PODCAST

Sheppard Mullin's Nota Bene

Sheppard Mullin, with Michael P.A. Cohen

Explore how today’s international legal headlines will affect your global business on Nota Bene, a weekly podcast for the C-Suite by the Sheppard Mullin law firm. Join host, international competition partner Michael P.A. Cohen, as he and his expert guests explore how the law and trends intersect while providing insights and strategies for succeeding as a global business in this new world economic order. Tune in each week for conversations covering topics ranging from blockchain technology and the disappearing workforce, to navigating international trade wars, and the effects of the EU’s billion dollar competition fines on technology companies, and much more.

Nota Bene Episode 156: The Corporate Investor Movement Toward Environmental, Social, and Governmental Policies with Allison Troianos and Ariel Yehezkel (Winter Repeat)
Dec 15 2021
Nota Bene Episode 156: The Corporate Investor Movement Toward Environmental, Social, and Governmental Policies with Allison Troianos and Ariel Yehezkel (Winter Repeat)
This episode was originally published on December 2, 2020 as Episode 106. Company investors and consequently, corporate boards, are acknowledging the importance of implementing good environmental, social, and governmental (“ESG”) policies to help mitigate risk, attract quality leadership, and establish satisfied employees. In this episode, we’re exploring the benefits of implementing ESG’s for all corporate stakeholders. Joining Michael for this conversation are two guests, Allison Troianos and Ariel Yehezkel. Allison Wu Troianos is an associate in the Corporate Practice Group in the Sheppard Mullin New York office. Allison’s practice focuses on advising companies on a broad range of corporate transactional matters, including mergers and acquisitions, private equity transactions, venture capital financings and corporate governance. Ariel Yehezkel is a partner in the Sheppard Mullin New York office. He is the Practice Group Leader of the firm’s Corporate and Securities Practice Group. He concentrates his transactional practice on domestic and cross border mergers and acquisitions, leveraged buyouts, growth capital, minority investments, financing, joint ventures, equity arrangements, and general corporate matters. Subscribe on Apple Podcasts, Google Podcasts, Spotify or Stitcher to receive each new episode as soon as they're published. What We Discussed in This Episode: What are environmental, social, and governmental considerations and why are investors paying closer attention to them?How did ESGs develop over the years?Are there mandatory rules in the U.S. regarding ESG compliance?What steps is the European Commission taking to institute regulations around ESGs?Why are investors showing a preference towards companies with established corporate ESGs?How are private equity companies establishing criteria for investment funds based on ESGs?Is there a connection between improved financial performance and implementation of company ESGs?Why are ESGs a greater force for change than government regulation?How can companies start integrating ESG plans into their businesses?Is there tension between the planning and implementation of ESGs?How are professional service providers like law firms integrating ESGs in their own industry?How do ESGs appear in public companies? Resources Mentioned: 2020 Blackrock letter to CEOs
Nota Bene Episode 155: Big Data: A Practical Guide to Global Privacy Law with Liisa Thomas (Winter Repeat)
Dec 8 2021
Nota Bene Episode 155: Big Data: A Practical Guide to Global Privacy Law with Liisa Thomas (Winter Repeat)
This episode was originally published on September 8, 2021 as Episode 142. Companies are struggling to understand how to comply with rapidly changing and sometimes conflicting privacy obligations. For entities outside of the U.S. seeking to do business in the States, approaching and understanding the patchwork of state and federal privacy laws can be daunting, especially since U.S. privacy laws vary depending on the type of activities in which companies engage, the individuals from whom they gather or use information, and the industry in which the company operates. While there are some “general” privacy laws (notably in California and Virginia) those are the exception rather than the rule. Rather than think about legal requirements on a law-by-law basis, it can be helpful to group obligations by activity. In this episode, Liisa Thomas discusses ways to approach these requirements, and the support the recent treatise, Thomas on Big Data: A Practical Guide to Global Privacy Laws released by Thomson Reuters, provides for organizations.  She goes into detail about global privacy laws (including all 50 states across America), covering telemarketing, email marketing, wiretap and eavesdropping, biometric children's privacy, spyware and adware and online privacy.   Liisa Thomas obtained her undergraduate degree from Haverford College, and received her Juris Doctorate from University of Chicago. Liisa leads the privacy and cybersecurity team at Sheppard Mullin and practices in both the Chicago and London offices. She coordinates global policy in the area of privacy, and has taught at many universities including Northwestern University. Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify.  It helps other listeners find this show. What We Discussed in This Episode: Why did you publish your new book?What restrictions exist when collecting personal information and what notices need to be given?What type of choices should individuals be provided about how their information is used, and do those choices need to be affirmative (opt-in) or retroactive (opt-out)?How can companies use information -- can they send marketing emails or text messages?Why can’t we create singularity in laws moving forward? Resources Mentioned: Thomas on Big Data: A Practical Guide To Global Privacy Law Thomas on Data Breach Contact Information: Liisa Thomas Email LinkedIn Facebook Twitter
Nota Bene Episode 154: The International Race toward Green Hydrogen with GHC President Janice Lin and Tony Toranto (Winter Repeat)
Dec 1 2021
Nota Bene Episode 154: The International Race toward Green Hydrogen with GHC President Janice Lin and Tony Toranto (Winter Repeat)
This episode was originally published on September 22, 2021 as Episode 144. Green hydrogen is a new form of green energy, a clean and safe energy carrier that can be used as a fuel for electricity production and transportation. As with any new industry, there is much that is up in the air as far as its regulation, industrialization, and progress goes. Janice Lin and Tony Toranto pull from their robust knowledge of the green hydrogen industry as they cover the basics of what green hydrogen is, how it’s created as well as what its future looks like in America. Janice Lin is the Founder and President of the Green Hydrogen Coalition and the Founder and Chief Executive Officer of Strategen. Janice has over 25 years of strategy experience and has distinguished herself as a leading clean energy changemaker. Janice co-founded and for a decade served as Executive Director of the California Energy Storage Alliance, where she helped create the world’s most robust energy storage market. In 2019, Janice launched the Green Hydrogen Coalition, an educational non-profit dedicated to facilitating policies and practices to advance the production and use of green hydrogen in all sectors where it will accelerate the transition to a carbon free energy system. Tony Toranto is a partner in the Real Estate, Corporate and Finance Practice Groups in the firm's San Diego (Del Mar) and San Francisco offices. Tony is a nationally recognized finance and commercial lawyer with three areas of concentration: corporate, real estate and energy transactions. He is Team Leader of the firm's Energy, Infrastructure and Project Finance Team, who regularly advises clients on conventional and renewable projects, including some of the largest energy projects in the industry. Tony is on the Leadership Committee of the Green Hydrogen Coalition.  He possesses a dual J.D./M.B.A. degree and started his career as a client in private equity; he brings that commercial understanding to every deal. Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify.  It helps other listeners find this show. What We Discussed in This Episode: What is green hydrogen?What are some processes used to create green hydrogen?Are these methods considered a win for environmental integrity?What led you, Janice, to form the Green Hydrogen Coalition?What barriers in storing, processing, or converting hydrogen have you experienced since forming the GHC? Why isn’t the entire United States in a green hydrogen state currently?Are other nations moving through their governmental systems more quickly in creating a regulatory framework for green hydrogen? Do you think green hydrogen may displace other mobile fuels and their storage? Resources Mentioned: Green Hydrogen Coalition Contact Information: Janice Lin  Tony Toranto LinkedIn Facebook Twitter
Nota Bene Episode 84: Organizational Integrity in the Post-Pandemic Enforcement Environment with Jonathan Aronie and Joseph Jay (Winter Repeat)
Nov 24 2021
Nota Bene Episode 84: Organizational Integrity in the Post-Pandemic Enforcement Environment with Jonathan Aronie and Joseph Jay (Winter Repeat)
This episode was originally published on June 3rd, 2020  as Episode 84. The coronavirus pandemic has proven to be the most significant business crisis in global history.  What will it take for multinational companies to aptly respond to the crisis while managing potential future harm from the Paycheck Protection Program (PPP) audits and investigations? Michael is joined by two guests, Jonathan Aronie and Joe Jay, from Sheppard Mullin’s Organizational Integrity Group (OIG). Jonathan Aronie is a partner in the Washington, DC office of Sheppard Mullin, and the co-leader of the firm’s Government Contracts and Internal Investigations Practice Group. In 2013, Jonathan was appointed by the U.S. District Court for the Eastern District of Louisiana to serve as the Federal Monitor over the NOPD Consent Decree, the most comprehensive Consent Decree in the country. He is the author of From Bourbon Street To The Board Room: Eight Aids to Sustaining Reform.   Joe Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin’s Washington, D.C. office. Joseph’s practice encompasses a broad array white collar defense, corporate investigations, and international trade matters. His matters include defense of civil and criminal enforcement actions and investigations, compliance counseling and regulatory advice.  Subscribe on Apple Podcasts, Google Play or Stitcher to receive every new episode as soon as they're published! What We Discuss in This Episode: What is the Organizational Integrity Group (OIG) and how does it help businesses?How has the coronavirus pandemic allowed the OIG to focus on what really matters when it comes to businesses responding in real-time to harm?What types of PPP audits and investigations will likely stem from the current pandemic?How will any investigations go beyond merely auditing funds that were disbursed? What else should businesses think about when carrying on with business activities under the PPP?What is the Defense Protection Act (DPA) and how might it affect enforcement of PPP spending?What types of questions are OIG clients asking of their counsel?One of the OIG’s First Principles guides businesses facing a potential crisis to “slow down the scene.” What does that entail?What goals are OIG counsel trying to achieve in what they call the legal “pre-mortem” portion of assessing a company’s needs?How important is it to “vet” any partners that your company plans on working with? Resources:  "Using “Prospective Hindsight” To Identify And Mitigate Risks During A Crisis," Organizational Integrity Group Blog, May 26, 2020
The New Era of Government Trade and Market Control with Reid Whitten
Nov 17 2021
The New Era of Government Trade and Market Control with Reid Whitten
In the last episode of the season, we connect with Reid Whitten again to discuss the latest in trade and economic developments. He walks through the latest in the supply chain issues, from steel to AI and how these factors add to the growing uncertainty in the economy. Reid also discusses the differences in administration economic oversight between Trump, Biden and even the Greek rulers. He also wades into how China impacts all of the world, from regulation, production and competition. Reid Whitten is the Managing Partner of Sheppard Mullin’s London office, practicing in international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office. Reid works with clients around the world to plan, prepare and succeed in global transactions. Reid is an Adjunct Professor at the New College of the Humanities in London and at Wake Forest University in the U.S., where he teaches courses on the law of international business. He is also Leader of the Sheppard Mullin CFIUS Team, and is lead author and editor of The CFIUS Book. What We Discussed in This Episode: What caused the economic slowdown and price increases? Are large global supply chain players the reason we can’t get anything? How do the global players compete with the governments that are supposed to regulate them? What is the U.S. policy to manage the economy?  What is the latest in the tariff fight between U.S. and China? How does the American approach differ from the Chinese approach to managing the economy? What are the real issues that multinationals need to focus on? Resources Mentioned: Tim Maughan The CFIUS Book: Second Edition Contact Information: Reid Whitten
Benchmarking the Past Three Years of American Healthcare Consolidation with David Garcia
Nov 10 2021
Benchmarking the Past Three Years of American Healthcare Consolidation with David Garcia
We connect with David Garcia again to discuss the latest in healthcare and antitrust developments. Much has changed since his last visit three years ago and he walks us through some of those trends. He highlights how M&A transactions continue to rise and predicts what may finally put a halt on them. David discusses the race for innovation and how it has impacted the entire healthcare system in the states and globally. Finally, he discusses how states play a role in the regulation and the federal government’s role in the antitrust field.  Joining host Michael Cohen to share his deep insight on competition laws in the healthcare industry is David Garcia. David is a partner in Sheppard Mullin’s Century City office, a litigator with a broad background in complex civil litigation for major U.S. companies, including extensive class action and multidistrict litigation experience. His practice focuses principally on antitrust litigation and counseling with particular emphasis on the entertainment industry, healthcare litigation and mergers and the intersection between antitrust and intellectual property in litigation and joint ventures. What We Discussed in This Episode: Where are we when it comes to healthcare and antitrust status? How has healthcare M&A changed from three years ago? How has America benefited from the privatization of healthcare? What are the inequities at play in healthcare and what will it take to change that? How are states playing a part in the healthcare regulation system? What does it mean that the FTC pulled the vertical merger guidelines, but the DOJ did not? What’s unfair in violating an antitrust stature? Resources Mentioned: Nota Bene Episode 20: The Evolving Nature of the U.S. Healthcare Industry with David Garcia (Jan. 23, 2019) Contact Information: David Garcia bio
Building an AI Risk Management Framework with Siraj Husain
Nov 3 2021
Building an AI Risk Management Framework with Siraj Husain
We reconnect with Siraj Husain for the third time this year to hear the latest in artificial intelligence. He updates us on the National Institute of Standards and Technology and its effort to create an AI framework. Siraj discusses incidents of how AI has been used inappropriately and how it has gone wrong in the marketplace. He outlines why organizations need to do a better job about practicing responsible AI not just from an ethical perspective but also corporate. Finally, he discusses AI on a global scale and how other countries have adopted it. Siraj Husain is a partner in the Intellectual Property Group in Sheppard Mullin’s Palo Alto office. Siraj focuses his practice on intellectual property and patent strategy in various technical areas with an emphasis in software and artificial intelligence. With an undergraduate degree in computer science, and over a decade of legal experience representing computer technology companies, Siraj helps clients, large and small, build and manage valuable patent portfolios in the United States and abroad. What We Discussed in This Episode: What is the National Institute for Standards and Technology? How did NIST come about creating an AI risk management framework? What is NIST doing to build trust in AI? What does it mean that AI is brittle? How does embedded bias in AI influence the marketplace? What’s the timeline for the NIST process? How does the domestic and multinational world embrace this framework? What are other AI-capable countries doing about AI? Resources Mentioned: Nota Bene Episode 141: Artificial Intelligence Technologies: Past, Present, and Forward with Siraj Husain Nota Bene Episode 108: Artificial Intelligence: Landmark 2020 Developments and Rapid Business Adoption with Siraj Husain Sam Harris’ Making Sense podcast #116 – AI: Racing Toward the Brink Contact Information: Siraj Husain’s bio
U.S. Q4 Check In:  Infrastructure, Primaries and COVID with TwinLogic’s Elizabeth Frazee and Chani Wiggins
Oct 27 2021
U.S. Q4 Check In: Infrastructure, Primaries and COVID with TwinLogic’s Elizabeth Frazee and Chani Wiggins
We connect back with lobbyists Elizabeth Frazee and Chani Wiggins to discuss the latest with U.S. government spending and infrastructure bills in the fourth quarter. They walk us through the latest with filibuster reform and wonder if Congress can pass anything by end of November. They get into the American marketplace and address innovation, competition and antitrust policies. Finally, they discuss the latest with OSHA, vaccine rules and testing.  Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a “Top Lobbyist” by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist. Chani Wiggins has leveraged 16 years of federal government experience to assist clients with various policy interests in Congress and within the Administration. Since September 2010, Chani has represented clients with priorities in national security, telecommunications and technology, and energy policies. She also serves as a strategic advisor for the Government & Technology Services Coalition (GTSC), an organization of small and mid-sized company executives that develop and implement solutions for the federal homeland and national security sector. What We Discussed in This Episode: What has changed and what has stayed the same in the policy arena looking ahead to Q4? How will the moderates and progressives come together to reach an agreement?How is climate, health care and paid leave addressed in the bipartisan bill?Can Americans get back to a functioning system?What’s dangerous about picking winners and losers in the antitrust space?How do America’s competition laws differ from Europe and China?What is the latest with OSHA and vaccine laws? Contact Information: TwinLogic Strategies website -
Asia Q4 Checkin: Living with Covid, Supply Chain and China’s Crackdown on Its Free Market Experiments with Paul Kim
Oct 20 2021
Asia Q4 Checkin: Living with Covid, Supply Chain and China’s Crackdown on Its Free Market Experiments with Paul Kim
We regroup with Paul Kim for our fourth quarter check in to hear the latest on COVID across Asia and how the different countries have adjusted to living with the virus. Paul takes us through economic issues throughout Korea, Singapore, Japan, and highlights the cultural implications labor and the workforce have in different countries. We then turn to China and discuss the economic, regulatory and trade issues facing the country and its impact and influence around the world. Joining us for this conversation is Seoul, Korea-based attorney, Paul Kim. Paul graduated in Economics from the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University.  Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes. What We Discussed in This Episode: How has COVID-19 impacted the Asian economies and what is the future of “living with COVID?”What’s the state of the labor workforce in the Asian region?How does Squid Games mirror the workforce in Korea?How do the labor, management and government juggle the employment culture in the different Asian countries?What’s the latest on the global chip supply shortage?How does the U.S. differ from the Asian regions when it comes to labor and trade?How will the Chinese regulatory sector impact other industries?How does China’s economy influence decision-makers and foreign investors?How does foreign investment differ from foreign policy?Will the U.S. share leadership in world trade? Resources Mentioned: Stephanomics Bloomberg podcast Contact Information: Paul’s bio
Africa Q4 Check In: The Emergence of Africa's Competition Regimes and Public Interest Merger Conditions in South Africa with Primerio's Andreas Stargard
Oct 13 2021
Africa Q4 Check In: The Emergence of Africa's Competition Regimes and Public Interest Merger Conditions in South Africa with Primerio's Andreas Stargard
We catch up with our African expert Andreas Stargard of Primerio  on our fourth quarter geopolitical check in.  We learn the latest on the antitrust law in South Africa and how the public interest standard contributes to the marketplace, including updates on Kenya, COMESA and Competition Authority of Kenya, and recent anti-corruption efforts and the broader economic developments in the marketplace. A co-founding senior member of Primerio, a business advisory firm helping companies do business within Africa from a global perspective, Andreas Stargard is legal, strategic, and business advisor to companies and individuals across the globe. He focuses on antitrust and competition advice, white-collar counseling, contract dispute and negotiation, and resolution of global business disputes, including cartel work, corruption allegations and internal investigations, intellectual property, and distribution matters.  Andreas also advises clients on corporate compliance programs that conform to local as well as global government standards, and has handled key strategic merger-notification questions, including evaluation of filing requirements, avoidance strategies, cross-jurisdictional cooperation, and the like. What We Discussed in This Episode: What’s happened in Q3 and what’s on the horizon for Q4 for African businesses?What impact will the Burger King case decision have on the African antitrust markets and public interest regimes?How has the public interest standard been viewed in other countries?What’s the latest with Kenya and COMESA and what does it mean for broader economic development in the continent?What are recent anti-corruption efforts throughout the African markets and how do foreign investors affect that?What other unpredictable impacts has COVID-19 had on the global economy? Contact Information: Africa Antitrust & Competition News and Analysis blog  Primerio website Andreas’s bio
Tuna Sustainability: A Model Bigger than its Niche with ISSF President Susan Jackson
Sep 29 2021
Tuna Sustainability: A Model Bigger than its Niche with ISSF President Susan Jackson
Seafood sustainability is becoming increasingly important in the world of environmentalism. This week’s episode features an interview with International Seafood Sustainability Foundation’s president Susan Jackson. We discuss ISSF’s history, tuna sustainability, unique partnerships between industry, scientists and NGOs, transparency in the wake of cynicism and more. Susan Jackson is President of ISSF, a global partnership among scientists, tuna processors, and environmental nonprofits to undertake science-based initiatives for the long-term conservation and sustainable use of tuna stocks, reducing bycatch and promoting a healthy marine ecosystem.  Prior to joining ISSF, Jackson was the vice president for government/industry relations and seafood sourcing for Del Monte Foods, where her responsibilities included government relations at the federal, state, and local levels, and acting as Del Monte’s representative to trade and industry associations. Susan was also responsible for the purchase of all raw tuna and tuna co-pack manufacturing for Del Monte’s StarKist brand. Susan joined the H.J. Heinz Company in 1997 as an attorney in the law department, later working with the company’s seafood sourcing and other areas of procurement. What We Discussed in This Episode: What was the one tuna stock management failure that set ISSF in motion?What was unique for industry, scientists and NGOs to work together?How does transparency and auditing work in a multinational industry?What difficulties lay ahead for the seafood industry?What are the long-term challenges in regards to sustainability?How has ISSF become a model bigger than their niche? Resources Mentioned: Susan’s TedTalk Nota Bene Episode 4, Creating a Socially and Environmentally Conscious Supply Chain with Susan Jackson (9.26.2018) Contact Information: Susan Jackson bio
The International Race toward Green Hydrogen with GHC President Janice Lin and Tony Toranto
Sep 22 2021
The International Race toward Green Hydrogen with GHC President Janice Lin and Tony Toranto
Green hydrogen is a new form of green energy, a clean and safe energy carrier that can be used as a fuel for electricity production and transportation. As with any new industry, there is much that is up in the air as far as its regulation, industrialization, and progress goes. Janice Lin and Tony Toranto pull from their robust knowledge of the green hydrogen industry as they cover the basics of what green hydrogen is, how it’s created as well as what its future looks like in America. Janice Lin is the Founder and President of the Green Hydrogen Coalition and the Founder and Chief Executive Officer of Strategen. Janice has over 25 years of strategy experience and has distinguished herself as a leading clean energy changemaker. Janice co-founded and for a decade served as Executive Director of the California Energy Storage Alliance, where she helped create the world’s most robust energy storage market. In 2019, Janice launched the Green Hydrogen Coalition, an educational non-profit dedicated to facilitating policies and practices to advance the production and use of green hydrogen in all sectors where it will accelerate the transition to a carbon free energy system. Tony Toranto is a partner in the Real Estate, Corporate and Finance Practice Groups in the firm's San Diego (Del Mar) and San Francisco offices. Tony is a nationally recognized finance and commercial lawyer with three areas of concentration: corporate, real estate and energy transactions. He is Team Leader of the firm's Energy, Infrastructure and Project Finance Team, who regularly advises clients on conventional and renewable projects, including some of the largest energy projects in the industry. Tony is on the Leadership Committee of the Green Hydrogen Coalition.  He possesses a dual J.D./M.B.A. degree and started his career as a client in private equity; he brings that commercial understanding to every deal. What We Discussed in This Episode: What is green hydrogen? What are some processes used to create green hydrogen? Are these methods considered a win for environmental integrity? What led you, Janice, to form the Green Hydrogen Coalition? What barriers in storing, processing, or converting hydrogen have you experienced since forming the GHC?  Why isn’t the entire United States in a green hydrogen state currently? Are other nations moving through their governmental systems more quickly in creating a regulatory framework for green hydrogen?  Do you think green hydrogen may displace other mobile fuels and their storage? Resources Mentioned: Green Hydrogen Coalition:  Contact Information: Janice Lin  Tony Toranto
Revisiting the U.S. Congress Big Tech Antitrust Debate, with Bill Margeson
Sep 15 2021
Revisiting the U.S. Congress Big Tech Antitrust Debate, with Bill Margeson
As movement continues in the realm of U.S. antitrust legislation, many wonder when new legislation will be officially passed and how it will impact America and the Big Tech industry players. Bill Margeson discusses how this legislation has evolved under the Biden Administration and whether to expect any landmark changes in the near future.  Guest Bill Margeson is an associate in the Antitrust and Competition  Group in Sheppard Mullin’s Los Angeles office.  Bill has litigated antitrust, intellectual property, and other disputes in federal and state court and in the International Trade Commission under Section 337.  Bill also has criminal litigation experience, including in grand jury investigations related to price fixing and fraud.  Prior to law school, Bill worked in the public policy field. What We Discussed in This Episode: What has happened to the new antitrust legislation with the Biden Administration? How does it relate to the digital markets report that the Antitrust Subcommittee produced in 2020? What is the timeline for the Antitrust Subcommittee to move forward with this legislation? Who are the key congressional players in passing this antitrust legislation?  How is tech platform enforcement and litigation related to antitrust reform? In the policy arena, what special interest groups are we hearing from? How does the proposed U.S. antitrust legislation compare to European competition law and Chinese anti-monopoly law?  Resources Mentioned: Nota Bene Episode 116: Challenging the U.S. Big Tech Antitrust Debate Assumptions: A Deep Dive with Thomas Dillickrath and Bill Margeson, March 10, 2021 Contact Information: Bill’s bio Bill’s email
Big Data: A Practical Guide to Global Privacy Law with Liisa Thomas
Sep 8 2021
Big Data: A Practical Guide to Global Privacy Law with Liisa Thomas
Companies are struggling to understand how to comply with rapidly changing and sometimes conflicting privacy obligations. For entities outside of the U.S. seeking to do business in the States, approaching and understanding the patchwork of state and federal privacy laws can be daunting, especially since U.S. privacy laws vary depending on the type of activities in which companies engage, the individuals from whom they gather or use information, and the industry in which the company operates. While there are some “general” privacy laws (notably in California and Virginia) those are the exception rather than the rule.  Rather than think about legal requirements on a law-by-law basis, it can be helpful to group obligations by activity. In this episode, Liisa Thomas discusses ways to approach these requirements, and the support the recent treatise, Thomas on Big Data: A Practical Guide to Global Privacy Laws released by Thomson Reuters, provides for organizations.  She goes into detail about global privacy laws (including all 50 states across America), covering telemarketing, email marketing, wiretap and eavesdropping, biometric children's privacy, spyware and adware and online privacy.    Liisa Thomas obtained her undergraduate degree from Haverford College, and received her Juris Doctorate from University of Chicago. Liisa leads the privacy and cybersecurity team at Sheppard Mullin and practices in both the Chicago and London offices. She coordinates global policy in the area of privacy, and has taught at many universities including Northwestern University.  What We Discussed in This Episode: Why did you publish your new book?What restrictions exist when collecting personal information and what notices need to be given? What type of choices should individuals be provided about how their information is used, and do those choices need to be affirmative (opt-in) or retroactive (opt-out)? How can companies use information -- can they send marketing emails or text messages?Why can’t we create singularity in laws moving forward? Resources Mentioned: Thomas on Big Data: A Practical Guide To Global Privacy Law Thomas on Data Breach Contact Information: Liisa Thomas Email
Artificial Intelligence Technologies: Past, Present, and Forward with Siraj Husain
Sep 1 2021
Artificial Intelligence Technologies: Past, Present, and Forward with Siraj Husain
Artificial intelligence is growing rapidly and exponentially. As technology advances, there are many new concerns legally, ethically and socially. Many wonder how patent offices will handle new AI generating inventions, or even how AI lethal weapons will be regulated. As countries are trying to catch up legally to the latest AI technology, the European Union is taking the lead with a new risk-based approach to regulating AI technology. Joining me is Siraj Husain, who gives great perspective into the world of artificial intelligence with his expert insight. Siraj Husain is a partner in the Intellectual Property Group of Sheppard Mullin’s Palo Alto office.  He graduated from University of California Riverside with an undergraduate degree in computer science. He obtained his law degree from Loyola Law School, where he wrote for their law review. Siraj advises on IP strategies with a focus on artificial intelligence. He has specialized experience in many fields such as machine learning, deep learning, cloud computing technology, cryptography, and many computer hardware and software technologies. Siraj has also served as board member and pro bono committee co-chair for The South Asian Bar Association of Northern California.  What We Discussed in This Episode: What technological improvements have you seen in 2021 so far?Can U.S. technology keep up with other countries?What’s next for language models?What’s new in the world of electroproperty?How do Patent Offices distinguish between AI generating an invention versus creating it?How do you think this new technology may pressure intellectual property and law? What do you think China will do with AI that creates inventions? Where have you seen enforcement of AI occurring already?What do you think about the weaponizing of AI? Resources Nota Bene Ep. 108, “Artificial Intelligence: Landmark 2020 Developments and Rapid Business Adoption with Siraj Husain”  Contact Information: Siraj’s attorney profile Email LinkedIn
Navigating Troubled Company Acquisitions in the Wake of COVID-19 with Ori Katz (Summer Repeat)
Aug 25 2021
Navigating Troubled Company Acquisitions in the Wake of COVID-19 with Ori Katz (Summer Repeat)
This episode was originally published on June 29, 2021 as Episode 132.  The beginning of 2021 saw a decline in business bankruptcy filings, in contrast to the corona virus-related surge in filings witnessed in 2020. Will this trend continue? Or will bankruptcy filings pick up as more businesses struggle to recover from the effects of the pandemic? Joining me to explore the 2021 bankruptcy trends in the business world is bankruptcy attorney and expert Ori Katz. Ori shares his insight on the intricacies of business bankruptcies and the popular 363 bankruptcy sales. Ori Katz is a partner and Practice Group Leader of the Finance and Bankruptcy Practice Group in Sheppard Mullin’s San Francisco office. Ori specializes in business bankruptcies and other aspects of insolvency law. He has represented debtors, individual creditors, creditors' committees, parties purchasing assets out of bankruptcy and parties involved in bankruptcy litigation. He has successfully reorganized companies in a wide range of industries, including real estate, retail, construction, biotech, telecommunications, media and the internet. He has also represented lenders in connection with receiverships, loan workouts, restructurings, foreclosures and borrower bankruptcies, and acted as receivership counsel in connection with various appointments. Ori is a frequent speaker on matters relating to bankruptcy and insolvency law. What We Discussed in this Episode: What are some of the high-level trends in business bankruptcy filings?Which industries were greatly affected by the pandemic?Will there be a “new normal” for businesses coming out of the pandemic?A brief overview of the U.S. bankruptcy systemWhat is involved in a Chapter 7 bankruptcy filing? What about a Chapter 11?Is there a litmus test that must be met prior to filing for bankruptcy?What is a 363 bankruptcy sale and what is the process for this type of proceeding?What is a “stalking horse bid” and how is it used in bankruptcy proceedings?Is the stigma surrounding bankruptcies, specifically 363 sales, disappearing?Is there an advantage to being a stalking horse bidder? Resource:  Ori's article on the same topic  Contact Information: Ori’s Sheppard Mullin attorney profile  Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify.  It helps other listeners find this show. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  Sheppard Mullin website This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
What are NFT's and Are They Here to Stay? with James Gatto (Summer Repeat)
Aug 18 2021
What are NFT's and Are They Here to Stay? with James Gatto (Summer Repeat)
This episode was originally published on May 11, 2021 as Episode 125.  When the artist Beeple recently sold a digital work of art for $69 million, it caught the world’s attention especially because that one-of-a-kind digital art was a non-fungible token (NFT). In this episode, we’re taking a look at this emerging blockchain technology and exploring how NFTs are transforming digital artwork. We’re also discussing the legal ramifications of this new type of ownership. Joining me for this conversation is Jim Gatto. Jim is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Washington, D.C. office. He is also Team Leader of the firm's Blockchain Technology and Digital Assets team, and its Social Media and Games industry team. He also is Team Leader of the firm's Open Source team. What We Discussed in This Episode: What are non-fungible tokens?What makes a token “non-fungible”?Given the ease of duplication, what makes NFT’s so valuable?How might the use of NFT’s benefit performance artists?Will NFT’s ever become simple enough for everyday people to utilize them?After someone creates an NFT, where are some of the online marketplaces they can list and market it on?Are private investors moving into this space?How can NFTs be used with physical objects?What are the legal implications of creating and/or buying NFTs? Contact Information: Jim’s Sheppard Mullin attorney profile Email: jgatto@sheppardmullin.com Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify.  It helps other listeners find this show. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  Sheppard Mullin website This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
Artificial Intelligence: Landmark Developments and Rapid Business Adoption with Siraj Husain (Summer Repeat)
Aug 11 2021
Artificial Intelligence: Landmark Developments and Rapid Business Adoption with Siraj Husain (Summer Repeat)
This episode was originally published on January 12, 2021 as Episode 108.  Artificial intelligence (AI) is making a significant impact on how businesses utilize technology and is further the object of a currently estimated $13 Trillion economic arms race between the world’s leading economies from Asia to Europe and North America. Developments in 2020 have been nothing short of revolutionary, breaking through where human achievement has been wallowing for decades.  And AI is now in the realm of the multinational world, with major companies leading both innovation and adoption.  This episode features a conversation with Siraj Husain about the AI developments businesses need to know about from 2020, with a near term look ahead in 2021, focusing on the nature of business AI, its adoption and risks.. Siraj Husain is a partner in the Intellectual Property Practice Group in Sheppard Mullin’s Palo Alto office. Siraj focuses his practice on intellectual property and patent strategy in various technical areas with an emphasis in software and artificial intelligence. With an undergraduate degree in Computer Science, and over a decade of legal experience representing computer technology companies, Siraj helps clients, large and small, build and manage valuable patent portfolios in the United States and abroad. What we Discussed in This Episode: What is artificial intelligence and how is it being applied in the business world?What are the two main techniques that dominate the AI world?What are neural networks?What three major developments in technology occurred in 2020?Will advancements in AI ever be created by AI itself and not by humans?Is there bias in AI?What risks exists for businesses that are adopting AI? How can they mitigate against any associated risks?What new developments in AI can business leaders expect in 2021? Resources:  Siraj's article on the same topic Contact Information: Siraj's Sheppard Mullin attorney profile Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify.  It helps other listeners find this show. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  Sheppard Mullin website This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
Asia Q3 Check In: Vaccine Rollouts and China’s Capital Markets with Paul Kim [NB 137]
Aug 4 2021
Asia Q3 Check In: Vaccine Rollouts and China’s Capital Markets with Paul Kim [NB 137]
As Asia’s economies attempt to recover from the grip of COVID-19, they face added obstacles brought on by slow vaccine rollouts and new pandemic restrictions. We’re exploring the latest economic and regulatory developments in the Asia markets in Q3 including the impact of the new Delta variant of the virus, vaccinations, and China’s crackdown on ridesharing giant, Didi. Joining me for this conversation is Seoul, Korea-based attorney, Paul Kim. Paul graduated in Economics from the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University.  Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin’s Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes. What We Discussed in This Episode: What precautions are various Asian countries taking to address the Delta variant of the coronavirus?What is causing the slow vaccine rollouts in South Korea?Why have Environmental, Social, Governances (ESG) become more popular in South Korea lately?What type of public assistance is the government of South Korea offering individuals and businesses?What lessons can be learned from how companies responded to supply chain deficiencies during the pandemic?Which industries experienced economic growth during the pandemic?Has China gone to war, proverbially, against public markets? Contact Information: Email: pkim@sheppardmullin.com Paul’s Sheppard Mullin attorney profile Thank you for listening! Don’t forget to FOLLOW and/or SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify.  It helps other listeners find this show. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter  Sheppard Mullin website This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.