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Most agree that children's online privacy is important. But how should it be protected? Ryan Durrie, Associate Director of the Cordell Institute at Washington University in St. Louis, joins Christina Ma and Anora Wang to discuss how the Children's Online Privacy Protection Act (or COPPA) protects online privacy today and how it could be reformed. Listen to this episode if you want to learn about the latest policy developments in online privacy. With special guest: Ryan Durrie, Associate Director, Cordell Institute at Washington University in St. Louis Related Links: Cordel Institute for Policy in Law and Medicine, Washington University in St. Louis, Comment to FTC on COPPA (Mar. 12, 2024) Neil Richards, Woodrow Hartzog, & Jordan Francis, A Concrete Proposal for Data Loyalty (2023) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
Privacy law has become increasingly relevant and important with the advent of the internet and all things digital and most agree that these laws should protect children's privacy, in particular. But what are the tradeoffs? James Cooper, Professor of Law and Economics at Scalia Law School at George Mason University, joins Christina Ma and Anora Wang to discuss the Children's Online Privacy and Protection Act, proposed changes to the rules enforcing the Act, and the potential tradeoffs to certain proposals. Listen to this episode of Our Curious Amalgam if you want to learn more about how the U.S. regulates online privacy for kids and its impact. With special guest: James Cooper, Antonin Scalia Law School Related Links: Garrett Johnson, Tesary Lin, James Cooper and Liang Zhong, COPPAcalypse (2023) Comment on FTC's Proposed COPPA Rulemaking, Program on Economics & Privacy, George Mason University Scalia Law School (2024) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Anora Wang, Arnold & Porter Kaye Scholer LLP
John Coates is the Deputy Dean of Harvard Law School. He has served at the Securities and Exchange Commission, and was a partner at Wachtell, Lipton, Rosen & Katz, specializing in financial institutions. He has testified before Congress and provided consulting services to the Department of Justice, the Department of Treasury, and the New York Stock Exchange. He is author of the ‘The Problem of Twelve: When a Few Financial Institutions Control Everything'. This podcast covers: the rise of the public company, how companies balance the interests of society, the 1970s disruption to corporate order, and much more. Follow us here for more amazing insights: https://macrohive.com/home-prime/ https://twitter.com/Macro_Hive https://www.linkedin.com/company/macro-hive
This week I had the distinct pleasure of visiting with former Chief Justice of the Delaware Supreme Court, the Honorable Leo E. Strine, Jr., Of Counsel, at Wachtell, Lipton, Rosen & Katz. Judge Strine and I discuss the intense focus on environmental, social, and governance (ESG) standards and the pressures on corporate directors and managers occasioned by the Caremark decision and its progeny, among other developments. These initiatives have particular relevance to businesses many of our clients and listeners manage, as they often involve environmentally sensitive chemical products and manufacturing operations. We discuss Judge Strine's thoughts on implementing ESG programs by building upon existing corporate compliance programs and how best to allocate compliance responsibilities between corporate boards and senior management. Leo E. Strine, Jr., Kirby M. Smith, and Reilly S. Steel, “Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark and EESG Strategy,” Iowa Law Review, Volume 106, Issue 4, 2021. https://ilr.law.uiowa.edu/print/volume-106-issue-4/caremark-and-esg-perfect-together-a-practical-approach-to-implementing-an-integrated-efficient-and-effective-caremark-and-eesg-strategy Leo E. Strine, Jr., “Good Corporate Citizenship We Can All Get Behind?: Toward A Principled, Non-Ideological Approach To Making Money The Right Way,” The Business Lawyer, Volume 78, Spring 2023. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4296287 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: Shoe Bomber SentencedOn this day, January 30th, in the year 2003, a significant event in the annals of legal and aviation history unfolded when Richard Reid, a British national, received a life sentence in the United States for an act of terrorism that gripped the world. Reid's infamous attempt to destroy an American passenger plane with a bomb concealed in his shoe marked a chilling moment in aviation security.It was on December 21, 2001, when Reid boarded a flight at Miami International Airport, destined for Paris, with a sinister plan. Hidden within his shoe was an explosive device, a fact unknown to fellow passengers and crew as the flight commenced. The calm of the flight was shattered when Reid made his move to ignite the explosive device. However, the narrative took a dramatic turn as alert passengers and crew members quickly intervened. Displaying remarkable courage and presence of mind, they restrained Reid, thwarting what could have been a catastrophic tragedy in mid-air. This act of collective bravery averted potential loss of life and highlighted the importance of vigilance in air travel.Reid's arrest and subsequent trial brought to light the ever-present threats in aviation and the need for stringent security measures. His conviction and life sentence, handed down on this day, served as a stark reminder of the ongoing battle against terrorism and the importance of international cooperation in ensuring the safety of air travel.Richard Reid's case not only transformed airport security protocols worldwide but also became a case study in counter-terrorism strategies. It underscored the reality that threats can come in the most unexpected forms and from seemingly ordinary individuals. Today, as we look back on this day in legal history, we are reminded of the thin line between normalcy and chaos in our interconnected world.Legal malpractice claims against law firms are on the rise, both in frequency and in financial magnitude. This trend is driven by a combination of factors, including large insurance policies held by law firms, client reluctance to pay fees, and the involvement of investors in litigation. As a result, law firms increasingly find themselves as defendants in costly lawsuits.Clients are suing their legal counsel for various alleged missteps, such as conflicts of interest and failure to file documents on time. This has led to a specialty emerging among attorneys in suing law firms. Bethany Kristovich, a litigation partner, observes a growing tendency for clients to view law firms as just another source of financial compensation.A 2023 report by Ames & Gough highlights the escalating scale of these claims, with seven out of ten insurers of top law firms paying claims over $50 million in recent years, and two exceeding $150 million. The most common areas for malpractice claims are trusts and estates, and business and commercial transactions.Law firms' perceived financial backing by substantial insurance policies makes them attractive targets for malpractice suits. Economic pressures further exacerbate this vulnerability, leading clients to dispute fees, especially during tough business conditions. High-profile cases, such as X Corp.'s (owned by Elon Musk) lawsuit against Wachtell, Lipton, Rosen & Katz over $90 million fees, illustrate this trend.Attorneys, once reluctant to sue fellow law firms, now pursue these cases more freely, as seen in the success of Reid Collins & Tsai in securing substantial settlements from such lawsuits. The firm's approach often involves a pre-suit process, maintaining discretion and good relations with insurance carriers and law firms.Kristovich predicts an increase in claims related to breaches of fiduciary duties and conflicts of interest. She notes a shift in the nature of allegations, with law firms now more likely to be sued for their association with a client's alleged crimes, rather than just their legal advice. This changing landscape suggests a more challenging environment for legal practices in managing their professional risks.Legal Malpractice Claims Grow in Size as Clients Turn on CounselJustice Sonia Sotomayor, during an appearance at the University of California, Berkeley's law school, expressed that she is feeling the strain of an increasingly demanding workload at the Supreme Court. Sotomayor, who was appointed by President Barack Obama in 2009 and is the first Latina justice, mentioned the court's packed schedule, which includes significant cases on abortion, guns, social media, and a Trump ballot issue. She noted the growing number of emergency cases and briefs from outside groups as factors contributing to her exhaustion.Sotomayor remarked that the court's emergency calendar is now active almost weekly, a significant change from when the justices had a substantial summer break. In response to UC Berkeley Law Dean Erwin Chemerinsky's query about how to address student disillusionment with the Supreme Court and the Constitution, Sotomayor emphasized the importance of continuing to fight for justice. She referenced historical figures like Justice Thurgood Marshall, Rep. John Lewis, and civil rights activists, highlighting their sacrifices and the necessity of persevering against challenges.Sotomayor conveyed her own sense of obligation and commitment, despite the frustrations and emotional toll of her work. She stressed that change requires persistent effort and dedication, underscoring the importance of not yielding to despair in the pursuit of justice.Sotomayor Calls Supreme Court Pace, Workload More Demanding (1)Donald Trump's lawyer, Alina Habba, has raised questions about a potential conflict of interest involving U.S. District Judge Lewis Kaplan, who presided over E. Jean Carroll's recent defamation trial. Habba's skepticism stems from a New York Post article that highlighted an alleged prior working relationship between Judge Kaplan and Carroll's lawyer, Roberta Kaplan, at the law firm Paul, Weiss, Rifkind, Wharton & Garrison in the early 1990s. This claim, based on an unnamed source, suggests that Roberta Kaplan sought to stand out as an associate and Judge Kaplan was "like her mentor."Habba finds this relationship "particularly concerning" and suggests it could be grounds for a new trial. She also accuses Judge Kaplan of being "overtly hostile" towards Trump's side and showing "preferential" treatment to Carroll's, which she believes might support her call for a retrial. Trump's team is planning to appeal the recent $83.3 million verdict against him, which was a result of his 2019 denial of raping Carroll in the 1990s.However, skepticism about these claims might be warranted given the lack of immediate response from Judge Kaplan's chambers, spokespeople for Carroll and Roberta Kaplan, and Paul Weiss. Furthermore, Habba's argument primarily relies on a single media report and an unnamed source, which might not provide the most reliable foundation for such serious allegations. The situation is complicated by the large amount of money involved in the verdict and the ongoing appeal of a previous $5 million award against Trump in a similar case, making the context of these allegations particularly charged.Trump lawyer says judge's possible conflict may taint $83 million Carroll verdict | ReutersIn my column on nonprofit hospitals and tax reform, I discuss the significant tax benefits these institutions receive while often contributing less than 1% of their revenue to charity care. This disparity between tax advantages and charitable contributions raises concerns about the societal benefits these hospitals provide. Given that nonprofit hospitals make up a considerable portion of the healthcare system and are known for high executive compensation, it's clear that policy reforms are needed to ensure these institutions fulfill their societal obligations.To address these issues, I propose enhanced financial transparency and real-time reporting. Nonprofit hospitals should be mandated to provide detailed financial data, including compensation for top executives and a breakdown of expenditures on administrative costs, marketing, and consulting fees. This level of transparency will help the public understand where tax expenditures are being allocated and whether they align with the hospitals' charitable mission.I argue that financial transparency should extend to capital projects, property investments, and outsourced service costs. Large-scale transparency is essential to reassess the relationship between tax expenditures and societal returns, especially considering the potential misallocation of funds.To aid in this endeavor, I suggest utilizing AI and other high-tech solutions. These technologies can manage large datasets and help in developing equitable benchmarks for charitable care. They can also assist in continuous financial monitoring, flagging anomalies in spending patterns.Regarding the tax status of nonprofit hospitals, they must meet specific requirements under Section 501(r) of the tax code. This includes conducting a community health needs assessment every three years and adopting financial assistance policies for patients in need. However, the standards governing expenditures on charity care are less stringent compared to those for patient financial assistance.Balancing accountability is crucial. Public awareness and demand are necessary to recalibrate the priorities of the nonprofit hospital sector. Funds allocated to public health should be viewed as investments, with misallocated resources representing both a loss of investment and an opportunity cost.In summary, my column emphasizes the need for policy reforms to ensure nonprofit hospitals align their tax benefits with societal expectations. Enhanced transparency, supported by technology, and stricter regulation are key to achieving this balance.Nonprofit Hospitals Need Novel Policy Solutions for Tax Reform Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
Our Curious Amalgam is celebrating its 250th episode by hosting a family reunion! In this episode, former and current regular hosts Alicia Downey, Anora Wang, Matthew Hall, Christina Ma, Anant Raut, and Sergei Zaslavsky highlight the some of the Top 5 most listened-to episodes, year by year, since OCA first launched in 2019. In addition to looking back at the most popular episodes, we talk about undiscovered gems in the archives and the most important legal trends and developments that have occurred since Episode #1. Listen to this episode for a special look back at the greatest hits of Our Curious Amalgam and discover how they are still relevant today. With special guests: Matthew Hall, McGuireWoods LLP, Christina Ma, Wachtell, Lipton, Rosen & Katz, Anant Raut, Trust & Trade and Sergei Zaslavsky, O'Melveny & Myers LLP Related Links: Trust and Trade Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
Saish Setty is the General Counsel at Parallaxes Capital, an emerging alternative asset manager focused on TRAs (Tax Receivable Agreements) and esoteric assets. As a senior member of the company's deal team, he spearheads the development of TRA strategies, a complex alternative asset class. Parallaxes has deployed more than $250 million across its various funds. After graduating with a BA in economics from Princeton, Saish earned his JD from Harvard Law School. Before joining Parallaxes, Saish was an Associate at Paul, Weiss, Rifkind, Wharton & Garrison LLP and began his legal career in the restructuring and finance department at Wachtell, Lipton, Rosen & Katz. As an authority in the legal industry, he has been featured in Fitch Solutions' LevFin Insights, the Reorg Radio podcast, and Forbes. Saish has spoken at events and conferences, including ones sponsored by the Practicing Law Institute and the CFA Society's High Yield Bond Master Class. Having transitioned from corporate law to a growing startup, he can instruct junior associates on making the shift. In this episode… Some lawyers are content in their roles at private practices, whereas others want to make a more significant impact. These driven professionals are often attracted to startups, where they can contribute to long-term growth. However, transitioning from BigLaw to business is not a hasty decision, as substantial career changes can be a difficult adjustment. Before trading your law firm duties for a fast-growing startup, what should you consider? With more impact comes additional responsibility, which Saish Setty experienced firsthand after moving from BigLaw to an emerging alternative asset startup. You may be required to lead pivotal decisions for growth and innovation, undertaking projects in new disciplines without prior experience. Before making the shift, Saish says to uncover the origin of your interest in the legal business. This helps you identify potential doubts and adjust your mindset to prepare appropriately. If your drive is authentic, acquire skills, experience, and knowledge in sales by joining client pitches and attending networking events. Tune in to this episode of The Lawyer's Edge Podcast as Elise Holtzman sits down with Saish Setty, Parallaxes Capital's General Counsel, to talk about transitioning from BigLaw to the startup space. Saish addresses the functional and cultural differences between business and BigLaw, how a background as a private practice lawyer translates to a general counsel role, and investors' interest in TRAs.
On this day in legal history in 1929, the Privy Council of the United Kingdom declared women officially “persons” under the laws of Canada. Which is good, that's a good thing to do, generally. People should be persons. On October 18, 1929, a landmark decision by the Privy Council of the United Kingdom fundamentally altered the legal status of women in Canada. On this day, the Privy Council overturned a ruling made by the Supreme Court of Canada in the case of Edwards v. Canada. The case was initiated by Emily Murphy, the first female magistrate in the British Empire, and four other women—Henrietta Muir Edwards, Irene Parlby, Louise McKinney, and Nellie McClung—who collectively came to be known as the Famous Five. A lawyer had challenged Murphy's right to preside over a court on the grounds that she wasn't a "person" under Canadian law, leading the Famous Five to challenge this narrow interpretation of the term "persons" as outlined in the British North America Acts, the governing laws of Canada at the time.The Supreme Court of Canada initially ruled against the Famous Five, upholding the traditional interpretation that excluded women from the definition of "persons." This decision mirrored societal prejudices that marginalized women, relegating them to domestic roles and barring them from public life. However, the Privy Council of the United Kingdom, which served as Canada's final court of appeal at the time, reversed this ruling. They declared that the exclusion of women from public offices was a "relic of days more barbarous than ours," offering a more progressive and inclusive interpretation.Lord Sankey, who delivered the Privy Council's judgment, questioned why the term "persons" should not include women, framing it as a matter of logical and moral imperative. This decision dramatically expanded the range of professional and public opportunities available to women in Canada and had ripple effects across the globe, inspiring movements for gender equality.Today, October 18 is celebrated as Persons Day in Canada, marking the victory of the Famous Five and commemorating the broader fight for gender equality. The decision serves as an enduring reminder for legal scholars, activists, and students about the power of the legal system to redefine societal norms and advance human rights.The issue of the state-and-local tax (SALT) deduction cap, instituted by the GOP in 2017, is becoming a contentious point in the upcoming elections, particularly for blue-state Republicans. The cap limited the SALT deduction to $10,000 and was initially opposed by several House Republicans from high-tax states. Although many of those opposing Republicans are no longer in office, a new batch of lawmakers from blue states is fighting to restore the full SALT deduction, albeit without success so far. This situation is giving Democrats an advantage, as candidates vow to make the removal of the SALT cap a priority if elected.Democrats' message that Republicans are responsible for a tax hike has resonated in previous elections and appears to be effective again. Republican representatives such as Mike Garcia of California have admitted that winning would be easier if their party agreed to lift the cap. The upcoming elections are critical for future tax policy discussions, as many elements of the 2017 tax law, including the SALT cap, are set to expire in 2025.By way of brief background, the SALT cap deduction refers to the limitation placed on the amount of state and local taxes (SALT) that can be deducted from a filer's federal income tax. Implemented as part of the Tax Cuts and Jobs Act of 2017, the cap is currently set at $10,000 for both single filers and married couples filing jointly. The SALT cap has been a point of debate, as it disproportionately affects taxpayers in states with higher income and property taxes–those states where more folks are likely to be exceeding $10,000 in property tax.Democrats have successfully used the SALT issue to gain an edge in previous elections, unseating Republicans who opposed the 2017 tax law due to the cap. Some candidates have characterized the 2017 law as a "weaponization of the tax code" against Democratic states. However, it's worth noting that not all Democrats are united in removing the cap. Progressive Democrats argue that the SALT deduction disproportionately benefits the wealthy and have resisted attempts to eliminate it from the Build Back Better legislation.Even as some Republican candidates try to align their party's stance with raising or eliminating the SALT cap, they face internal resistance. The issue has even stalled GOP efforts to pass tax bills, as some refuse to vote for any package that doesn't address the SALT cap. As it stands, the SALT cap issue remains a potent weapon for Democrats, particularly in high-tax states, and could significantly influence the electoral outcomes in the 2024 elections.SALT Cap Haunts GOP House Candidates as Democrats Turn TablesThe Securities and Exchange Commission (SEC) has notably excluded environmental, social, and governance (ESG) investing from its focus areas for 2024, a shift from previous years when it was listed as a priority. The agency's Division of Examinations priorities for the year did not make any direct mention of ESG, even though the topic was a key area of scrutiny in reports for 2021, 2022, and 2023. An SEC spokesperson clarified that the published priorities for 2024 are "not exhaustive" and other issues could still be addressed.This change comes as the SEC seems to be distancing itself from the ESG label in the context of corporate disclosures. An agency official mentioned that the commission is focusing more on "emergent risks" rather than using the ESG terminology. The label itself has come under scrutiny and has been politicized, leading companies like BlackRock and McDonald's to drop or downplay the term.For 2024, the SEC has shifted its focus to anti-money laundering controls, cryptocurrency, and cybersecurity. Despite this shift, it's worth noting that the SEC's Climate and ESG Task Force has been active in enforcement, settling cases with Goldman Sachs, Bank of New York Mellon, and Deutsche Bank over allegations of improper ESG investment claims and procedural failures. The SEC's deprioritizing of ESG in its 2024 exam priorities does not necessarily signal an abandonment of oversight in this area but indicates a shift in the regulatory landscape.SEC Drops ESG From List of Compliance Priorities in 2024Google has requested a California federal court to dismiss a proposed class-action lawsuit alleging that the tech giant's data scraping activities for training its AI systems violate people's privacy and property rights. The company argues that using public data is essential for training AI technologies like its chatbot Bard. Google contends that the lawsuit could significantly harm not just its services but also the development of generative AI as a whole. The lawsuit, filed in San Francisco by eight unnamed individuals, accuses Google of improperly using content from social media and other Google platforms for AI training.The suit is part of a broader trend of legal complaints against tech companies for allegedly misusing various types of content, such as books, visual art, and personal data, for AI training without permission. Google's general counsel, Halimah DeLaine Prado, dismissed the lawsuit as "baseless," stating that U.S. law permits the use of public information to create new beneficial uses. She also refuted allegations that the company uses non-public information from services like Gmail for AI training without consent.The lawsuit covers a wide array of content, from photos on dating websites to Spotify playlists and TikTok videos. One plaintiff, described as a best-selling author and investigative journalist, claimed Google copied her book to train its chatbot. Google responded that such use falls under the fair use doctrine of copyright law and criticized the lawsuit for lacking specific details on how the plaintiffs were harmed.Google says data-scraping lawsuit would take 'sledgehammer' to generative AI | ReutersIn the ongoing fraud trial of Sam Bankman-Fried, founder of the now-bankrupt cryptocurrency exchange FTX, defense lawyers are challenging the portrayal of the company's investments as "reckless and frivolous." This comes after testimony from Nishad Singh, FTX's former engineering chief, who described the company's spending on marketing and celebrity endorsements as excessive. Singh, who has pleaded guilty to fraud and is cooperating with prosecutors, testified that he thought FTX could survive despite a $13 billion shortfall in customer funds, a point that could support Bankman-Fried's defense.Bankman-Fried is in his third trial week, facing charges related to allegedly looting billions from FTX customer funds for various investments and political donations. He has pleaded not guilty. His lawyer, Mark Cohen, pressed Singh on the business benefits of marketing expenditures, potentially framing them as good-faith business decisions rather than fraud.Singh also testified about a deal FTX had with investment firm K5, which he had previously described as "toxic" for the company's culture. Cohen pointed out that K5 helped with more than just celebrity endorsements; it also assisted in investing in a tequila brand run by a celebrity. A lawsuit against K5 alleges that a Bankman-Fried-controlled company used $214 million in FTX funds to buy a stake in celebrity Kendall Jenner's 818 Tequila brand, valued at just $2.94 million at the time.Bankman-Fried's defense maintains that while he made mistakes in running FTX, he never intended to defraud anyone. Jurors have also heard from other former executives who have pleaded guilty to fraud and are cooperating with the prosecution. One significant point came when Singh acknowledged buying a $3.7 million home using FTX customer funds, stating he was "ashamed" and had agreed to forfeit the property as part of his plea agreement.Sam Bankman-Fried's lawyer says FTX investments were not 'reckless' | ReutersA California state judge has ruled that the $90 million legal dispute between Elon Musk and law firm Wachtell, Lipton, Rosen & Katz should go to arbitration rather than be settled in court. Judge Richard Ulmer agreed with Wachtell's argument that both parties had "clearly and unmistakably" agreed to let an arbitrator decide on the claims subject to arbitration. Elon Musk, who renamed Twitter to X after acquiring it, had filed a lawsuit against Wachtell to recover $90 million in fees, accusing the law firm of receiving an "improper bonus payment" that violated its fiduciary and ethical duties.The judge's decision to compel arbitration was made without objection from either party, and the merits of Musk's claims were not addressed in this ruling. Wachtell, which represented Twitter in the acquisition deal, has denied Musk's allegations. A spokesperson for Wachtell declined to comment on the ruling, and attorneys for Musk did not immediately respond to requests for comment.In the lawsuit, Musk claimed that Twitter executives "ran up the tab" by designating large amounts of money as "success" or "project" fees for law firms involved in the deal. Musk argued that Wachtell unfairly profited from the transaction. In response, Wachtell stated that Twitter's board had approved their fee, arguing that they had facilitated a deal ensuring "billions in value for Twitter's stockholders." The case is known as X Corp v Wachtell, Lipton, Rosen & Katz in the San Francisco Superior Court.Elon Musk's Twitter fee fight with law firm Wachtell belongs in arbitration, judge says | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
In our latest episode of Movers, Shakers & Rainmakers: The Biglaw Lateral Market, we dive deep into the intricate melding of recruitment, technology, and the legal industry with Michael Heise, CTO of haistack.ai. Enhanced by years of legal data and insights from Lateral Link and its expert team, Heise discusses how haistack.ai is meticulously crafted to boost the recruiting capabilities of law firms, aid in attorney retention, and proactively safeguard firms from potential lost profits. We probe the unique journey behind its creation, the challenges AI faces, and its transformative potential. And, as we always keep you updated, our hosts also highlight the latest legal shake-ups: Wachtell, Lipton, Rosen & Katz's high-profile partner acquisition from Willkie Farr & Gallagher LLP and the notable attorney departures at Stroock & Stroock & Lavan LLP. As always, be sure to rate, review, subscribe and tell a friend!
Microsoft's proposed acquisition of Activision Blizzard was controversially blocked in its original form by the UK Competition and Markets Authority. What was the CMA's rationale and how has the investigation played out since then? Bruce Kilpatrick, partner at Addleshaw Goddard LLP in London, joins Christina Ma and Matthew Hall to discuss the UK element of the worldwide merger control investigation into this case. Listen to this episode to learn more about the CMA's original investigation, the parties' appeal to the UK Competition Appeal Tribunal, the CMA's review of an amended transaction and the future of behavioral remedies in the UK. With special guest: Bruce Kilpatrick, Partner, Addleshaw Goddard LLP Related Links: UK Competition and Markets Authority Microsoft/Activision Blizzard merger case page (original transaction) UK Competition and Markets Authority Microsoft/Activision Blizzard merger case page (amended transaction) European Commission press release Microsoft/Activision Blizzard merger clearance U.S. Federal Trade Commission press release challenge to Microsoft/Activision Blizzard merger Summary of appeal application at UK Competition Appeal Tribunal (original transaction) UK Competition Appeal Tribunal case page (original transaction) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Matthew Hall, McGuireWoods London LLP
On this day in legal history, August 16, 1918, Lothar Witzke was convicted of espionage in the United States on behalf of Germany and became the first German spy convicted during World War I. Lothar Witzke was a junior officer in the German Imperial Navy during World War I, who became a spy and saboteur in the United States and Mexico. After escaping internment in Chile, he reached San Francisco in 1916 and began sabotage activities with another agent, Kurt Jahnke. They were involved in various missions, including suspected connections to significant explosions, though later investigations ruled out their involvement in some cases. Witzke was arrested in 1918 near the Mexican border, convicted, and sentenced to death, but his sentence was commuted to life imprisonment by President Woodrow Wilson. After an act of heroism in prison and diplomatic pressure from Germany, he was pardoned and released by President Calvin Coolidge in 1923. Upon his return to Germany, Witzke was decorated with the Iron Cross and later served in the Abwehr, or German military intelligence, during World War II. After the war, he became a member of the Hamburg Parliament, representing the German Party from 1949 to 1952.Donald Trump may have a 40 point lead ahead of DeSantis in the GOP primary, and Chris Christie may have overtaken the Florida governor in early New Hampshire polling, but among one demographic DeSantis seems to have the edge over all other Republican candidates–lawyers. According to a report by Bloomberg Law, Ron DeSantis has a significant advantage over Donald Trump in campaign donations from lawyers, leading with a 6-to-1 ratio. As of the end of June, DeSantis had received over $1.3 million from individual lawyer contributions, compared to just under $200,000 for Trump. DeSantis's background includes a Harvard Law School education and time as a U.S. Navy lawyer, while Trump has been known to criticize and even sue attorneys. Many larger law firms seem uncomfortable supporting Trump, contributing to DeSantis's advantage.DeSantis's fundraising from lawyers has also surpassed other GOP primary candidates, including former Governor Nikki Haley and Senator Tim Scott. His campaign haul includes significant contributions from elite law firms like Sullivan & Cromwell. DeSantis's support in Republican legal circles also includes several high-ranking Trump Justice Department officials and lawyers from Jones Day.While DeSantis leads in lawyer contributions, he still trails Trump by double digits in state and national polls. Some political analysts question whether DeSantis's momentum will continue, especially as his campaign has faced staff shakeups and strategy shifts. Meanwhile, Trump's campaign, powered by small-dollar donors, has raised over $50 million between January and June. Contributions from the legal industry have historically favored Democrats, with President Joe Biden out-raising DeSantis among lawyers so far this year with $1.5 million.DeSantis Crushes Trump in Cash from Lawyers Seeking AlternativeDavis Polk & Wardwell, a prominent law firm, has signed a 25-year lease extension to expand its Midtown headquarters in Manhattan, adding 30,000 square feet to its current space at 450 Lexington Ave. This deal increases the firm's footprint to 700,000 square feet, making it the largest commercial space leased in New York City in 2023, as announced by the building's landlord RXR Realty. The firm's managing partner, Neil Barr, emphasized that the expansion reflects the firm's growth strategy.Davis Polk has been proactive in moving back to in-office work after the pandemic and is requiring its lawyers and business services personnel to be in the office Monday through Thursday after Labor Day. The building, located near Grand Central Terminal, will undergo a $300 million renovation, including private outdoor terraces for Davis Polk and new gathering spaces.The firm's lease renewal comes amid a challenging time for Manhattan's commercial real estate market, with available office space reaching an all-time high in the second quarter of 2023. Financial and legal services have dominated the leasing transactions, with Davis Polk's lease being a significant highlight. Other law firms like Wachtell, Lipton, Rosen & Katz, Paul Hastings, and Sheppard Mullin have also renewed or expanded their New York footprints this quarter.Davis Polk Inks Manhattan's Biggest Office Lease of 2023 (1)A Delaware judge has ruled that the fair value of Pivotal Software Inc.'s shares at the time of its 2019 go-private merger with VMWare Inc. was $14.83 per share. This ruling came in an appraisal suit brought by Pivotal's former investors, who argued that the shares should have been worth $20, while Pivotal sought a valuation closer to $12. Chancellor Kathaleen St. J. McCormick arrived at the fair value figure by averaging two valuation methods suggested by the parties. The court's decision also clarified that the deal price does not provide a cap on fair value, emphasizing the importance of strong procedural protections for minority stockholders.Ex-Pivotal Investors Lose $20 Share Valuation Bid in VMWare DealThe American Bar Association (ABA) is considering a new rule that may require law schools to adopt free speech policies. This change comes after several incidents where students disrupted controversial speakers on campuses. The ABA's Council of the Section of Legal Education and Admissions to the Bar will consider a rule mandating "written policies that encourage and support the free expression of ideas." Schools would develop their own policies, but they must protect the rights of faculty, staff, and students to communicate controversial ideas and ensure robust debate.The proposed rule emphasizes that becoming an effective advocate requires learning civil discourse, even in disagreement, and that concerns about civility should not justify barring controversial discussions. While ABA's law school standards have covered academic freedom for faculty, this proposal would be the first to address free speech for the entire law school community.Prominent U.S. law schools have faced criticism for handling student protests against conservative speakers, leading to apologies and mandated free speech training at institutions like Stanford. Yale Law School also strengthened its commitment to free speech after disruptive incidents. The proposed rule would allow restrictions on unlawful expression, defamatory speech, threats, harassment, or unjustifiable invasions of privacy, and would enable reasonable regulation of the time and manner of expression. The council is set to vote on Friday on whether to send the proposed rule for public notice and comment, and further revisions are anticipated.ABA weighs new free speech rule for law schools | ReutersA federal appeals court has refused to revive a lawsuit by longtime umpire Angel Hernandez, who accused Major League Baseball (MLB) of racial discrimination. The 2nd U.S. Circuit Court of Appeals in Manhattan rejected Hernandez's arguments in a 3-0 decision, stating that the league's promotion practices, including its failure to promote him to crew chief, did not reflect unfair treatment of minorities. Hernandez, an MLB umpire since 1993, claimed he had been discriminated against after being passed over for crew chief five times between 2011 and 2018. He also cited a "history of animosity" with Joe Torre, MLB's chief baseball officer at the time of the lawsuit. The court found that Hernandez failed to show a statistically significant disparity in promotion rates, despite a "bottom-line imbalance" between white and minority crew chiefs. It also rejected Hernandez's claim that the judge erred in accepting MLB's reasons for not promoting him, which included a missed call and an "overly confrontational style." The court upheld the March 2021 dismissal of the lawsuit, and lawyers for Hernandez did not immediately respond to requests for comment. In 2020, MLB named its first black and Hispanic crew chiefs born outside the United States.Major League Baseball umpire loses appeal of discrimination lawsuit | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
Emily Witt is the Managing Director of Whistler Partners, a matchmaking firm focused on counseling leading attorneys in their careers. In her role, she facilitates women's advancements in tech, healthcare advocacy, and life sciences. With over 20 years of industry experience, Emily has served as a legal recruiter at one of the world's most preeminent law firms and now brings her expertise and advice to the agency side of the profession. Emily began her legal recruiting career as a Senior Recruiting Coordinator at Wachtell, Lipton, Rosen & Katz, where she worked alongside some of the most admirable attorneys in the country. At Wachtell, she became the designated career professional, advising associates on role progression. Emily's legal recruiting approach involves connecting with attorneys and guiding them to follow their instincts when making decisions. As a naturally skilled professional matchmaker, she counsels and encourages women to pursue their dream careers. In this episode… With so much volatility in the job market, law firms and in-house legal departments have become even pickier about their hiring standards. Whether you are looking for a role as a private practice lawyer or are interested in going in-house, it's critical that you understand the hiring landscape and prepare yourself to stand out from a crowded marketplace for legal talent. As you evaluate your options, how can you prepare to transition into your dream career? Seasoned legal recruiter Emily Witt recognizes business priorities and attorneys' professional demands. Emerging lawyers often begin their careers in-house, where they're required to possess agility, leadership skills, and the ability to communicate clearly and succinctly. Conversely, law firms value culture and professional growth, making these environments more attractive to experienced attorneys. When making this shift, Emily says to embellish your skill sets, research the firm, and assess your value proposition. You can also leverage legal recruiters to attain your career goals. In today's episode of The Lawyer's Edge Podcast, Elise Holtzman interviews Emily Witt, a Managing Director of legal recruiting firm Whistler Partners, who shares advice on how lawyers can best position themselves to succeed in a job search. Emily describes the different skills law firms and in-house legal departments look for in candidates, how to evaluate legal recruiters, and how to consider job opportunities.
On this day in history, July 19 1911, the first state law in the US allowing for censorship of movies was passed in Pennsylvania. The Pennsylvania State Board of Censors, established on July 19, 1911, under P.L. 1067 by Governor John Kinley Tener, was the first such organization in the United States and was renowned for its stringency. The Board's main responsibility was to review all films before they were released in Pennsylvania, approving only those that met moral standards and rejecting films deemed corruptive. Although the board was funded in 1913, it wasn't until 1914 that the first board members were appointed by Governor Tener. P.L. 534, enacted on May 15, 1915, expanded the board's size from two to twenty-two members. The board, which had fluctuating staff numbers throughout its history, had offices in Philadelphia, Harrisburg, and Pittsburgh, with most of the film screenings occurring in Philadelphia, fiscal supervision in Harrisburg, and film approval seals distribution in Pittsburgh.The State Censorship Board required that all movies intended for review be accompanied by their respective scripts, and affidavits confirming the authenticity of translations had to be provided for foreign films. The Board's standards, as per Section twenty-two, dictated that the film's marketing material should adhere to the same criteria as the film itself. The State Archives records, encompassing the fiscal years of 1935 through 1949, demonstrate that the Pennsylvania State Board of Censors assessed a sum of 24,235 movies during this timeframe. Concurrently, the Board mandated modifications in 2,226 unique films and prohibited the screening of seventy-six films completely.Prominent Wall Street law firm, Wachtell, Lipton, Rosen & Katz, recently saw two of its corporate attorneys, Sabastian Niles and Gordon Moodie, depart to take up roles in-house. Salesforce.com Inc. announced the appointment of Sabastian Niles as its new chief legal officer. Niles had previously advised Salesforce in negotiations with Elliott Investment Management LP, an activist investor that acquired a significant stake in the software company. Gordon Moodie has moved to AI startup Harvey as the chief product officer. Harvey, which is bringing artificial intelligence to the legal industry, has secured $21 million in investment funding. This follows another high-profile departure from Wachtell earlier this year, when Andrea Wahlquist Brown joined Paul, Weiss, Rifkind, Wharton & Garrison. Wachtell expressed support for Moodie's new venture and was pleased about Niles's recognition by Salesforce, a long-valued client.Wachtell Partners Take Jobs at Salesforce, AI Startup Harvey (1)Universities are fighting against a 1.4% tax on their large endowments, a battle expected to intensify as the focus on legacy admissions intensifies in Congress. The endowment tax, targeting over two dozen schools with substantial endowments per student, was implemented by Republicans in 2017 as a method to fund tax cuts. However, the recent Supreme Court ruling ending race-based affirmative action may give new momentum to proposals aiming to modify this tax, with the goal of supporting low-income students and targeting wealthy universities with exclusive admission practices. The issue of legacy programs has been criticized by both Republicans and Democrats, providing potential ground for bipartisan cooperation to amend the tax law. This coincides with the expiration of provisions from the 2017 tax law, creating an opportunity to review this and other related provisions. Lawmakers are considering various proposals, from increasing the tax to phasing it out for universities that support low-income students. Over a dozen universities have already reported lobbying on this issue. However, any movement on this issue is expected to take time.Endowment Tax Eyed After Supreme Court Affirmative Action RulingHarvard and other wealthy Massachusetts schools with legacy admissions hit with tax proposal that would raise hundreds of millionsVisa Inc. and Mastercard Inc. are facing an antitrust lawsuit, lodged by Block Inc. (previously Square Inc.), over allegedly inflating credit card interchange fees. The suit, filed in the US District Court for the Eastern District of New York, claims that the two card companies conspired to maintain market power by imposing elevated fees on the Square payment platform. Square contracts directly with Visa and Mastercard to handle transactions for millions of merchants, and it is the direct payer of these fees. Block argues that these inflated fees have resulted in increased retail prices paid by consumers. In addition to this, Block claims that Visa and Mastercard have raised a complex and unavoidable fee that Square pays, based on the number of a merchant's locations. Square merchants, however, pay separate fees for payment services and not the interchange fees. Visa and Mastercard have yet to respond to the allegations.Visa, Mastercard Hit With Antitrust Suit Over Credit Card FeesSenate Democrats are championing a bill aiming to establish a binding ethics code for U.S. Supreme Court justices following reports that some conservative justices have failed to disclose certain financial transactions and luxurious trips. Unlike their counterparts in the federal judiciary, the Supreme Court's nine justices are not bound by any formal code of conduct. Proposed by Democratic Senator Sheldon Whitehouse, the bill mandates new requirements for financial disclosures and recusals in case of potential conflicts of interest. Criticizing the court for its inability to self-regulate, Democrats argue that Supreme Court justices should be held to the same standard as all federal judges. However, the bill faces a challenging path to approval in the Senate and the Republican-led House of Representatives. Meanwhile, Republicans on the Judiciary Committee have interpreted the ethics reform as an attempt to tarnish the court's reputation and believe it should continue to set its own rules. The legislation would also introduce a mechanism to investigate alleged violations of the code of conduct.US Senate Democrats pursue Supreme Court ethics legislation | ReutersIn the least surprising news this week Former U.S. President Donald Trump disclosed that he has been named a target of a grand jury investigation into his efforts to overturn the 2020 election result. This represents the strongest indication yet that Trump might face federal criminal charges concerning his actions following his election loss to Joe Biden. The investigation pertains to Trump's attempts to remain in power, which include alleged pressuring of officials with false claims of voter fraud and an attack on the U.S. Capitol by his supporters. Despite his potential legal troubles, Trump remains the front-runner for the 2024 Republican presidential nomination. A series of related criminal investigations into Trump and his allies are also underway, with Michigan's Attorney General announcing charges against 16 Trump supporters. Additionally, Trump is facing criminal charges for retaining national security documents unlawfully after his term. Trump has consistently dismissed these investigations as politically motivated.Trump says he is a target in US 2020 election probe | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
The credit card industry has been the subject of increased antitrust scrutiny in recent years, even as consumer understanding of its inner workings remains low. But how did the American credit card system come to be, and are there changes for it on the horizon? Doug Kantor, General Counsel of the National Association of Convenience Stores, speaks with Christina Ma and Matt Reynolds about the history of credit and debit card payment systems, the “swipe fees” on which those systems are built, and the justifications offered over the years for those fees. Tune in to learn more about the development of card payment systems in the United States and the antitrust considerations that continue to influence their development even today. With special guest: Doug Kantor, General Counsel, National Association of Convenience Stores Related Links: https://www.convenience.org/Advocacy/Issues/SwipeFees https://www.congress.gov/bill/118th-congress/senate-bill/1838 Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Reynolds, Partner, Huth Reynolds LLP
What does Elon Musk's latest lawsuit in San Francisco Superior Court reveal? Alot! The detailed lawsuit (and its many non-redacted internal emails and other exhibits) more fully disclose the profit model of powerhouse New York law firm Wachtell, Lipton, Rosen & Katz. Elon Musk's Twitter acquisition company's suit seeks equitable "disgorgement" of the alleged $90M in "excessive legal fees" charged to and paid by Twitter's previous (now all fired) management and "approved" by its previous (now all resigned) board members. How did this happen? The “re-negotiated” fee agreement (setting the “multipler” on hourly fees to $90M (or over $100K/billable hour for less than six months of work that resulted in no trial, no appeal, and no substantive judicial decisions was finalized the day before the closing of the settlement Musk agreed to conclude after first refusing to do so. Is the timing alone enough for Musk to void the new fee agreement or will both sides consider some form of Creative Dispute Resolution? Today host Jack Russo and Professor Rafael Chodos discuss if Creativity Over Controversy®️ techniques could help both parties reach an amicable resolution. See: www.FFCDR.com
Simán lenyomta a ChatGPT-t a Meta új alkalmazása Rakéta 2023-07-09 06:33:04 Infotech Twitter ChatGPT A Threads lett minden idők leggyorsabban növekvő alkalmazása, még úgy is, hogy a Twitter konkurenciája az EU-ban egyelőre nem elérhető. Emberek lettünk, mert elkezdtünk dögöt enni 24.hu 2023-07-09 14:13:19 Tudomány Finnország A sikerhez persze nem "finnyásságunkon" kellett úrrá lennünk, hanem meg kellett tennünk az utolsó nagy evolúciós lépést. Dögök között váltunk félelmetesen sikeressé. Emberré. Először csökkent a ChatGPT felhasználóinak száma IT Business 2023-07-09 08:07:01 Cégvilág Infotech ChatGPT Júniusban első alkalommal csökkent a ChatGPT weblapját felkereső és onnan az alkalmazást letöltő felhasználók száma. A 2022 novembere óta tartó, eddig töretlen fejlődési ív tört meg az előző hónapban, nem is kis mértékben. A Similarweb internetes adatszolgáltató cég mérései szerint a ChatGPT weboldalának mobil és asztali forgalma világszerte 9,7 sz Szalay Sándor a National Academy of Science tagja lett Mínuszos 2023-07-09 04:33:24 Tudomány MTA Széchenyi-díj Szalay A. Sándor Széchenyi-díjas fizikust a National Academy of Science, az Egyesült Államok legnagyobb tekintélyű tudományos társaságának tagjává választották. Az 1863-ban alapított NAS legutóbbi közgyűlésén százhúsz új tagot választott, köztük van Szalay Széchenyi-díjas fizikus, a Magyar Tudományos Akadémia (MTA) levelező tagja. A magyar akadémik Elkanyarodik a Sega a blockchaintől és a play-to-earn játékmodelltől! theGeek 2023-07-09 06:02:22 Gaming Befektető A Sega kérdése mégis jogos: mi értelme van a játékoknak, ha azok nem szórakoztatóak? Kb. másfél éve arról hallottunk, hogy a Sega vezetősége nem nagyon akar azonnal az NFT-kkel és a blockchainnel foglalkozni (miközben a Square Enix az első adandó alkalommal „ugrott egy seggest”), ha egyszerű pénzszerzésnek tűnik. 2022 elején a befektetőknek tartott Máris átvette az irányítást felettünk a mesterséges intelligencia – jogosan rettegnek az emberek? Promotions 2023-07-09 11:11:00 Infotech Mesterséges intelligencia Nem telik el nap, hogy ne lenne része az életünknek a mesterséges intelligencia, sokan attól félnek, hogy később ennek meglesz a böjtje. Kiadtak egy teljesen új böngészőt hvg.hu 2023-07-09 10:03:00 Infotech Windows Adatvédelem Böngésző A DuckDuckGo is saját, adatvédelem-fókuszú böngészőt fejleszt, már macOS és Windows operációs rendszerekre is letölthető az előzetes kiadás. Egy félresikerült zsákmányejtésnek köszönhetjük a légköri oxigén jelentős részét iPON! 2023-07-09 06:08:00 Tudomány Egy új kutatás eredményei szerint, hogy a tengeri mikrobák egy egykor emésztési szerepet betöltő membrán eredményeként sokkal hatékonyabban fotoszintetizálnak. Nem vérzett el a robotkarmester Origo 2023-07-09 06:30:00 Infotech Robot Dél-Korea Szöul Szöulban vette át egy robot a karmester helyét, és bár nem volt tökéletes, de kudarcot sem vallott a teljesítménye. Ellopja az adataid ez a két alkalmazás, ha ott vannak a mobilodon TechWorld 2023-07-09 14:33:32 Infotech Google Kiberbiztonság Kiberbiztonsági kutatók a Google hivatalos alkalmazás boltjában két veszélyes fájlkezelő alkalmazásra bukkantak, amelyek adatokat lopnak a gyanútlan felhasználóktól. Bár a Google rendszeresen vadássza a rosszindulatú appokat, és igyekszik mindent elkövetni, hogy megakadályozza az alkalmazásokkal elkövetett csalásokat, még így is előfordul, hogy a A nap képe /Földünk az űrből/ – Cassini Spacejunkie 2023-07-09 08:04:00 Tudomány Világűr A Cassini által 2013. július 19-én készített felvételen a Földünk és a Hold látható 1,44 milliárd kilométer távolságból, melyhez az űrszonda legnagyobb felbontású kameráját használták annak érdekében, hogy a Föld és a Hold is látható legyen. Robotok szerint ők jobban tudnák irányítani a világot mint az emberek Neokohn 2023-07-09 08:30:51 Tudomány Mesterséges intelligencia ENSZ Robot Az ENSZ által rendezett, AI-val (mesterséges intelligencia) foglalkozó konferencia sajtótájékoztatóján a robotok is válaszoltak a sajtó kérdéseire. Elon Musk bepereli az ügyvédeket a Twitter túlszámlázása miatt ma.hu 2023-07-09 12:31:00 Infotech Bíróság Twitter Elon Musk A Wachtell, Lipton, Rosen & Katz vezette a bírósági eljárást, hogy a milliárdos befejezze a cég tavalyi felvásárlását.
Simán lenyomta a ChatGPT-t a Meta új alkalmazása Rakéta 2023-07-09 06:33:04 Infotech Twitter ChatGPT A Threads lett minden idők leggyorsabban növekvő alkalmazása, még úgy is, hogy a Twitter konkurenciája az EU-ban egyelőre nem elérhető. Emberek lettünk, mert elkezdtünk dögöt enni 24.hu 2023-07-09 14:13:19 Tudomány Finnország A sikerhez persze nem "finnyásságunkon" kellett úrrá lennünk, hanem meg kellett tennünk az utolsó nagy evolúciós lépést. Dögök között váltunk félelmetesen sikeressé. Emberré. Először csökkent a ChatGPT felhasználóinak száma IT Business 2023-07-09 08:07:01 Cégvilág Infotech ChatGPT Júniusban első alkalommal csökkent a ChatGPT weblapját felkereső és onnan az alkalmazást letöltő felhasználók száma. A 2022 novembere óta tartó, eddig töretlen fejlődési ív tört meg az előző hónapban, nem is kis mértékben. A Similarweb internetes adatszolgáltató cég mérései szerint a ChatGPT weboldalának mobil és asztali forgalma világszerte 9,7 sz Szalay Sándor a National Academy of Science tagja lett Mínuszos 2023-07-09 04:33:24 Tudomány MTA Széchenyi-díj Szalay A. Sándor Széchenyi-díjas fizikust a National Academy of Science, az Egyesült Államok legnagyobb tekintélyű tudományos társaságának tagjává választották. Az 1863-ban alapított NAS legutóbbi közgyűlésén százhúsz új tagot választott, köztük van Szalay Széchenyi-díjas fizikus, a Magyar Tudományos Akadémia (MTA) levelező tagja. A magyar akadémik Elkanyarodik a Sega a blockchaintől és a play-to-earn játékmodelltől! theGeek 2023-07-09 06:02:22 Gaming Befektető A Sega kérdése mégis jogos: mi értelme van a játékoknak, ha azok nem szórakoztatóak? Kb. másfél éve arról hallottunk, hogy a Sega vezetősége nem nagyon akar azonnal az NFT-kkel és a blockchainnel foglalkozni (miközben a Square Enix az első adandó alkalommal „ugrott egy seggest”), ha egyszerű pénzszerzésnek tűnik. 2022 elején a befektetőknek tartott Máris átvette az irányítást felettünk a mesterséges intelligencia – jogosan rettegnek az emberek? Promotions 2023-07-09 11:11:00 Infotech Mesterséges intelligencia Nem telik el nap, hogy ne lenne része az életünknek a mesterséges intelligencia, sokan attól félnek, hogy később ennek meglesz a böjtje. Kiadtak egy teljesen új böngészőt hvg.hu 2023-07-09 10:03:00 Infotech Windows Adatvédelem Böngésző A DuckDuckGo is saját, adatvédelem-fókuszú böngészőt fejleszt, már macOS és Windows operációs rendszerekre is letölthető az előzetes kiadás. Egy félresikerült zsákmányejtésnek köszönhetjük a légköri oxigén jelentős részét iPON! 2023-07-09 06:08:00 Tudomány Egy új kutatás eredményei szerint, hogy a tengeri mikrobák egy egykor emésztési szerepet betöltő membrán eredményeként sokkal hatékonyabban fotoszintetizálnak. Nem vérzett el a robotkarmester Origo 2023-07-09 06:30:00 Infotech Robot Dél-Korea Szöul Szöulban vette át egy robot a karmester helyét, és bár nem volt tökéletes, de kudarcot sem vallott a teljesítménye. Ellopja az adataid ez a két alkalmazás, ha ott vannak a mobilodon TechWorld 2023-07-09 14:33:32 Infotech Google Kiberbiztonság Kiberbiztonsági kutatók a Google hivatalos alkalmazás boltjában két veszélyes fájlkezelő alkalmazásra bukkantak, amelyek adatokat lopnak a gyanútlan felhasználóktól. Bár a Google rendszeresen vadássza a rosszindulatú appokat, és igyekszik mindent elkövetni, hogy megakadályozza az alkalmazásokkal elkövetett csalásokat, még így is előfordul, hogy a A nap képe /Földünk az űrből/ – Cassini Spacejunkie 2023-07-09 08:04:00 Tudomány Világűr A Cassini által 2013. július 19-én készített felvételen a Földünk és a Hold látható 1,44 milliárd kilométer távolságból, melyhez az űrszonda legnagyobb felbontású kameráját használták annak érdekében, hogy a Föld és a Hold is látható legyen. Robotok szerint ők jobban tudnák irányítani a világot mint az emberek Neokohn 2023-07-09 08:30:51 Tudomány Mesterséges intelligencia ENSZ Robot Az ENSZ által rendezett, AI-val (mesterséges intelligencia) foglalkozó konferencia sajtótájékoztatóján a robotok is válaszoltak a sajtó kérdéseire. Elon Musk bepereli az ügyvédeket a Twitter túlszámlázása miatt ma.hu 2023-07-09 12:31:00 Infotech Bíróság Twitter Elon Musk A Wachtell, Lipton, Rosen & Katz vezette a bírósági eljárást, hogy a milliárdos befejezze a cég tavalyi felvásárlását.
0:00 -- Intro.3:45 -- Start of interview.5:09 -- Leo's "origin story". His focus on public service, and work for then Delaware Governor (now U.S. Senator) Tom Carper.9:41 -- On his time at Skadden's Wilmington office.11:52 -- On his time at the Delaware Court of Chancery and as Chief Justice of the Delaware Supreme Court. 15:32-- His views on the evolution (and strengths) of the Delaware Court of Chancery. Its symbiosis with the SEC. "The courts in Delaware are not infected by partisanship." "Our brand is everything." "Delaware is not a tax haven."24:40 -- On companies leaving Delaware or the US (via inversions). "We do not impede the flow of capital."28:34 -- Why he wrote his new paper "Good Corporate Citizenship We Can All Get Behind?: Toward A Principled, Non-Ideological Approach To Making Money The Right Way." (December 7, 2022). 78 Bus. Law. 329 (2023), "The old word for ESG was CSR, this is not a new debate." "ESG is a proxy for good corporate citizenship, it's about making money the right way."38:28 -- His proposed Model of Good, Non-Ideological Corporate Citizenship. "Make money without making harm". Reference to paper "Companies Should Maximize Shareholder Welfare Not Market Value" by Hart & Zingales. 44:49 -- On corporate political spending. "Corporate law has often policed conflict transactions." The role of the board in this process. The function of independent directors. Jack Bogle: "Institutional investors should insist that the proxy statement of each company in which they invest contain the following: Resolved: That the corporation shall make no political contributions without the approval of the holders of at least 75 percent of its shares outstanding.” "Citizens United is sort of a white whale of mine." "I would like to see Profs Lucian Bebchuk, Rob Jackson and Frank Partnoy push shareholder proposals to curb corporate political spending."58:16 -- On institutional investors' role (and challenges) in corporate governance. "I don't like the fact that [large asset managers] may be trying to escape their responsibility by passing through the voting." "With power should come responsibility."1:08:27 -- The complexity of climate change discourse: "actuaries and scientists agree on this problem." "Thanksgiving dinner behavior needs to be where we are on the business community."1:12:03 -- The books that have greatly influenced his life: Down and Out in Paris and London, by George Orwell (1933)Road to Wigan Pier, by George Orwell (1937)Simple books that his parents gave him when he was a child.1:14:30 -- His mentors, and what he learned from them: The two judges that he clerked for, Rod Ward (founder and longtime leader of Skadden's Wilmington office), Senator Tom Carper, his colleagues at the Delaware Chancery Court, Marty Lipton, Bob Clark and Michael Wachter, his wife.1:18:30 -- Quotes he thinks of often or lives his life by: "Clown time is over." (Elvis Costello). "Be yourself, unless of course you are an asshole, in which case be someone else."1:20:23 -- An unusual habit or an absurd thing that he loves: Lyrics. "I have stuck in my head pretty much every pop song of the 1970s" ("life is stuck in two decades: for me, it's the 1970s and the 1990s"). 1:23:13 -- The living person he most admires: the people who do the hardest jobs with no public glory. Leo E Strine, Jr. is Of Counsel in the Corporate Department at Wachtell, Lipton, Rosen & Katz. Prior to joining the firm, he was the Chief Justice of the Delaware Supreme Court from early 2014 through late 2019. Before becoming the Chief Justice, he served on the Delaware Court of Chancery as Chancellor since June 22, 2011, and as a Vice Chancellor since November 9, 1998.__ 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 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
Section 230 generally shields online platforms from liability for third-party content. It has been widely credited with enabling the growth of the internet, but to what extent does it apply to the latest disruptive technology --- generative AI? Jess Miers, Legal Advocacy Counsel at the Chamber of Progress, discusses the applicability of Section 230 to generative AI with hosts Christina Ma and Sergei Zaslavsky. Listen to this episode to learn about arguments for and against applying Section 230 to generative AI, and what features of generative AI will likely be key to determining the scope of Section 230 protection. With special guest: Jess Miers, Legal Advocacy Counsel, Chamber of Progress Related Links: Matt Pereault, Section 230 Won't Protect ChatGPT, Lawfare Jess Miers, Yes, Section 230 Should Protect ChatGPT And Other Generative AI Tools, Techdirt Henderson v. The Source for Public Data Fourth Circuit Opinion Fair Housing Council of San Fernando Valley v. Roommates.com Ninth Circuit Opinion Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz
The 2023 Appropriations Act included three antitrust laws dealing with merger fees, merger subsidy disclosure, and venue. What are the implications of these laws? Laura Alexander joins hosts Christina Ma and Jaclyn Phillips to discuss what these laws do, how we got them, and whether we may see substantive antitrust reform in the future. Listen to this episode to learn more about how we finally saw antitrust bills become laws. With special guest: Laura Alexander, Washington Center for Equitable Growth Related Links: Consolidated Appropriations Act, 2023 The Merger Filing Fee Modernization Act is a down payment on the future of antitrust enforcement Restoring competition in the United States The state of U.S. federal antitrust enforcement Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, Associate, White & Case LLP
To be a good value investor, you must be a good credit analyst. Over the years, I learned so much from the many investors I've met through Heilbrunn. I've shamelessly incorporated these ideas and insights into my lecture notes and the curriculum. Today's guest is one such person. Mitch Julis has had a disproportionately large impact on both my thinking and the program design. Now he joins me for a conversation about the rich interactions between the nature of the firm's business operation and the liability side of the balance sheet. Mitchell R. Julis is the Co-Founder, Co-Chairman, and Co-Chief Executive Officer of Canyon Partners, LLC. Mitch is a graduate of the Woodrow Wilson School at Princeton University, Harvard Law School, and Harvard Business School. He received an honorary doctorate from Yeshiva University of New York in 2011. Before forming Canyon, Mitch directed a group of professionals responsible for a distressed and special situation securities portfolio at Drexel Burnham Lambert. He was a bankruptcy and creditors' rights attorney at Wachtell, Lipton, Rosen & Katz in New York. In this episode, Mitch and I discuss his journey from Bronx to Beverly Hills, the juxtaposition of accounting and accountability, why increasing spending power can undermine our federal system of competition, the four P's of understanding governance, Mitch's accidental entry into restructuring and bankruptcy law, arbitrage opportunities that arise in distressed situations, his approach to risk assessment, and so much more! Key Topics: Welcome Mitch to the show (0:39) Mitch's rich childhood in the Bronx (3:14) The journey to Princeton and Mitch's goal to go to the Woodrow Wilson School of Public and International Affairs (9:35) The juxtaposition of accounting and accountability (15:47) Why increasing spending power can undermine our federal system of competition (18:09) How the four P's of understanding governance play out in real-world situations (23:58) Mitch's accidental entry into restructuring and bankruptcy law (29:31) Challenging the Countryman definition of executory contract at Harvard Law (33:12) Mitch's unexpected career moves (35:39) How Mitch's time at Drexel shifted his thinking about financial markets (38:30) Exploring arbitrage opportunities that arise in distressed situations (42:05) Using accounting to its maximum potential when modeling the evolution of the balance sheet (49:09) Insights from Canyon's statement of changes in net financial obligations (50:09) Chapter 11 escape holes and loopholes created by the private equity world (54:49) Mitch's approach to risk assessment (57:08) How the next financial crisis will play out (1:03:50) What keeps Mitch up at night with worry? (1:11:08) Mitch's movie recommendations (1:15:14) Embracing a continuous learning mindset with humility (1:18:29) And much more! Mentioned in this Episode: Canyon Partners Richard E. Neustadt's Book | Presidential Power and the Modern Presidents: The Politics of Leadership from Roosevelt to Reagan Philip Hamburger's Book | Purchasing Submission: Conditions, Power, and Freedom Freddie Gershon's Book | Sweetie Baby Cookie Honey: A Novel Sujeet Indap & Max Frumes'Book | The Caesars Palace Coup: How a Billionaire Brawl Over the Famous Casino Exposed the Corruption of the Private Equity Industry The Offer on Paramount Plus Rabbi Benjamin Blech's Article | Bernie & The Godfather Spirited on Apple TV Thanks for Listening! Be sure to subscribe on Apple, Google, Spotify, or wherever you get your podcasts. And feel free to drop us a line at valueinvesting@gsb.columbia.edu. Follow the Heilbrunn Center on social media on Instagram, LinkedIn, and more!
In recent congressional testimony, FTC Chair Lina Khan definitively declared that there is no ESG antitrust exemption. How can companies avoid violating the antitrust laws while still complying with demands from their shareholders and other constituents to conduct business consistent with policies that are environmentally and socially sensitive, and promote good public policy? David Shaw, a partner at Morrison & Foerster, and Derek Jackson, an associate at Cohen & Gresser, join Christina Ma and Melissa Maxman to discuss the intersection between ESG and the Sherman Act. Listen to this episode to learn more about whether existing antitrust exemptions, such as Noerr-Pennington, can affect business decisions about ESG. With special guests: David J. Shaw, Partner, Morrison & Foerster and Derek Jackson, Associate, Cohen & Gresser LLP Related Links: Jens Hackl, Sustainability and Antitrust – What Companies Need to Know About Sustainability Collaborations in Europe (Feb. 28, 2022) The ESG Movement and Its Impact on Antitrust Compliance (July 7, 2022) Oversight of Federal Enforcement of the Antitrust Laws, Subcommittee on Competition Policy, Antitrust, and Consumer Rights, Senate Judiciary Committee (Sept. 20, 2022) (note that discussion of ESG starts with questions from Sen. Hawley at 1:58:54 through 2:00:02 and picks up again with questions from Sen. Cotton at 2:02:42 through 2:05:35.) 3rd Circ. Won't Revive Shell Egg Buyers' Antitrust Suit Hosted by: Christina C. Ma, Partner, Wachtell, Lipton, Rosen & Katz and Melissa H. Maxman, Partner, Cohen & Gresser, LLP
Welcome to the intersection of Sports and the Law. Dan Lust is joined this week by Mike Lawson to give you the latest in Sports Law. Robert Sarver has been suspended for one year and fined $10 million. (2:53) The law firm of Wachtell, Lipton, Rosen & Katz started investigating last November the allegations of racism and misogyny within the Phoenix Suns organization. The report found that Sarver engaged in conduct that clearly violated common workplace standards, as reflected in team and League rules and policies. Sarver is prohibited from all basketball activities and operations for both the Suns and Mercury teams. MLB through a statement of Commissioner Manfred will voluntarily recognize MiLB as a union. (13:30) MiLB has begun the card process required by NLRB to form a union where they were assessing the interest of Minor League Players to unionize. With the MLB statement, the union will not need to go to a vote and can be recognized immediately. The language of such voluntary recognition is still to be drafted. MiLB has reported that they will allow the MLBPA to negotiate on their behalf. The next CBA to be negotiated will be the 2023 season. Scott Frost has been terminated as head coach of Nebraska. (18:45) Frost's buyout clause provides him with $15 million. Frost's clause was set to renew on October 1, 2022, which would have only given him $7.5 million for a buyout. Why couldn't Nebraska wait a few more weeks? Josh Gerben (@JoshGerben) joins to discuss Luka Dončić's trademark battle against his mother. (24:09) Luka's mother trademarked a dozen trademarks in Luka's name in Europe and the US. Luka filed for his own trademark, and it was denied because of his mother's trademarks. However, Luka's mother will not transfer the rights to Luka and his company. Luka has now filed for a petition of cancellation of his mother's trademarks. One of the claims in the cancellation petition is that his mother is not actually using the goods. Luka also revoked the consent he originally provided his mother to file the trademarks with his name in them. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
John Roberti, one of the founders of Our Curious Amalgam and a longtime leader in the ABA Antitrust Law Section, just wrapped up his term as co-chair of the committee that produces our weekly podcasts. Looking back, what does John think about the evolution of OCA and what does he hope will be his legacy? To find out, Christina Ma and Alicia Downey interviewed John for a special farewell episode. Listen to this episode for stories about the early days of OCA and John's unique take on what it means to be from Delco. With special guests: John Roberti, Partner, Cohen & Gresser LLP Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC
Welcome to the intersection of Sports and the Law. Dan Lust is joined this week by Mike Lawson to give you the latest in Sports Law. Robert Sarver has been suspended for one year and fined $10 million. (2:53) The law firm of Wachtell, Lipton, Rosen & Katz started investigating last November the allegations of racism and misogyny within the Phoenix Suns organization. The report found that Sarver engaged in conduct that clearly violated common workplace standards, as reflected in team and League rules and policies. Sarver is prohibited from all basketball activities and operations for both the Suns and Mercury teams. MLB through a statement of Commissioner Manfred will voluntarily recognize MiLB as a union. (13:30) MiLB has begun the card process required by NLRB to form a union where they were assessing the interest of Minor League Players to unionize. With the MLB statement, the union will not need to go to a vote and can be recognized immediately. The language of such voluntary recognition is still to be drafted. MiLB has reported that they will allow the MLBPA to negotiate on their behalf. The next CBA to be negotiated will be the 2023 season. Scott Frost has been terminated as head coach of Nebraska. (18:45) Frost's buyout clause provides him with $15 million. Frost's clause was set to renew on October 1, 2022, which would have only given him $7.5 million for a buyout. Why couldn't Nebraska wait a few more weeks? Josh Gerben (@JoshGerben) joins to discuss Luka Dončić's trademark battle against his mother. (24:09) Luka's mother trademarked a dozen trademarks in Luka's name in Europe and the US. Luka filed for his own trademark, and it was denied because of his mother's trademarks. However, Luka's mother will not transfer the rights to Luka and his company. Luka has now filed for a petition of cancellation of his mother's trademarks. One of the claims in the cancellation petition is that his mother is not actually using the goods. Luka also revoked the consent he originally provided his mother to file the trademarks with his name in them. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
In a time of increased uncertainty surrounding antitrust issues, Section 8 of the Clayton Act and private equity firms have recently become two topics of interest. What are the implications of recent comments from enforcers on these issues? Ken Schwartz, antitrust partner at Skadden, joins Christina Ma and Jaclyn Phillips to discuss the current landscape around Section 8 as an enforcement tool and private equity transactions. Listen to this episode to hear more about what changes we may (or may not) see going forward. With special guest: Kenneth B. Schwartz, Partner, Skadden Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, White & Case LLP
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
Twitter has hired a top law firm in its legal battle against Elon Musk for pulling out of his $44 billion deal to acquire the company. The social media giant is planning to file a lawsuit against Musk this week, and has brought on Wachtell, Lipton, Rosen & Katz to take on the Tesla boss. The firm is one of the leading litigation practices in Delaware, where the case will be tried. Wedbush Securities managing director and a former Wall Street tech analyst Daniel Ives spoke to Susie Ferguson.
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
Welcome back to another season of Beyond the Legal Lens. 2021 was an exciting year as the show was launched, and we had many people join us to talk about their careers! In this next season, I'll be focusing on the legal community and meeting with guests that provide great advice for furthering your professional development. On that note, I am thrilled to invite Stephanie Lee as Season Two's First guest. Stephanie and I have a long history since 2010 when I met her at Yale Law School's Fall Interview Program. Stephanie then became an Associate at our former law firm (Wachtell, Lipton, Rosen & Katz) and left to join a tech startup. She learned the business of getting a company off the ground and has taken on roles at ClassPass, PharmaPacks, and most recently, she is the Chief Operating Officer at Petlab. Join me in conversation with Stephanie as we discuss her trajectory from the legal side to the business side.
Justice Breyer will retire at the end of this SCOTUS term after nearly 28 years on the bench. How did Justice Breyer approach antitrust? Eric Citron, Partner at Goldstein & Russell and former clerk for Justices O'Connor and Kagan, joins Christina Ma and Jaclyn Phillips to talk about Justice Breyer's antitrust jurisprudence and what we might expect when a new Justice joins the Court. With special guest: Eric Citron, Partner, Goldstein & Russell Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, Associate, White & Case LLP
Big Tech is in the news as numerous federal and state lawsuits against “the big four” (aka GAFA), Microsoft and TikTok, are pending. But is more regulation needed? Luther Lowe of Yelp speaks with Melissa Maxman and Christina Ma to discuss the benefits of The American Innovation and Choice Online Act, S. 2992. Listen to this episode of Our Curious Amalgam to learn more about this bill and why proponents claim that comprehensive antitrust legislation is needed to restore competition and ensure small business owners have an opportunity to succeed. Hosted by: Melissa Maxman, Partner, Cohen & Gresser LLP, and Christina Ma, Wachtell, Lipton, Rosen & Katz
There has been a ton of antitrust litigation involving the NFL over the past 70 years. What have these cases been about, and what can they teach us about the doctrine and practice of antitrust more broadly? Stephen Ross, a Penn State law professor and an expert on sports antitrust law, joins Sergei Zaslavsky and Christina Ma to discuss the history of NFL (and other sport) antitrust litigation and the key lessons for antitrust practitioners. Listen to this episode to learn about the key antitrust concepts that sports litigation helped develop and sharpen, from intra-enterprise agreement doctrine to the application of the rule of reason. Related Links: American Needle v. National Football League Supreme Court Opinion Stephen Ross bio and publications Stephen Ross, The Single-Entity Doctrine of Antitrust as Applied to Sports Leagues Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers
Merger control in China will likely be reshaped when the relevant law is amended affecting both the agency and enforcement goals. But what are the most notable changes? Janet Hui, partner at JunHe's Hong Kong office and leading practitioner based in Beijing, speaks with Anora Wang and Christina Ma on the amendment to China's Anti-Monopoly Law, restructure of relevant agency and personnel, and new enforcement focused on tech. Listen to this episode to learn what happens behind the scenes of China's merger control. Related Links: 2021 - Highlights of Anti-monopoly Guidelines in Field of Active Pharmaceutical Ingredients - Janet Hui Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
As we reach the end of 2021, Our Curious Amalgam invites listeners to celebrate the new year by reflecting back on our second year of weekly podcasts focused on antitrust, consumer protection, and competition law around the world. Which episodes stood out from the pack? In this special program, five of our regular hosts offer highlights from their favorite episodes of the past year. Hear Christina Ma, Alicia Downey, Matthew Hall, Kayla Odom, Anora Wang, and Melissa Maxman talk about what made these episodes worth listening to for the first or second time. Related Links: The Best Episodes of 2021 (in order of appearance) #119 Is This Game Over? Competition Law Implications of the Super League #104 Have We Figured It Out? Online Privacy and Security in the “New Normal” of Video Conferencing #128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present & Prospective FRAND Litigation & Arbitration in China #134 What Does It All Mean? Wu, Khan, Kanter and Antitrust Reform #135 Is Equality a Value of Competition Law? A Conversation with Professor Eleanor Fox Hosted by:Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC Additional Hosts: Matthew Hall, McGuireWoods London LLP Kayla Odom, Freitas & Weinberg LLP Anora Wang, Davis Wright Tremaine LLP Melissa Maxman, Cohen & Gresser LLP
There is growing interest in regulating how data are used, including in China. But what exactly is China doing to regulate the use of data and how does it compare to other jurisdictions' efforts? Dr. Angela Zhang, Associate Professor at the University of Hong Kong and author of Chinese Antitrust Exceptionalism, joins Anora Wang and Christina Ma to discuss the recent changes to Chinese data regulation. Listen to this episode to learn more about how China is dealing with data privacy and what it means for companies and individuals. Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
Many lawyers, young and old, have considered a job as an in-house attorney. What is the allure? Steve Cernak, Partner at Bona Law and previously in-house counsel to General Motors, joins Christina Ma and John Roberti to discuss his career as an in-house attorney and what makes the in-house experience so different. Listen to this episode to learn more about what it's like on the inside. Related Links: Ben Heineman, The General Counsel As Lawyer-Stateman Steven Cernak, Review of Ben Heineman's "The Inside Counsel Revolution" Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz, and John Roberti, Allen & Overy
U.S. bank mergers are on the rise and so are claims that agencies “rubber stamp” merger applications and need stricter standards. But seen through the history of U.S. banking, does the existing merger review of bank mergers actually need reform? David Neill, Of Counsel at Wachtell, Lipton, Rosen & Katz and a leading bank merger practitioner, speaks with Anora Wang and Christina Ma on whether modernization is needed or not. Listen to this episode to learn about U.S. bank merger reviews. Related Links: Revising The Bank Merger Guidelines Part I, The Banking Law Journal (Jan. 2021) Revising The Bank Merger Guidelines Part II, The Banking Law Journal (Feb. 2021) Keep Politics Out of Bank Merger Antitrust Policy, Columbia Law School Blue Sky Blog (August 12, 2021) Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
Illumina's acquisition of GRAIL is the first deal caught by the European Commission's reinterpretation of its jurisdictional reach under the EU merger control laws. Why is it so controversial and what are the broader implications? Salomé Cisnal de Ugarte, partner at law firm King & Spalding in Brussels, joins Christina Ma and Matthew Hall to discuss the Commission's jurisdictional grab under Article 22 of the EU Merger Regulation, which other deals might be affected and the practical implications for dealmakers. Listen to this episode to learn more about this new uncertainty in merger control in the EU and how to identify and mitigate the risk. Related Links: European Commission Guidance on the application of Article 22 of the EU Merger Regulation to certain cases (March 2021) European Commission case page Illumina/GRAIL merger investigation European Commission case page Illumina/GRAIL interim measures Hosted by: Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP
Marcela Levy is a Partner at the law firm Mannheimer, Perez e Lyra, a proud working parent of twins, and a dear friend/workout buddy. She received her LL.B. from the Catholic University of Rio De Janeiro in 2008 and received her LL.M. in 2012 from Columbia University in New York City where she also met her husband. Our first encounter was in 2012 in a midtown conference room, when she was on secondment at the law firm of Wachtell, Lipton, Rosen & Katz. We talk about her journey starting with her keen awareness of how she wanted to raise a family, her transparency with her employer about fertility, and the lessons she learned balancing her career with the things she loves (family being one of them).
While it may seem that the current foment of change in the antitrust world is unprecedented, this is not the first time that antitrust has undergone a period of profound reexamination and change. What can we learn from previous shifts in antitrust doctrine? Jonathan Baker, law professor at American University and author of The Antitrust Paradigm: Restoring a Competitive Economy, joins Christina Ma and Sergei Zaslavsky to discuss the lessons from the past and what they mean for the current antitrust reform movement. Listen to this podcast for a historical perspective that clarifies the current antitrust debate by placing it in the context of decades-old trends and a political compromise dating back to the 1940s. Related Links: The Antitrust Paradigm: Restoring a Competitive Economy United States v. Microsoft DC Circuit en banc opinion Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz
The Biden Administration has made its picks for antitrust leadership, and they are all members of an intellectual movement to increase antitrust enforcement in big tech and beyond. What broader impacts will these appointments have and what are some of the challenges they will face? Bill Kovacic, Director of the Competition Law Center at George Washington University and the Former Chair of the FTC, joins Christina Ma and Melissa Maxman to discuss how the near decade-long debate about antitrust reform may play out in the new administration. Listen to this episode to learn more about what to expect for antitrust reform and enforcement going forward. Related Links: Epic Games, Inc. vs Apple, Inc. Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Melissa Maxman, Cohen & Gresser
“Right to repair” has been highlighted by the new administration and federal enforcers as a competition and consumer protection issue in the American economy. But what exactly does this term mean for consumers? Gay Gordon-Byrne, Executive Director of the Repair Association, a grassroot organization advocating for repair-friendly policies, speaks to Anora Wang and Christina Ma about her involvement, objectives, and predictions. Listen to this episode to learn about the still evolving “right to repair” issue. Related Links: Nixing the Fix: An FTC Report to Congress on Repair Restrictions (May 2021) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Anora Wang, Davis Wright Tremaine LLP
As Chinese courts and authorities take on active roles in resolving FRAND disputes, China has become a key jurisdiction for the consideration of FRAND issues globally. But how does the system work? Jing He, founding partner of GenLaw and a leading practitioner with decades of experience in intellectual property, antitrust, and complex litigation, speaks with Anora Wang and Christina Ma about FRAND litigation and arbitration in China. Listen to this episode to explore the frontier of global FRAND wars. Related Links: 1. He Jing, The Science of China's Frand Rate-Setting, CPI (March 2020) 2. Jing He, Annie Xue, Melissa Feng, Could (China-Based) Arbitration Save the FRAND Rate Setting Game?, CPI (March 2021) Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
Complex issues are at the intersection of antitrust and intellectual property laws, and licensing of standard essential patents (SEPs) under fair, reasonable, and non-discriminatory (FRAND) terms is a perfect example. Does the widely accepted FRAND framework work well or is it time to think about improvements? Prof. Jorge Contreras, law professor and recognized expert on antitrust and IP, speaks with Anora Wang and Christina Ma on the innovator-implementer dichotomy, remedies, and races to courthouses worldwide. Listen to this episode to learn about the most critical issues about FRAND. Related Links: 1. Contreras, Jorge L., Rationalizing U.S. Standardization Policy: A Proposal for Institutional Reform (April 19, 2021). Antitrust 35(2): 41-47 (Spring 2021), Available at SSRN 2. Contreras, Jorge L., Global Rate Setting: A Solution for Standard-Essential Patents? (September 23, 2018). 94 Washington Law Review 701 (2019), University of Utah College of Law Research Paper No. 284, Available at SSRN Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
FRAND issues can be complex and often require an understanding of several laws including antitrust and intellectual property. What would be the most important things to know on a fundamental level? Lisa Kimmel, a leading practitioner and expert on competition and IP, speaks with Anora Wang and Christina Ma on the nuts and bolts of the principles and applications of FRAND in industries, consideration under antitrust laws, and relevant development in the U.S. Listen to this episode to get a primer on FRAND. Related Links: Lisa Kimmel, The Patent Market Power Fallacy: Recalibrating Market Power and Standard-Essential Patents, The Licensing Journal, Vol. 41, No. 2. (February 2021), Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
A difficult merger control or antitrust case requires good external communications alongside the legal and economic work. But how is this done? Claire Harris, an experienced government relations and strategic communications adviser who has worked in Brussels and London, joins Christina Ma and Matthew Hall to discuss this important aspect of case management. Listen to this episode to learn more about preparing and presenting the public message around an investigation by the European Commission and other regulators. Related Links: EU Transparency Register "Swamp in the heart of Europe": The Economist 15 May 2021 Hosted by: Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP
Regulators and academics in the United States and beyond are increasingly focused on the interaction between data privacy and antitrust, both in mergers and challenges to the unilateral conduct of dominant digital firms. Professor Erika Douglas is a leading voice in the vanguard of thinkers considering the ways in which data privacy and antitrust laws interact with each other currently and how they should interact in the future. Join co-hosts Alicia Downey and Christina Ma for an in-depth exploration with Professor Douglas about the tensions and touchpoints between competition and data privacy. Listen to this episode to understand cutting edge issues of concern to global digital businesses and the consumers who engage with them. Related Links: Erika M. Douglas, The New Antitrust/Data Privacy Law Interface, 30 Yale L.J. Forum (Jan. 18, 2021) Hosted by: Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz
The Biden Administration has rebooted international cooperation in a range of spheres. Is the antitrust world the same? Meghan Rissmiller, partner at Freshfields in Washington, DC, joins Christina Ma and Matthew Hall to discuss regulatory cooperation in merger control and antitrust cases. Listen to this episode to learn more about current developments in this area, what the future holds and practice points. Related Links: EU US high-level trade and technology council and Joint Technology Competition Policy Dialogue Multilateral Pharmaceutical Merger Task Force Joint statement by the Competition and Markets Authority, Bundeskartellamt, and Australian Competition and Consumer Commission on merger control Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP
The Super League didn't last long but the post-game analysis continues. What are the competition law issues raised and do they remain relevant? Dwayne Bach, sports and esports law expert, joins Christina Ma and Matthew Hall to discuss the concerns and their wider relevance. Listen to this episode to learn more about the Super League, how competition law may apply to the proposal and its application to other sports. Related Links: Super League website The Super League and its related issues under EU Competition Law, Dwayne Bach (22 April 2021) Commercial Court of Madrid reference to European Court of Justice (11 May 2021) (in Spanish) Statement by UEFA, the English Football Association, the Premier League, the Royal Spanish Football Federation (RFEF), LaLiga, the Italian Football Federation (FIGC) and Lega Serie A in relation to the Super League (18 April 2021) EU General Court judgment in Case T-93/18, International Skating Union v Commission (16 December 2020) An Introduction To The ELF - Europe's New Professional American Football League, Ansgar Faßbender, Dwayne Bach (19 February 2021) Hosted by: Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP
By its name, a non-compete agreement restricts competition. But can non-competes be procompetitive or otherwise designed to minimize the competition concerns? Dr. Paul Wong, Economist and Director at National Economic Research Associates, Inc. (NERA), speaks with Anora Wang and Christina Ma about the interests and tradeoffs involved in a non-compete agreement and relevant enforcement and legal developments in this space, especially at the state level. Listen to this episode to get the economic story behind non-competes. Related Links: Paul Wong, Yun Ling, Emily Walden, Non-Compete Agreements: Might They be Procompetitive in Healthcare?, CPI (May 11, 2020) Comments of the Antitrust Law Section of the ABA in connection with the FTC workshop on "Non-competes in the workplace: Examining antitrust and consumer protection issues" (April 24, 2020) Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
Accepted norms and standards are increasingly being questioned in the antitrust world as calls for reform grow louder. Why is this groundswell of dissent from traditional doctrine occurring now, and what are the implications for the future of antitrust law? Stanford Law School Professor Doug Melamed joins Sergei Zaslavsky and Christina Ma to put the current debate over antitrust doctrine into context. Listen to this episode for an insightful perspective on populist and technocratic calls for reform, including the potential pitfalls of making drastic changes to antitrust doctrine and potential pathways for achieving change without undermining antitrust's core strengths. Related Links: Senator Klobuchar's Legislative Proposal (Competition and Antitrust Law Enforcement Reform Act) Doug Melamed, Antitrust Law and Its Critics Hosted by: Christina Ma, Wacthell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers
State UDAP laws are powerful tools for private plaintiffs and state Attorneys General to redress marketplace misconduct and abuse of consumers. But with the growing proliferation of lawsuits based on novel theories of what constitutes "unfair" trade practices, is it time to rein them in? In this episode co-hosts Alicia Downey and Christina Ma talk to Matt Sawchak, UDAP scholar, antitrust litigator, and former solicitor general for the state of North Carolina, about the ongoing debate over the scope of and remedies afforded by UDAP legislation. Listen to this episode to learn about the sources of tension between state UDAP statutes and U.S. antitrust law. Related Links: North Carolina Opera The Official Tourist Website for Prague Hosted by: Alicia Downey, Downey Law LLC and Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz
Chief Justice Leo Strine, Of Counsel in the Corporate Department of Wachtell, Lipton, Rosen & Katz, joins the Going Long podcast to discuss his views on the dichotomy of stakeholder capitalism and shareholder needs [00:01:35], varying global stances on ESG [00:12:32], the changing role of activist investors [00:19:06] and methods to improve corporate governance [00:37:31].