Sheppard's Nota Bene

There has been a resurgence and renewed vigor in the new economy securitization market, particularly on the U.S. west coast which has become the hub of FinTech activity. We're exploring this changing landscape of the securitization market with the increase of access to information through technology and the uptick in FinTech companies.

Joining me for this conversation is Colleen McDonald. Colleen is a seasoned securitization and structured finance attorney with significant market know-how in terms of both working capital financing and capital markets transactions. Colleen works with banks, marketplace lenders and alternative capital providers, fintech companies, sellers and investors to structure debt transactions utilizing cash-flow generating assets in all stages of development. Colleen, and her colleagues in Sheppard Mullin's Financial Services Group, help clients navigate the U.S. regulatory structure particularly as it relates to lending products.

What We Discuss in This Episode:

• What is structured finance and securitization?
• Why securitization is important for the credit industry in the U.S.?
• Where do the risks lie with structured finance?
• What is the minimum "skin in the game" in a typical securitization?
• How did the 2008 financial crisis affect the decline of securitization?
• Is securitization making a comeback in San Francisco?
• Has access to technology and artificial intelligence affected secured transactions?
• How are FinTech companies in San Francisco changing the landscape of securitization?
• Why FinTech companies are ripe for entering into this space?
• Who are the non-bank lenders now and how are they making a comeback?
• Are other countries approaching securitization in a similar way as the U.S.?

Contact Information:

Colleen'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.

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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 exploring the excitement that is stirring up around the resurgence in securitization spurned by San Francisco’s FinTech sector and its impact.

Some of the world's biggest tech companies, like Apple, Facebook, and Google, are facing much criticism about their size and behavior. Much of the criticism is from the U.S. Congress. In this episode, we're exploring the current state of Big Tech growth, the history and development of antitrust laws, and how the U.S. government is dealing with these major tech players.

Joining me in this episode is Tom Dillickrath. Tom is an Antitrust & Competition partner in Sheppard Mullin's Washington, D.C. office, focusing on antitrust litigation and merger investigations. Prior to joining the firm, he served as Deputy Chief Trial Counsel at the Federal Trade Commission's Bureau of Competition. During his time at the FTC, Tom litigated antitrust cases brought by the FTC involving mergers and acquisitions and other business practices affecting U.S. consumers.

What We Discuss in This Episode:

• What's driving the Big Tech antitrust concerns?
• Why the measurement for antitrust matters is consumer welfare?
• What is the "new school of thought" regarding Big Tech companies?
• Why are companies pouring millions of dollars into innovation?
• Quick history lesson as to why antitrust laws were developed to begin with
• Was there ever a world where small mom and pop brands were on equal footing as bigger companies?
• Is there an element of politics and morality in antitrust laws and their development?
• What are "command economies"?
• What is the rule of law as it is applied to monopoly behavior?
• What does it mean to have market power?
• What is the process the FTC goes through to investigate mergers?
• Which of the major tech companies will governmental agencies be looking at?
• How can you change antitrust laws in the U.S.?

Resources Mentioned:

The Curse of Bigness – Professor Tim Wu

Contact Information:

Tom's Sheppard Mullin attorney profile

Tdillickrath @sheppardmullin.com

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.

America’s antitrust regulators and the American Congress are turning an old antitrust “big is bad” lens toward Big Tech, bringing into question the past 40 years of American antitrust experience based on a consumer welfare standard.

In what is being called the largest admissions scams in U.S. history, referred to as the Varsity Blues Scandal, at least 50 people, including celebrities, were charged with felonies. The scandal shook the American people's beliefs in the integrity of higher education institutions.

My guest today, Joseph Jay, author of Bloomberg Law article titled, "I Helped Investigate 18 Years of Paper Classes at UNC – Lessons for the Admissions Scandal," joins me to highlight lessons learned from his work on the University of North Carolina paper class scandal. We explore the takeaways from these scandals and what C-Suite members can learn from how colleges and universities responded to the scandals.

Joseph Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin's Washington, D.C. office. Joe'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 led Joe to write the Bloomberg Law about the admissions scandal?
• What was the Varsity Blues Scandal?
• What is the first step in responding to a scandal like the one in higher education?
• How does an organization remain calm and not get caught up in the media frenzy that often follows high profile scandals?
• What is a "holding statement" in a time of crisis?
• After pressing pause on the surrounding chaos by issuing a holding statement, what is the next step in assessing the problem?
• Since universities tend to be more public than private organizations, what differences exist between how the two institutions handle crises?
• Are university leaders being disingenuous when they say they want to "get to the bottom" of the problem?
• What's the best way to rebuild trust with stakeholders?
• What is the impact of universities and their behavior in our societies?
• Are universities so focused on securing student dollars that they are abandoning their missions?
• What is the one thing that gets organizations in trouble the most when addressing a crisis?

Resources Mentioned:

Joseph's Bloomberg Law's article

Contact Information:

Joseph'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:

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.

If your organization is faced with a scandal, what is the best way to address the situation, speak with the media, and repair the organization’s reputation?

As we enter the third quarter of 2019, we're joined by our Executive Branch expert, Jon Meyer, to look at anticipated happenings during the second half of the year including what to expect from Mueller's testimony, the Congressional fiscal cliff, the results of the 2017 tax cuts, the Supreme Court's decisions regarding gerrymandering and its effect on the right to vote, and election year paralysis.

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 the most prominent item on the Executive Branch's upcoming list in Q3?
• Why did Mueller change his mind about testifying?
• Is Mueller likely to testify about anything new that is not mentioned in his report?
• Will Mueller's testimony even matter? Will his testimony sway the American people's opinions of what happened?
• Will there be any substantive progress made when it comes to the fiscal cliff or will there simply be a temporary band-aid to get us through the next election?
• What predictions are made in the recent Congressional Budget Office report regarding the economy?
• Did the 2017 tax cuts accomplish their intended objectives?
• What is most striking about the Supreme Court's ruling regarding political gerrymandering?
• Is the best way to address the gerrymandering issue to vote on it through elections on the State level?

Resources Mentioned:

Congressional Budget Office report

Congressional Research Service report

Contact Information:

Jonathan'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.

We’re looking forward to Q3 in the Executive branch and exploring the upcoming Mueller testimony, the Congressional fiscal cliff, the recent gerrymandering Supreme Court decision, and election year paralysis.

It's the start of Q3 of 2019 and we're looking back on the accomplishments of the 116th Congress during the first six months of the year. Also, my guest, Elizabeth Frazee, is returning to the show to share her insight on what's ahead for the U.S. Congress.

Elizabeth Frazee 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.

What We Discuss in This Episode:

• What has Congress accomplished during the first six months of 2019?
• In what areas has Congress acted quickly?
• How has Congress addressed the humanitarian crisis happening at the U.S.-Mexico border?
• Will trade negotiations be at the forefront of discussions during the G20 Summit?
• What will happen with the ban on Huawei and security issues in the U.S.?
• Will the United States-Mexico-Canada Agreement (USMCA) make its way through Congress before the August Congressional recess?
• How should differing bills passed by the House of Representatives and the Senate be dealt with and worked through?
• The divide that exists when it comes to the Border Bill and Nancy Pelosi's efforts in this humanitarian crisis
• How can multinationals speak up and make their voices heard regarding today's issues?
• What is Congress's view on the economy and the impact of technology on the workforce?

Contact Information:

[email protected]

www.twinlogicstrategies.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.

What can we anticipate from Congress during Q3 when it comes to the humanitarian crisis at the U.S. border, trade negotiations at the G20 Summit, and government funding?