Sheppard's Nota Bene

If your organization and its leadership have reached a point where you're considering accepting foreign investment money, what do you need to know about recent changes in foreign investment control laws that might affect your decision making? In this episode, we cover what you need to know about the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) in order to remain compliant with modern foreign investment laws.

I'm joined by Curt Dombek, a partner in the Government Contracts, Investigations & International Trade Practice Group at Sheppard Mullin. Curt divides his time between the firm's Brussels and Los Angeles offices. He currently serves on the Regulations and Procedures Technical Advisory Committee of the Department of Commerce.

What We Discuss in This Episode:

• What are foreign control regulations and what is the Committee on Foreign Investment in the United States (CFIUS)?
• Why does foreign investment in US companies require greater scrutiny than investment in US real estate?
• What types of investments trigger mandatory filings under FIRRMA?
• What areas of technology fall under the purview of FIRRMA?
• How to distinguish passive investments from other involvements that affect more substantive decision making
• What led to increased scrutiny and the tightening of security against foreign investments?
• Should US companies be concerned with China and Europe seeking to advance in technology?
• How the current administration has changed the definition of national security
• How are similar investment rules developing in Europe and China?
• Is there concern that some country will use "national security" as an excuse to restrict trade?
• The 3 areas business executives should pay attention to the most when exploring foreign investments

Resources Mentioned:

US Foreign Investment Act

Foreign Investment Risk Review Modernization Act of 2018

Export Administration Regulations

Contact Information:

Curt'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, or Google Play. 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.

Foreign investments might be the most impactful international trade matter affecting multinationals. So what do business executives need to know about changes in foreign investment control laws?

There's a lot of sensationalism in the American political climate these days. The tone of discourse and the portrayal of Washington in the media has shifted. It's important to re-center ourselves and refocus our attention on the fact that the government does (and can!) function properly. Drawing on the Clinton Administration as an example, we see that it's possible for the government to pass significant legislation, many of which affect multinationals, even when the government appears to be in disarray.

Joining me to explore this topic further is my guest, Elizabeth Frazee. Named a "Top Lobbyist" by The Hill newspaper, Elizabeth 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:

• Has everyone in Congress lost their heads or is there still some sense of business as usual?
• Looking at the Clinton Administration, there was much chaos during the impeachment proceedings and yet, significant legislation was still passed
• What the active agenda is that has been set by three top Democratic Congressmembers
• Why we often see bipartisanship on the business issues even when there is partisanship on the political issues
• Will the change in the House of Representatives, with Democrats taking control, affect the C-Suite?
• How and where does Congressional oversight begin?
• The format that Congressional oversight hearings take
• When it comes to consumer expectations regarding privacy, what position is Congress taking on the sharing of information and collection of data via technology?
• Will the seemingly negative discourse around governmental relations affect the real business of Congress?

Contact Information:

www.twinlogicstrategies.com

[email protected]

Twitter: @efrazeedc

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, or Google Play. 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.

Despite the apparent disarray currently taking place in Congress, is it still business as usual?

The healthcare industry in the U.S. is different than the healthcare systems of just about every other country in the developed world. As the industry continues to evolve with the injection of private funds and the changing roles of physicians, we're exploring how the changes in this sector impact antitrust laws. Furthermore, we're highlighting what business leaders should know about the changes in this industry.

Joining me to share his deep insight on competition laws in the healthcare industry is David Garcia. David is a partner in Sheppard Mullin's Century City office, where he is also the Office Managing Partner. He is a litigator with a broad background in complex civil litigation for major U.S. companies, including extensive class action and multidistrict litigation experience. His practice focuses principally on antitrust litigation and counseling with particular emphasis on the entertainment industry, healthcare litigation and mergers and the intersection between antitrust and intellectual property in litigation and joint ventures.

What We Discuss in This Episode:

• What does antitrust have to do with healthcare?
• Why is it that mergers and acquisitions in this industry are astoundingly high?
• Where are many of the mergers and acquisitions in healthcare occurring?
• How has private equity and venture capital money transformed the healthcare industry?
• Categorically, who are the major players in this sector?
• What is the difference between in-patient and out-patient care?
• How what it means to be a doctor in the U.S. has changed fundamentally
• How has the aging population driven the increase of government expenditures?
• What is "managed care" and how does it affect antitrust laws?
• Should concentrated markets be avoided?
• The nature of horizontal and vertical consolidation in the healthcare industry

Resource:

David's article - Amex Ruling May Have Big Impact on Health Insurance

Contact Information:

David'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, or Google Play. 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.

The healthcare industry is transforming due in no small part to mergers and acquisitions and the injection of private funds. So how do these changes impact antitrust rules and businesses?

We are currently experiencing history in the making with the longest government shutdown to date. Jonathan Meyer joins us to shed light on what is happening in Washington D.C. with the shutdown and how that is affecting and will affect government employees and businesses.

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:

• How the Food and Drug Administration is affected by the government shutdown
• What really happens when a government shuts down?
• What's the difference between a partial and complete shutdown?
• Which departments have been most negatively affected by the shutdown?
• Which departments remain open?
• How does the shutdown impact the work that governmental departments carry out?
• How will regulatory functions of various government departments directly impact C-Suite members
• Why the shutdown is more costly for the government and the economy than keeping agencies functioning as usual
• If the shutdown continues, what will happen to the economy?
• What are the different types of employees?

Resources Mentioned:

Episode 17 with Jonathan Meyer

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, or Google Play. 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.

Jon Meyer joins us again in this timely episode to explain what the current government shutdown means for businesses.

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 Episode 13, I spoke with Morgan Forsey about how human capital is redefining 21st century workplaces. We explored the use of arbitration clauses in employment agreements from a policy perspective and perception perspective. Morgan and I also discussed the importance of conducting due diligence when it comes to equal pay and how companies can avoid risk in this area.

In Episode 14, I spoke with Paul Werner about the essentials of net neutrality, its origins, and its role in today's world. We explored the reasons in favor of and against internet regulation.

In Episode 15, I was joined by Sarah Aberg and we discussed three important developments C-Suite members should know about insider trading. Sarah shared her insight on short swing trades and various enforcement trends the government is currently using.

In Episode 16, I spoke with William Kruse about a law business within a business and in-house counsel's changing value and role. We had a fascinating discussion about in-house counsel's effect on decisions relating to supply chain and sales expansion around the world.

In Episode 17, I was joined by Jonathan Meyer and we discussed the myths of Congressional oversight. Jon and I explored the exact powers and authority of Congress in order to clarify several misconceptions that seem to be circulating.

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, or Google Play. 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 human capital and its role in 21st century businesses, net neutrality and whether the internet should be regulated, what constitutes insider trading, how the role of in-house counsel is changing, and what Congressional oversight entails.