Sheppard's Nota Bene

As the Democrats prepare to assume control of the U.S. House of Representatives, many are speculating about the extent of Congressional oversight over the next two years. With this speculation comes a flood of misunderstanding and myths about the role of Congress and their oversight powers. In our conversation with Jonathan Meyer today, author of Don't Be Fooled: Seven Myths About Congressional Oversight, we walk through several of the myths surrounding Congress, their Constitutional power to investigate, and how their powers affect all aspects of the economy.

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. Jon previously served various appointed roles in the United States Departments of Justice and Homeland Security prior to his recent re-entry into private practice.

What We Discuss in this Episode:

• What about the current administration inspired Jon to write this article?
• Myth 1 – The Democrats' anticipated oversight of the Trump administration will lead to a disregard of oversight of the private sector
• What is Congressional oversight and how far does it extend?
• Myth 2 – A new Congress will automatically mean an abundance of subpoena issuance
• Myth 3 – Congressional hearings are all the same and happen too frequently
• Myth 4 – All subpoenas are the same
• What is the proper way to comply with a subpoena if you're on the receiving end of one?
• Myth 5 – A Congressional investigation is similar to discovery in a civil suit
• When Congress enforces a subpoena, how much authority does a Court have in interpreting that subpoena power?
• What is the difference between oversight of agencies and oversight of private individuals and companies?
• Myth 6 – In order to be issued, subpoenas require a majority vote of the committee
• Myth 7 – The law is the most important factor in determining what happens in Congressional oversight

Resources Mentioned:

Jon's article – Don't Be Fooled: Seven Myths About Congressional Oversight

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.

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

As a new United States Congress kicks off following the 2018 U.S. midterm elections, we’re exploring several common myths that surround Congress’s power to investigate and how that affects the private sector.

From managing internal crises to assisting in the international expansion of the business, the duties and responsibilities of corporate counsel in a multinational company directly support the growth of the business. There is currently a great deal of change happening in the in-house department of corporations that C-Suite members should know about in order to fully utilize corporate counsel's value.

Joining us on the show today to discuss the evolving nature of corporate counsels and their roles is William Kruse, Gallup's Regulatory Compliance Officer & In-house Counsel, working primarily in support of the Government Division. Bill is also the author of the recently published book, The Corporate Counsel Survival Guide.

What We Discuss in this Episode:

• What inspired Bill to write this book
• Corporate law is changing and so is the role of in-house counsel
• What is the role of the in-house department in a company today?
• Should startups and medium-sized businesses be concerned with having an in-house department?
• Why companies should utilize their lawyers' unique analytical skills?
• As companies evolve into global corporations, having an attorney in-house who understands all aspects of legal issues becomes crucial
• Why C-Suite members should pay especially close attention to whom they hire as their corporate counsel
• Lawyers considering joining a company as corporate counsel must enjoy the business side of the law as well as believe in the company's product/service
• Why it's important for corporate counsel to grow and develop the next generation of leaders in the business
• How can you graciously work with "opponents" in order to turn them into allies?
• What you should know about how to best manage crises (and how to recognize "real" crises from insignificant ones)

Contact Information:

Twitter: @weklawyer

LinkedIn: William Kruse

Bill's book The Corporate Counsel Survival Guide

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:

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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 corporations expand from national to international, the role of in-house counsel becomes increasingly important. Company executives who learn how to tap into the knowledge of their in-house counsel department will be better prepared for a global presence.

The rules surrounding insider trading and securities violations are extensive and can be complicated. In order to determine if an executive selling or buying stock in their own company or if a company member trading on information provided to them, either directly or indirectly, is acting appropriately, it's important to become familiar with the securities rules.

Joining me on the podcast to shed light on this topic is Sarah Aberg, an attorney in Sheppard Mullin's New York office. Sarah's practice encompasses securities regulation, compliance, and litigation as well as internal investigations and white collar defense.

What We Discuss in this Episode:

• Who is considered an "insider" for insider trading purposes?
• The two key statutes to be aware of when it comes to securities fraud law
• How does a court determine if a person is engaged in insider trading?
• Why is there a restraint on executives trading on information that has not been disclosed to the public? What effect does that have on the market?
• Do insider trading rules only apply to public companies or do they apply to private companies as well?
• When a tippee receives insider information and acts on it, should he/she be liable for insider trading? How is that determination made by the court?
• What is 18 U.S. Code Section 1348 and how does it allow for criminal violations of insider trading rules?
• Along with knowing federal securities fraud statutes, it's also important to be familiar with state statutes
• What happened in the Equifax data breach and what can executives learn from the incident?
• How can companies prevent and control for insider trading?
• What are short swings and how do they affect an insider's ability to buy or sell shares within a certain time period?
• What are Rule 10b5-1 plans and how do they protect insiders?

Resources Mentioned:

Dirks v. SEC (1983)

United States v. Newman (2014)

United States v. Martoma (2018)

Salman v. United States (2016)

SEC Rule 10b-5

Contact Information:

Sarah's Sheppard Mulling attorney profile

Thank you for listening!

Don't forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, 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.

When executives trade their company’s own stock, what rules governing their transactions should they be aware of in order to avoid abusing insider trading laws?

Coined by Columbia University law professor, Tim Wu, in 2003, net neutrality has been the impetus for major political and technological debates. From Comcast to Madison River Communications, there have been various Internet Service Providers who have tested the limits of net neutrality, triggering the Federal Communications Commission to step in, take action, and in effect, shape the future of the internet.

In order to further understand the future state of the internet, we're exploring the past, present, and future state of net neutrality and its impact on the way consumers access information on the internet.

My guest today is Paul Werner, a partner and Practice Leader of Sheppard Mullin's Business Trials Practice Group in the Washington D.C. office. Paul is a seasoned first-chair litigator and has extensive experience representing cable operators, telecommunications, and other broadband providers in matters involving communications law issues, including local franchising, PEG programming, rights-of-way, pole attachments and infrastructure deployment, and a host of other related issues.

What We Discuss in this Episode:

• What is net neutrality and why is there so much buzz around that topic these days?
• Are there common carriage obligations and what concerns do they address?
• In order to understand where we are now with net neutrality, it's important to understand how the Federal Communications Commission ("FCC") has approached communication regulations in the past
• What is the virtuous cycle of innovation and why is it important to keep it spinning around?
• How information services developed over the years
• The essence of net neutrality requires transparency, no blocking, no throttling, and no paid prioritization.
• How did the FCC change the way internet services were classified for regulatory purposes?
• What was the Open Internet Order that the FCC issued and what happened to it under the new administration?
• Should states establish their own individual net neutrality regulations?
• Can communication policies be localized to the states or are they inherently national?
• Is internet regulation a good thing? Could it potentially frustrate technological innovation?

Resources Mentioned:

Communications Act of 1934

Telecommunications Act of 1996

Open Internet Order

Contact Information:

Paul's Sheppard Mullin attorney profile

[email protected]

(202) 747- 1931

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.

Whether you’re for it or against it, we’re diving into a discussion about the past, present, and future of net neutrality.

Investing in the development of human capital can prove to be an invaluable asset for a company looking to grow and innovate. What should employers know about current employment law trends in order to build advantageous relationships with their workforce?

Joining us to explore 4 major areas of employment law issues in multinational companies, namely, arbitration clauses, remote workforces, equal pay, and the gig economy, is Morgan Forsey. Morgan is a partner in the Labor and Employment Practice Group at Sheppard Mullin and is co-Office Managing Partner of the San Francisco office. Morgan handles all facets of labor and employment matters.

What We Discuss in this Episode:

• The use of arbitration clauses in employment agreements
• The United States Supreme Court's 2018 landmark Epic Systems Corp. v. Lewis permitting class action waivers in arbitration clauses
• Public, private and state legislative reaction to the newly settled wide latitude enforcing employment arbitration agreements
• Whether Epic Systems will diminish the economic impact surrounding potential employment class action claims?
• The impact of arbitration clauses and settlement agreements in the Me Too era
• What is a remote workforce and what human capital impacts does the C-Suite need to navigate in this 21st Century employment relationship?
• Protecting corporate property across an international remote workforce
• Why equal pay is here to stay
• How employers can protect themselves auditing equal pay and making positive remedial change
• How the 21st Century gig economy is highlighting old conversations around independent contractors?
• How the current world assesses whether a workforce is employee or independent contractor based

Resources Mentioned:

Epic Systems Corp. v. Lewis

California Assembly Bill 3080

Contact Information:

Morgan's 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, 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 relationship between employer and employee in a business setting is one of the most important relationships that the C-suite can invest resources to develop. We explore four currently trending areas of the employer-employee relationship that executives may need to navigate.