Sheppard's Nota Bene

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 7, we spoke with Fatema Merchant about India's emergence in the global market. We explored the tech boom, the Millennial generation, and women's roles in the economy and how these are transforming India's economy.

In Episode 8, we spoke with Jonathan Aronie who shared eight lessons to lasting corporate reform. Serving as the Federal Monitor over the New Orleans Police Department, Jonathan gained insight on how corporations can establish reform that sticks.

In Episode 9, we talked with economist Susan Henley Manning. Susan discussed the U.S. International Trade Commission's process of defining domestic import injuries and applying necessary remedies.

In Episode 10, we talked about testing the temperament of current financial securities regulations with Jeff Kern. Jeff emphasized the importance of line enforcers and their duty to regulate securities diligently regardless of the makeup of the political administration at the time.

In Episode 11, we spoke with Nady Nikonova about platform markets ranging from credit card networks to social platforms like Facebook and Amazon. As more and more platforms emerge, Nady points out the emergence of interest by economists in this space and the increase in regulatory focus and scrutiny.

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.

Platforms and platform technologies like Amazon, Google, Apple, Uber, Payment Networks and Facebook have been the subject of much regulatory focus as of late. Are potential regulations of these platforms a little too soon and a little too restrictive? Are we risking stifling innovation? Using the recent American Express anti-steering Supreme Court of the U.S. case, we explore the issues facing platforms, participants, and regulators.

My guest on the show today is Nady Nikonova. Nady is an economist and attorney in the Antitrust and Competition Practice Group in the Sheppard Mullin San Francisco office. Her practice focuses on high-technology cartel and monopolization cases. She has special experience applying sophisticated economic analysis to antitrust law.

What You'll Learn in This Episode:

• What is a platform exactly and how is it defined?
• Which company found itself on the other side of a lawsuit by the Department of Justice?
• What do anti-steering provisions accomplish?
• Why does the DOJ Antitrust Division take issue with restrictions established by credit card companies?
• What was the Supreme Court's decision regarding the American Express case?
• Did the DOJ Antitrust Division analyze both sides of the platform market in the AmEx case?
• How far ahead of the U.S. is Europe in investigating platforms?
• What should new and emerging platform companies know about the risks of entering their markets?
• How Platform Executives may need to think about the legal landscape impacting their competitive decision-making.

Contact Information:

Nady's LinkedIn

Sheppard Mullin attorney profile

Nady's article - AmEx Ruling May Have a Big Impact on Health Insurance

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.

With Tesla's CEO and Chairman, Elon Musk, recently charged by the Securities and Exchange Commission with fraud over his misleading Tweets, we thought it would be timely to check in on the current state of regulatory enforcement in the U.S. We also explore the influence and effect of political administrations on the atmosphere of securities enforcement.

Joining us today is Jeff Kern, a partner in the Government Contracts, Investigations, and International Trade Practice Group in Sheppard Mullin's New York office.

What We Discuss in This Episode:

• Who are the primary actors involved in securities regulation space?
• What are self-regulatory organizations ("SROs")?
• How securities regulations affect the public markets in the U.S.?
• Is there a laissez-faire state currently?
• Is the SEC's response to Elon Musk's Tweets an example of the SEC acting swiftly to send a message?
• Is the next big economic crisis right around the corner? What affect does that have on the regulatory landscape?
• How nature abhors a vacuum – so does regulation
• The importance of credibility in regulation and how it is established by government agencies
• Are any states stepping into a more prominent enforcement or even adversarial role?
• Can a political administration restrain enforcement in this area?
• How can the C-Suite leverage the new environment?

Contact Information:

Jeff's Sheppard Mullin 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.

The International Trade Commission, which is an independent, quasijudicial Federal agency with broad investigative responsibilities on matters of trade, has become a virtual forum for private trade wars that can impact American and international markets drastically. Given the current trade wars, we're exploring how multinationals should approach dealing with competing imports and their potential for undermining the market for domestic products.

Joining me is economist Susan H. Manning, Ph.D. Susan is a Senior Vice President at international economic consulting firm Compass Lexecon, based in Washington D.C. and London. She is Chief Operating Officer of 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 Discuss in this Episode:

• How can domestic industries be injured by imports?
• What are the different types of import injuries?
• When are import injuries brought under countervailing duty statutes?
• How the U.S. International Trade Commission ("ITC") investigates imports to determine if they violate intellectual property laws
• What is dumping?
• How do you determine the cost of production when discussing dumping?
• What affect do exchange rates and differences in markets affect cost of production?
• The importance of finding "injury" by the subject imports in the domestic market
• The process of filing a Petition claiming injury by subject imports
• What is price depression and price suppression?
• Can a determination of unfair practices be appealed to the WTO or any other organization?
• How do you apply the import injury analysis in nations that have nationalized economies?
• What affect the current trade wars have on dumping
• The various statutes that exist to help a US industry that is struggling because of the global trade wars
• How the ITC is an alternative forum for intellectual property infringement claims

Resources Mentioned:

U.S. International Trade Commission

Section 301 investigations

Section 201 safeguard statutes

Contact Information:

Susan's profile

Susan'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, 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 it's improving company culture or changing internal policies and practices, organizations of all sizes are looking to institute reform. But just like with any change, often times, it doesn't last. We're exploring some ways organizations can institute sustainable reform.

Joining us to share his insight and lessons learned from his experience as a Federal Monitor overseeing the New Orleans Police Department is Jonathan Aronie. Jonathan is a partner in the Washington, DC office of Sheppard Mullin, and the co-leader of the firm's Government Contracts and Internal Investigations Practice Group. In 2013, Jonathan was appointed by the U.S. District Court for the Eastern District of Louisiana to serve as the Federal Monitor over the NOPD Consent Decree, the most comprehensive Consent Decree in the country. He is the author of From Bourbon Street To The Board Room: Eight Aids to Sustaining Reform.

What We Discuss in This Episode:

• How Jonathan became the Federal Monitor over the New Orleans Police Department Consent Decree
• What is a Consent Decree?
• Why do corporations undertake organizational reform? What triggers reform initiative?
• The eight aids to sustaining reform that your company should consider undertaking
• The importance of establishing reform that company personnel do not want to dismantle
• How to insure reform efforts work (hint: you might have to let some people go!)
• What benefit exists to allowing organization members to go out and "see the world"
• How to measure your effectiveness when implementing reform?

Resources Mentioned:

Jonathan's From Bourbon Street to the Boardroom: Eight Aids to Sustaining Reform article

Contact Information:

Sheppard Mullin attorney profile

From the Big Easy to the Big Ten, and Beyond article

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.