Sheppard's Nota Bene

What is the next move in the China-U.S. trade war? Where does the U.S. currently stand, what changes in exports have been implemented since the beginning of the trade war, and how might the war impact the growth of the technology sector?

Joining me for this conversation is Reid Whitten. Reid is the Managing Partner of Sheppard Mullin's London office, practicing in international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office. Reid is a thought leader on cross-border business regulations. 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 the lead author and editor of The CFIUS Book and is the head of the firm's CFIUS Team.

What We Discussed in This Episode:

• Where do we currently stand with respect to our trade war with China?
• What concessions has China made since we began the trade war a couple years ago?
• How have the current administration's decisions affected the amount of power the U.S. holds regarding trade?
• How has China managed to gain stronger geopolitical and economic standing around the world?
• How can the U.S. regain some economic and political standing?
• Is it possible for China to assert its newfound political power to assert its economic goals?
• How will the trade wars affect the growth of the technology sector?
• How, in the battle over technology, can the U.S. government apply pressure against Chinese companies?
• What should multinational companies be thinking about now in order to successfully navigate the world as it is today?

Contact Information:

Reid's Sheppard Mullin attorney profile

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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.

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?

I'm joined by two guests, Jonathan Aronie and Joe Jay, from Sheppard Mullin's Organizational Integrity Group (OIG).

Jonathan Aronie is a partner in the Washington, DC office of Sheppard Mullin, and the co-leader of the firm's Government Contracts and Internal Investigations Practice Group. In 2013, Jonathan was appointed by the U.S. District Court for the Eastern District of Louisiana to serve as the Federal Monitor over the NOPD Consent Decree, the most comprehensive Consent Decree in the country. He is the author of From Bourbon Street To The Board Room: Eight Aids to Sustaining Reform.

Joe Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin's Washington, D.C. office. Joseph's practice encompasses a broad array white collar defense, corporate investigations, and international trade matters. His matters include defense of civil and criminal enforcement actions and investigations, compliance counseling and regulatory advice.

What We Discuss in This Episode:

• What is the Organizational Integrity Group (OIG) and how does it help businesses?
• How has the coronavirus pandemic allowed the OIG to focus on what really matters when it comes to businesses responding in real-time to harm?
• What types of PPP audits and investigations will likely stem from the current pandemic?
• How will any investigations go beyond merely auditing funds that were disbursed? What else should businesses think about when carrying on with business activities under the PPP?
• What is the Defense Protection Act (DPA) and how might it affect enforcement of PPP spending?
• What types of questions are OIG clients asking of their counsel?
• One of the OIG's First Principles guides businesses facing a potential crisis to "slow down the scene." What does that entail?
• What goals are OIG counsel trying to achieve in what they call the legal "pre-mortem" portion of assessing a company's needs?
• How important is it to "vet" any partners that your company plans on working with?

Contact Information:

www.organizationalintegrity.com

www.sheppardmullin.com/oig

Thank you for listening!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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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.

With $3 trillion of stimulus money already disbursed and $3 trillion more scheduled to be distributed to the American people in the near future, we're taking a look at the type of oversight provisions included in the CARES Act that allow the Federal government to police COVID relief money.

Joining me for this conversation is Chuck Kreindler. Chuck is a partner in the Government Contracts, Investigations & International Trade Practice Group and the White Collar Defense and Corporate Investigations Team Leader at Sheppard Mullin.

What We Discuss in This Episode:

• How will the Federal government conduct oversight and enforcement action to ensure any money distributed under the CARES Act is used the right way?
• What are the three main oversight mechanisms built into the CARES Act?
• What is the task force established by the Department of Justice responsible for?
• Why are there real concerns about insider trading and what is the Securities and Exchange Commission doing about it?
• How is the CARES act similar to the 2008 economic crisis stimulus package?
• Who are "whistleblowers" and why is there a fear that the current economic climate might produce a great amount of whistleblowers?
• What are some areas that businesses could potentially get themselves into trouble when it comes to applying to, accepting, and handling distributed money?
• What is the Reverse False Claims Act?
• How can a business deal with a whistleblower within its own company?
• What steps should a company that receives a whistleblower complaint take to respond?

Resources Mentioned:

Small Business Administration

Sheppard Mullin Coronavirus Insights

Contact Information:

Chuck's Sheppard Mullin attorney profile

Thank you for listening!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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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.

As Congress considers several proposed bills to help alleviate the impact of COVID-19 on the U.S. economy, we're joined by returning guests Elizabeth Frazee and Jonathan Meyer to discuss the latest updates from the Legislative and Executive Branches.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth was named a "Top Lobbyist" by The Hill newspaper and has a 30-year career in Washington that encompasses over a decade working in high-level jobs on Capitol Hill, executive experience at leading tech and entertainment companies and years of successful representation of companies, trade associations and non-profits as a policy advocate and political strategist.

Jon Meyer is a partner at Sheppard Mullin and counsels clients on their interactions with federal and state government, as well as cybersecurity, homeland security, Congressional oversight and immigration, among other challenges.

What We Discuss in This Episode:

• What is happening in Congress right now?
• What were the four bills already passed by Congress and what did they provide?
• What will the HEROES Act provide and is it likely to pass in the Senate? Is it necessary?
• Is printing more money the solution to the current economic crisis?
• Are there potential litigation consequences to opening businesses too soon?
• Despite the differences on both sides of the aisle, what is the one thing Democrats and Republicans agree on at this moment?
• Should there be conditions attached to any spending bills that pass? If so, what should they be?
• Should bail outs of certain industries, if they were to occur, come with any restrictions?
• What else should Congress be thinking about in upcoming relief efforts?
• What is the Workplace Recovery Fund and how could it potentially help businesses?

Contact Information:

Elizabeth Frazee: [email protected]

www.twinlogicsstrategies.com

Jon's Sheppard Mullin attorney profile

[email protected]

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

Given the devastating impact of the coronavirus pandemic in the European Union (EU) and all over the world, we're exploring the current economic and political climate of the various member states.

Joining me for this conversation is Oliver Heinisch. Oliver is a partner in the Antitrust and Competition Practice Group in the firm's London office. Oliver 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 regularly advises clients on questions relating to the UK's decision to leave the European Union.

What We Discuss in This Episode:

• What was on the agenda for the European Union prior to the coronavirus pandemic and how were these plans impacted?
• How did the investigation into the European Central Bank fare?
• How has the stress of the pandemic affected the various member states of the European Union?
• Are Poland and Hungary likely to break away from the EU given their obvious disagreements with various EU policies?
• Will Germany emerge as a powerhouse following the pandemic?
• Is there likely to be a divide in the EU between the north and the south with respect to the response and recovery following COVID-19?
• What is the latest update on Brexit?
• How will the pandemic affect the Eastern countries' positions and strength in the global order?
• What is the view of the United States and how we have handled the crisis by the United Kingdom and the EU?

Contact Information:

Oliver's Sheppard Mullin attorney profile

[email protected]

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

The world as we knew it just a few months ago in January, when we last spoke with our Asian-markets expert Paul Kim, has completely changed. No one could have predicted the unprecedented nature of the economic, cultural, and geopolitical changes that the coronavirus pandemic has brought about. We're joined by Paul for an update on the Asian markets.

Paul is a graduate of the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin's Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discuss in This Episode:

• What does the new normal routine look like in South Korea?
• What steps have Korea taken with regards to COVID-19 testing?
• Along with testing, how did Korea's prompt response of contact tracing help reduce the spread?
• While hotels and restaurants have suffered tremendously, how are other multinational companies faring in South Korea?
• What has the employment snapshot looked like? Are there any unemployment benefits?
• Has there been an effect on the supply and demand of products?
• While the world is focused on battling the coronavirus, what action has China taken with regards to Hong Kong?
• What has Japan done to combat the virus and return its economy to a stable condition?
• Is there a shift in economic power between Eastern and Western countries?

Contact Information:

Email: [email protected]

Paul's Sheppard Mullin attorney profile

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

Be sure to connect with us and reach out with any questions/concerns:

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

As countries across the globe grapple with the devastating impact of the coronavirus, we're specifically examining the effect on the global economy, chatting with Easy China Warehouse CEO Brian Miller, an American living in Shenzhen, who has first-hand experience with how China is tackling this problem.

Brian Miller is the CEO of Easy China Warehouse, a global e-commerce fulfillment company located in Shenzhen, China.

What We Discuss in This Episode:

• How did the news of the coronavirus unfold for those living in China?
• What were the first signs of the virus's effect on the economy in China?
• What restrictions did China place on businesses in various regions in China?
• What does the process of recovery look like right now?
• Will the Chinese government likely develop a stimulus plan to assist the economy's recovery or will it maintain a more organic laissez-faire approach?
• Are larger industries in China likely to fare better since they are state-owned, while other private companies fail?
• Have western public companies and their management to quarterly stock price metrics placed them in more fragile positioning for recovery?
• Are smaller businesses in China and the China workforce better situated to emerge from the COVID-19 depression due to lack of social welfare programs historically in China?
• Is the recovery in China likely to be smoother than in the U.S. because of the government's one-party system?
• What have Chinese residents heard about their government's reporting of death statistics?

Contact Information:

Brian's LinkedIn profile

Easy China Warehouse website

Thank you for listening!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

Healthcare systems in the U.S. are feeling the stress of COVID-19. In an attempt to respond to the unexpected impact of the virus on the healthcare industry, the government along with private industry have implemented various measures to help weather the changes while continuing to serve the needs of patients. We're taking a closer look at what changes have been implemented thus far and forecasting policy changes going forward.

Joining me for this conversation is Michael McKinnon. Mike is a partner in the Corporate Practice Group in the Sheppard Mullin Orange County office. Michael is leader of the firm's Healthcare Private Equity Team. Michael focuses his practice on corporate and securities law, with an emphasis on mergers and acquisitions, joint ventures, and equity and debt financings in the healthcare and life sciences industries.

What We Discuss in This Episode

• How will COVID-19 affect the healthcare industry going forward?
• What is the immediate impact of COVID-19 on healthcare providers?
• What is the Coronavirus Preparedness and Response Supplemental Appropriations Act?
• What did the Families First Coronavirus Response Act provide for healthcare providers?
• How has the government loosened certain restrictions when it comes to where medical procedures can take place?
• Will there be greater collaboration between the government and private industry due to the pandemic?
• Along with telemedicine, what other advancements in technologies will be utilized going forward?
• Why a multi-billion dollar grant from the government to hospitals is not likely to alleviate the financial stress
• Will there be a long-term shift in where medical procedures are performed?

Contact Information:

Mike's Sheppard Mullin attorney profile

Email - [email protected]

LinkedIn profile

Thank you for listening!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

Be sure to connect with us and reach out with any questions/concerns:

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

Furloughs. Layoffs. Loss of work visas. The state of employment in the U.S. is in flux due to the coronavirus, and employers and employees are left to figure out how to best deal with the changing regulations in this space.

Joining me for this conversation are three guests: Kelly Hensley, Denise Giraudo, and Greg Berk.

Kelly Hensley is a partner in the Sheppard Mullin Los Angeles office and is Leader of the firm's Labor and Employment Practice Group. She specializes in labor and employment counseling and wage and hour matters.

Denise Giraudo is a partner in the Labor and Employment Practice Group in Sheppard Mullin's Washington, D.C. office. Denise counsels and represents management in a wide range of labor and employment litigation matters. She regularly and successfully represents employers before state and federal courts as well as various local and federal administrative agencies.

Greg Berk is a partner in Sheppard Mullin's Labor and Employment Practice Group. He leads the Firm's immigration practice and is based in Orange County, California. He is a Certified Specialist in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization.

What We Discussed in This Episode:

• What labor and employment issues are employers dealing with because of COVID-19?
• What should employers know about the Families First Coronavirus Response Act?
• What is a furlough and what must employers do if they plan on engaging in furloughs?
• Are employees able to obtain any type of Federal relief during a period of furlough or unemployment?
• What is the CARES Act?
• How do furloughs and layoffs impact employee benefits such as health insurance?
• Will unemployment rates continue to rise, or have they plateaued at this point?
• Why is it important for employers to stay in contact with their labor counsel?
• In terms of work visas, how is the pandemic affecting the immigration status of certain types of employees?
• How are students with F-1 visas affected?

Contact Information:

Sheppard Mullin Coronavirus Insights page

Kelly's Sheppard Mullin attorney profile

Denise's Sheppard Mullin attorney profile

Greg's Sheppard Mullin attorney profile

Thank you for listening!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

The world's commerce has come to a screeching halt in response to the COVID-19 pandemic. As a result, many businesses are finding it difficult or maybe even impossible to perform their obligations under their business contracts. In this episode, we're framing the various contractual performance issues that are currently implicated as the pandemic continues to impact contractual obligations.

Joining me for this conversation is Whitney Roy. Whitney is a litigation partner in Sheppard Mullin's Los Angeles office. Whitney was recognized by Law360 as a "Female Powerbroker" and by the Daily Journal as one of the Top 100 Women Lawyers in California in 2014. Whitney has experience in all aspects of California and federal civil procedure through trial. She also defends her clients on appeal when necessary.

What We Discussed in This Episode:

• What are the various ways contracts are impacted by the coronavirus pandemic?
• What is force majeure and how does it show up in contracts?
• Is the current pandemic sufficient to implicate the force majeure clause?
• For contracts that include force majeure clauses, what is the next step in figuring out what a party's duties are under the contract?
• If it's impossible, impractical, or illegal to perform one's duties under a contract, can a party simply walk away from their obligations?
• What can you do to salvage a potentially damaged contractual relationship?
• If for whatever reason, a party is unable to perform their duties under a contract, what steps must be taken by the party that won't be able to perform?
• When is notice of nonperformance necessary?
• Why is it important for parties to maintain records and documents of all transactions and communications regarding business and contracts?
• Are force majeure provisions the same in every state?
• What happens with contracts that don't include force majeure clauses?
• What is frustration of purpose and under what circumstances can it be invoked as a defense?

Contact Information:

Whitney's Sheppard Mullin attorney profile

[email protected]

Thank you for listening! Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, or Spotify. It helps other listeners find this show.

Be sure to connect with us and reach out with any questions/concerns:

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Sheppard Mullin website

This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.