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In this episode, Ann OâBrien, a partner at Sheppard Mullin and head of the firmâs Criminal Antitrust and Cartels Team, joins us to discuss recent trends in international antitrust enforcement, including emerging cartel issues related to government procurement, artificial intelligence, and ESG.
What We Discussed in This Episode:
What is a cartel from the antitrust perspective?
How does the DOJ investigate cartels and what is the life cycle of a cartel investigation?
What cartel issues are emerging from government procurement programs, such as those related to the CHIPS Act and other government programs?
How can government contractors keep track of the fine line between cooperation and collusion?
What cartel issues are arising around artificial intelligence?
What cartel issues are emerging from the emphasis on environment, sustainability, and governance?
What are some significant developments in the areas of no-poach and non-compete agreements?
In the context of the volatile U.S. presidential election, where might antitrust enforcement be headed in the next four years?
About Ann OâBrien
Ann OâBrien is a partner in Sheppard Mullinâs Washington, D.C. office, where she serves as Co-Leader of the firm's Antitrust and Competition Practice Group and leads its Criminal Antitrust and Cartels Team. She focuses on advising clients facing criminal and civil government antitrust investigations or litigation.
Ann has extensive knowledge of antitrust enforcement practices and policy decisions, gained from her time as a federal prosecutor and manager at the U.S. Department of Justice in the Antitrust Division and as a Special Assistant United States Attorney in the District of Maryland. During her 20-year tenure with the DOJ, Ann was involved in virtually every major criminal enforcement and policy decision made by the Antitrust Division and led every aspect of domestic and international antitrust and white-collar investigations and prosecutions, including litigating federal criminal jury trials. She now leverages her experience to provide valuable insider insight on antitrust agency priorities, goals, and policies to strategically guide companies and individuals facing international, domestic and multi-agency antitrust and competition exposure. She also provides clients with cutting-edge compliance counseling and training to help deter or quickly detect antitrust exposure, informed by what is most important to the DOJ, FTC, and the courts.
An established thought leader in the antitrust community, Ann also regularly speaks and writes onâŻa broad range of antitrust topics, including serving as co-editor of Competition Policy Internationalâs Cartel column and editing the ABAâs Antitrust Cartel Leniency and Sentencing Handbook. She has alsoâŻtrained hundreds of antitrust prosecutors and law enforcement agents and served as a liaison to other DOJ components and government agencies.
About Scott Maberry
An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.
Scottâs practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Ann OâBrien
J. Scott Maberry
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, Lisa Mays, an international trade attorney with Sheppard Mullin and leader of the firmâs Supply Chain Industry Team, joins host Scott Maberry to discuss the state of the global supply chain, including the impact of the war in Russia, and the intensifying trade war with China.
What We Discussed in This Episode:
Most trade lawyers are on the East coast. What benefits do you bring to your clients being in California?
What roles do the different government agencies play in enforcement, and why is recent inter-agency enforcement cooperation so significant?
What is the compliance obligation regarding âdiversionâ of goods by suppliers, distributors, sales agents, and customers?
How are U.S. trade wars playing out in the global supply chain?
What specific supply chain issues are created by the war in Ukraine?
What recent actions has the U.S. taken as the trade war with China intensifies?
How is international trade law impacting the way the solar industry operates?
Why has it become critical for companies to trace their supply chains for forced labor?
Will supply chain regulation continue to be a priority for the remainder of President Bidenâs current term?
About Lisa Mays
An international trade lawyer based in Sheppard Mullinâs Orange County office, Lisa Mays leads the firmâs Supply Chain Industry Team and is a leading member of the Transportation Industry Team.
Lisaâs practice focuses on compliance counseling and investigations in the areas of export controls, economic sanctions, anti-corruption, and customs and import regulations. She regularly advises semiconductor manufacturers, automakers, airlines, aerospace and defense firms, importers, and exporters on sanctions; export controls, including the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR); trade agreements; the Foreign Corrupt Practices Act (FCPA); Customs and imports; antidumping and countervailing duties (AD/CVD); the False Claims Act; Committee on Foreign Investment in the United States (CFIUS); anti-boycott controls; cybersecurity issues; and anti-money laundering (AML) matters.
Lisa also represents clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Office of the U.S. Trade Representative (USTR), the Department of Commerce Bureau of Industry & Security (BIS), the Department of State Directorate of Defense Trade Controls (DDTC), the Department of Justice (DOJ), the International Trade Commission (ITC), U.S. Customs and Border Protection (CBP), and CFIUS.
About Scott Maberry
An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.
Scottâs practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Lisa Mays
Scott Maberry
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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Fehlende Folgen?
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In this episode, Reid Whitten, Managing Partner of Sheppard Mullinâs London office, joins host Scott Maberry to discuss the state of the semiconductor industry, including the U.S. regulatory approach and the lessons it holds for other industries centered on advanced technologies.
Why is there so much focus on the semiconductor industry?
Whatâs new and different about the U.S. regulatory approach?
What other industries could be candidates for similar regulation?
If a business unit has an NSC licensing exemption, what should it do now to gain a strategic advantage in the future?
What does the recent enhancement of the Foreign Direct Product Rule do?
What are the implications of the U.S. Person Activity regulation?
Can you explain the concept of âtechnological containment?â
What is the state of U.S. technological containment of China?
Whatâs the big takeaway for the semiconductor industry?
Whatâs the message for every other industry?
About Reid WhittenManaging Partner of Sheppard Mullinâs London office and leader of the firmâs CFIUS Team, Reid Whittenâs practice centers on international trade regulations and investigations.
Reid is a member of Chatham House, the UK's Royal Institute of International Affair, as well as an adjunct lecturer at the New College of the Humanities in London, at the Université Catholique de Lille in France and at Wake Forest University in the U.S, He also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.
A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers and trade publications. He is also the lead author and editor of The CFIUS Book.
About Scott Maberry
An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.
Scottâs practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Reid Whitten
Scott Maberry
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, Harper Batts, partner in Sheppard Mullin Silicon Valleyâs Intellectual Property Group and co-leader of its Semiconductor Industry Team, joins host Scott Maberry to discuss the different forums for patent lawsuits, the complex nature of resolving semiconductor patent disputes, the timing to resolve the lawsuits and more.
What We Discussed in This Episode:
What are the different venues to resolve patent disputes?
What sort of timing is associated with the different forums?
Why has there been an uptick in filing lawsuits in international venues?
Besides money, what sort of damages or relief can parties get?
What is the benefit of showing competitive harm?
How do you best litigate these complex matters in front of a jury?
About Harper Batts
Harper Batts is a partner in the Intellectual Property Practice Group located in the firm's Silicon Valley office. He is also the leader of Sheppard Mullinâs Post Grant Proceedings (PTAB) Group and Semiconductor Industry Team.
Harper has almost two decades of experience as an intellectual property litigator and client counselor. Harper has obtained institution on more than 90% of the IPRs he has filed â a number unmatched across the country. Numerous Fortune 500 clients have relied upon his experience to represent them in highly contentious patent disputes in venues across the country. He has been selected multiple times as a Top IP Attorney in California by the Daily Journal (including this year), and IAM Patent 1000 noted that Harper âperforms adroitly in post-grant proceedings on both the patent owner and petitioner sides.â In 2022 and 2023, he obtained institution of numerous petitions for inter partes review, obtained numerous final written decisions finding all claims unpatentable, and obtained an exceptional case finding and an award of attorneyâs fees in the Central District of California in 2020.
He focuses on immediately determining the most relevant and effective pressure points against an adversary to quickly resolve a dispute with minimal disruption and cost to a client.
Harper is one of the leading attorneys for handling complex PTAB challenges across a variety of technologies. Harper has represented patent challengers and patent owners in more than 80 CBM and IPR proceedings. He has extensive experience in cases before the Patent Trial and Appeal Board as well as related appeals.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Harper Batts
Scott Maberry
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, Michael Zhang, managing partner of Sheppard Mullin's Shanghai office, and Reid Whitten, managing partner of the firm's London office, join host Scott Maberry to discuss a new law that, for the first time, will prevent some U.S. investments in China.
What We Discussed in This Episode:
Why would the United States impose a new trade restriction on its third-largest trading partner?
What sectors will be affected?
When do the prohibitions come into effect?
What investors will the investment restrictions apply to?
How does the outbound investment restriction fit into overall U.S. China policy?
How is this policy viewed from the Chinese business perspective?
What reaction should we expect from the Chinese government?
About Michael Zhang
Michael Zhang is a lawyer and the managing partner of Sheppard Mullin's Shanghai office. He has a deep understanding of China's legal system and business practices, as well as broad experience in corporate transactions, corporate restructuring, antitrust law, intellectual property, cybersecurity, and personal information protection law in China.
Throughout his career, Michael has represented many U.S. and European clients making investments in China and Asia, including mergers and acquisitions, joint ventures, and debt restructurings. He has helped invest in and create business in the internet technology, life sciences, healthcare, automotive, logistics, material hi-tech, telecommunication and software sectors.
His extensive knowledge of international business transactions has allowed Michael to represent leading Chinese companies in their outbound equity and asset transactions outside Mainland China, specifically in life science and healthcare, e-commerce and green technology. Drawing on his rich knowledge of antitrust laws in China and other East Asian countries, Michael also counsels U.S. and international clients, as well as Chinese local companies, on international and PRC antitrust issues with respect to pre-merger control, price fixing and monopolistic agreement issues.
About Reid Whitten
As Managing Partner of Sheppard Mullinâs London office and leader of the firmâs CFIUS Team, Reid Whittenâs practice centers on international trade regulations and investigations. He works with clients around the world to plan, prepare, and succeed in global transactions. He focuses on his clientsâ cross-border investments, particularly in the technology and aerospace sectors, helping clients navigate the international trade regulations that could disrupt their deals.
Reid is a member of Chatham House, the UK's Royal Institute of International Affair. In addition to lecturing at the New College of the Humanities in London, at the Université Catholique de Lille in France, and Wake Forest University in the U.S, he also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.
A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers, and trade publications. He is also the lead author and editor of The CFIUS Book.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Michael Zhang
Reid Whitten
Scott Maberry
Resources
Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern
Treasury Department Advanced Notice of Proposed Rulemaking
Previous episodes featuring Reid Whitten:
https://www.sheppardmullin.com/notabene-447
https://www.sheppardmullin.com/notabene-356
https://www.sheppardmullin.com/notabene-278
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, Dr. Thomas Franklin and Dr. Marina Nikhinson of the Mindwork Group join host Scott Maberry to explore what the best companies in the world are doing to promote the mental health and well-being of their people.
What We Discussed in This Episode
What does a mentally healthy organization look like?
What do great organizations do to support the mental health and well-being of their people?
Why is it sometimes difficult to access high-quality mental health care?
What about business executives and law partners? They sometimes need help too. What is a typical psychological profile of people with leadership roles in large organizations?
What mental health needs do these individuals typically have?
What is burnout? What are really good organizations doing to combat this issue?
About Thomas Franklin, M.D.
A national leader in psychiatry and psychoanalysis, Dr. Thomas Franklin served as Medical Director of the Retreat at Sheppard Pratt, the premiere program of the prestigious Sheppard Pratt Hospital. He was appointed a member of the American College of Psychiatrists and the Group for the Advancement of Psychiatry.
Dr. Franklin is board-certified in psychiatry and addiction medicine and is a graduate of the Washington Psychoanalytic Institute and the Johns Hopkins Carey School of Business. In addition to serving as a faculty member of the University of Maryland School of Medicine faculty, he also serves as a discussion group leader for the American Psychoanalytic Association.
Dr. Franklin is a co-founder of Mindwork Group, where he is President and Chief Executive Officer of MindWork Group. He has extensive experience treating professionals, executives, business owners, political leaders, and their families. He has been extensively quoted in the areas of substance use disorders, personality disorders, and mental health policy.
Marina Nikhinson
Dr. Marina Nikhinson is a board-certified psychiatrist with advanced training in psychodynamic psychotherapy, mentalization-based therapy, dialectical behavior therapy, and the treatment of mood and personality disorders. She is a master-trainer in the general psychiatric management of borderline personality disorder. In her role as attending psychiatrist at the Retreat at Sheppard Pratt, Dr. Nikhinson became a recognized leader in the treatment of people with complex psychiatric, psychological, and substance use disorders.
She is a graduate of the Washington-Baltimore Center for Psychoanalysis. A faculty member at the University of Maryland School of Medicine, she is also a Fellow of the American Psychiatric Association.
Dr. Nikhinson is a co-founder of the MindWork Group, serving as its Executive Vice President and Chief Operating Officer. In her distinguished career, she has cared for an international cadre of patients, including business owners, political leaders, and executives of Fortune 100 companies.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Dr. Thomas Franklin
Dr. Marina Nikhinson
J. Scott Maberry
Resources
MindWork Group
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, we speak with Lisa Fine of Pearson PLC, and co-host of the Great Women in Compliance podcast. We discuss how companies can maintain vibrant compliance programs in an increasingly complex world.
What We Discussed in This Episode:
How do the best companies assess business risk and legal risk together?
How does a deep understanding of the organizationâs culture help in creating the compliance program?
How do compliance professionals stand their ground even while empathizing with the business?
What are the pros and cons of using outside counsel for compliance investigations?
How can outside attorneys add value and help with business strategy?
How do you ensure compliance training programs are effective?
How do you empower ethical decision-making in an organization?
What are some takeaways from your book, âSending the Elevator Back Down: What Weâve Learned From Great Women in Complianceâ?
What should we all be doing to help others in our professional communities?
About Lisa Fine
Lisa Fine is a compliance leader with extensive experience in compliance strategy, including risk management and mitigation, internal investigations, and implementing and growing compliance programs. As Global Head of Investigations and Fraud for Pearson, the worldâs leading learning company, she is involved in all aspects of the ethics and compliance program, including developing policies, risk assessment training, communications, and due diligence.
In addition to co-hosting the âGreat Women in Complianceâ podcast, where women compliance practitioners are interviewed and discuss their experiences, advice and substantive expertise, Lisa also co-authored âSending the Elevator Back Down: What Weâve Learned From Great Women in Compliance.â She has spoken at conferences in the United States and Europe and regularly consults with and mentors other women in the field of compliance and those starting their careers
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Lisa Fine
J. Scott Maberry
Resources:
Great Women in Compliance
Sending the Elevator Back Down: What Weâve Learned From Great Women in Compliance.
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, Sheppard Mullin attorneys Melissa Eaves and Ray Marshall join host Scott Maberry to explore how the best companies in the world are navigating between directly conflicting regulatory guidance on Environmental, Social and Governance initiatives.
What We Discuss in this Episode:
What is the SEC doing regarding Environmental, Social and Governance (ESG) investing right now?
What are state legislatures and Attorneys General doing?
How do these enforcement contradict each other, and what should companies do?
What should companies be doing to reduce the potential for ESG-related enforcement actions?
How does "greenwashing" open the door to civil litigation?
What steps should companies and investors take to mitigate risk in this complicated environment?
About Ray Marshall
Ray Marshall is Of Counsel in the Governmental Practice in Sheppard Mullenâs San Francisco office, where his practice focuses on White Collar and Investigations, Fiduciary Duties, and Environmental, Social & Governance issues.
Ray represents clients in both complex business litigation and white-collar defense. He has conducted a wide array of internal investigations and company inquiries, including cases alleging insider trading, stock options backdating, securities fraud, accounting irregularities, antitrust violations, public corruption, FCPA and other corporate and individual wrongdoing. He has represented clients in civil, criminal and administrative proceedings brought by governmental authorities, including the Department of Justice and the offices of various U.S. Attorneys, State Attorneys General and District Attorneys.
In addition to serving on Sen. Dianne Feinsteinâs Judicial Advisory Committee for the Northern District of California, Raymond also serves as an adviser to the American Law Institute on the Model Penal Code Sentencing Project. He is past-President of the ABA Retirement Fund Board of Directors, a past member of the ABA Standing Committee on Federal Judiciary, and former president of both the State Bar of California and the Bar Association of San Francisco. In 2004 and 2007, he was appointed by Chief Justice Ronald M. George to chair the California Supreme Courtâs Advisory Task Force on Multijurisdictional Practice.
In addition to his professional affiliations, Ray is extremely active in community affairs, serving on the boards of the Giffords Law Center, the Equal Justice Society, the United Negro College Fund, and HomeBase/The Center for Common Concerns. In March 2009, he argued on behalf of five of the leading civil rights groups in the country (Asian Pacific American Legal Center, California State Conference of the NAACP, Equal Justice Society, Mexican American Legal Defense and Educational Fund, NAACP Legal Defense and Educational Fund) before the California Supreme Court, arguing that allowing Proposition 8 (a proposition which sought to outlaw gay marriage) to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.
About Melissa Eaves
Melissa Eaves is Special Counsel in the Governmental Practice in Sheppard Mullenâs Los Angeles office. Melissa currently focuses her practice on complex civil litigation, fraud, investigations white collar criminal defense and False Claims Act litigation. She has substantial experience in compliance investigations, fiduciary counseling, ESG, American with Disabilities Act, FTC, SEC and TVPRA/human trafficking litigation.
Melissa has successfully represented numerous individuals and entities in connection with a wide range of federal and state investigations and prosecutions. In civil litigation, she has successfully represented both clients in both state and federal court.
In addition to complex litigation and white collar defense work, Melissa handles internal investigations for companies. She is an experienced and skilled investigator, handling investigatory matters involving whistleblower claims, harassment and workplace misconduct, criminal misconduct, and healthcare fraud. She has also worked with governmental agencies such as the OIG, DOJ, FTC, SEC, and HHS in connection with such investigations.
Melissa was part of the team that recently won a complete defense victory in a human trafficking case, and she has also obtained complete defense verdicts in trials involving ADA claims. In addition, she has represented the California Insurance Commissioner in the Executive Life Insurance Company, First Capital and Mission Insurance Group insolvencies and reinsurance litigation, involving over 300 reinsurers worldwide, representing recoveries in excess of $1.3 billion. Melissa has substantial litigation experience in both state and federal courts, including the U.S. Supreme Court, enforcing judgments abroad and supervising of domestic and foreign outside counsel.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information:
Melissa Eaves
Raymond Marshall
J. Scott Maberry
Resources:
Goldman Sachs SEC Settlement (2022)
BNY SEC Settlement (2022)
Texas AG Letter
ISS Response
Glass Lewis Response
BlackRock Letter
Kentucky AG Opinion
Kentucky AG Letter
Washington DC AG Letter
ClientEarth Lawsuit Against Shell
BNP Paribas Case
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In this episode, Paul Kim, a partner in Sheppard Mullinâs Corporate and Securities Practice Group, joins host Scott Maberry to discuss recent developments in international policy and law impacting the U.S.-South Korea relationship, including the business significance of President Yoon Suk Yeol's state visit, the North Korean nuclear threat, and efforts to contain China.
What We Discussed in this Episode:
What message is Korea sending by bringing the largest Korean companies on the State visit to the United States?
What is the state of the North Korean nuclear threat and the allied response?
What are some other key aspects of the comprehensive strategic alliance between the U.S. and South Korea?
What are the allies doing to contain China from both a security and economic perspective?
Where does South Korea's relationship with Japan stand?
What's South Korea's position on the Russian invasion of Ukraine?
What discussions will the United States and Korea have regarding electric vehicles, semiconductors, and batteries?
What is the South Korean perspective on the CHIPs Act and Inflation Reduction Act?
What is the South Korean business climate right now?
What are the hottest issues for global companies doing business in South Korea and Asia?
The last time you were our guest in early 2020 (Episode 69), you made a very accurate prediction regarding a novel virus then circulating in China. Are there any other events you see on the horizon?
About Paul Kim
A partner in Sheppard Mullin's Corporate and Securities Practice Group, Paul Kim also serves as Office Managing Partner and representative, foreign legal consultant for the firm's Seoul office.
Paul's practice focuses on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes. He has more than 25 years of experience representing a diverse range of clients operating in numerous industries and in many countries, practicing in New York for over 20 years before relocating to Seoul. His clients include private equity funds and investment managers, industrial and manufacturing companies, pharmaceutical and biotech companies, and commercial banks and other financial institutions.
Paul has particularly broad experience representing Korean, European and U.S. clients in complex multi-jurisdictional transactions, restructurings and other matters, and has been recognized on multiple occasions by Chambers Global, Chambers Asia Pacific and Asian Legal Business.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information:
Paul Kim
J. Scott Maberry
Resources:
U.S. Legal Insights for Korean Businesses
Nota Bene Episode 69 (02.12.2020): Asia Check In: The Coronavirusâs Impact on Business, the Trilateral Summit, and Japanâs Criminal Justice System with Paul Kim
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
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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.
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In this episode, futurist Gerd Leonhard, founder of The Futures Agency, joins host Scott Maberry to discuss the future, including the role of futurism in corporate strategy, and how multinational companies should be planning for the âgood future.â
What We Discussed in This Episode:
What are the tools for futurism, and how do they apply to running a global business?
Why is it accurate to say âthe future is now?"
How did the Good Future Project come about? What is it?
What are some of the mindsets or impediments that prevent good insight into the future?
What can be done to reduce or mitigate the fear mindset?
What are the links between your first profession, music, and your current calling as a futurist?
What's the role of futurism in thinking about global trade, globalization, and the green revolution?
For large multinational companies, how should the C-suite be planning for the future we're going to experience?
About Gerd Leonhard
Gerd Leonhard is a globally recognized and top-rated futurist, humanist, author, film producer, and TV host. Pursuing the concept of "practical wisdom," he forgoes the all-too-common techno-optimism in favor of progressive humanism, balancing exponential technological progress with human needs. Gerd zeroes in on what the future holds for humanity and how we will create the future we want (rather than just the one we could have).
A musician by origin and a digital music entrepreneur in the 1990s, Gerd is the author of five books, including the bestseller The Future of Music and his latest work, Technology vs. Humanity, a ground-breaking exploration of the mega-shifts that will radically alter society, the economy, values, and even human biology. He is also considered one of the most remarkable and unique keynote speakers in the world today, having so far appeared - virtually and in-person - before a combined audience of over 2.5 million people in 50+ countries.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasuryâs Office of Foreign Assets Control (OFAC), the Department of Commerceâs Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information:
Gerd Leonhard
J. Scott Maberry
Resources:
The Good Future Project
Books by Gerd Leonhard
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, Andreas Stargard, a co-founding senior member of Primerio, joins host Scott Maberry to discuss recent international law and policy developments in Africa, including the competition for business on the continent, the anticipation of further AfCFTA integration, and the evolving antitrust enforcement environment.
What We Discussed In This Episode:
With the United States, China, and Russia in a race for business on the continent, how would you describe the big picture?
Where does the African Continental Free Trade Area (AfCFTA) stand, and what are its implications?
What's behind the recent meeting of African antitrust enforcers in Egypt?
How does increased cooperation among African antitrust enforcers redefine the way we do business in Africa?
What's the state of M&A approvals in African jurisdictions?
What's the state of anti-corruption enforcement in Africa?
What should we be watching in regards to digital markets and payments?
Given the fallout from the FTX implosion, do you anticipate greater regulation of the crypto-verse in Africa?
How might factors outside the sphere of traditional antitrust law impact Africa's enforcement regimes?
What should businesses be doing to prepare for an evolving enforcement environment in Africa?
About Andreas Stargard
Andreas Stargard is a co-founding senior member of Primerio, a boutique law firm focused on the African continent. With two decades of experience in antitrust and competition law and commercial litigation, he serves as a legal, strategic, and business advisor to companies and individuals across the globe. His focus areas include antitrust and competition advice, white-collar counseling, contract litigation and negotiation, and resolution of global business disputes, including cartel work. Andreas also advises clients on corporate compliance programs that conform to local and global governance standards, and he has handled key strategic merger-notification issues, including evaluation of filing requirements, avoidance strategies, and cross-jurisdictional cooperation.
Andreas writes and speaks extensively on business litigation, antitrust, and competition-law issues. He is also the Editor-in-Chief of AfricanAntitrust.com and AfricanAntifraud.com, leading online resources on African competition law and anti-corruption matters across the continent.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information:
Andreas Stargard
J. Scott Maberry
Resources:
AfricanAntitrust.com
AfricanAntifraud.com
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, Sheppard Mullin partner Oliver Heinisch joins host Scott Maberry to discuss international law and policy trends in Europe, including the race for green energy, greater protectionism, and the outlook for competition enforcement.
What We Discussed in This Episode:
What are some implications of new signs of protectionism between the EU and the United States, particularly in terms of the green energy transition?
How will green energy subsidies work under the new EU's Foreign Subsidies Regulation?
How does the EU expect to subsidize the green energy transition, and at the same time consider punishing subsidies by the United States under the Inflation Reduction Act?
How should companies be preparing for the EU Foreign Subsidies Regulation?
What are the emerging issues in competition enforcement in the United States and EU?
Where do you see Foreign Direct Investment Controls heading and how does that add to the complexity of doing business in Europe?
What's the Digital Markets Act process?
What is the General Data Protection Regulation (GDPR) and how is it being enforced?
About Oliver Heinisch
As a partner in the Antitrust & Competition Group practicing out of Sheppard Mullinâs London and Brussels offices, Oliver Heinisch advises on all areas of EU, UK and German competition law with a focus on international cartel and abuse of dominance procedures, including related antitrust litigation matters as well as merger control law. He also advises on the interface between intellectual property and competition law, mainly in the context of complaint cases, investigations of competition authorities and intellectual property litigation.
While most of Oliver's clients are technology, consumer electronics and life sciences companies, he also works with financial services, private equity, insurance, automotive, industrial, fashion and food clients. In addition to counseling clients on distribution agreements, parallel imports, IP licensing, R&D and cooperation arrangements, Oliver also assists companies working to comply with EU product regulations, particularly in the area of medical devices, pharmaceuticals and cosmetics. He also regularly provides clients with counsel regarding BREXIT and data protection and GDPR-related issues.
A qualified UK and German lawyer, Oliver maintains offices in both London and Brussels. He is ranked in the major legal directories and consistently recognized as an expert in the field.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Oliver Heinisch
Scott Maberry
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, Elizabeth Frazee, CEO and Co-founder of TwinLogic Strategies, and Chani Wiggins, Principal at TwinLogic, join host Scott Maberry to discuss what's likely on the horizon for the 118th Congress, including prospects for the debt limit and the potential for bipartisan action on a farm bill, tax extenders, and immigration reform.
What We Discussed in this Episode:
What are the biggest challenges and opportunities for global business coming out of the 117th Congress?
Does a divided Congress set the stage for gridlock?
Can you explain the connection between the budget, the debt limit, and the appropriations?
What can we expect from the U.S. House of Representatives in light of the new leadership and rules package?
What is the Sinema factor in the U.S. Senate?
In terms of immigration reform, what does business need to see fixed?
On taxation, is there bipartisan support for tax extenders?
What does the makeup of the current Congress mean for the farm bill?
How might the Republican-controlled House approach oversight?
What will oversight look like in the Democratic-controlled Senate?
What's the big takeaway for business in regard to the 118th Congress?
If you had a crystal ball, what would it tell us about the 2024 elections?
About Elizabeth Frazee
As Co-Founder and CEO of TwinLogic Strategies, Elizabeth Frazee is a 30-year veteran of Washington D.C. politics and was recently named a Top Lobbyist by The Hill. She worked for over a decade in senior positions on Capitol Hill, spent years as an executive, leading government relations for tech and entertainment companies, and since 2003 has consulted for companies, trade associations and nonprofits.
After working for her home state Senator from North Carolina, Elizabeth served as press secretary for the House Energy and Commerce Committee. An attorney, she completed her congressional service running the legislative office of Representative Bob Goodlatte.
Once in the private sector, Elizabeth was director of government relations at the Walt Disney Company. She joined AOL in the late 90s as vice president of public policy and ran its Congressional team. In 2003 she left AOL-Time Warner to build the private lobbying practice that became TwinLogic Strategies in 2009.
Elizabeth is an expert at managing issue campaigns and running industry coalitions. She delivers results for her clients by combining a thorough understanding of policy, communications, and politics with an impressive network of relationships.
About Chani Wiggins
As a Principal with TwinLogic Strategies, Chani Wiggins draws on 20 years of federal government experience to assist clients with various policy interests in Congress and within the Administration.
Chani spent 11 years on Capitol Hill, serving as Senator Claire McCaskill's (D-MO) Legislative Director, former Senator Mark Dayton's (D-MN) Deputy Chief of Staff, and former Congressman Bart Stupak's (D-MI) Legislative and Communications Director. She was also a senior policy aide for Senator Tom Harkin (D-IA) and professional staff on the Health Education and Labor Committee. She later served as Assistant Secretary for Legislative Affairs at the U.S. Department of Homeland Security.
Since September 2010, Chani has represented clients with priorities in national security, telecommunications and technology, and energy policies. She also serves as a strategic advisor for the Government & Technology Services Coalition (GTSC), an organization of small and mid-sized company executives that develop and implement solutions for the federal homeland and national security sector.
Chani is known for building relationships on both sides of the political aisle, co-founding the Bipartisan Legislative Directors Group in 2007 to find common ground among the Senate's 100 Legislative Directors.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Elizabeth Frazee
Chani Wiggins
Scott Maberry
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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In this episode, Reid Whitten, Managing Partner of Sheppard Mullin's London office and a frequent Nota Bene guest, joins host Scott Maberry to discuss the U.S. China-trade war, including its origins, where the conflict could be headed in the future, and the potential implications for trading partners, multinationals, and individuals.
What We Discussed in this Episode:
What are the origins of the U.S.-China trade war? What were some of the seeds planted in the 1980s and 1990s? How did the U.S. approach to China change in 2018 and what were the results? What is the Foreign Direct Product Rule? What makes the rule so new and different? How is the U.S. attempting to bolster technological advances at home? What countermeasures might China take? Why havenât any of those countermeasures been implemented? Are we headed for worldwide fragmentation of the post-WWII global economic order? What happens with Europe and other big trading partners in light of the U.S.-China trade war? What do you mean by "technological containment?" What would a policy of technical containment mean for the future? Who's impacted by all of this? What should they do?About Reid Whitten
As Managing Partner of Sheppard Mullinâs London office and leader of the firmâs CFIUS Team, Reid Whittenâs practice centers on international trade regulations and investigations. He works with clients around the world to plan, prepare, and succeed in global transactions. He focuses on his clientsâ cross-border investments, particularly in the technology and aerospace sectors, helping clients navigate the international trade regulations that could disrupt their deals.
Reid is a member of Chatham House, the UK's Royal Institute of International Affair. In addition to lecturing at the New College of the Humanities in London, at the Université Catholique de Lille in France, and Wake Forest University in the U.S, he also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.
A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers, and trade publications. He is also the lead author and editor of The CFIUS Book.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Reid Whitten
Scott Maberry
Resources
Foreign Direct Investment Controls - A Global Perspective
China Law Update Blog
The CFIUS Book
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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Sheppard Mullin's Nota Bene is a horizon-scanning podcast targeted at the C-suite that explores the risks facing multinationals doing business without borders. Multinational businesses have always been affected by major developments in international trade, global risk, and geopolitical shifts. The importance of these issues is increasing every day in light of events such as the U.S.-China trade war, the global response to the war in Ukraine, and the risks posed by rogue state actors such as Iran and North Korea.
In order to provide actionable insights into global law and policy developments, Sheppard Mullin has relaunched Nota Bene, which was in hiatus in 2022. In this very special episode, former host Michael P.A. Cohen offers his reflections and insights as he prepares to retire and hand over the hosting reins to Sheppard Mullin international lawyer Scott Maberry, who also holds the distinction of being Michael's first and favorite Nota Bene guest.
What We Discussed in This Episode:
What inspired Michael to create Nota Bene? How has the world trade order changed since the launch of Nota Bene? Why did Michael tap Scott as his first Nota Bene guest? What were Michaelâs favorite episodes, and what made those particular episodes so special? What is the vision for Nota Bene going forward?About Michael P.A. Cohen
For more than thirty years, Michael P.A. Cohen has advised multinational businesses in all aspects of their cross-border competition practices and strategies. He's also defended those practices in global government investigations and enforcement actions spanning continents.
As the creative force behind Sheppard Mullin's Nota Bene podcast, Michael hosted all 156 episodes produced from its inception in 2018 through 2021. Already an accomplished artist and poet, he's looking forward to devoting more time to his writing and painting pursuits in retirement.
About J. Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves as its representative on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
As a member of the World Economic Forum Expert Network, Scott advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Michael P.A. Cohen
Scott Maberry
Resources
Michael's Favorite Nota Bene Episodes Mentioned in This Episode:
Nota Bene Episode 72: Space Law: License, Launch, Finance, Insurance, and Responsible Space Stewardship with Brian Weimer? Nota Bene Episode 144: The International Race toward Green Hydrogen with GHC President Janice Lin and Tony Toranto Nota Bene Episode 150: Building an AI Risk Management Framework with Siraj HusainMichaelâs paintings and published poetry collections can be found at www.mpac.art.
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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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 (âESGâ) policies to help mitigate risk, attract quality leadership, and establish satisfied employees. In this episode, weâre exploring the benefits of implementing ESGâs 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. Allisonâs 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 firmâs 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
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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 âgeneralâ 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! Donât 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 canât 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
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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 itâs 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 worldâs 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.
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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 isnât 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
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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 Mullinâs Organizational Integrity Group (OIG).
Jonathan Aronie is a partner in the Washington, DC office of Sheppard Mullin, and the co-leader of the firmâs 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 Mullinâs Washington, D.C. office. Josephâs 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.
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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 OIGâs First Principles guides businesses facing a potential crisis to âslow down the scene.â What does that entail? What goals are OIG counsel trying to achieve in what they call the legal âpre-mortemâ portion of assessing a companyâs needs? How important is it to âvetâ any partners that your company plans on working with?Resources:
"Using âProspective Hindsightâ To Identify And Mitigate Risks During A Crisis," Organizational Integrity Group Blog, May 26, 2020
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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 Mullinâs 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 canât 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
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