram and Twitter This medical podcast is your physician mentor to fill the gaps in your medical education. We cover physician soft skills, charting, interpersonal skills, doctor finance, doctor mental health, medical decisions, physician parenting, physician executive skills, navigating your doctor career, and medical professional development. This is critical CME for physicians, but without the credits (yet). A proud founding member of the Doctor Podcast Network!Visit www.physiciansguidetodoctoring.com to connect, dive deeper, and keep the conversation going. Let's grow! Disclaimer:This podcast is for informational purposes only and is not a substitute for professional medical, financial, or legal advice. Always consult a qualified professional for personalized guidance. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Hospitals, as well as insurers, have been increasingly purchasing physicians practices, home health providers, and nursing facilities. But what are the competitive implications of these acquisitions? Dr. Zack Cooper, economist and public health expert at Yale University, joins Derek Jackson and Anora Wang to discuss both the theoretical and empirical competitive harms and benefits to vertical integration in the healthcare provider market. Listen to this episode to learn more about the changing competitive landscape in this large and important sector of the economy. With special guest: Zack Cooper, Ph.D., Associate Professor of Public Health and Associate Professor of Economics, Yale University Related Links: Are Hospital Acquisitions of Physician Practices Anticompetitive? by Cooper et al., July 2025 Zack Cooper's Congressional Testimony, Fighting Obamacare Subsidy Fraud: Is the Administrative Procedure Act Working as Intended?, December 10, 2025 Zack Cooper's Senate Testimony, Consolidation and Corporate Ownership in Health Care: Trends and Impacts on Access, Quality, and Costs, June 8, 2023 Hosted by: Derek Jackson, Cohen & Gresser and Anora Wang, Arnold & Porter
Over the last few decades, prior approval requirements were considered an extraordinary remedy in merger settlements, yet their use has fluctuated in agency enforcement across recent administrations. Where do the FTC and DOJ stand in their current practice? Bilal Sayyed, a Counsel at the Cadwalader law firm, and antitrust professor and former FTC policy leader, speaks with Anora Wang and Jeny Maier about the role of prior approval provisions in modern merger enforcement and what their recent rise—and retreat—signals about agency policy. Listen to this episode to learn how prior approval differs from traditional HSR review, when agencies have relied on such provisions, and what the evolving approach means for merging parties and future dealmaking. With special guest: Bilal Sayyed, Counsel, Cadwalader, Wickersham & Taft Related Links: 2021 FTC Statement on Use of Prior Approval Provisions in Merger Orders Bilal Sayyed, U.S. Antitrust Agency Merger Roundup & Commentary: FTC Reverses Routine Use of Prior Approval Requirements in Merger Settlements, Trump Antitrust Leadership Continues Departure from Antitrust Merger Policies of Previous Administration (July 15, 2025) Hosted by: Anora Wang, Arnold & Porter and Jeny Maier, Axinn, Veltrop & Harkrider
States have become increasingly active participants in merger enforcement, often conducting independent analyses and, at times, intervening alongside federal agencies in high-profile cases. What goes into states' analyses and decisions to intervene? Anthony Mariano, Chief of the Antitrust Division at the Massachusetts Office of the Attorney General, speaks with Lexi Michaud and Anora Wang about how states approach merger enforcement in parallel with the DOJ and FTC, the importance of independent state scrutiny, and, using the HPE–Juniper transaction to guide the discussion, how the Tunney Act promotes transparency and public interest oversight of federal settlements. With special guest: Anthony Mariano, Antitrust Division Chief, Massachusetts Office of the Attorney General Hosted by: Lexi Michaud, Fried Frank and Anora Wang, Arnold & Porter
China's antitrust regime has evolved rapidly over the past decade. What role does economic analysis play in the actual enforcement? Anora Wang and Kathleen Hu speak with Dr. Vanessa Zhang of Compass Lexecon about the growing role of economic analysis in Chinese competition law, drawing on her experience advising China's antitrust authority and serving as a testifying expert in high-stakes cases. The conversation explores how economic evidence is developed, evaluated, and increasingly relied upon in China's evolving antitrust regime. With special guest: Vanessa Zhang, Executive Vice President, Compass Lexecon Related Links: The Complex Geopolitics of Digital Regulation: The Three Body Problem Hosted by: Anora Wang, Arnold & Porter and Kathleen Hu, Cornerstone Research
In 2006, various parties came together to form Brazil's Amazon Soy Moratorium in an effort to curb illegal deforestation in the Amazon Rainforest. Today, challenges regarding Brazil's Soy Moratorium continue to mount, with passionate advocacy from farmers, environmentalists, government agencies, and international organizations. What might seem a cut-and-dry conflict between free enterprise and environmental conservation becomes more complicated when we delve deeper. With an antitrust cartel investigation in limbo, a pseudo-private agreement to arguably higher deforestation standards than those instituted by the government, and international observers on the scene, including customers and climate activists, the facts surrounding Brazil's Soy Moratorium are ripe for unpacking. Our guest today is antitrust attorney Eduardo Frade, who joins Barry Nigro and Anora Wang to discuss Brazil's Soy Moratorium and the various antitrust and competition questions it raises. With special guest: Eduardo Frade, Partner, Mattos Filho Related Links: General Superintendence of the Administrative Council for Economic Defence (CADE) decides to adopt preventive measures to suspend the Soy Moratorium Hosted by: Barry Nigro, Fried Frank and Anora Wang, Arnold & Porter
The past few years have been a critical time in the development of data privacy laws and the regulation of AI in the United States. As we look toward 2026, the complexities are only increasing. In this episode, the Antitrust Law Section's Privacy and Information Security (PRIS) Committee joins forces with OCA to focus on the highlights of 2025 and predictions for 2026. Hosts Alicia Downey and Anora Wang talk to PRIS Committee vice chairs Jessica Cohen of Verizon Communications and Alex Brown of Alston & Bird about why the next 12 months could redefine how AI and data privacy are regulated at the federal and state levels. In addition, listeners will hear from Jessica about being a mother of five, and get an update on Walter, a beauty pageant-winning dog, who was just a puppy when Alex was a featured guest on OCA Episode #89 back in 2020. With special guests: Jessica Cohen, Senior Counsel, Regulatory Affairs, AI, Cybersecurity & Privacy, Verizon Communications and Alexander G. Brown, Partner, Alston & Bird LLP Related Links: Kathleen Benway, Alexander G. Brown, Maki DePalo, Jennifer C. Everett, Graham Gardner & Hyun Jai Oh, "Flurry of FTC Activity Shows Enforcement Emphasis on Youth Protection," 12 PRATT'S PRIVACY &CYBERSECURITY LAW REPORT 8 (LexisNexis A.S. Pratt 2026) Alexander G. Brown & Katherine Doty Hanniford, "First 100 Days – Federal Privacy and Cybersecurity Regulation and Enforcement Under the Second Trump Administration," Alston & Bird Advisory (May 8, 2025) Our Curious Amalgam, Episode #89 What's the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data, November 30, 2020, featuring Alex Brown Hosted by: Alicia Downey, Downey Law and Anora Wang, Arnold & Porter
The UK merger control regime is undergoing procedural and substantive changes. What is happening and what should practicioners know? John Schmidt, solicitor at Arnold & Porter in London, joins Matthew Hall and Jaclyn Phillips to discuss the changes introduced by the UK Competition and Markets Authority's (CMA) and the UK government. Listen to this episode to learn more about new CMA jurisdictional and procedural guidance, a strategic reform of UK merger remedies and institutional changes to phase 2 merger reviews. With special guest: John Schmidt, partner, Arnold & Porter Related Links: Arnold & Porter, UK Merger Review Reform: From Merger Mystery To Remedy Rodeo (17 November 2025) UK CMA, Merger remedies (19 December 2025) UK CMA, Mergers: Guidance on the CMA's jurisdiction and procedure (19 December 2025) UK government press release, Growth placed at the heart of regulators' remit alongside new measures to boost scrutiny and transparency (21 October 2025) Hosted by: Matthew Hall, McGuireWoods and Jaclyn Phillips, Proskauer Rose
Computational methods are increasingly used by competition law regulators worldwide. But what are these and can companies also take advantage? Todd Davies, PhD candidate in competition law at University College London, joins Matthew Hall and Anora Wang to discuss the issues raised by the use of computational antitrust. Listen to this episode to learn more about the pros and cons of adoption by regulators, new tools available to companies, possible responses by regulators and key takeaways for practitioners and companies. With special guest: Todd Davies, University College London Related Links: Todd Davies, The Dark Side of Computational Antitrust: When AI is Used to Evade the Law, Kluwer Competition Law Blog (October 28, 2025) Thibault Schrepel, Computational Antitrust: An Introduction and Research Agenda (January 15, 2021) Thibault Schrepel and Teodora Groza, Computational Antitrust Worldwide: Fourth Cross-Agency Report (June 18, 2025) Hosted by: Matthew Hall, McGuireWoods and Anora Wang, Arnold & Porter
As pay transparency laws rapidly expand across U.S. jurisdictions, companies are facing complex intersections between labor law, antitrust compliance, and pay-equity analytics. Where are the high risk areas? Ye Zhang, a labor economist and director at Resolution Economics, joins Anora Wang and Alicia Downey to unpack how state law disclosure mandates interact with competitive dynamics in labor markets, when pay benchmarking can cross antitrust lines, and how firms can design compensation systems that are both transparent and compliant. With special guest: Ye Zhang, Director, Resolution Economics Related Links: U.S. Dep't of Justice & Federal Trade Commission, FTC-DOJ Antitrust Guidelines for Business Activities Affecting Workers (Jan. 2025) Hosted by: Anora Wang, Arnold & Porter and Alicia Downey, Downey Law
Every trial tells a story — but what happens when the storyteller becomes the judge? The honorable Judge Richard Franklin Boulware II speaks with Anora Wang and Jeny Maier on his remarkable journey from public defender to federal judge, lessons on persuasion, fairness, and the fine art of trial craft, and what it really means to keep score in the pursuit of justice. Along the way, we'll talk about competition on the field and in the courtroom, the evolving role of lawyers in upholding trust in the judiciary, and how the legal profession can help protect the judiciary from rising threats. With special guest: Judge Richard Franklin Boulware II, United States District Court for the District of Nevada Related Links: Le et al v. Zuffa, LLC, No. 2:2015cv01045 - Document 839 (D. Nev. 2023) Hosted by: Anora Wang, Arnold & Porter and Jeny Maier, Axinn, Veltrop & Harkrider
Ukraine's antitrust/competition law regime remains in place despite Russia's invasion. How are the rules enforced and what changes can we expect? Timur Bondaryev, a leading Ukrainian lawyer, joins Matthew Hall and Anora Wang to discuss merger control and antitrust/competition law enforcement and practice in Ukraine as well as the proposed introduction of foreign direct investment (FDI) control. Listen to this episode to learn more about the past, present and future of the rules in this important jurisdiction. With special guest: Timur Bondaryev, Senior Partner, Arzinger Related Links: Ukraine: Antitrust Enforcement in Challenging Times, Concurrences (November 2023) Merger control in Ukraine: positive developments for global deals despite wartime challenges, Competition Law International (June 2025) Hosted by: Matthew Hall, McGuireWoods and Anora Wang, Arnold & Porter
In recent years, retail mergers have gotten more attention as consumers have grown more concerned with consolidation and how that impacts their pocketbooks. While antitrust enforcers scrutinize all retail mergers, not all have gotten a deeper look. How do enforcers decide which retail deals require deeper scrutiny? Emily Blackburn, Counsel at King & Spalding, and Laura Onken, Counsel at Axinn discusses their observations and insights on how enforcers analyze retail deals with Amanda Hamilton and Anora Wang. Listen to this episode to learn about how enforcers evaluate market definition and divestitures in retail mergers. With special guests: Emily Blackburn, Counsel, King & Spalding LLP and Laura Onken, Counsel, Axinn, Veltrop & Harkrider LLP Hosted by: Amanda Hamilton, NexArc Strategies and Anora Wang, Arnold & Porter
Glen chats with the Atlanta Fed's Claire Greene about the latest Diary and Survey of Consumer Payment Choice and the messy realities of dealing with real world data. Also- next steps in the stablecoin saga and…Fintech's answer to GameStop? Links related to this episode: The Atlanta Fed's Survey and Diary of Consumer Payment Choice: https://www.atlantafed.org/banking-and-payments/consumer-payments/survey-and-diary-of-consumer-payment-choice/2024-survey-and-diary The Fed's 2024 SHED Survey: www.federalreserve.gov/publications/files/2024-report-economic-well-being-us-households-202505.pdf The FDIC's 2023 Survey of Un/Underbanked Households: https://www.fdic.gov/household-survey/2023-fdic-national-survey-unbanked-and-underbanked-households-report Our recent episode on consumer data gathered by the Georgia Fintech Academy: https://www.big-fintech.com/are-younger-generations-branching-out/ Glen's Genius Act/Stablecoin blog: https://www.big-fintech.com/a-stroke-of-genius-regulation-comes-full-circle/ Arnold Porter's take on the Genius and Stable Acts: https://www.arnoldporter.com/en/perspectives/advisories/2025/06/incoming-stablecoin-legislation-stable-and-genius-acts JPMorgan Chase's close stablecoin cousin, the tokenized deposit: https://www.bankingdive.com/news/jpmorgan-chase-to-launch-deposit-token/751083/ The Atlanta Fed's newblog analyzing potential impacts of retiring the penny: www.atlantafed.org/blogs/macroblog/2025/06/23/penny-dilemma Join us for our next CU Town Hall- Wednesday July 9 at 3pm ET/Noon PT- for a live and lively interactive conversation tackling the major issues facing credit unions today. For this session we'll be focusing on youth banking and the need to appeal to the next generation. The CU Town Hall is free to attend, but advance registration is required: https://www.cutownhall.com/ Join us on Bluesky! @bigfintech.bsky.social; @154advisors.bsky.social (Glen); @jbfintech.bsky.social (John) And connect on LinkedIn for insights like the Friday Fintech Five: https://www.linkedin.com/company/best-innovation-group/ https://www.linkedin.com/in/jbfintech/ https://www.linkedin.com/in/glensarvady/
Jon Michaels is Professor of Law at UCLA School of Law. His scholarly and teaching interests include constitutional law, administrative law, national security law, the separation of powers, presidential power, regulation, bureaucracy, and privatization. Michaels is a graduate of Williams College, Oxford University, where he was a Marshall Scholar, and Yale Law School, where he served as an articles editor for the Yale Law Journal. Michaels clerked first for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and then for Justice David Souter of the U.S. Supreme Court. Immediately prior to his appointment at UCLA, Michaels worked as an associate in Arnold & Porter's National Security Law and Public Policy Group in Washington, DC. A two-time winner of the American Constitution Society's Cudahy Award for scholarly excellence in administrative law and an elected member of the American Law Institute, Michaels has written essays for the New York Times, Washington Post, LA Times, Foreign Affairs, Time Magazine, and the Guardian. He is a frequent legal affairs commentator for national and local media outlets. His 2017 book, Constitutional Coup: Privatization's Threat to the American Republic, was published by Harvard University Press. Michaels's second book, titled Vigilante Nation: How State-Sponsored Terror Threatens Our Democracy will be published by Simon & Schuster/Atria in October 2024.
On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these sessions. Maria J. Doa, Ph.D., Senior Director, Chemicals Policy, Environmental Defense Fund (EDF), moderated Panel 2: Risk Evaluation and the Supporting Role Sections 4 and 8 Play. The panelists included David B. Fischer, Counsel, Keller and Heckman LLP; Jeffery T. Morris, Ph.D., Director, Existing Chemicals Risk Assessment Division, Office of Pollution Prevention and Toxics (OPPT), EPA; Katherine O'Brien, Senior Attorney, Toxic Exposure and Health Program, Earthjustice; Judah Prero, Counsel, Arnold & Porter; and Tracey Woodruff, Ph.D., Professor and Director, University of California, San Francisco, Program on Reproductive Health and the Environment. The panel considered EPA's revised chemical prioritization and risk evaluation processes; the role and extent of peer review; and the utility and timing of Section 4 test rules. More information on EPA's final 2024 rule amending the risk evaluation framework rule is available in our May 14, 2024, memorandum. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C. All Rights Reserved
This Day in Legal History: Switzerland Federal Charter SignedThis day in legal history marks the anniversary of the signing of the Federal Charter on August 1, 1291, which laid the foundation for the Swiss Confederation. This historic agreement united three Alpine cantons—Uri, Schwyz, and Unterwalden—establishing a pact for mutual defense against external threats and maintaining internal peace. The Federal Charter, known as the "Bundesbrief," is one of the earliest examples of a written constitution in Europe, symbolizing the birth of Switzerland as a confederation.The signatories pledged to support each other in disputes and conflicts, emphasizing the principles of cooperation and self-governance. This alliance was crucial in resisting the influence of the Habsburg dynasty, which sought to dominate the region. Over time, additional cantons joined the confederation, expanding and strengthening the alliance.The Federal Charter's emphasis on mutual defense and collaboration laid the groundwork for Switzerland's longstanding tradition of neutrality and federalism. It remains a significant symbol of Swiss national identity and independence. The principles enshrined in the charter continue to influence Switzerland's political structure and commitment to direct democracy. Today, August 1 is celebrated as Swiss National Day, commemorating the unity and enduring legacy of the Federal Charter.Accounting regulators and industry leaders are drafting reforms to state CPA licensing rules to expand the profession's workforce by allowing new pathways to earn the credential. These changes may include skills acquired outside the classroom. Draft changes to model legislation, serving as a template for state regulations, could be ready for public comment by September. The goal is to finalize these changes before next year's legislative sessions, according to Sue Coffey, CEO of public accounting for the Association of International Certified Professional Accountants.The reforms aim to address declining graduation rates and a workforce that has shrunk by 17% since the pandemic. Proposed pathways for earning the CPA credential may include a mix of formal education and work experience, potentially eliminating the requirement for 150 college credit hours and specific schooling.A recent report suggests offering skills-based paths without traditional education requirements, which could attract more candidates, including minority students. The report also recommends increasing starting wages, improving the profession's image, and providing more flexible schedules.The pipeline task force is collaborating with the National Association of State Boards of Accountancy to develop model language and outline essential skills for credentialed accountants. In September, a broader group of industry leaders will discuss advancing these recommendations and developing a scorecard to measure progress.States are already exploring flexible education requirements, with some proposing alternatives such as apprenticeships and different combinations of education and experience. Coffey emphasizes that any licensing reforms should maintain the rigor of the CPA license while accommodating state-specific solutions.CPAs Pitch More ‘Flexible' Licensing Rules to Expand WorkforceRudolph Giuliani has agreed to pay $100,000 in cash and use proceeds from future sales of his multimillion-dollar homes to settle administrative bankruptcy fees, concluding his Chapter 11 case. Giuliani and his largest creditors reached an agreement outlining how he will exit bankruptcy without having to testify about his finances. Despite a judge ruling that the case must be dismissed due to a lack of progress, Giuliani initially struggled to guarantee payment for an estimated $400,000 in fees. Under the proposed order, Giuliani will immediately pay $100,000 to Global Data Risk LLC, with the remaining fees to be covered by proceeds from the sale of his Manhattan penthouse or his Palm Beach condominium. GDR will have liens on both properties and may foreclose if fees are not paid within six months. Giuliani's Manhattan penthouse is listed for $5.7 million, and his Florida home is valued at approximately $3.5 million.Giuliani filed for bankruptcy in December following a $148 million defamation judgment. He has $10.6 million in assets but failed to provide full financial records during nearly seven months in Chapter 11. Additionally, he faces a defamation suit from Dominion Voting Systems, criminal cases related to the 2020 election, and a $10 million lawsuit from former employee Noelle Dunphy for sexual harassment and assault. The case is In re Rudolph W. Giuliani, Bankr. S.D.N.Y., No. 23-12055.Giuliani Reaches Bankruptcy Dismissal Deal to Pay Legal FeesCrowdStrike has been sued by shareholders, accusing the cybersecurity company of concealing inadequate software testing that led to a massive global outage on July 19, affecting over 8 million computers. The proposed class action, filed in Austin, Texas, claims that CrowdStrike misled investors about the reliability of its technology, which was proven false when a faulty software update caused significant disruptions worldwide, including to airlines, banks, hospitals, and emergency services. Following the outage, CrowdStrike's share price dropped by 32% over 12 days, erasing $25 billion in market value.Chief Executive George Kurtz is required to testify before the U.S. Congress, and Delta Air Lines has hired attorney David Boies to seek damages, reporting $500 million in losses from the incident. The lawsuit references a March 5 conference call where Kurtz described the software as "validated, tested and certified." CrowdStrike, based in Austin, denies the allegations and intends to defend itself vigorously. The lawsuit, led by the Plymouth County Retirement Association, seeks unspecified damages for holders of CrowdStrike Class A shares between November 29, 2023, and July 29, 2024.The case is named Plymouth County Retirement Association v. CrowdStrike Inc et al, in the U.S. District Court for the Western District of Texas. The aftermath of the outage and the subsequent drop in stock prices might lead to more lawsuits against CrowdStrike.CrowdStrike is sued by shareholders over huge software outage | ReutersPaul Hastings has recruited Brian Israel, the former chair of Arnold & Porter's environmental practice, to co-head its environmental litigation practice. Israel, based in Washington and Los Angeles, brings over 20 years of private practice experience and a decade of leadership in environmental law. He is known for representing major corporations such as BP in the Deepwater Horizon oil spill case, as well as companies like Chemours Co., CSX Corp., Dow Chemical, Honeywell Inc., Monsanto Co., and Motorola Solutions Inc.Israel's decision to join Paul Hastings came after collaborating with its lawyers on a significant environmental case, which convinced him of the firm's potential to become a leading force in environmental law. Paul Hastings' environmental practice is co-chaired by Navi Dhillon and has a strong presence in California. Israel sees his move as an opportunity to help build a nationally recognized environmental practice.This hiring continues Paul Hastings' trend of attracting top legal talent, including recent additions like a 12-lawyer white collar team in Paris, trial lawyer Renato Mariotti in Chicago, and cybersecurity expert Michelle Reed in Dallas. On the transactional side, the firm recently added an 11-partner private credit and restructuring team from King & Spalding.Israel noted that his area of focus is evolving due to national low-carbon initiatives and recent Supreme Court rulings, which have reshaped the environmental regulatory landscape. These changes are increasing demand for high-level expertise in environmental law, a demand that Israel is well-positioned to meet. He joined Arnold & Porter in 2000 after serving as a trial attorney in the environmental enforcement section of the US Department of Justice and has authored a leading treatise on Natural Resource Damages claims.Paul Hastings chair Frank Lopez stated that Israel's addition enhances the firm's capability to handle complex and important matters for its premier clients.Paul Hastings Lures Arnold & Porter Environmental Chair Israel This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe
As Vice President and General Counsel, Carl analyzes, advocates, and testifies on tech-related legislative and regulatory initiatives relevant to online companies. Carl is also an adjunct professor of internet law at the George Mason Antonin Scalia Law School. Before joining NetChoice, Carl was an intellectual property attorney at the lawfirm of Wildman, Harrold, Allen & Dixon where he advised clients on privacy, Internet, e-commerce, and contractual matters. He also worked at the lawfirms of Venable and Arnold & Porter. Before law school, Carl worked at the Federal Trade Commission (FTC) on the staff of Commissioner Orson Swindle, where he helped create and implement the FTC's Consumer Information Security Outreach Plan and assisted the White House in establishing the National Strategy for Cyber Security. Carl obtained his J.D. and Communications Law Certificate from the Catholic University of America, magna cum laude, and Carl obtained his B.A. in Economics, Managerial Studies, and Policy Studies from Rice University. Carl is licensed to practice law in Washington, DC and is a Certified Information Privacy Professional (CIPP/US) and has been recognized as a “Tech Titan” by the Washingtonian.
This Day in Legal History: Flag Statutes in Public SchoolsOn this day in legal history, June 14, 1943, the US Supreme Court issued a landmark decision in West Virginia State Board of Education v. Barnette, profoundly impacting the rights of individuals in public schools. The case arose when Jehovah's Witnesses challenged a West Virginia mandate requiring students to salute the American flag and recite the Pledge of Allegiance, actions contrary to their religious convictions. The Court ruled that forcing students to participate in patriotic rituals violated their First Amendment rights to freedom of speech and freedom of religion. Justice Robert H. Jackson, writing for the majority, asserted that compelling students to salute the flag was a form of coerced speech that infringed upon their individual liberties. The decision overturned the 1940 ruling in Minersville School District v. Gobitis, which had upheld mandatory flag salutes. Jackson famously stated, "If there is any fixed star in our constitutional constellation, it is that no official... can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion."This ruling reinforced the principle that the government cannot force individuals to express beliefs they do not hold. It underscored the protection of individual freedoms against state-imposed conformity, significantly shaping the interpretation of First Amendment rights in the educational context. The Barnette decision remains a cornerstone in American constitutional law, symbolizing the enduring protection of individual liberties in the face of governmental authority.Large national law firms are increasingly establishing offices in Boston, potentially overshadowing local firms that have operated regionally for decades. This year, Simpson Thacher & Bartlett, Paul Hastings, and Blank Rome announced new Boston offices, while Covington & Burling, Arnold & Porter, and Akin Gump Strauss Hauer & Feld did so last year. In a notable move, Goodwin Procter recently recruited a five-partner tech and life sciences team from Cooley in Boston, signaling a consolidation trend in legal services within these sectors. The health and energy industries have remained strong in a sluggish deals market, bolstered by the financial strength of health care giants and incentives from the Inflation Reduction Act.The number of law firm openings in Boston has surged over the past decade, with over 40 firms establishing a presence since 2016. This influx includes regulatory-focused firms like Covington and UK-based Magic Circle firms such as Allen & Overy. As large firms move in, regional firms face the risk of losing talent and clients.Despite these developments, the efforts of new Big Law entrants in Boston remain in their early stages, with firms like Simpson Thacher planning deliberate growth to tap into the city's talent pool.Big Law Firms Eye Boston to Tap Hot Tech, Health Care MarketsThe Federal Energy Regulatory Commission (FERC) has three new commissioners, which could influence the review process for natural gas pipelines and liquefied natural gas (LNG) terminals. Industry advocates argue these projects are essential to meet rising electricity demand, while environmental groups push for rejection due to the long-term climate impacts of fossil fuels. The newly confirmed commissioners—Democrats David Rosner and Judy Chang, and Republican Lindsay See—join FERC at a critical time. With Commissioner Allison Clements' upcoming departure, FERC will regain a 3-2 Democratic majority for the first time in 18 months.Historically, FERC's decisions on natural gas have been contentious, with a 2022 policy to scrutinize gas projects leading to the end of former Chairman Richard Glick's tenure. The new commissioners have indicated a focus on gas infrastructure, despite past environmental concerns. Chang, for example, moderated her previous stance against new gas pipelines during her confirmation hearing.FERC's decisions are crucial amid growing electricity demands, driven by factors like artificial intelligence and increased manufacturing. Natural gas consumption is at record highs, and new power generation, particularly from gas, is necessary to meet future needs. However, permitting reviews and litigation have slowed the expansion of pipeline capacity. Industry experts stress the need for regulatory certainty to align infrastructure with demand, a sentiment echoed by the Interstate Natural Gas Association of America. The new FERC commissioners face the challenge of balancing these competing interests as they begin their terms.Divisive Gas Reviews Pose Early Test for New FERC CommissionersOn June 13, the U.S. Senate Judiciary Committee advanced bipartisan legislation to create 66 new judgeships in federal district courts across states like California, Delaware, and Texas. This marks the first major judiciary expansion in over three decades. The committee's unanimous 20-0 vote moves the JUDGES Act to the full Senate for consideration. If enacted, it will be the first comprehensive authorization of new judges since 1990, addressing longstanding requests to manage rising caseloads in 25 district courts nationwide.The last time new judgeships were created was in 2003, but efforts to expand the federal bench have since stalled due to partisan concerns. The current bill mitigates these concerns by incrementally adding the new judicial seats over ten years, starting in January 2025, after the 2024 presidential election. This phased approach aims to prevent any single party or president from gaining an advantage.Democratic Senator Chris Coons, a co-sponsor of the bill, emphasized the urgency of expanding the federal bench to address the growing backlog of court filings since 1990. The JUDGES Act aligns with recommendations from the Judicial Conference, seeking to add judges in districts facing a "genuine crisis of workload."U.S. District Judge Robert Conrad expressed the judiciary's appreciation for the Senate's efforts. The judiciary currently has 677 authorized district court seats and 10 temporary ones, which another Senate-passed bill aims to make permanent.Initially opposed to adding more judges, Republican Senator Chuck Grassley supported the bill after amendments spread the additions over time. The JUDGES Act now plans to introduce the 66 new judgeships in five stages through 2035, with three temporary judgeships in Oklahoma.A companion bill is pending in the Republican-led House of Representatives, backed by Representative Darrell Issa, chair of the House Judiciary Committee's panel on courts.US Senate panel advances bipartisan bill to create new judgeships | ReutersThe proposed $30 billion antitrust settlement between Visa and Mastercard to limit credit and debit card fees for merchants is in jeopardy. U.S. District Judge Margo Brodie in Brooklyn indicated she is likely to reject the settlement, citing her intent to write an opinion detailing her decision. Both Visa and Mastercard expressed disappointment, describing the settlement as a fair and appropriate resolution to the nearly 19-year-old litigation.Announced on March 26, the settlement aimed to address most claims from nationwide litigation, with small businesses making up over 90% of the settling merchants. Businesses have long argued that Visa and Mastercard's swipe fees, which totaled $172 billion in 2023, are excessive and that the card networks illegally prevent them from steering customers to cheaper payment methods. The settlement proposed reducing swipe fees by at least 0.04 percentage points for three years, capping rates for five years, and removing anti-steering provisions.However, objectors, including the National Retail Federation, criticized the settlement as insufficient, arguing that it would still allow Visa and Mastercard to control swipe fees and prevent future claims by merchants. The case, known as In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, is being heard in the U.S. District Court for the Eastern District of New York.Visa, Mastercard $30 billion fee settlement in peril | ReutersThis week's closing theme is by John David Davis.John David Davis (22 October 1867 – 20 November 1942), often known as J. D. Davis, was an English composer born in Edgbaston, near Birmingham. Although he was born into a musical family, Davis was initially sent to Frankfurt to prepare for a commercial career. However, his passion for music led him to study under Hans von Bülow. Davis completed his education in Germany before furthering his studies in Brussels with Léopold Wallner, Arthur De Greef, and Maurice Kufferath.Upon returning to Birmingham in 1889, Davis began teaching music, notably at the Birmingham and Midland Institute from 1893 to 1904. In 1905, he joined the Guildhall School of Music as a professor of harmony and composition and also served as Professor of Solfège at the International Conservatoire in London.In 1919, Davis married Helen Winifred Juta, the daughter of South African judge Henry Juta. The couple lived in Earls Court, London, before moving to Lisbon in 1936. Davis passed away in Estoril, Portugal, in 1942, and his wife later returned to South Africa, where she died in 1952.This week's closing theme is John David Davis' evocative piece, "Summer's Eve at Cookham Lock, Op. 50." Composed in 1916 for the London String Quartet, this work captures the serene beauty of a summer evening at Cookham Lock. Known for its lyrical quality and gentle atmosphere, "Summer's Eve at Cookham Lock" offers a tranquil auditory experience.The piece, also known as an Idyl for string quartet, demonstrates Davis' ability to paint a vivid picture through music. Its delicate melodies and harmonies reflect the calm and reflective mood of a summer evening by the water. This composition stands as a testament to Davis' skill in creating evocative and picturesque musical landscapes, making it a fitting and soothing choice for this week's closing theme. Enjoy. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe
(0:00) Intro.(1:04) About the podcast sponsor: The American College of Governance Counsel.(1:51) Start of interview.(2:54) Terry's "origin story." (5:18) The start of her legal career with O'Melveny & Myers.(8:35) Her time at Howard Rice and her current role at Arnold & Portner (the firms merged in 2012).(11:34) Her book ESG, the Professional's Guide to the Law and Practice of ESG, published by the American Bar Association.(14:55) On the evolution of the purpose of the corporation and emergence of ESG.(17:28) Environmental risks and opportunities (the "E" in ESG)(21:00) Her take on the new SEC Climate Disclosure Rules. "It's arguably, to me, the Sarbanes-Oxley of its generation in terms of a regulatory shift."(24:21) On the legal challenges to the SEC Climate Disclosure Rules.(28:11) Social risks and opportunities (the "S" in ESG).(33:31) On the ESG backlash. Reference to FT article ($13.3bn pulled out of BlackRock). Larry Fink's 2024 Chairman's Letter to Investors.(37:50) Challenges to CA's board diversity laws (SB-826 and AB-979)(42:14) Challenges to Nasdaq Board Diversity Rule.(44:14) The Theranos Governance Story with Tyler Schulz (event hosted by BASF).(46:22) BASF's Truth and Power Distinguished Speaker Series.(48:47) Future corporate governance trends: ESG is increasingly intersectional (i.e. sustainability and AI)(52:29) Books that have greatly influenced her life: My Life on the Road by Gloria Steinem (2015)Lady Justice by Dahlia Lithwick (2022)(54:04) Her mentors: Larry Rabkin (former partner at Howard Rice) and her Dad.(54:57) Quotes that she thinks of often or lives her life by: "To have courage for whatever comes in life - everything lies in that" (St Teresa of Avila) and "You have to see it to be it" (Billie Jean King)(55:55) An unusual habit or absurd thing that she loves.(56:14) The living person she most admires: Gloria Steinem.Terry Johnson is a partner at Arnold & Porter and the 2024 President of the Bar Association of San Francisco and its Justice and Diversity Center. You can follow Evan on social media at:Twitter: @evanepsteinLinkedIn: https://www.linkedin.com/in/epsteinevan/ Substack: https://evanepstein.substack.com/__You can join as a Patron of the Boardroom Governance Podcast at:Patreon: patreon.com/BoardroomGovernancePod__Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License
Are you curious about issues related to competition and geopolitical concerns in the global semiconductor sector? In this episode, Barry Nigro and Alicia Downey talk to Arnold & Porter partner David Emanuelson, formerly in-house M&A counsel for Intel Corporation, about how the Chinese government's State Administration for Market Regulation (SAMR) approaches merger clearance. Listen to this episode to learn about the geopolitical pressures on the semiconductor industry and what antitrust counsel can do to improve the chances of getting a deal cleared in China. With special guest: David Emanuelson, Arnold & Porter Related Links: David Emanuelson & Danielle Drory, "The Potential Chilling Effects of Lowering Standards for Tech M&A Enforcement," 34 Antitrust 14 (2020) Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Alicia Downey, Downey Law LLC
On this day in legal history, September 20, 1884, American suffragists formed the Equal Rights Party on the platform plank of recognizing women's right to vote. On this day in legal history, September 20th, we cast our gaze back to a significant milestone in the fight for gender equality in the United States. The Equal Rights Party, a political entity deeply rooted in the advocacy for equal rights and opportunities for all, irrespective of gender, convened for its national convention in the vibrant city of San Francisco, California. In a groundbreaking move during this convention, the party nominated Belva Ann Lockwood, a distinguished attorney based in Washington, D.C., as their presidential candidate. Lockwood was not only a prominent figure in the legal sphere but also a fervent activist for women's rights, making her nomination a historic event in the pursuit of gender equality in American politics.Belva Ann Lockwood, born on October 24, 1830, was a trailblazer in the fields of law and politics, notably being one of the first female lawyers in the U.S. and the first woman to practice law before the U.S. Supreme Court in 1879. Initially a teacher and school principal, she later ventured into law, facing numerous gender-related barriers including being denied her diploma initially upon completing her law studies. Despite the challenges, she successfully lobbied Congress to pass a bill in 1879 that allowed qualified women attorneys to practice in any federal court. Lockwood also made history by running for president in 1884 and 1888 under the National Equal Rights Party, becoming the first woman to officially appear on ballots. Apart from her legal and political pursuits, she was a fervent advocate for women's rights, equal pay, and world peace. Lockwood passed away on May 19, 1917, leaving behind a legacy that broke barriers and paved the way for women in law and politics.Adding to the historic gravity of the event on September 20th was the nomination of Marietta Stow for the vice-presidential position. Stow, who served as the chairman of the convention, became the first woman to preside over a national nominating convention, marking a significant stride in breaking the gender barriers prevalent in the political arena during that period. Her nomination, alongside Lockwood's, underscored the party's commitment to fostering a society where leadership positions were accessible to all, regardless of gender. This convention and the nominations that ensued were a bold statement in the 19th century, echoing the party's unwavering dedication to championing equal rights and setting a precedent for future generations to build upon.The attorneys who facilitated the settlement allowing AMC Entertainment Holdings Inc. to convert its APE preferred units into stocks will receive a fee of $5.7 million, a significant reduction from the initially proposed $20 million. This decision comes in the wake of a substantial decline in AMC's stock value post-conversion. The settlement had prevented AMC from going bankrupt during the pandemic, a victory largely attributed to the "meme stock" traders.Delaware judge, Morgan T. Zurn, who presided over the case, approved the reduced attorney fees, marking the end of a contentious legal battle between AMC's leadership and its investors. The stock value of AMC plummeted by about 85% since the settlement approval on August 11. Following this, AMC announced the sale of a significant number of shares, aiming to raise billions.The legal fee determination was a complex process, with Judge Zurn deciding to calculate it based on several factors including the completion of a 10-to-1 reverse stock split and the issuance of new class A shares. The fluctuating value of the additional shares distributed as part of the settlement also influenced the final fee amount. Initially, these shares were valued at nearly $130 million, but their worth decreased to around $48 million by the time of distribution.The case saw significant involvement from meme stock investors, who actively opposed the settlement, raising concerns over dilution and market manipulation theories circulating online. Rose Izzo, a retail investor who played a crucial role in delaying the stock conversion, was represented separately and her counsel was awarded around $213,000. Izzo's involvement, according to Judge Zurn, brought a necessary adversarial perspective to the proceedings, helping to scrutinize the fairness of the settlement amidst the collaborative stance of the primary parties involved.AMC's Post-APE Stock Crash Reduces Attorney Fees to $5.7 MillionAlex Jones, a prominent right-wing conspiracy theorist and host of Infowars, is facing scrutiny over his lavish spending habits amidst bankruptcy proceedings. Jones defended his expenditure of over $93,000 in July, stating that his role in an "unconventional industry" necessitates higher costs. This defense comes as Jones is being pursued for nearly $1.4 billion in damages awarded to families of the Sandy Hook Elementary School shooting victims, a tragedy Jones falsely claimed was a hoax.Jones argued that the highlighted expenses are not extraordinary but are being used by creditors to manipulate public opinion and potentially remove him from the air. Since filing for Chapter 11 bankruptcy in December, he has reportedly spent over $740,000 on non-bankruptcy protected assets. The creditors assert that Jones continues to lead an "opulent" lifestyle, maintaining assets that should have been liquidated post his bankruptcy filing.Jones maintains that his spending is necessary to fulfill his post-bankruptcy obligations and sustain his income as a celebrity talk show host. The families of the victims are considering requesting a court injunction to halt Jones' unnecessary expenditures or proposing the appointment of a trustee to manage his estate. Jones contends that these actions would infringe on his First Amendment rights, deeming them unconstitutional. The case is ongoing in the Southern District of Texas.Alex Jones Defends $100,000 a Month Lifestyle Amid Bankruptcy (1)In a potentially precedent-setting case, Harold Wells, whose daughter died in the recent Hawaii wildfires, has initiated a lawsuit against three significant landowners, including the governments of Hawaii and Maui County, as well as Kamehameha Schools, a prominent private landowner. Despite the fire not starting on their lands, Wells argues that these entities should be held accountable for allowing invasive grass species to proliferate on their properties, thereby intensifying the fire's spread. These grasses, identified by scientists as a major factor in the fire's escalation, created a substantial amount of fuel that exacerbated the blaze, which claimed 97 lives. The lawsuit posits that the maintenance of large quantities of dry vegetation in areas prone to fires should be considered an "inherently dangerous activity," akin to storing explosives. This case, if successful, might establish a legal framework for imposing liability on property owners amidst increasing fire risks due to climate change and expanding residential areas near wilderness zones. The defendants have either refrained from commenting or noted minimal involvement in the incident.Maui fire lawsuit blames landowners for wild grass growth | ReutersHunter Biden, the son of U.S. President Joe Biden, intends to plead not guilty to federal gun charges, as stated by his lawyer in a recent court filing. This development comes amidst an ongoing political storm, with House Republicans initiating an impeachment inquiry against President Biden, scrutinizing the alleged connections between Hunter's business activities and policies implemented during Biden's vice-presidential term (2009-2017). Hunter Biden, facing three criminal counts concerning gun possession, is the first child of a sitting U.S. president to be criminally indicted. These charges are expected to significantly influence the 2024 presidential campaign, potentially setting the stage for a rematch between Joe Biden and Donald Trump. Hunter, who has held various roles including lobbyist, lawyer, and investment banker, has been a continuous target of attacks from Trump and other Republican figures, accusing him of misconduct linked to Ukraine and China. This case follows a collapsed plea agreement between Hunter and prosecutors over previous tax and gun charges.Hunter Biden will plead not guilty to gun charges | ReutersThe U.S. law firm Arnold & Porter Kaye Scholer announced the inauguration of its new office in Boston, emphasizing its focus on life sciences and healthcare sectors, including transactions, litigation, and government investigations. Hemmie Chang, previously the co-leader of the life sciences industry group at Foley Hoag, will spearhead the new branch. Chang has a notable history of representing prominent companies like Daewoong Pharmaceutical and Windgap Medical in various corporate transactions. The new office will also welcome trial lawyers Joshua Barlow and Fred Kelly, who transitioned from Haug Partners in June. This strategic move aims to integrate Arnold & Porter more deeply into Boston's thriving life sciences and healthcare industry, as stated by Dan Kracov, the co-chair of the firm's respective practice. This development follows a trend of law firms establishing a presence in Boston, with several other firms having opened offices there in the past two years.Arnold & Porter joins influx of law firms to Boston | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
Topic: Breaking Barriers While Helping Others Guest: Michelle Greenberg-Kobrin Bio: Michelle Greenberg-Kobrin is a Clinical Professor of Law at Cardozo Law School and the Founding Director of the Program on Leadership at the Heyman Center for Corporate Governance. Professor Greenberg-Kobrin is a Lecturer-in-Law at Columbia Law School, where she served as Dean of Students for eleven years. She also holds an appointment at Columbia University's Teachers College in the Klingenstein Center for Independent School Leadership. She teaches in the areas of transactional law, leadership, conflict resolution and negotiation, intellectual property law and educational governance. She served as the Title IX Coordinator at Columbia Law School where she authored sexual harassment policies and oversaw the sexual respect initiative, training hundreds of students each year. Professor Greenberg-Kobrin also facilitates the Arev Fund, a grantmaking organization whose mission is to use and promote impactful female Jewish philanthropy to spur change, with a particular focus on the advancement of women. Areas of interest include spiritual leadership, communal life, social justice, and education. Prior to her appointment at Columbia, she was an attorney in the corporate, securities, and financial Institutions group at Arnold & Porter. She received both her BA and her JD from Columbia University, and was a Bruriah Scholar at Midreshet Lindenbaum and a Torat Miriam fellow. Professor Greenberg-Kobrin trains leaders around the world and lectures and consultants with various universities, organizations, Jewish day schools and private schools on a wide-range of issues, including leadership training, negotiation and conflict resolution, agunot, policy drafting and implementation, sexual assault and harassment prevention, crisis management, work/life balance, faculty development and training and women and Judaism. She serves on a number of not-for-profit boards and lives in Riverdale, New York with her husband. They are the parents of five children. In this episode we discuss: 1) Hard Work 2) Memories from Columbia Law School class of 99' 3) Learning in Depth 4) Lessons in Parenting 5) Influencing Students 6) Start-Up Philanthropy 7) Never Saying No and so much more!
In this episode, Joe interviews Satya Thallam: Policy Advisor at the international law firm, Arnold & Porter; and longtime policy expert based in Washington, D.C. who previously served in senior roles at both the White House and the U.S. Senate. Thallam was the lead author and negotiator of the Federal Right to Try Act, which grants terminally ill patients access to experimental therapies and substances that have completed Phase I testing but have not yet been approved by the FDA. He discusses its intricacies and benefits, how psychedelics were not a focus but were always obvious, whether or not it allows people to grow their own mushrooms, and more. He talks abut the implementation of the first Federal legalization of hemp under the Farm Bill in 2018, breaking down the history and detail of how it came to be, and why a difference of .3% in weight truly matters when establishing law. He discusses the changing landscape of politicians and psychedelics; how local action creates a culture of inspiring Washington; the internal fight between different agencies and the endless lobbying it takes to get things done; how one needs to cater their argument by who is listening; risk assessment and judgment-proof operations; the concern over whether or not we got everything wrong with cannabis; and why we will likely begin seeing a lot of coalitions popping up in the psychedelic space. Click here to head to the show notes page.
Welcome to my new Series "Can you talk real quick?" This is a short, efficiently produced conversation with an expert who will let me record a quick chat to help us all better understand an issue in the news or our lives as well as connect with each other around something that might be unfolding in real time. Stand Up is a daily podcast that I book,host,edit, post and promote new episodes with brilliant guests every day. Please subscribe now for as little as 5$ and gain access to a community of over 700 awesome, curious, kind, funny, brilliant, generous souls NPR: "A Montana judge on Monday sided with young environmental activists who said state agencies were violating their constitutional right to a clean and healthful environment by permitting fossil fuel development without considering its effect on the climate. The ruling following a first-of-its- kind trial in the U.S. adds to a small number of legal decisions around the world that have established a government duty to protect citizens from climate change. District Court Judge Kathy Seeley found the policy the state uses in evaluating requests for fossil fuel permits — which does not allow agencies to evaluate the effects of greenhouse gas emissions — is unconstitutional." I reached out to the founder and faculty director of the groundbreaking Sabin Center for Climate Change Law and one of the foremost environmental lawyers in the nation, Michael Gerrard is an advocate, litigator, teacher, and scholar who has pioneered cutting-edge legal tools and strategies for addressing climate change. He writes and teaches courses on environmental law, climate change law, and energy regulation. He was the chair of the faculty of Columbia University's renowned Earth Institute from 2015 to 2018. For three decades, before joining the Columbia Law School faculty in 2009, Gerrard practiced law in New York, most recently as the partner in charge of the New York office of Arnold & Porter, where he remains senior counsel. As an environmental lawyer, he tried numerous cases and argued many appeals in federal and state courts and administrative tribunals. He also handled the environmental aspects of diverse transactions and development projects and provided regulatory compliance advice to an array of clients in the private and public sectors. Several publications rated him the leading environmental lawyer in New York and one of the leaders in the world. A prolific author, he has written or edited 14 books, including Global Climate Change and U.S. Law, the first and leading work in its field (co-edited with Jody Freeman and Michael Burger), and Legal Pathways to Deep Decarbonization in the United States (co-edited with John Dernbach). His 12-volume Environmental Law Practice Guide and four-volume Brownfields Law and Practice each received the Association of American Publishers' Best Law Book of the Year award. Gerrard is the former chair of the American Bar Association's 10,000-member Section of Environment, Energy, and Resources. He has also chaired the New York City Bar Association's Executive Committee and the New York State Bar Association's environmental law section. He has served on the executive committees of the boards of the Environmental Law Institute and the American College of Environmental Lawyers. Gerrard also has taught courses at Yale School of Forestry & Environmental Studies, Université Paris 1 Panthéon-Sorbonne, and the University of Malta. He has lectured on environmental law in Brazil, Canada, Chile, China, Costa Rica, Denmark, France, Great Britain, India, Israel, Italy, Japan, Malta, the Marshall Islands, the Netherlands, Norway, Spain, Switzerland, Taiwan, Vatican City, and throughout the United States. He has worked with the government of the Republic of the Marshall Islands on the legal issues caused by rising sea levels that threaten the island nation. Follow Professor Gerrard on Twitter Pete on Tik Tok Pete on YouTube Pete on Twitter Pete On Instagram Pete Personal FB page Stand Up with Pete FB page All things Jon Carroll Follow and Support Pete Coe
The threat of the U.S. government defaulting on its debt is full of uncertainties for federal contractors. These risks include subcontracting disputes and even going out of business if the government deprioritizes payments to government contractors. In this episode of Bona Fide Needs, Pub K's Bill Olver sits down with two attorneys from Arnold & Porter's Government Contract and National Security Group - Keith Feigenbaum and Bryan Williamson - who address the statutory framework of the debt ceiling, the implications of a breach, the likely effect on federal contractors, and many practical recommendations for how contractors can prepare for a breach and respond to any adverse actions. 0:30 - Headlines 8:00 - Introduction Keith Feigenbaum and Bryan R. Williamson 9:15 - What is the Debt Ceiling? 12:15 - What are the implications of a breach? 16:50 - How will a breach impact federal contractors? 21:00 - What can contractors do to prepare or seek remedy? 31:00 - Acknowledgements Show notes are available at the Pub K Group website.
On this episode of the inSecurities podcast, Chris and Kurt revisit Episode 47 (“Whistleblower Tips: Advice From a Former Chief of the SEC's Whistleblower Office”), on which Jane Norberg, a partner at Arnold & Porter who previously served as the Chief of the SEC's Whistleblower Office, discussed the SEC's whistleblower program and how companies can develop internal reporting systems that encourage, triage, and investigate whistleblower tips.
We are on the cusp of one of IWIL's most notable programming events of the year, Well-Being Week in Law, and we have a very special guest with us today to talk about one of IWIL's highest priorities. That's Tara Antonipillai, who is serving this year as our Chair of Well-Being Week in Law. — Transcript: Chris Newbold: Hello and welcome to this special edition of the Path to Well-Being in Law podcast. My name is Chris Newbold and I'm here with my co-host Bree Buchanan. Bree, how's it going? Bree Buchanan: Great, Chris. How are you? Chris Newbold: Good. I'm actually pretty excited actually because we are on the cusp of one of IWIL's most notable programming events of the year, Well-Being Week in Law, and we have a very special guest with us today to talk about one of IWIL's highest priorities. That's Tara Antonipillai, who is serving this year as our Chair of Well-Being Week in Law. Tara, how's it going? Tara Antonipillai: I'm great. Thanks for having me, Chris and Bree. It's nice to be here. Chris Newbold: Yeah. So let's first of all get right to the dates. Tara, when are we queued up to go on Well-Being Week in Law for 2023? Tara Antonipillai: Well, Well-Being Week in Law is exactly two weeks away. So it's May 1st through the 5th, 2023, Monday through Friday. Bree Buchanan: And what amazes me is that this is our fourth annual, boy as time go by. So tell us, Tara, is how this week is structured, how is it set up? Tara Antonipillai: Sure. So just a little bit of background. Well-Being Week in Law occurs the first week of May to launch Mental Health Awareness Month. So it is meant to focus on folks in the legal profession who may be struggling with mental health and alcohol use disorders, but also on those that while not dealing with a diagnosable illness, may not be fully thriving in their work in their life. So the aim of this is really to raise awareness about mental health and encourage action and innovation across our profession. So the week is structured in themes. So each day has a theme and as you look through it, you can see Monday is physical wellbeing, Tuesday is spiritual wellbeing, Wednesday is career or work wellbeing. Thursday is social wellbeing and Friday is emotional wellbeing. Bree Buchanan: Wonderful. Chris Newbold: I was going to say, one of the things that I think is really awesome about this particular week, and I want to give a lot of credit to the founder of this particular week, and that was Anne Bradford back several years ago. She said, "Listen, if we can get a date on the calendar in which we can shine the light on wellbeing as an issue, we can organize around that. We can talk about issues, we can set out the welcome mat, so to speak, to organizations, law firms and individuals to advance the dialogue." And it certainly feels, Tara, like that concept has really worked and worked well. And we continue to see growth in this opportunity. Tara Antonipillai: That is definitely true. I mean, we owe a huge debt to Ann for both the idea and also for the structure and many, many of the resources that serve as the foundation for Well-Being Week in Law. She put a tremendous amount of her intellectual capabilities and her really just her hard work into this and so to build it into what it is today. And I think we should be thankful to her and I think she's very happy to see what Well-Being Week in Law has become. Bree Buchanan: And Tara, one of the things that is so amazing about this... Well, two things. It's free for everybody, but also the amount of resources that are available on our website, lawyerwellbeing.net. Can you talk a little bit about what some of those resources are and how people can have their own Well-Being Week in Law? Tara Antonipillai: Yeah, for sure. So the way that we have set up the website is so that really it's a hub for folks to plan their own Well-Being Week in Law if you happen to be inside an organization or if you are an individual to participate in Well-Being Week in Law using the resources that are there. So each day there is a live event. So we sponsor one live event each day this year. Those are at 1:30 PM Eastern Daylight Time, each day for 60 minutes. And they key to the daily themes. Those webinars are free to participate in, although you do have to just register so that you get the link. And then we also have daily posts, which are very popular. Those are great for people who might be very busy. They have some really small things that again, are related to the daily themes. So each day there is a read this watch or listen to this and do this item. So those are meant to be small things that you can do to improve that element of wellbeing. And then the other thing that is on the website are a tremendous amount of activity guides and really detailed planning guides for organizations, for bar associations as to how they might go about organizing a Well-Being Week in Law inside their organization. Bree Buchanan: So Tara, I was just going to say, what's the first step to get involved? What are we asking folks to do? Tara Antonipillai: Yeah. So the best thing that you can do is, you can register as an individual or you can register as an organization. And that allows us to directly funnel the information to you, send all of the webinar information to you and make sure you receive all of the daily posts as well as access to the webinars. And then the other thing is if you'd rather not register, it's not required, it is free, but you can also go ahead and just start to check out the website and see what you find. One of our other really popular resources that's been updated for this year is the Mental Health Awareness Month calendar. And many, many people and organizations have told me that they use that calendar extensively throughout the month of May. It is linked to a lot of our resources. It includes an activity, something small each day that people can do to improve or focus on their mental health and wellbeing. So really that's just another way that you can use what we have available in a way that suits you. Chris Newbold: So again, just to reiterate there, all of the resources for Wellbeing and Law Week are on the lawyerwellbeing.net website. I think everything is easily accessible through a click in the upper right-hand corner of that. Tara, I think it's fair to say that once they click on that, there's then a pathway to say, are you an organization? Are you an individual? You pick your journey so to speak. And I think one of the things, and I know that we're still two weeks out, but if memory serves me, we already have a over 150 different organizations who have already come in and registered to participate. That's an incredible number. And again, I think it demonstrates a couple of things. One, how much this issue is being talked about within the legal community. How many different types of organizations and stakeholders ultimately want to get engaged, and how many of them are ultimately coming to IWIL as part of us being able to provide resources to help them structure a very productive week in that first week of May. Tara Antonipillai: Yeah, I think that's really true. I have been really floored with how many people have registered. I think right now we have 172 organizations registered as of today. And it's fun to see how people are participating, which actually reminds me, we do have a participation challenge again this year that relies heavily on one of our sponsors, Canyon Ranch, who donates a really great three day prize getaway for anyone who participates. And all you really have to do is fill out a survey that's very easy to access online. You'll see it multiple times on the website that just says, tell us how you're participating in Well-Being Week in Law. And it can be anything from participating in one of our webinars to I've gone for a walk every day at lunch. It can be very simple and that enters you for a chance to win some really great prizes. So it's been very popular in years past and I expect it will be this year as well. Chris Newbold: Just give us a brief sampling of, because again, I think when we say organizations that are participating, I got to think that there's a real interesting diversity not just in diverse groups, but diverse stakeholder groups that are opting to participate from, I got to guess, law schools and perhaps regulators, insurance carriers, law firms. I'm guessing it runs the gamut because everybody is looking at the issue just from a different perspective or lens. Tara Antonipillai: That I think is very true. So even if you look at the first few on our list, we've got Akin Gump, it's a large law firm, and then we've got the Alabama State Bar Quality of Life and Health Wellness Committee. We have the Aramark Legal Department and then Armstrong Teasdale below them. And then we have the Brooklyn Defender Services and several law schools, the North Dakota State's Association. So just this really wide cross section of organizations that are not only participating but are collaborating with us to get the word out and encourage their members to participate. Bree Buchanan: That is really exciting. Tara, one of the things we like to talk with our guests about too is, if you could just tell us what has driven your passion for wellbeing and law? How did you get to working in this space? Tara Antonipillai: Well, I was a lawyer. I was a tax lawyer at a large firm in Washington DC. I did mostly nonprofit tax work and I have a lifelong interest in yoga and meditation. So when I stopped practicing law, I found my way, coincidentally back into law firms. My old firm, Arnold & Porter asked me to come back to teach some stress management programs and I just became super interested in it. I never really thinking that it would be a second career for me. Ultimately, I went back to graduate school and to coaching school at Brown and to graduate school at Penn in applied psychology. So I became really interested in how we could help people and focus on maybe some small changes. My husband was a partner in a law firm and he runs a company now. So I think I really understand that people are very busy and don't always have a lot of extra bandwidth. So in my research and in my work, I really am focused a lot on behavioral economics, behavioral changes, ways that people can harness and use the time that they have and not necessarily trying to find a lot of extra time towards promoting wellbeing. So that's the angle that I come at it from, and really where my passion is, which is that overlap between busy people and wellbeing. Chris Newbold: Good. So any last words of advice or counsel? Obviously we want to invite as many listeners and their respective organizations or as individuals to become an active participant in Well-Being Week in Law. I would say probably the easiest thing for folks to do if they're interested, and again, you can do this all the way up until the day before, or you can actually do it during the week of that, I would guess, Tara, advise folks to go to the Well-Being in Law or lawyerwellbeing.net website. So the IWIL website, is that the easiest way to start their journey? Tara Antonipillai: Yeah, for sure. The IWIL website is definitely the way to go. And my final words would just be that there's a path for everyone when it comes to Well-Being Week in Law. You can participate as little or as much as you would. So I encourage people to check it out and maybe just lean in just a little bit, try out one or two things and see how it goes. But I hope that you will join us and participate in the way that works for you. It's really a week, a program, a system that's designed for everyone and to be used in multiple ways. So we hope you will join us. Chris Newbold: Yeah. And like I said earlier, I mean, this is an offering that you should feel free to take your own journey. As long as you're doing anything in the space of wellness, you can certainly opt into the structure that we can help provide you and the resources and the communication toolkits that are available. But if you want to do one thing during the week or organize something in your respective law firm around wellbeing, I mean, you have the ability to lean in to the greatest extent or the least extent that you want to. We're just here to obviously support you and anything that you want to do to advance the cause of Well-Being Week in Law. Anything else, Bree, that you would mention? Bree Buchanan: I think that's it. I think it's time to get out and go take a walk or something from Well-Being. Chris Newbold: I do want to give a special shout out to sponsors, upcoming Well-Being Week in Law. One of them has obviously already been mentioned Canyon Ranch. And we're going to be, I think, raffling off a three night all-inclusive pathway experience at Canyon Ranch. And then two other supporting sponsors that I want to give a special shout out to. And that would be Virgin Pulse. And obviously they're doing work in the wellbeing space. And then the good folks over at Unmind who are also providing resources to folks interested in advancing wellness in their particular organizations. Bree Buchanan: And we have this a daily sponsor Guide and Thrive as well. Chris Newbold: That's right. That's right. Excellent. Well, Tara, thanks for joining us. Again, a very heartfelt thank you for the work that you are investing. Tara is a volunteer with the Institute for Well-Being in Law. She has stepped in as... Anne has taken a little bit of a breather. Tara has stepped up and done so in just a really thoughtful, big time way. And we're really proud of you, Tara, and everything that you've done to advance this particular week, and we're really excited about what lies ahead. Tara Antonipillai: Awesome. Thanks for having me. I can't wait. Bree Buchanan: Thanks, Tara. Chris Newbold: Excellent. Thanks.
Welcome to the Great Women in Compliance Podcast, hosted by Mary Shirley and Lisa Fine. The Great Women in Compliance podcast has covered speaking up from many angles over the last several years because it's such an important and perennial topic that Compliance Officers need to keep thinking on to maximize effectiveness. This week's unique speak up angle comes from the former Chief of the Office of the Whistleblower at the Securities and Exchange Commission. Jane Norberg is now a partner at Arnold Porter and shares some insightful observations and advice that leverage off her knowledge from receiving whistleblower tips over nine years. She tells the #GWIC audience how the Office of the Whistleblower focuses their priorities and how the SEC typically works with whistleblowers. Jane talks about the well-known phenomenon that many whistleblowers do make an attempt to report internally before they turn elsewhere and Mary asks her about some of the specific areas of opportunity that companies have to avoid missing the gift of a whistleblower tip – you won't want to miss this. You can find the Great Women in Compliance Podcast on the Compliance Podcast Network where you can find several other resources and podcasts to keep you up to date in the Ethics and Compliance world. You can also find the GWIC podcast on Corporate Compliance Insights where you can learn more about the podcast, stream prior episodes and catch up on Mary's monthly column "Living Your Best Compliance Life.” Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We've Learned from Great Women in Compliance” (CCI Press, 2020). If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review. Don't forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you're done, or if you can't bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat. If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review. Don't forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you're done, or if you can't bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat. You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast. Join the Great Women in Compliance community on LinkedIn here.
On January 17, the Court heard oral argument in Santos-Zacaria v. Garland. The case involves immigration law and whether a court of appeals can review an immigrant's petition that the Board of Immigration Appeals participated in impermissible fact finding because the immigrant did not exhaust this claim using a motion to reconsider.Join us to hear a breakdown of the case!Featuring:John Elwood, Partner, Arnold & Porter, head of the firm's appellate and Supreme Court practice
Serving on the bench is a challenge and a privilege. For certain communities in our society, the path to the bench was a never traveled one until recently. What are some of the most valuable experiences that have prepared a judge for the bench? The honorable Judge Yvonne Gonzalez Rogers speaks with Melissa Maxman and Anora Wang on her professional experiences including prior private practice and service in state and federal courts, her views on diversity, equity, and inclusion, and practice pointers. With special guest: Judge Yvonne Gonzalez Rogers, the District Court for the Northern District of California Related Links: Apple iPod iTunes Antitrust Litig., No. 05-CV-0037 YGR, 2014 WL 4809288 (N.D. Cal. Sept. 26, 2014) (ORDER DENYING: (1)DEFENDANT'S COMBINED MOTION FOR SUMMARY JUDGMENT AND DAUBERT MOTION; (2)PLAINTIFFS' DAUBERT MOTION; AND (3)PLAINTIFFS' MOTION TO STRIKE EXPERT REPORT) Epic Games, Inc. v. Apple Inc., 559 F. Supp. 3d 898, 922 (N.D. Cal. 2021) (RULE 52 ORDER AFTER TRIAL ON THE MERITS) Hosted by: Melissa Maxman, Cohen & Gresser and Anora Wang, Arnold & Porter
Compared to other proposals to reform the U.S. antitrust regime, the State Antitrust Enforcement Venue Act has shown greater potential of being passed. What is at stake here? Yee Wah Chin, Counsel at Ingram Yuzek, speaks with Anora Wang and Alicia Downey about the arguments for and against exempting antitrust cases brought by state attorneys general from transfer and consolidation in a single venue. Listen to this episode to learn about the complexities in the proposed legal change and the potential implications if and when it is enacted. With special guest: Yee Wah Chin, Counsel, Ingram Yuzek Gainen Carroll & Bertolotti, LLP Related Links: Yee Wah Chin, The State Antitrust Enforcement Venue Act of 2021: A Counterproductive Solution in Search of a Problem (January 10, 2022), New York Law Journal Vol. 267 No. 6 (2022) Hosted by: Anora Wang, Arnold & Porter and Alicia L. Downey, Downey Law LLC
The Anti-Monopoly Law (AML) is China's principal antitrust statute, as recently amended in August 2022, exactly 14 years after its inception. What has changed about China's antitrust regime over the years? Steve Harris, respected practitioner and thought leader on Asian antitrust laws, speaks with Anora Wang and Christina Ma about his experiences with and perspectives of the AML, enforcement, and relevant agencies. Listen to this episode to learn about the significant developments of China's antitrust law. With special guests H Stephen Harris Jr., Attorney at Law Related Link: American Bar Association Comments on Five Draft Provisions Implementing the Anti-Monopoly Law of China (August 18, 2022) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen, & Katz
The United States International Trade Commission (ITC) may have been a familiar forum to parties in international trade to address disputes over intellectual property rights. But can the ITC also be an alternative adjudication body for private antitrust litigation? The Honorable F. Scott Kieff, Professor of Law at the George Washington Law School and former USITC commissioner speaks with Anora Wang and Christina Ma on the ITC's design, the agency's Section 337 docket, and ITC proceedings involving antitrust. Listen to this episode to learn about the ITC as an agency and its relevance to competition. With special guest: F. Scott Kieff, Fred C. Stevenson Research Professor of Law, George Washington University Law School Related Links: 1. F. Scott Kieff, Private Antitrust at the U.S. International Trade Commission, 14 J. Comp. L. & Econ. 46 (2018) 2. F. Scott Kieff, "A Soup to Nuts Overview of a Job Search: A Common Sense Primer for Law Students" (2009) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
There is a growing interest in understanding the “ownership interests hypothesis,” i.e., whether investors holding interests in competing firms will soften firms' incentives to compete and generate anticompetitive effects. But what do the data show? Isabel Tecu, principal at Charles River Associates and co-author of a leading study on common ownership focusing on the airlines industry, discusses her observations and insights with Anora Wang and Christina Ma. Listen to this episode to learn about the knowns and unknowns from the empirical evidence as well as implications for competition policy. With special guest: Isabel Tecu, Principal, Charles River Associates Related Links: 1. José Azar, Martin C. Schmalz & Isabel Tecu, Anticompetitive Effects of Common Ownership (Working Paper, 2014) 2. Isabel Tecu, "Anticompetitive Effects of Common Ownership" at Seven Years, Antitrust Magazine, Volume 36, Issue 1 (Fall 2021) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
The FTC's General Counsel (GC) is the agency's chief legal officer and adviser that provides counsel on various issues of law and policy and represents the agency in court. What are some of the most regular and important issues at the FTC's GC office? Prof. Alden Abbott, former FTC GC and current Senior Research Fellow at George Mason University's Mercatus Center, speaks with John Roberti and Anora Wang on issues including the Administrative Procedure Act, which can be critical especially when the agency expands or restricts its authorities. Listen to this episode to better understand the FTC's GC role. With special guest: Alden Abbott, Senior Research Fellow, Mercatus Center at George Mason University Related Links: Alden Abbott, FTC Competition Regulation: A Cost-Benefit Appraisal (June 28, 2021) Hosted by: John Roberti, Cohen & Gresser and Anora Wang, Arnold & Porter
In a 6-3 decision in West Virginia v. EPA, Supreme Court justices determined that the Environmental Protection Agency (EPA) overstepped its authority in regulating carbon dioxide emissions from power plants. Since the Thursday decision, several environmental groups have called the monumental ruling devastating to the Biden administration's efforts to facilitate a clean energy transition. For a breakdown of the decision and its implications for climate regulations moving forward, host Bill Loveless spoke with legal experts Michael Gerrard and Jeff Holmstead. Michael is founder and director of the Sabin Center for Climate Change Law at Columbia University. He has pioneered innovative legal strategies and teaches courses on environmental law, climate change law and energy regulation. Before his time at Columbia, Michael was the head of the New York law office of Arnold & Porter. Jeff heads the Environmental Strategies Group at the law firm Bracewell. He previously served as assistant administrator for air and radiation at the EPA under President George W. Bush from 2001 to 2005. During his tenure, he was one of the architects behind the Clean Air Interstate Rule, the Clean Air Diesel Rule and the Mercury Rule for power plants. The pair discussed precisely how the rule curbs the EPA's power, where it stops short, and the kind of legal precedence it sets for future cases.
Arnold & Porter alum and intelligence pro Christopher Jaros joins Evan to discuss his path from BigLaw into the world of corporate investigations, whether HUMINT really works, and how he helps law firms diligence witnesses for deposition and trial.
The Section Lunch at the Antitrust Law Section's Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Anora Wang ask former COFECE Chair Alejandra Palacios to talk about Mexico's competition regime, newsworthy accomplishments of COFECE under her leadership, and her own professional journey. With special guest: Alejandra Palacios, Senior Fellow at the Sol Price School of Public Policy at the University of Southern California (USC) Related Links: COFECE - Federal Economic Competition Commission A converging competition agenda for the prosperity of Mexico and the United States Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter
Under the U.S. Supreme Court case FTC v. Actavis (2013), antitrust analysis of “reverse settlements” of IP litigations between makers of branded small molecule drugs and generics requires an analysis under the rule of reason. Are there distinct challenges presented by settlements between branded biologics and biosimilars? Sean Sheridan and Archan Ruparel, principals at Charles River Associates, speak with Anora Wang and Christina Ma on the complexities of negotiating patent settlements involving biosimilars. Listen to this episode to learn about pharmaceutical entry, price erosion, and more. With special guests: Sean Sheridan, Principal, Charles River Associates and Archan Ruparel, Principal, Charles River Associates Related Link: Sean Sheridan and Archan Ruparel, FDA Biosimilar Approval Foreshadows IP Litigation Issues (September 15, 2021) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
The U.S. Federal Trade Commission's current leadership has a vision for changing various aspects of antitrust laws through rulemaking. But can the FTC's rulemaking withstand administrative law challenges in federal court? Richard Pierce, renowned administrative law scholar and professor at The George Washington University, walks through the FTC's proposals and potential administrative law challenges with Anora Wang and Christina Ma. Listen to this episode to learn about the legal bases, limitations, and challenges to FTC rulemaking. With special guest: Richard J. Pierce Jr., Lyle T. Alverson Professor of Law, The George Washington University Law School Related Links: Richard J. Pierce Jr, Can the Federal Trade Commission Use Rulemaking to Change Antitrust Law? (2021) Richard J. Pierce Jr, Important Changes at the Intersection of Antitrust and Administrative Law (2022) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
Raqiyyah Pippins, co-leader of Arnold & Porter's Consumer Products & Retail industry sector, joins Evan to discuss what companies can and cannot put on product labels under FDA regulation, the rise of FTC enforcement actions, and the tension between what companies can say and what consumers want to know in addition to a side bar into great music!