By Sheppard Mullin, with Scott Maberry
4.9
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The podcast currently has 222 episodes available.
In this episode, Ann O’Brien, a partner at Sheppard Mullin and head of the firm’s 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 O’Brien
Ann O’Brien is a partner in Sheppard Mullin’s 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 on a broad range of antitrust topics, including serving as co-editor of Competition Policy International’s Cartel column and editing the ABA’s Antitrust Cartel Leniency and Sentencing Handbook. She has also trained 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.
Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Ann O’Brien
J. Scott Maberry
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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.
In this episode, Lisa Mays, an international trade attorney with Sheppard Mullin and leader of the firm’s Supply Chain Industry Team, joins host Scott Maberry to discuss the state of the global supply chain, including the impact of the war in Russia, and the intensifying trade war with China.
What We Discussed in This Episode:
Most trade lawyers are on the East coast. What benefits do you bring to your clients being in California?
What roles do the different government agencies play in enforcement, and why is recent inter-agency enforcement cooperation so significant?
What is the compliance obligation regarding “diversion” of goods by suppliers, distributors, sales agents, and customers?
How are U.S. trade wars playing out in the global supply chain?
What specific supply chain issues are created by the war in Ukraine?
What recent actions has the U.S. taken as the trade war with China intensifies?
How is international trade law impacting the way the solar industry operates?
Why has it become critical for companies to trace their supply chains for forced labor?
Will supply chain regulation continue to be a priority for the remainder of President Biden’s current term?
About Lisa Mays
An international trade lawyer based in Sheppard Mullin’s Orange County office, Lisa Mays leads the firm’s Supply Chain Industry Team and is a leading member of the Transportation Industry Team.
Lisa’s practice focuses on compliance counseling and investigations in the areas of export controls, economic sanctions, anti-corruption, and customs and import regulations. She regularly advises semiconductor manufacturers, automakers, airlines, aerospace and defense firms, importers, and exporters on sanctions; export controls, including the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR); trade agreements; the Foreign Corrupt Practices Act (FCPA); Customs and imports; antidumping and countervailing duties (AD/CVD); the False Claims Act; Committee on Foreign Investment in the United States (CFIUS); anti-boycott controls; cybersecurity issues; and anti-money laundering (AML) matters.
Lisa also represents clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Office of the U.S. Trade Representative (USTR), the Department of Commerce Bureau of Industry & Security (BIS), the Department of State Directorate of Defense Trade Controls (DDTC), the Department of Justice (DOJ), the International Trade Commission (ITC), U.S. Customs and Border Protection (CBP), and CFIUS.
About Scott Maberry
An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.
Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Lisa Mays
Scott Maberry
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
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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.
In this episode, Reid Whitten, Managing Partner of Sheppard Mullin’s London office, joins host Scott Maberry to discuss the state of the semiconductor industry, including the U.S. regulatory approach and the lessons it holds for other industries centered on advanced technologies.
Why is there so much focus on the semiconductor industry?
What’s new and different about the U.S. regulatory approach?
What other industries could be candidates for similar regulation?
If a business unit has an NSC licensing exemption, what should it do now to gain a strategic advantage in the future?
What does the recent enhancement of the Foreign Direct Product Rule do?
What are the implications of the U.S. Person Activity regulation?
Can you explain the concept of “technological containment?”
What is the state of U.S. technological containment of China?
What’s the big takeaway for the semiconductor industry?
What’s the message for every other industry?
About Reid Whitten
Managing Partner of Sheppard Mullin’s London office and leader of the firm’s CFIUS Team, Reid Whitten’s practice centers on international trade regulations and investigations.
Reid is a member of Chatham House, the UK's Royal Institute of International Affair, as well as an adjunct lecturer at the New College of the Humanities in London, at the Université Catholique de Lille in France and at Wake Forest University in the U.S, He also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.
A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers and trade publications. He is also the lead author and editor of The CFIUS Book.
About Scott Maberry
An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.
Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Reid Whitten
Scott Maberry
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
In this episode, Harper Batts, partner in Sheppard Mullin Silicon Valley’s Intellectual Property Group and co-leader of its Semiconductor Industry Team, joins host Scott Maberry to discuss the different forums for patent lawsuits, the complex nature of resolving semiconductor patent disputes, the timing to resolve the lawsuits and more.
What We Discussed in This Episode:
What are the different venues to resolve patent disputes?
What sort of timing is associated with the different forums?
Why has there been an uptick in filing lawsuits in international venues?
Besides money, what sort of damages or relief can parties get?
What is the benefit of showing competitive harm?
How do you best litigate these complex matters in front of a jury?
About Harper Batts
Harper Batts is a partner in the Intellectual Property Practice Group located in the firm's Silicon Valley office. He is also the leader of Sheppard Mullin’s Post Grant Proceedings (PTAB) Group and Semiconductor Industry Team.
Harper has almost two decades of experience as an intellectual property litigator and client counselor. Harper has obtained institution on more than 90% of the IPRs he has filed – a number unmatched across the country. Numerous Fortune 500 clients have relied upon his experience to represent them in highly contentious patent disputes in venues across the country. He has been selected multiple times as a Top IP Attorney in California by the Daily Journal (including this year), and IAM Patent 1000 noted that Harper “performs adroitly in post-grant proceedings on both the patent owner and petitioner sides.” In 2022 and 2023, he obtained institution of numerous petitions for inter partes review, obtained numerous final written decisions finding all claims unpatentable, and obtained an exceptional case finding and an award of attorney’s fees in the Central District of California in 2020.
He focuses on immediately determining the most relevant and effective pressure points against an adversary to quickly resolve a dispute with minimal disruption and cost to a client.
Harper is one of the leading attorneys for handling complex PTAB challenges across a variety of technologies. Harper has represented patent challengers and patent owners in more than 80 CBM and IPR proceedings. He has extensive experience in cases before the Patent Trial and Appeal Board as well as related appeals.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Harper Batts
Scott Maberry
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
In this episode, Michael Zhang, managing partner of Sheppard Mullin's Shanghai office, and Reid Whitten, managing partner of the firm's London office, join host Scott Maberry to discuss a new law that, for the first time, will prevent some U.S. investments in China.
What We Discussed in This Episode:
Why would the United States impose a new trade restriction on its third-largest trading partner?
What sectors will be affected?
When do the prohibitions come into effect?
What investors will the investment restrictions apply to?
How does the outbound investment restriction fit into overall U.S. China policy?
How is this policy viewed from the Chinese business perspective?
What reaction should we expect from the Chinese government?
About Michael Zhang
Michael Zhang is a lawyer and the managing partner of Sheppard Mullin's Shanghai office. He has a deep understanding of China's legal system and business practices, as well as broad experience in corporate transactions, corporate restructuring, antitrust law, intellectual property, cybersecurity, and personal information protection law in China.
Throughout his career, Michael has represented many U.S. and European clients making investments in China and Asia, including mergers and acquisitions, joint ventures, and debt restructurings. He has helped invest in and create business in the internet technology, life sciences, healthcare, automotive, logistics, material hi-tech, telecommunication and software sectors.
His extensive knowledge of international business transactions has allowed Michael to represent leading Chinese companies in their outbound equity and asset transactions outside Mainland China, specifically in life science and healthcare, e-commerce and green technology. Drawing on his rich knowledge of antitrust laws in China and other East Asian countries, Michael also counsels U.S. and international clients, as well as Chinese local companies, on international and PRC antitrust issues with respect to pre-merger control, price fixing and monopolistic agreement issues.
About Reid Whitten
As Managing Partner of Sheppard Mullin’s London office and leader of the firm’s CFIUS Team, Reid Whitten’s practice centers on international trade regulations and investigations. He works with clients around the world to plan, prepare, and succeed in global transactions. He focuses on his clients’ cross-border investments, particularly in the technology and aerospace sectors, helping clients navigate the international trade regulations that could disrupt their deals.
Reid is a member of Chatham House, the UK's Royal Institute of International Affair. In addition to lecturing at the New College of the Humanities in London, at the Université Catholique de Lille in France, and Wake Forest University in the U.S, he also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.
A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers, and trade publications. He is also the lead author and editor of The CFIUS Book.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Michael Zhang
Reid Whitten
Scott Maberry
Resources
Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern
Treasury Department Advanced Notice of Proposed Rulemaking
Previous episodes featuring Reid Whitten:
https://www.sheppardmullin.com/notabene-447
https://www.sheppardmullin.com/notabene-356
https://www.sheppardmullin.com/notabene-278
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
In this episode, Dr. Thomas Franklin and Dr. Marina Nikhinson of the Mindwork Group join host Scott Maberry to explore what the best companies in the world are doing to promote the mental health and well-being of their people.
What We Discussed in This Episode
What does a mentally healthy organization look like?
What do great organizations do to support the mental health and well-being of their people?
Why is it sometimes difficult to access high-quality mental health care?
What about business executives and law partners? They sometimes need help too. What is a typical psychological profile of people with leadership roles in large organizations?
What mental health needs do these individuals typically have?
What is burnout? What are really good organizations doing to combat this issue?
About Thomas Franklin, M.D.
A national leader in psychiatry and psychoanalysis, Dr. Thomas Franklin served as Medical Director of the Retreat at Sheppard Pratt, the premiere program of the prestigious Sheppard Pratt Hospital. He was appointed a member of the American College of Psychiatrists and the Group for the Advancement of Psychiatry.
Dr. Franklin is board-certified in psychiatry and addiction medicine and is a graduate of the Washington Psychoanalytic Institute and the Johns Hopkins Carey School of Business. In addition to serving as a faculty member of the University of Maryland School of Medicine faculty, he also serves as a discussion group leader for the American Psychoanalytic Association.
Dr. Franklin is a co-founder of Mindwork Group, where he is President and Chief Executive Officer of MindWork Group. He has extensive experience treating professionals, executives, business owners, political leaders, and their families. He has been extensively quoted in the areas of substance use disorders, personality disorders, and mental health policy.
Marina Nikhinson
Dr. Marina Nikhinson is a board-certified psychiatrist with advanced training in psychodynamic psychotherapy, mentalization-based therapy, dialectical behavior therapy, and the treatment of mood and personality disorders. She is a master-trainer in the general psychiatric management of borderline personality disorder. In her role as attending psychiatrist at the Retreat at Sheppard Pratt, Dr. Nikhinson became a recognized leader in the treatment of people with complex psychiatric, psychological, and substance use disorders.
She is a graduate of the Washington-Baltimore Center for Psychoanalysis. A faculty member at the University of Maryland School of Medicine, she is also a Fellow of the American Psychiatric Association.
Dr. Nikhinson is a co-founder of the MindWork Group, serving as its Executive Vice President and Chief Operating Officer. In her distinguished career, she has cared for an international cadre of patients, including business owners, political leaders, and executives of Fortune 100 companies.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Dr. Thomas Franklin
Dr. Marina Nikhinson
J. Scott Maberry
Resources
MindWork Group
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
In this episode, we speak with Lisa Fine of Pearson PLC, and co-host of the Great Women in Compliance podcast. We discuss how companies can maintain vibrant compliance programs in an increasingly complex world.
What We Discussed in This Episode:
How do the best companies assess business risk and legal risk together?
How does a deep understanding of the organization’s culture help in creating the compliance program?
How do compliance professionals stand their ground even while empathizing with the business?
What are the pros and cons of using outside counsel for compliance investigations?
How can outside attorneys add value and help with business strategy?
How do you ensure compliance training programs are effective?
How do you empower ethical decision-making in an organization?
What are some takeaways from your book, “Sending the Elevator Back Down: What We’ve Learned From Great Women in Compliance”?
What should we all be doing to help others in our professional communities?
About Lisa Fine
Lisa Fine is a compliance leader with extensive experience in compliance strategy, including risk management and mitigation, internal investigations, and implementing and growing compliance programs. As Global Head of Investigations and Fraud for Pearson, the world’s leading learning company, she is involved in all aspects of the ethics and compliance program, including developing policies, risk assessment training, communications, and due diligence.
In addition to co-hosting the “Great Women in Compliance” podcast, where women compliance practitioners are interviewed and discuss their experiences, advice and substantive expertise, Lisa also co-authored “Sending the Elevator Back Down: What We’ve Learned From Great Women in Compliance.” She has spoken at conferences in the United States and Europe and regularly consults with and mentors other women in the field of compliance and those starting their careers
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information
Lisa Fine
J. Scott Maberry
Resources:
Great Women in Compliance
Sending the Elevator Back Down: What We’ve Learned From Great Women in Compliance.
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
In this episode, Sheppard Mullin attorneys Melissa Eaves and Ray Marshall join host Scott Maberry to explore how the best companies in the world are navigating between directly conflicting regulatory guidance on Environmental, Social and Governance initiatives.
What We Discuss in this Episode:
What is the SEC doing regarding Environmental, Social and Governance (ESG) investing right now?
What are state legislatures and Attorneys General doing?
How do these enforcement contradict each other, and what should companies do?
What should companies be doing to reduce the potential for ESG-related enforcement actions?
How does "greenwashing" open the door to civil litigation?
What steps should companies and investors take to mitigate risk in this complicated environment?
About Ray Marshall
Ray Marshall is Of Counsel in the Governmental Practice in Sheppard Mullen’s San Francisco office, where his practice focuses on White Collar and Investigations, Fiduciary Duties, and Environmental, Social & Governance issues.
Ray represents clients in both complex business litigation and white-collar defense. He has conducted a wide array of internal investigations and company inquiries, including cases alleging insider trading, stock options backdating, securities fraud, accounting irregularities, antitrust violations, public corruption, FCPA and other corporate and individual wrongdoing. He has represented clients in civil, criminal and administrative proceedings brought by governmental authorities, including the Department of Justice and the offices of various U.S. Attorneys, State Attorneys General and District Attorneys.
In addition to serving on Sen. Dianne Feinstein’s Judicial Advisory Committee for the Northern District of California, Raymond also serves as an adviser to the American Law Institute on the Model Penal Code Sentencing Project. He is past-President of the ABA Retirement Fund Board of Directors, a past member of the ABA Standing Committee on Federal Judiciary, and former president of both the State Bar of California and the Bar Association of San Francisco. In 2004 and 2007, he was appointed by Chief Justice Ronald M. George to chair the California Supreme Court’s Advisory Task Force on Multijurisdictional Practice.
In addition to his professional affiliations, Ray is extremely active in community affairs, serving on the boards of the Giffords Law Center, the Equal Justice Society, the United Negro College Fund, and HomeBase/The Center for Common Concerns. In March 2009, he argued on behalf of five of the leading civil rights groups in the country (Asian Pacific American Legal Center, California State Conference of the NAACP, Equal Justice Society, Mexican American Legal Defense and Educational Fund, NAACP Legal Defense and Educational Fund) before the California Supreme Court, arguing that allowing Proposition 8 (a proposition which sought to outlaw gay marriage) to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.
About Melissa Eaves
Melissa Eaves is Special Counsel in the Governmental Practice in Sheppard Mullen’s Los Angeles office. Melissa currently focuses her practice on complex civil litigation, fraud, investigations white collar criminal defense and False Claims Act litigation. She has substantial experience in compliance investigations, fiduciary counseling, ESG, American with Disabilities Act, FTC, SEC and TVPRA/human trafficking litigation.
Melissa has successfully represented numerous individuals and entities in connection with a wide range of federal and state investigations and prosecutions. In civil litigation, she has successfully represented both clients in both state and federal court.
In addition to complex litigation and white collar defense work, Melissa handles internal investigations for companies. She is an experienced and skilled investigator, handling investigatory matters involving whistleblower claims, harassment and workplace misconduct, criminal misconduct, and healthcare fraud. She has also worked with governmental agencies such as the OIG, DOJ, FTC, SEC, and HHS in connection with such investigations.
Melissa was part of the team that recently won a complete defense victory in a human trafficking case, and she has also obtained complete defense verdicts in trials involving ADA claims. In addition, she has represented the California Insurance Commissioner in the Executive Life Insurance Company, First Capital and Mission Insurance Group insolvencies and reinsurance litigation, involving over 300 reinsurers worldwide, representing recoveries in excess of $1.3 billion. Melissa has substantial litigation experience in both state and federal courts, including the U.S. Supreme Court, enforcing judgments abroad and supervising of domestic and foreign outside counsel.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information:
Melissa Eaves
Raymond Marshall
J. Scott Maberry
Resources:
Goldman Sachs SEC Settlement (2022)
BNY SEC Settlement (2022)
Texas AG Letter
ISS Response
Glass Lewis Response
BlackRock Letter
Kentucky AG Opinion
Kentucky AG Letter
Washington DC AG Letter
ClientEarth Lawsuit Against Shell
BNP Paribas Case
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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.
In this episode, Paul Kim, a partner in Sheppard Mullin’s Corporate and Securities Practice Group, joins host Scott Maberry to discuss recent developments in international policy and law impacting the U.S.-South Korea relationship, including the business significance of President Yoon Suk Yeol's state visit, the North Korean nuclear threat, and efforts to contain China.
What We Discussed in this Episode:
What message is Korea sending by bringing the largest Korean companies on the State visit to the United States?
What is the state of the North Korean nuclear threat and the allied response?
What are some other key aspects of the comprehensive strategic alliance between the U.S. and South Korea?
What are the allies doing to contain China from both a security and economic perspective?
Where does South Korea's relationship with Japan stand?
What's South Korea's position on the Russian invasion of Ukraine?
What discussions will the United States and Korea have regarding electric vehicles, semiconductors, and batteries?
What is the South Korean perspective on the CHIPs Act and Inflation Reduction Act?
What is the South Korean business climate right now?
What are the hottest issues for global companies doing business in South Korea and Asia?
The last time you were our guest in early 2020 (Episode 69), you made a very accurate prediction regarding a novel virus then circulating in China. Are there any other events you see on the horizon?
About Paul Kim
A partner in Sheppard Mullin's Corporate and Securities Practice Group, Paul Kim also serves as Office Managing Partner and representative, foreign legal consultant for the firm's Seoul office.
Paul's practice focuses on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes. He has more than 25 years of experience representing a diverse range of clients operating in numerous industries and in many countries, practicing in New York for over 20 years before relocating to Seoul. His clients include private equity funds and investment managers, industrial and manufacturing companies, pharmaceutical and biotech companies, and commercial banks and other financial institutions.
Paul has particularly broad experience representing Korean, European and U.S. clients in complex multi-jurisdictional transactions, restructurings and other matters, and has been recognized on multiple occasions by Chambers Global, Chambers Asia Pacific and Asian Legal Business.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information:
Paul Kim
J. Scott Maberry
Resources:
U.S. Legal Insights for Korean Businesses
Nota Bene Episode 69 (02.12.2020): Asia Check In: The Coronavirus’s Impact on Business, the Trilateral Summit, and Japan’s Criminal Justice System with Paul Kim
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
In this episode, futurist Gerd Leonhard, founder of The Futures Agency, joins host Scott Maberry to discuss the future, including the role of futurism in corporate strategy, and how multinational companies should be planning for the “good future.”
What We Discussed in This Episode:
What are the tools for futurism, and how do they apply to running a global business?
Why is it accurate to say “the future is now?"
How did the Good Future Project come about? What is it?
What are some of the mindsets or impediments that prevent good insight into the future?
What can be done to reduce or mitigate the fear mindset?
What are the links between your first profession, music, and your current calling as a futurist?
What's the role of futurism in thinking about global trade, globalization, and the green revolution?
For large multinational companies, how should the C-suite be planning for the future we're going to experience?
About Gerd Leonhard
Gerd Leonhard is a globally recognized and top-rated futurist, humanist, author, film producer, and TV host. Pursuing the concept of "practical wisdom," he forgoes the all-too-common techno-optimism in favor of progressive humanism, balancing exponential technological progress with human needs. Gerd zeroes in on what the future holds for humanity and how we will create the future we want (rather than just the one we could have).
A musician by origin and a digital music entrepreneur in the 1990s, Gerd is the author of five books, including the bestseller The Future of Music and his latest work, Technology vs. Humanity, a ground-breaking exploration of the mega-shifts that will radically alter society, the economy, values, and even human biology. He is also considered one of the most remarkable and unique keynote speakers in the world today, having so far appeared - virtually and in-person - before a combined audience of over 2.5 million people in 50+ countries.
About Scott Maberry
As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.
Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.
A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.
Contact Information:
Gerd Leonhard
J. Scott Maberry
Resources:
The Good Future Project
Books by Gerd Leonhard
Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show.
This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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