Sheppard's Nota Bene

With a new European Commission in place and Brexit set to happen by the end of the month, we're exploring the current regulatory climate in the European Union and previewing what's to come for the European nations.

Oliver Heinisch 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 Discussed in This Episode:

• What are the updates following the European Commission elections last year?
• What industries and areas will the European Commission focus on in the upcoming year?
• Are the European nations taking the global climate crises more seriously than the U.S. government?
• How is the European Commission structured and how do they operate?
• How will the new privacy regulations impact companies selling products on the internet?
• Is the European Commission working from an outdated document as they attempt to identify market definition?
• How have the activities and changes in the European Union spilled over into American markets?
• What is happening with Brexit?
• Is the concern over the affect of Brexit on business dealings overhyped?

Resources Mentioned:

Dr. Michael Hofmann Episode 63

Contact Information:

Oliver's Sheppard Mullin attorney profile

[email protected]

Thank you for listening!

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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.

We're kicking off the new year with returning guests Elizabeth Frazee and Jonathan Meyer who are joining us with updates on various current events in our Legislative and Executive Branches in the upcoming quarter.

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 exactly happened with the Presidential impeachment process in the House of Representatives?
• How will the President's impeachment affect governmental functions?
• What does the impeachment process entail?
• How will the killing of the Iranian military leader affect American foreign relations?
• What will be the likely outcome of the United States-Mexico-Canada Agreement (USMCA) vote? Will the impeachment proceedings affect the vote?
• How both Congressional parties agreed on and passed the budget deal prior to the holiday season
• Why Congress was unable to reach an agreement regarding prescription drugs?
• Is there any agreement when it comes to privacy laws? How will the California Consumer Privacy Act affect businesses across the U.S.?
• When it comes to prescription drugs, what are the major issues being considered by Congress?

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.

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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 European Union (EU) is taking major strides to help combat climate change by instituting a ban on diesel cars, enforcing existing climate regulations among member states, and announcing the EU Green Deal initiative. Despite these efforts, the EU Commission still struggles to enforce any such policies among member states who fail to comply. We're exploring several of the new climate policies being instituted and discussing how the EU is reacting to noncompliance.

Joining us for this conversation is Dr. Michael Hofmann. Michael is an associate in the Antitrust and Competition Practice Group in Sheppard Mullin's Brussels office. He focuses on all aspects of European and German competition law matters. Michael wrote his doctoral thesis in the area of energy competition law and holds a Master of Laws degree (LL.M.) in International Commercial Law from the University of Aberdeen (UK). He is fluent in English in addition to his native German.

What We Discussed in This Episode:

• What is happening in the area of climate regulation enforcement in the EU?
• What is the basis for all of the litigation occurring at the EU level as it relates to climate regulation?
• What is the EU Air Quality Directive and what are its key elements?
• What is the process for EU litigation proceedings against member states for policy infringement?
• How many open cases are currently pending with the EU commission?
• Why were several EU member states unable to comply with the NO2 limitation requirements placed by the EU?
• How has the EU placed restrictions against diesel cars?
• What effect has the ban on diesel cars had on the Free State of Bavaria?
• How is the EU Commission indirectly addressing the NO2 threshold against diesel car manufacturers via competition laws?
• What is the European Union's Green Deal and what are its objectives?
• Why is the EU thinking of introducing a carbon border tax and how might that affect U.S. multinationals doing business in the EU?

Contact Information:

[email protected]

Dr. Hofmann 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 technology continues to rapidly evolve and governmental regulations struggle to keep up with its development, multinationals are left wondering how to manage technological developments and foreign investments in the face of emerging controls. We're exploring how companies can adjust to government regulations impacting the development of their technologies and what affect, if any, any such technology has on national security.

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. He is also Leader of the Sheppard Mullin CFIUS Team. Reid is a thought leader on cross-border business regulations. Reid is an Adjunct Professor of Law at the Université Catholique de Lille, in France, 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:

• What led to the publication of the CFIUS book?
• Is there a connection between the uptick in nationalism in many countries all over the world and the increase in national security when it comes to foreign investments?
• Has technology become the new national security concern in some countries?
• What affect has the Foreign Investment Risk Review Modernization Act (FIRRMA) had on CFIUS?
• How does CFIUS impact foreign investments? What obstacles does it create for investors?
• How will governmental regulations burden technological development in the U.S.?
• Is technology developing too quickly for government regulations to keep up with?
• Will the government's attempt at regulations steer investments outside of the U.S.?
• Are governments in other countries also seeking to implement controls regarding technological advancements?
• How can multinationals plan for an environment of increased restrictions?

Contact Information:

Reid'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 South Korea's economy, population, and culture have evolved over the past 50 years, the country has quickly risen and taken a seat as one of the world's most important economic markets and national players, especially in the areas of manufacturing and exporting. We're exploring South Korea's strongest industries and relationships with other economic powers like the United States, China and the European Union.

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

What We Discussed in This Episode:

• The overview of South Korea's economic development and present vitality
• What are two of South Korea's largest industries?
• What does the relationship between South Korea and North Korea look like?
• How much do North Korea's actions factor into South Korea's economy?
• Should the North Korean economic restrictions loosen up a bit, would South Korean businesses partake in business opportunities in that country?
• What has caused South Korea's decline in fertility rates and how does that impact the economy?
• How have the U.S. trade disputes with China and other countries impacted Korea, if at all?
• What was impetus for the trade dispute between Korea and Japan?
• What does South Korea's relationship with the European Union look like?
• Has the U.S.'s withdrawal from the Trans-Pacific Partnership affected Korea in any way?
• How simple or difficult is it for a multinational organization to do business in South Korea? What are some of the restrictions?

Contact Information:

Paul'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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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 recap episode, I'm extracting the valuable lessons shared by our guests in the prior 5 episodes. I offer my two cents about the practical advice shared by our guests to help the C-Suite understand the legal, political, and economic underpinnings impacting the 21st intercontinental business landscape in which they operate.

In Episodes 55, we checked in with our resident European Union affairs experts, Oliver Heinisch and Isabelle Rahman. They updated us on the new European Commissioner and her proposed plans for the upcoming term. Isabelle and Oliver also reflected on the European Commission's prior five-year term and their notable achievements.

In Episode 56, we shared a replay of a prior conversation with Scott Maberry about the U.S. trade war with China. We explored whether anything has truly changed between the U.S. and China and what impact the trade war has had on the U.S. economy.

In Episode 57, we shed light on the oft-convoluted world of international judgment enforcement with Neil Popovic. Neil discussed the various must-knows for any multinational doing business in multiple jurisdictions.

In Episode 58, Jim Gatto joined me to talk about cryptocurrency and the use of blockchain technologies in various areas of business conduct such as supply chains and contracts. Jim also covered security token offerings, stable coins, and U.S. Federal regulations embracing cryptocurrencies.

In Episode 59, we turned to organizational integrity and solving reputational threat with Jonathan Aronie, David Douglass, and Joseph Jay. We explored how organizations can develop and use tools to define and protect their values. We also dove into how organizations can prevent or deal with a reputational crisis.

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.

Approaching organizational integrity to resolve reputational threats before and after they may occur requires accounting for corporate values, public trust, corporate stakeholders, and reputation while seeking out and handling corporate issues.

To aid multinational companies with any such assessments, the Organizational Integrity Group at Sheppard Mullin was created by my guests today, Jonathan Aronie, Joe Jay, and David Douglass.

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. Jonathan previously appeared on this podcast in Episode 8.

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. Joe previously appeared on this podcast in Episode 45.

David Douglass is Managing Partner of Sheppard Mullin's 100-lawyer Washington, D.C. office and a partner in its Government Contracts, Investigations and International Trade Practice Group. He defends companies in criminal and civil investigations and litigation.

For more than three decades, David has drawn on his criminal and civil trial experience to advise and represent healthcare and life sciences companies, government contractors and other highly regulated business in government investigations, litigation and, of course, trial. David is often lead trial counsel in federal courts, including Washington, D.C., Maryland, Virginia and New York. He defends companies and individuals in criminal and civil, False Claims Act (whistleblower), investigations and litigation.

What We Discussed in This Episode:

• What is an organizational integrity group and how does it help corporations?
• What underlying issue is common to all companies seeking assistance in avoiding or dealing with crises?
• What various perspectives should companies consider when approaching reputational threat problem-solving?
• Why it's important for multinational corporate leaders to look at corporate problems across various dimensions
• What is the revised statement of corporate purpose as explained by the Business Roundtable?
• How might an organizational integrity assessment protect a company?
• Can crisis roleplay help leaders prepare for problems that haven't occurred yet?
• What is a reputational threat and how is it assessed?
• Why leaders shouldn't fear seeking out potential problems

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.

From payments using bitcoin to smart contracts, blockchain technologies are revolutionizing how business is done in every industry. As blockchain technologies continue to mature, we're exploring the latest developments in the use of bitcoin, cryptocurrencies, and other blockchain technologies by multinational companies.

Joining me for this episode is Jim Gatto. Jim is a partner in the Intellectual Property Practice Group in Sheppard Mullin's Washington, D.C. office. He is also Team Leader of the firm's Blockchain Technology and Digital Assets team, and its Social Media and Games industry team. He also is Team Leader of the firm's Open Source team.

Jim appeared as a former guest in Episode 3.

What We Discuss in this Episode:

• What are Security Token Offerings (STO)?
• How are STO's remaining compliant with securities regulations?
• Are federal securities laws finally embracing cryptocurrency?
• What are Stable Coins and what are they meant to accomplish?
• How are cryptocurrencies changing the economies of the world?
• What is the proposed Token Taxonomy Act?
• What guidance has FinCEN issued regarding the trading of cryptocurrencies and complying with the Bank Secrecy Act?
• What is an SEC No Action Letter and in what two scenarios have the SEC issued these letters lately?
• Should multinational companies be thinking about using cryptocurrencies in their businesses?
• How are some large companies using blockchain technologies in their supply chains?
• How is the FDA planning on using blockchain in order to increase safety?
• Can blockchain technology be applied to the purchase and sale of art?

Resources Mentioned:

Blockchain 50 article - https://www.forbes.com/sites/michaeldelcastillo/2019/04/16/blockchain-50-billion-dollar-babies/

Contact Information:

Jim's Sheppard Mullin attorney profile

LinkedIn

Email: [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.

Successful litigation doesn't simply depend on obtaining a favorable judgment, but it rests on the ability to enforce that judgment. When it comes to international business relationships, what should multi-national businesses know about the enforcement of foreign judgments in the U.S. or the enforcement of U.S. judgments in foreign countries?

We're joined by international arbitration attorney Neil Popovic. Neil is a partner in the Business Trial Practice Group in Sheppard Mullin's San Francisco office and is Team Leader of the International Litigation and Arbitration team.

What We Discussed in This Episode:

• What are international enforcements and why are they important?
• What is the value of a judicial determination in a foreign jurisdiction?
• Why contract provisions relating to the enforcement of judgments are often the most overlooked (and why that's a mistake)
• Neil shares a fascinating story of his client's Pablo Picasso case
• What is service of process and what does it aim to achieve?
• How much notice is considered adequate in order to serve someone in the U.S.?
• What are some limitations on recognizing foreign judgments in the U.S.?
• Why aren't judgments that are meant to be fines or penalties enforceable?
• What is the Fair Use Doctrine in Copyright Law?
• Is judgment enforcement different in each country? How so?
• What to remember when drafting a contract between your business and a foreign entity
• Why is it important for business leaders to think about how to handle their assets?

Resources Mentioned:

Neil's article

Contact Information:

Neil's Sheppard Mullin attorney profile

Email: [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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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.

This episode originally aired as Episode 40 on June 19, 2019

Less than a year following our first discussion about the U.S.- China trade war, we're revisiting the topic with former guest Scott Maberry. We're examining whether fears of China becoming a dominant world economic player are as accurate and threatening as many believe. We're also taking a closer look at some of the unanticipated and unexpected effects of the U.S.'s dealings (or lack thereof) with China.

Joining me is Scott Maberry. Scott is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. Scott counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies including antidumping and countervailing duty (AD/CVD) matters, and Customs.

What We Discuss in This Episode:

• What is a trade war as we see it playing out in current times?
• What are the U.S.'s goals in having initiated the current trade war?
• Is the perceived trade deficit in the U.S. as bad as it seems?
• Why the goal of eliminating the trade deficit with China is not the right goal
• Does China have a strategy for world economic dominance?
• Can there be more than one dominant economic hegemon in the world?
• Why the old ways of cooperation between the U.S. and China no longer work
• How can China use the debt market power it currently holds to harm the U.S.?
• What is China's take on the trade war?
• The extraordinary circumstances surrounding the U.S. population's acceptance of the burden of increased tariffs
• Could there be entirely unanticipated winners and losers in this trade war?

Contact Information:

Scott'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.