Sheppard's Nota Bene

In this episode, we speak with Lisa Fine of Pearson PLC, and co-host of the Great Women in Compliance podcast. We discuss how companies can maintain vibrant compliance programs in an increasingly complex world.

What We Discussed in This Episode:

• How do the best companies assess business risk and legal risk together?

• How does a deep understanding of the organization's culture help in creating the compliance program?

• How do compliance professionals stand their ground even while empathizing with the business?

• What are the pros and cons of using outside counsel for compliance investigations?

• How can outside attorneys add value and help with business strategy?

• How do you ensure compliance training programs are effective?

• How do you empower ethical decision-making in an organization?

• What are some takeaways from your book, "Sending the Elevator Back Down: What We've Learned From Great Women in Compliance"?

• What should we all be doing to help others in our professional communities?

About Lisa Fine

Lisa Fine is a compliance leader with extensive experience in compliance strategy, including risk management and mitigation, internal investigations, and implementing and growing compliance programs. As Global Head of Investigations and Fraud for Pearson, the world's leading learning company, she is involved in all aspects of the ethics and compliance program, including developing policies, risk assessment training, communications, and due diligence.

In addition to co-hosting the "Great Women in Compliance" podcast, where women compliance practitioners are interviewed and discuss their experiences, advice and substantive expertise, Lisa also co-authored "Sending the Elevator Back Down: What We've Learned From Great Women in Compliance." She has spoken at conferences in the United States and Europe and regularly consults with and mentors other women in the field of compliance and those starting their careers

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury's Office of Foreign Assets Control (OFAC), the Department of Commerce's Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Lisa Fine

J. Scott Maberry

Resources:

Great Women in Compliance

Sending the Elevator Back Down: What We've Learned From Great Women in Compliance.

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

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

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 episode, Sheppard Mullin attorneys Melissa Eaves and Ray Marshall join host Scott Maberry to explore how the best companies in the world are navigating between directly conflicting regulatory guidance on Environmental, Social and Governance initiatives.

What We Discuss in this Episode:

• What is the SEC doing regarding Environmental, Social and Governance (ESG) investing right now?

• What are state legislatures and Attorneys General doing?

• How do these enforcement contradict each other, and what should companies do?

• What should companies be doing to reduce the potential for ESG-related enforcement actions?

• How does "greenwashing" open the door to civil litigation?

• What steps should companies and investors take to mitigate risk in this complicated environment?

About Ray Marshall

Ray Marshall is Of Counsel in the Governmental Practice in Sheppard Mullen's San Francisco office, where his practice focuses on White Collar and Investigations, Fiduciary Duties, and Environmental, Social & Governance issues.

Ray represents clients in both complex business litigation and white-collar defense. He has conducted a wide array of internal investigations and company inquiries, including cases alleging insider trading, stock options backdating, securities fraud, accounting irregularities, antitrust violations, public corruption, FCPA and other corporate and individual wrongdoing. He has represented clients in civil, criminal and administrative proceedings brought by governmental authorities, including the Department of Justice and the offices of various U.S. Attorneys, State Attorneys General and District Attorneys.

In addition to serving on Sen. Dianne Feinstein's Judicial Advisory Committee for the Northern District of California, Raymond also serves as an adviser to the American Law Institute on the Model Penal Code Sentencing Project. He is past-President of the ABA Retirement Fund Board of Directors, a past member of the ABA Standing Committee on Federal Judiciary, and former president of both the State Bar of California and the Bar Association of San Francisco. In 2004 and 2007, he was appointed by Chief Justice Ronald M. George to chair the California Supreme Court's Advisory Task Force on Multijurisdictional Practice.

In addition to his professional affiliations, Ray is extremely active in community affairs, serving on the boards of the Giffords Law Center, the Equal Justice Society, the United Negro College Fund, and HomeBase/The Center for Common Concerns. In March 2009, he argued on behalf of five of the leading civil rights groups in the country (Asian Pacific American Legal Center, California State Conference of the NAACP, Equal Justice Society, Mexican American Legal Defense and Educational Fund, NAACP Legal Defense and Educational Fund) before the California Supreme Court, arguing that allowing Proposition 8 (a proposition which sought to outlaw gay marriage) to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.

About Melissa Eaves

Melissa Eaves is Special Counsel in the Governmental Practice in Sheppard Mullen's Los Angeles office. Melissa currently focuses her practice on complex civil litigation, fraud, investigations white collar criminal defense and False Claims Act litigation. She has substantial experience in compliance investigations, fiduciary counseling, ESG, American with Disabilities Act, FTC, SEC and TVPRA/human trafficking litigation.

Melissa has successfully represented numerous individuals and entities in connection with a wide range of federal and state investigations and prosecutions. In civil litigation, she has successfully represented both clients in both state and federal court.

In addition to complex litigation and white collar defense work, Melissa handles internal investigations for companies. She is an experienced and skilled investigator, handling investigatory matters involving whistleblower claims, harassment and workplace misconduct, criminal misconduct, and healthcare fraud. She has also worked with governmental agencies such as the OIG, DOJ, FTC, SEC, and HHS in connection with such investigations.

Melissa was part of the team that recently won a complete defense victory in a human trafficking case, and she has also obtained complete defense verdicts in trials involving ADA claims. In addition, she has represented the California Insurance Commissioner in the Executive Life Insurance Company, First Capital and Mission Insurance Group insolvencies and reinsurance litigation, involving over 300 reinsurers worldwide, representing recoveries in excess of $1.3 billion. Melissa has substantial litigation experience in both state and federal courts, including the U.S. Supreme Court, enforcing judgments abroad and supervising of domestic and foreign outside counsel.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury's Office of Foreign Assets Control (OFAC), the Department of Commerce's Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information:

Melissa Eaves

Raymond Marshall

J. Scott Maberry

Resources:

Goldman Sachs SEC Settlement (2022)

BNY SEC Settlement (2022)

Texas AG Letter

ISS Response

Glass Lewis Response

BlackRock Letter

Kentucky AG Opinion

Kentucky AG Letter

Washington DC AG Letter

ClientEarth Lawsuit Against Shell

BNP Paribas Case

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

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

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 episode, Paul Kim, a partner in Sheppard Mullin's Corporate and Securities Practice Group, joins host Scott Maberry to discuss recent developments in international policy and law impacting the U.S.-South Korea relationship, including the business significance of President Yoon Suk Yeol's state visit, the North Korean nuclear threat, and efforts to contain China.

What We Discussed in this Episode:

• What message is Korea sending by bringing the largest Korean companies on the State visit to the United States?

• What is the state of the North Korean nuclear threat and the allied response?

• What are some other key aspects of the comprehensive strategic alliance between the U.S. and South Korea?

• What are the allies doing to contain China from both a security and economic perspective?

• Where does South Korea's relationship with Japan stand?

• What's South Korea's position on the Russian invasion of Ukraine?

• What discussions will the United States and Korea have regarding electric vehicles, semiconductors, and batteries?

• What is the South Korean perspective on the CHIPs Act and Inflation Reduction Act?

• What is the South Korean business climate right now?

• What are the hottest issues for global companies doing business in South Korea and Asia?

• The last time you were our guest in early 2020 (Episode 69), you made a very accurate prediction regarding a novel virus then circulating in China. Are there any other events you see on the horizon?

About Paul Kim

A partner in Sheppard Mullin's Corporate and Securities Practice Group, Paul Kim also serves as Office Managing Partner and representative, foreign legal consultant for the firm's Seoul office.

Paul's practice focuses on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes. He has more than 25 years of experience representing a diverse range of clients operating in numerous industries and in many countries, practicing in New York for over 20 years before relocating to Seoul. His clients include private equity funds and investment managers, industrial and manufacturing companies, pharmaceutical and biotech companies, and commercial banks and other financial institutions.

Paul has particularly broad experience representing Korean, European and U.S. clients in complex multi-jurisdictional transactions, restructurings and other matters, and has been recognized on multiple occasions by Chambers Global, Chambers Asia Pacific and Asian Legal Business.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury's Office of Foreign Assets Control (OFAC), the Department of Commerce's Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information:

Paul Kim

J. Scott Maberry

Resources:

U.S. Legal Insights for Korean Businesses

Nota Bene Episode 69 (02.12.2020): Asia Check In: The Coronavirus's Impact on Business, the Trilateral Summit, and Japan's Criminal Justice System with Paul Kim

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

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

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 episode, futurist Gerd Leonhard, founder of The Futures Agency, joins host Scott Maberry to discuss the future, including the role of futurism in corporate strategy, and how multinational companies should be planning for the "good future."

What We Discussed in This Episode:

• What are the tools for futurism, and how do they apply to running a global business?

• Why is it accurate to say "the future is now?"

• How did the Good Future Project come about? What is it?

• What are some of the mindsets or impediments that prevent good insight into the future?

• What can be done to reduce or mitigate the fear mindset?

• What are the links between your first profession, music, and your current calling as a futurist?

• What's the role of futurism in thinking about global trade, globalization, and the green revolution?

• For large multinational companies, how should the C-suite be planning for the future we're going to experience?

About Gerd Leonhard

Gerd Leonhard is a globally recognized and top-rated futurist, humanist, author, film producer, and TV host. Pursuing the concept of "practical wisdom," he forgoes the all-too-common techno-optimism in favor of progressive humanism, balancing exponential technological progress with human needs. Gerd zeroes in on what the future holds for humanity and how we will create the future we want (rather than just the one we could have).

A musician by origin and a digital music entrepreneur in the 1990s, Gerd is the author of five books, including the bestseller The Future of Music and his latest work, Technology vs. Humanity, a ground-breaking exploration of the mega-shifts that will radically alter society, the economy, values, and even human biology. He is also considered one of the most remarkable and unique keynote speakers in the world today, having so far appeared - virtually and in-person - before a combined audience of over 2.5 million people in 50+ countries.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury's Office of Foreign Assets Control (OFAC), the Department of Commerce's Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information:

Gerd Leonhard

J. Scott Maberry

Resources:

The Good Future Project

Books by Gerd Leonhard

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

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

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 episode, Andreas Stargard, a co-founding senior member of Primerio, joins host Scott Maberry to discuss recent international law and policy developments in Africa, including the competition for business on the continent, the anticipation of further AfCFTA integration, and the evolving antitrust enforcement environment.

What We Discussed In This Episode:

• With the United States, China, and Russia in a race for business on the continent, how would you describe the big picture?

• Where does the African Continental Free Trade Area (AfCFTA) stand, and what are its implications?

• What's behind the recent meeting of African antitrust enforcers in Egypt?

• How does increased cooperation among African antitrust enforcers redefine the way we do business in Africa?

• What's the state of M&A approvals in African jurisdictions?

• What's the state of anti-corruption enforcement in Africa?

• What should we be watching in regards to digital markets and payments?

• Given the fallout from the FTX implosion, do you anticipate greater regulation of the crypto-verse in Africa?

• How might factors outside the sphere of traditional antitrust law impact Africa's enforcement regimes?

• What should businesses be doing to prepare for an evolving enforcement environment in Africa?

About Andreas Stargard

Andreas Stargard is a co-founding senior member of Primerio, a boutique law firm focused on the African continent. With two decades of experience in antitrust and competition law and commercial litigation, he serves as a legal, strategic, and business advisor to companies and individuals across the globe. His focus areas include antitrust and competition advice, white-collar counseling, contract litigation and negotiation, and resolution of global business disputes, including cartel work. Andreas also advises clients on corporate compliance programs that conform to local and global governance standards, and he has handled key strategic merger-notification issues, including evaluation of filing requirements, avoidance strategies, and cross-jurisdictional cooperation.

Andreas writes and speaks extensively on business litigation, antitrust, and competition-law issues. He is also the Editor-in-Chief of AfricanAntitrust.com and AfricanAntifraud.com, leading online resources on African competition law and anti-corruption matters across the continent.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information:

Andreas Stargard

J. Scott Maberry

Resources:

AfricanAntitrust.com

AfricanAntifraud.com

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

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

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 episode, Sheppard Mullin partner Oliver Heinisch joins host Scott Maberry to discuss international law and policy trends in Europe, including the race for green energy, greater protectionism, and the outlook for competition enforcement.

What We Discussed in This Episode:

• What are some implications of new signs of protectionism between the EU and the United States, particularly in terms of the green energy transition?

• How will green energy subsidies work under the new EU's Foreign Subsidies Regulation?

• How does the EU expect to subsidize the green energy transition, and at the same time consider punishing subsidies by the United States under the Inflation Reduction Act?

• How should companies be preparing for the EU Foreign Subsidies Regulation?

• What are the emerging issues in competition enforcement in the United States and EU?

• Where do you see Foreign Direct Investment Controls heading and how does that add to the complexity of doing business in Europe?

• What's the Digital Markets Act process?

• What is the General Data Protection Regulation (GDPR) and how is it being enforced?

About Oliver Heinisch

As a partner in the Antitrust & Competition Group practicing out of Sheppard Mullin's London and Brussels offices, Oliver Heinisch 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 advises on the interface between intellectual property and competition law, mainly in the context of complaint cases, investigations of competition authorities and intellectual property litigation.

While most of Oliver's clients are technology, consumer electronics and life sciences companies, he also works with financial services, private equity, insurance, automotive, industrial, fashion and food clients. In addition to counseling clients on distribution agreements, parallel imports, IP licensing, R&D and cooperation arrangements, Oliver also assists companies working to comply with EU product regulations, particularly in the area of medical devices, pharmaceuticals and cosmetics. He also regularly provides clients with counsel regarding BREXIT and data protection and GDPR-related issues.

A qualified UK and German lawyer, Oliver maintains offices in both London and Brussels. He is ranked in the major legal directories and consistently recognized as an expert in the field.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Oliver Heinisch

Scott Maberry

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

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

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 episode, Elizabeth Frazee, CEO and Co-founder of TwinLogic Strategies, and Chani Wiggins, Principal at TwinLogic, join host Scott Maberry to discuss what's likely on the horizon for the 118th Congress, including prospects for the debt limit and the potential for bipartisan action on a farm bill, tax extenders, and immigration reform.

What We Discussed in this Episode:

• What are the biggest challenges and opportunities for global business coming out of the 117th Congress?

• Does a divided Congress set the stage for gridlock?

• Can you explain the connection between the budget, the debt limit, and the appropriations?

• What can we expect from the U.S. House of Representatives in light of the new leadership and rules package?

• What is the Sinema factor in the U.S. Senate?

• In terms of immigration reform, what does business need to see fixed?

• On taxation, is there bipartisan support for tax extenders?

• What does the makeup of the current Congress mean for the farm bill?

• How might the Republican-controlled House approach oversight?

• What will oversight look like in the Democratic-controlled Senate?

• What's the big takeaway for business in regard to the 118th Congress?

• If you had a crystal ball, what would it tell us about the 2024 elections?

About Elizabeth Frazee

As Co-Founder and CEO of TwinLogic Strategies, Elizabeth Frazee is a 30-year veteran of Washington D.C. politics and was recently named a Top Lobbyist by The Hill. She worked for over a decade in senior positions on Capitol Hill, spent years as an executive, leading government relations for tech and entertainment companies, and since 2003 has consulted for companies, trade associations and nonprofits.

After working for her home state Senator from North Carolina, Elizabeth served as press secretary for the House Energy and Commerce Committee. An attorney, she completed her congressional service running the legislative office of Representative Bob Goodlatte.

Once in the private sector, Elizabeth was director of government relations at the Walt Disney Company. She joined AOL in the late 90s as vice president of public policy and ran its Congressional team. In 2003 she left AOL-Time Warner to build the private lobbying practice that became TwinLogic Strategies in 2009.

Elizabeth is an expert at managing issue campaigns and running industry coalitions. She delivers results for her clients by combining a thorough understanding of policy, communications, and politics with an impressive network of relationships.

About Chani Wiggins

As a Principal with TwinLogic Strategies, Chani Wiggins draws on 20 years of federal government experience to assist clients with various policy interests in Congress and within the Administration.

Chani spent 11 years on Capitol Hill, serving as Senator Claire McCaskill's (D-MO) Legislative Director, former Senator Mark Dayton's (D-MN) Deputy Chief of Staff, and former Congressman Bart Stupak's (D-MI) Legislative and Communications Director. She was also a senior policy aide for Senator Tom Harkin (D-IA) and professional staff on the Health Education and Labor Committee. She later served as Assistant Secretary for Legislative Affairs at the U.S. Department of Homeland Security.

Since September 2010, Chani has represented clients with priorities in national security, telecommunications and technology, and energy policies. She also serves as a strategic advisor for the Government & Technology Services Coalition (GTSC), an organization of small and mid-sized company executives that develop and implement solutions for the federal homeland and national security sector.

Chani is known for building relationships on both sides of the political aisle, co-founding the Bipartisan Legislative Directors Group in 2007 to find common ground among the Senate's 100 Legislative Directors.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Elizabeth Frazee

Chani Wiggins

Scott Maberry

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

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

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 episode, Reid Whitten, Managing Partner of Sheppard Mullin's London office and a frequent Nota Bene guest, joins host Scott Maberry to discuss the U.S. China-trade war, including its origins, where the conflict could be headed in the future, and the potential implications for trading partners, multinationals, and individuals.

What We Discussed in this Episode:

• What are the origins of the U.S.-China trade war?
• What were some of the seeds planted in the 1980s and 1990s?
• How did the U.S. approach to China change in 2018 and what were the results?
• What is the Foreign Direct Product Rule? What makes the rule so new and different?
• How is the U.S. attempting to bolster technological advances at home?
• What countermeasures might China take?
• Why haven't any of those countermeasures been implemented?
• Are we headed for worldwide fragmentation of the post-WWII global economic order?
• What happens with Europe and other big trading partners in light of the U.S.-China trade war?
• What do you mean by "technological containment?"
• What would a policy of technical containment mean for the future?
• Who's impacted by all of this? What should they do?

About Reid Whitten

As Managing Partner of Sheppard Mullin's London office and leader of the firm's CFIUS Team, Reid Whitten's practice centers on international trade regulations and investigations. He works with clients around the world to plan, prepare, and succeed in global transactions. He focuses on his clients' cross-border investments, particularly in the technology and aerospace sectors, helping clients navigate the international trade regulations that could disrupt their deals.

Reid is a member of Chatham House, the UK's Royal Institute of International Affair. In addition to lecturing at the New College of the Humanities in London, at the Université Catholique de Lille in France, and Wake Forest University in the U.S, he also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.

A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers, and trade publications. He is also the lead author and editor of The CFIUS Book.

About Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Reid Whitten

Scott Maberry

Resources

Foreign Direct Investment Controls - A Global Perspective

China Law Update Blog

The CFIUS Book

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

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

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.

Sheppard Mullin's Nota Bene is a horizon-scanning podcast targeted at the C-suite that explores the risks facing multinationals doing business without borders. Multinational businesses have always been affected by major developments in international trade, global risk, and geopolitical shifts. The importance of these issues is increasing every day in light of events such as the U.S.-China trade war, the global response to the war in Ukraine, and the risks posed by rogue state actors such as Iran and North Korea.

In order to provide actionable insights into global law and policy developments, Sheppard Mullin has relaunched Nota Bene, which was in hiatus in 2022. In this very special episode, former host Michael P.A. Cohen offers his reflections and insights as he prepares to retire and hand over the hosting reins to Sheppard Mullin international lawyer Scott Maberry, who also holds the distinction of being Michael's first and favorite Nota Bene guest.

What We Discussed in This Episode:

• What inspired Michael to create Nota Bene?
• How has the world trade order changed since the launch of Nota Bene?
• Why did Michael tap Scott as his first Nota Bene guest?
• What were Michael's favorite episodes, and what made those particular episodes so special?
• What is the vision for Nota Bene going forward?

About Michael P.A. Cohen

For more than thirty years, Michael P.A. Cohen has advised multinational businesses in all aspects of their cross-border competition practices and strategies. He's also defended those practices in global government investigations and enforcement actions spanning continents.

As the creative force behind Sheppard Mullin's Nota Bene podcast, Michael hosted all 156 episodes produced from its inception in 2018 through 2021. Already an accomplished artist and poet, he's looking forward to devoting more time to his writing and painting pursuits in retirement.

About J. Scott Maberry

As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves as its representative on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.

Scott's practice includes representing clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

As a member of the World Economic Forum Expert Network, Scott advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Michael P.A. Cohen

Scott Maberry

Resources

Michael's Favorite Nota Bene Episodes Mentioned in This Episode:

• Nota Bene Episode 72: Space Law: License, Launch, Finance, Insurance, and Responsible Space Stewardship with Brian Weimer?

• Nota Bene Episode 144: The International Race toward Green Hydrogen with GHC President Janice Lin and Tony Toranto

• Nota Bene Episode 150: Building an AI Risk Management Framework with Siraj Husain

Michael's paintings and published poetry collections can be found at www.mpac.art.

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

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

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 was originally published on December 2, 2020 as Episode 106.

Company investors and consequently, corporate boards, are acknowledging the importance of implementing good environmental, social, and governmental ("ESG") policies to help mitigate risk, attract quality leadership, and establish satisfied employees. In this episode, we're exploring the benefits of implementing ESG's for all corporate stakeholders.

Joining Michael for this conversation are two guests, Allison Troianos and Ariel Yehezkel.

Allison Wu Troianos is an associate in the Corporate Practice Group in the Sheppard Mullin New York office. Allison's practice focuses on advising companies on a broad range of corporate transactional matters, including mergers and acquisitions, private equity transactions, venture capital financings and corporate governance.

Ariel Yehezkel is a partner in the Sheppard Mullin New York office. He is the Practice Group Leader of the firm's Corporate and Securities Practice Group. He concentrates his transactional practice on domestic and cross border mergers and acquisitions, leveraged buyouts, growth capital, minority investments, financing, joint ventures, equity arrangements, and general corporate matters.

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What We Discussed in This Episode:

• What are environmental, social, and governmental considerations and why are investors paying closer attention to them?
• How did ESGs develop over the years?
• Are there mandatory rules in the U.S. regarding ESG compliance?
• What steps is the European Commission taking to institute regulations around ESGs?
• Why are investors showing a preference towards companies with established corporate ESGs?
• How are private equity companies establishing criteria for investment funds based on ESGs?
• Is there a connection between improved financial performance and implementation of company ESGs?
• Why are ESGs a greater force for change than government regulation?
• How can companies start integrating ESG plans into their businesses?
• Is there tension between the planning and implementation of ESGs?
• How are professional service providers like law firms integrating ESGs in their own industry?
• How do ESGs appear in public companies?

Resources Mentioned:

2020 Blackrock letter to CEOs