Sheppard's Nota Bene

With the new European Commissioner gearing up to begin her five-year leadership term and a Brexit deal on the horizon, we're checking in on the state of affairs in the European Union ("EU") with our two EU experts, Isabelle Rahman and Oliver Heinisch.

Isabelle Rahman is a partner in the Antitrust and Competition Practice Group in the firm's Brussels office. She has substantial experience in the application of the EU competition rules and represents clients active in the airline, chemical, consumer products, food, life sciences/pharma, fashion, entertainment and media industries, among others.

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's going to happen now that the Commission's mandate has come to an end after 5 years?
• What will be the key focus for the European Commissioner in the new term?
• What is the significance of a woman leading the European Commission ("EC")?
• What types of checks and balances exist within the EC?
• What is the greatest accomplishment of the EC in the past few years?
• Why the adoption of the GDPR is one of the regulations that the EU got right?
• How will big tech companies be treated by the EC going forward?
• Will Brexit have any affect on the strength of decision making in the EU?
• What's the latest with Brexit anyway?
• Is there concern that the United Kingdom will become a competitor to the EU?
• What incentive is there for the EU to want to make a deal with the UK?
• Is Brexit likely to impact any industries in particular?

Contact Information:

Isabelle's Sheppard Mullin attorney profile

Oliver'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.

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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 49, we addressed the economics of healthcare consolidation with Dr. Susan Manning. Susan shared how the healthcare sector is redefining its mission and discussed the increase in consolidation in this space. For such a powerful industry, where can accountability be found?

In Episode 50, we discussed who is filling the international divergence in climate change regulation with Nico van Aelstyn. Nico explained the current administration's rollbacks of the prior administration's regulations and how local and subnational governments are stepping up to address climate concerns. Are the states divided when it comes to climate issues? What can be done?

In Episode 51, we explored the four fundamentals of a corporate governance crisis with John Tishler. John addressed the challenge of a crisis within the C-Suite itself relating to governance of the organization. He also shared the four fundamentals of how to handle this type of sudden event.

In Episode 52, we tackled technology and the changing music industry with Sid Fohrman. As one of the U.S.'s top music attorneys, Sid joined us to describe the resurgence in the music industry driven by technology. He also discussed the fascinating change in the relationship between various players in the music industry.

In Episode 53, we conducted our quarterly check-in on the U.S. Congress and U.S. Executive Branch with Elizabeth Frazee and Jon Meyer. Elizabeth and Jon discussed the impeachment process and its likely affect on getting anything done in government, including the USMCA negotiations and governmental fiscal decisions.

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.

Elizabeth Frazee and Jon Meyer join us with updates on the Legislative and Congressional branches of government. We discuss the current Presidential impeachment inquiries, the USMCA deal status, and how the impeachment inquiry will affect the government's ability to get work done.

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 Discussed in this Episode:

• How is the current Presidential impeachment inquiry being handled on both sides of the aisle?
• Will impeachment inquiries affect other Congressional matters that need attention?
• What is the status of the US-Mexico-Canada Agreement (USMCA)? How might impeachment inquiries affect its passage?
• What is it about the President's conversation with Ukraine's President that set off impeachment alarms?
• Is there a benefit to launching an impeachment inquiry, even if it doesn't lead to an actual impeachment process?
• What interest does the President have in moving the USMCA deal along?
• How has China's ascent placed more pressure on this administration?
• How is funding looking right now and what could happen if appropriations aren't passed?
• What does the Constitution have to say about the impeachment process?

Contact Information:

Elizabeth's email - [email protected]

www.twinlogicsstrategies.com

Jon's Sheppard Mullin attorney profile

Jon's 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.

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

LinkedIn

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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 technology continues to grow and evolve, its impact on the music industry and the way artists create and distribute their art has been monumental. In this episode, we're exploring the changes that are taking place in the music industry brought about by the rise of streaming services, the proliferation of artists, and new laws and regulations.

Joining me for this conversation is Sid Fohrman. Sid is a partner in Sheppard Mullin's acclaimed Entertainment and Digital Media Practice Group and Leader of the firm's Music Industry Team, and Leader of the firm's Esports Industry Team. Sid represents a diverse client base comprised of public and private companies, on and off-screen talent, artists, influencers, and entrepreneurs across the full spectrum of the entertainment industry, including, music, esports, fitness, sports, technology, event, film and television industries.

What We Discuss in this Episode:

• What is causing the current growth in the music industry?
• What accounts for 75% of increase in revenue in this space?
• How has technology spurred the growth and popularity of streaming services?
• How has tech altered the production and distribution of music by artists?
• What are the pros and cons of having a lower entry to barrier for musicians to produce music?
• How has traditional broadcasting media like radio been affected by streaming services?
• What is the Music Modernization Act and how has it affected music publishing owner information?
• Can blockchain technology find its way into the music industry?
• Is there a willingness to license new technologies as they evolve and develop?
• What are the new ways of monetizing music assets?

Resources:

Recording Industry Association of America reports

"Blockchain. Bringing A Chorus of Cheers to the Music Industry," , Law of the Ledger: Blockchain Law Blog Post, October 1, 2018, by James Gatto, Sid Fohrman, and Alexandra Bear

Contact Information:

Sid's Sheppard Mullin attorney profile

[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:

LinkedIn

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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.

We've explored the topic of crisis management in a prior episode but now we turn our attention to how C-Suite members can handle crises when they're within their own governance structure. What happens when a company's Board of Directors must step in to help lead the organization in a time of change? Whether you're a company of two or 20,000, we're discussing what corporate leaders need to know to survive this time of change.

Joining me for this lively conversation is John Tishler. John is a partner in the Corporate Practice Group in Sheppard Mullin's San Diego office. His practice encompasses domestic and international capital markets, corporate finance, corporate governance, business transactions, mergers and acquisitions and technology.

What We Discuss in this Episode:

• What is a governance crisis and how common is it?
• Why Board of Directors are often unprepared to step in during a governance crisis?
• What type of organizations need counseling when it comes to crises?
• Are solutions for smaller organizations the same as for larger ones?
• What are the four fundamentals of the practice of governance crisis?
• What is considered a successful maneuvering of a crisis?
• Along with lawyers, what other professionals are needed to complete the team assisting with a crisis?
• While in a moment of crisis, what are some qualities desired of those leading the change?
• Is an outside lawyer necessary or can issues be appropriately handled internally?
• In closely held corporations, how are crises addressed differently than in general corporations?
• How similar are governance crises to personal existential crises that individuals experience?

Resources Mentioned:

NB Episode 45 - Management crisis

Contact Information:

John's Sheppard Mullin attorney profile

John's cell phone number: (619) 787 6112

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.

With crucial existing environmental regulations being threatened with rollbacks by the government and the Earth's sustainability becoming more dire, the Federal government, the states, and businesses are in a head to head battle for the future of environmental policies. Is there hope for our planet?

My guest in this episode is Nicholas W. ("Nico") van Aelstyn, a partner in the Real Estate, Land Use and Environmental Practice Group in the Sheppard Mullin San Francisco office. Nicholas has more than 25 years of environmental counseling and litigation experience. His environmental compliance counseling practice focuses on climate change, Brownfields redevelopment, sustainability and other regulatory and transactional matters.

What We Discuss in This Episode:

• What are the suggested rollbacks as they pertain to existing U.S. environmental policies?
• How can Congressional acts be challenged in court or by the Executive Branch?
• What role do states play in challenging Executive action?
• Why is regulating tailpipe emissions important?
• How does a rollback of the tailpipe emission standards affect the automotive industry?
• Why did the antitrust department of the Department of Justice launch an investigation into four U.S. automakers?
• How are some states taking action on their own to deal with changes in environmental regulations?
• Should there be a price on carbon emission by companies?
• How are local organizations and corporations stepping up and organizing in response to climate change?
• What are international organizations doing to address climate issues?
• Despite the devastating fires in the Amazon forest, is there a silver lining when it comes to preserving the forest?

Resources Mentioned:

Paris Agreement

IPCC

Making Sense Podcast with Sam Harris

Contact Information:

Sheppard Mullin attorney profile

LinkedIn

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:

LinkedIn

Facebook

Twitter

Sheppard Mullin website

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

We're celebrating our one year anniversary on the podcast! Thank you for listening and supporting this show over the past 49 episodes.

As the healthcare industry redefines their missions, their services, and the delivery of their services, we're exploring the economic factors driving consolidation in the healthcare industry.

Joining me is economist Susan H. Manning, Ph.D. is a Senior Managing Director at FTI Consulting, based in the Washington D.C. office. She is Chief Operating Officer in the Center for Healthcare Economics and Policy within the Economic Consulting segment. Dr. Manning has over 30 years of economics and litigation consulting experience, including extensive expertise in antitrust, mergers and acquisitions, international trade, and regulatory policy analysis.

What We Cover in This Episode:

• What are the overarching trends in consolidation in the healthcare industry?
• Who are the new players entering the healthcare market?
• What factors are driving the consolidation?
• Why is scale important and needed to deliver the type of healthcare services patients are expecting?
• How are physicians and hospitals becoming more proactive in managing societal health?
• What is population management in healthcare? What factors must be considered?
• How are hospitals using predictive analytics to determine the characteristics of their patient population?
• How has consolidation impacted the competitive landscape in the healthcare industry?
• Are there limitations to capturing accurate statistics on the effects of hospital consolidation?
• Do acquiring hospitals have their own analytics and information on improvements?
• What are the five basic types of the reform proposals that are being considered?

Resources Mentioned:

Solvable Podcast

Susan's articles

Contact Information:

[email protected]

www.fticonsulting.com

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:

LinkedIn

Facebook

Twitter

Sheppard Mullin website

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

We’re exploring the economics of the consolidation trend in the healthcare industry.

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 43 and 44, we conducted our quarterly check-ins with our Legislative and Congressional experts, Elizabeth Frazee and Jonathan Meyer, respectively. Elizabeth described the seemingly unprecedented temperament and environment in Washington DC. She also updated us on ongoing trade deals between the U.S. and Mexico, cybersecurity, and the minibus appropriations discussions. Jon covered the Mueller testimony, the fiscal cliff, and whether or not the 2017 tax cuts have had any impact on the economy.

In Episode 45, we explored some lessons learned from the college admissions scandals with Joseph Jay. Joe described the steps a company can take if it finds itself in a crisis situation, including issuing holding statements.

In Episode 46, I discussed America's existential antitrust crisis with Tom Dillickrath and dove into policy makers' obsession with big tech companies. We debated whether the attention from Congress and the two antitrust enforcement agencies will matter?

In Episode 47, we talked all about capital with Colleen McDonald and she addressed the resurgence in securitization driven by San Francisco's FinTech corridor and all of the exciting opportunities on the horizon for structured finance.

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:

LinkedIn

Facebook

Twitter

Sheppard Mullin website

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

We’re reflecting on the last 5 episodes and extracting the salient lessons about the ongoing U.S.-Mexico trade deals, minibus appropriations, the fiscal cliff, trade wars, America’s antitrust crisis, and the resurgence of securitization.