Sheppard's Nota Bene

This episode was originally published on September 8, 2021 as Episode 142.

Companies are struggling to understand how to comply with rapidly changing and sometimes conflicting privacy obligations. For entities outside of the U.S. seeking to do business in the States, approaching and understanding the patchwork of state and federal privacy laws can be daunting, especially since U.S. privacy laws vary depending on the type of activities in which companies engage, the individuals from whom they gather or use information, and the industry in which the company operates. While there are some "general" privacy laws (notably in California and Virginia) those are the exception rather than the rule.

Rather than think about legal requirements on a law-by-law basis, it can be helpful to group obligations by activity. In this episode, Liisa Thomas discusses ways to approach these requirements, and the support the recent treatise, Thomas on Big Data: A Practical Guide to Global Privacy Laws released by Thomson Reuters, provides for organizations. She goes into detail about global privacy laws (including all 50 states across America), covering telemarketing, email marketing, wiretap and eavesdropping, biometric children's privacy, spyware and adware and online privacy.

Liisa Thomas obtained her undergraduate degree from Haverford College, and received her Juris Doctorate from University of Chicago. Liisa leads the privacy and cybersecurity team at Sheppard Mullin and practices in both the Chicago and London offices. She coordinates global policy in the area of privacy, and has taught at many universities including Northwestern University.

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What We Discussed in This Episode:

• Why did you publish your new book?
• What restrictions exist when collecting personal information and what notices need to be given?
• What type of choices should individuals be provided about how their information is used, and do those choices need to be affirmative (opt-in) or retroactive (opt-out)?
• How can companies use information -- can they send marketing emails or text messages?
• Why can't we create singularity in laws moving forward?

Resources Mentioned:

Thomas on Big Data: A Practical Guide To Global Privacy Law

Thomas on Data Breach

Contact Information:

Liisa Thomas

Email

LinkedIn

Facebook

Twitter

This episode was originally published on September 22, 2021 as Episode 144.

Green hydrogen is a new form of green energy, a clean and safe energy carrier that can be used as a fuel for electricity production and transportation. As with any new industry, there is much that is up in the air as far as its regulation, industrialization, and progress goes. Janice Lin and Tony Toranto pull from their robust knowledge of the green hydrogen industry as they cover the basics of what green hydrogen is, how it's created as well as what its future looks like in America.

Janice Lin is the Founder and President of the Green Hydrogen Coalition and the Founder and Chief Executive Officer of Strategen. Janice has over 25 years of strategy experience and has distinguished herself as a leading clean energy changemaker. Janice co-founded and for a decade served as Executive Director of the California Energy Storage Alliance, where she helped create the world's most robust energy storage market. In 2019, Janice launched the Green Hydrogen Coalition, an educational non-profit dedicated to facilitating policies and practices to advance the production and use of green hydrogen in all sectors where it will accelerate the transition to a carbon free energy system.

Tony Toranto is a partner in the Real Estate, Corporate and Finance Practice Groups in the firm's San Diego (Del Mar) and San Francisco offices. Tony is a nationally recognized finance and commercial lawyer with three areas of concentration: corporate, real estate and energy transactions. He is Team Leader of the firm's Energy, Infrastructure and Project Finance Team, who regularly advises clients on conventional and renewable projects, including some of the largest energy projects in the industry. Tony is on the Leadership Committee of the Green Hydrogen Coalition. He possesses a dual J.D./M.B.A. degree and started his career as a client in private equity; he brings that commercial understanding to every deal.

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

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, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show.

What We Discussed in This Episode:

• What is green hydrogen?
• What are some processes used to create green hydrogen?
• Are these methods considered a win for environmental integrity?
• What led you, Janice, to form the Green Hydrogen Coalition?
• What barriers in storing, processing, or converting hydrogen have you experienced since forming the GHC?
• Why isn't the entire United States in a green hydrogen state currently?
• Are other nations moving through their governmental systems more quickly in creating a regulatory framework for green hydrogen?
• Do you think green hydrogen may displace other mobile fuels and their storage?

Resources Mentioned:

Green Hydrogen Coalition

Contact Information:

Janice Lin

Tony Toranto

LinkedIn

Facebook

Twitter

This episode was originally published on June 3rd, 2020 as Episode 84.

The coronavirus pandemic has proven to be the most significant business crisis in global history. What will it take for multinational companies to aptly respond to the crisis while managing potential future harm from the Paycheck Protection Program (PPP) audits and investigations?

Michael is joined by two guests, Jonathan Aronie and Joe Jay, from Sheppard Mullin's Organizational Integrity Group (OIG).

Jonathan Aronie 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.

Joe Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin's Washington, D.C. office. Joseph'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.

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What We Discuss in This Episode:

• What is the Organizational Integrity Group (OIG) and how does it help businesses?
• How has the coronavirus pandemic allowed the OIG to focus on what really matters when it comes to businesses responding in real-time to harm?
• What types of PPP audits and investigations will likely stem from the current pandemic?
• How will any investigations go beyond merely auditing funds that were disbursed? What else should businesses think about when carrying on with business activities under the PPP?
• What is the Defense Protection Act (DPA) and how might it affect enforcement of PPP spending?
• What types of questions are OIG clients asking of their counsel?
• One of the OIG's First Principles guides businesses facing a potential crisis to "slow down the scene." What does that entail?
• What goals are OIG counsel trying to achieve in what they call the legal "pre-mortem" portion of assessing a company's needs?
• How important is it to "vet" any partners that your company plans on working with?

Resources:

• "Using "Prospective Hindsight" To Identify And Mitigate Risks During A Crisis," Organizational Integrity Group Blog, May 26, 2020

In the last episode of the season, we connect with Reid Whitten again to discuss the latest in trade and economic developments. He walks through the latest in the supply chain issues, from steel to AI and how these factors add to the growing uncertainty in the economy. Reid also discusses the differences in administration economic oversight between Trump, Biden and even the Greek rulers. He also wades into how China impacts all of the world, from regulation, production and competition.

Reid Whitten is the Managing Partner of Sheppard Mullin's London office, practicing in international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office. Reid works with clients around the world to plan, prepare and succeed in global transactions. Reid is an Adjunct Professor at the New College of the Humanities in London and at Wake Forest University in the U.S., where he teaches courses on the law of international business. He is also Leader of the Sheppard Mullin CFIUS Team, and is lead author and editor of The CFIUS Book.

What We Discussed in This Episode:

What caused the economic slowdown and price increases?

Are large global supply chain players the reason we can't get anything?

How do the global players compete with the governments that are supposed to regulate them?

What is the U.S. policy to manage the economy?

What is the latest in the tariff fight between U.S. and China?

How does the American approach differ from the Chinese approach to managing the economy?

What are the real issues that multinationals need to focus on?

Resources Mentioned:

Tim Maughan

The CFIUS Book: Second Edition

Contact Information:

Reid Whitten

We connect with David Garcia again to discuss the latest in healthcare and antitrust developments. Much has changed since his last visit three years ago and he walks us through some of those trends. He highlights how M&A transactions continue to rise and predicts what may finally put a halt on them. David discusses the race for innovation and how it has impacted the entire healthcare system in the states and globally. Finally, he discusses how states play a role in the regulation and the federal government's role in the antitrust field.

Joining host Michael Cohen 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, 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 Discussed in This Episode:

Where are we when it comes to healthcare and antitrust status?

How has healthcare M&A changed from three years ago?

How has America benefited from the privatization of healthcare?

What are the inequities at play in healthcare and what will it take to change that?

How are states playing a part in the healthcare regulation system?

What does it mean that the FTC pulled the vertical merger guidelines, but the DOJ did not?

What's unfair in violating an antitrust stature?

Resources Mentioned:

Nota Bene Episode 20: The Evolving Nature of the U.S. Healthcare Industry with David Garcia (Jan. 23, 2019)

Contact Information:

David Garcia bio

We reconnect with Siraj Husain for the third time this year to hear the latest in artificial intelligence. He updates us on the National Institute of Standards and Technology and its effort to create an AI framework. Siraj discusses incidents of how AI has been used inappropriately and how it has gone wrong in the marketplace. He outlines why organizations need to do a better job about practicing responsible AI not just from an ethical perspective but also corporate. Finally, he discusses AI on a global scale and how other countries have adopted it.

Siraj Husain is a partner in the Intellectual Property Group in Sheppard Mullin's Palo Alto office. Siraj focuses his practice on intellectual property and patent strategy in various technical areas with an emphasis in software and artificial intelligence. With an undergraduate degree in computer science, and over a decade of legal experience representing computer technology companies, Siraj helps clients, large and small, build and manage valuable patent portfolios in the United States and abroad.

What We Discussed in This Episode:

What is the National Institute for Standards and Technology?

How did NIST come about creating an AI risk management framework?

What is NIST doing to build trust in AI?

What does it mean that AI is brittle?

How does embedded bias in AI influence the marketplace?

What's the timeline for the NIST process?

How does the domestic and multinational world embrace this framework?

What are other AI-capable countries doing about AI?

Resources Mentioned:

Nota Bene Episode 141: Artificial Intelligence Technologies: Past, Present, and Forward with Siraj Husain

Nota Bene Episode 108: Artificial Intelligence: Landmark 2020 Developments and Rapid Business Adoption with Siraj Husain

Sam Harris' Making Sense podcast #116 – AI: Racing Toward the Brink

Contact Information:

Siraj Husain's bio

We connect back with lobbyists Elizabeth Frazee and Chani Wiggins to discuss the latest with U.S. government spending and infrastructure bills in the fourth quarter. They walk us through the latest with filibuster reform and wonder if Congress can pass anything by end of November. They get into the American marketplace and address innovation, competition and antitrust policies. Finally, they discuss the latest with OSHA, vaccine rules and testing.

Elizabeth Frazee is the Co-Founder and CEO of Twin Logic Strategies, a boutique government relations firm. Elizabeth 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.

Chani Wiggins has leveraged 16 years of federal government experience to assist clients with various policy interests in Congress and within the Administration. 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.

What We Discussed in This Episode:

• What has changed and what has stayed the same in the policy arena looking ahead to Q4?
• How will the moderates and progressives come together to reach an agreement?
• How is climate, health care and paid leave addressed in the bipartisan bill?
• Can Americans get back to a functioning system?
• What's dangerous about picking winners and losers in the antitrust space?
• How do America's competition laws differ from Europe and China?
• What is the latest with OSHA and vaccine laws?

Contact Information:

TwinLogic Strategies website - https://twinlogicstrategies.com/

We regroup with Paul Kim for our fourth quarter check in to hear the latest on COVID across Asia and how the different countries have adjusted to living with the virus. Paul takes us through economic issues throughout Korea, Singapore, Japan, and highlights the cultural implications labor and the workforce have in different countries. We then turn to China and discuss the economic, regulatory and trade issues facing the country and its impact and influence around the world.

Joining us for this conversation is Seoul, Korea-based attorney, Paul Kim. Paul graduated in Economics from the University of Chicago, with highest honors, and obtained his Juris Doctorate degree from Harvard University. Paul currently serves in private practice as a Corporate Partner in Sheppard Mullin's Seoul office advising clients on cross-border mergers and acquisitions (M&A), private equity, venture capital and securities transactions, restructurings and multi-jurisdictional disputes.

What We Discussed in This Episode:

• How has COVID-19 impacted the Asian economies and what is the future of "living with COVID?"
• What's the state of the labor workforce in the Asian region?
• How does Squid Games mirror the workforce in Korea?
• How do the labor, management and government juggle the employment culture in the different Asian countries?
• What's the latest on the global chip supply shortage?
• How does the U.S. differ from the Asian regions when it comes to labor and trade?
• How will the Chinese regulatory sector impact other industries?
• How does China's economy influence decision-makers and foreign investors?
• How does foreign investment differ from foreign policy?
• Will the U.S. share leadership in world trade?

Resources Mentioned:

Stephanomics Bloomberg podcast

Contact Information:

Paul's bio

We catch up with our African expert Andreas Stargard of Primerio on our fourth quarter geopolitical check in. We learn the latest on the antitrust law in South Africa and how the public interest standard contributes to the marketplace, including updates on Kenya, COMESA and Competition Authority of Kenya, and recent anti-corruption efforts and the broader economic developments in the marketplace.

A co-founding senior member of Primerio, a business advisory firm helping companies do business within Africa from a global perspective, Andreas Stargard is legal, strategic, and business advisor to companies and individuals across the globe. He focuses on antitrust and competition advice, white-collar counseling, contract dispute and negotiation, and resolution of global business disputes, including cartel work, corruption allegations and internal investigations, intellectual property, and distribution matters. Andreas also advises clients on corporate compliance programs that conform to local as well as global government standards, and has handled key strategic merger-notification questions, including evaluation of filing requirements, avoidance strategies, cross-jurisdictional cooperation, and the like.

What We Discussed in This Episode:

• What's happened in Q3 and what's on the horizon for Q4 for African businesses?
• What impact will the Burger King case decision have on the African antitrust markets and public interest regimes?
• How has the public interest standard been viewed in other countries?
• What's the latest with Kenya and COMESA and what does it mean for broader economic development in the continent?
• What are recent anti-corruption efforts throughout the African markets and how do foreign investors affect that?
• What other unpredictable impacts has COVID-19 had on the global economy?

Contact Information:

Africa Antitrust & Competition News and Analysis blog

Primerio website

Andreas's bio

We catch up with our Europe-based expert, Oliver Heinisch, on upcoming changes for the fourth quarter of 2021 including updates on the German elections, Brexit and supply chain issues, and a new EU whistleblower directive.

Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin's London and Brussels offices. Oliver 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 regularly advises clients on questions relating to the UK's decision to leave the European Union

What We Discussed in This Episode:

• What does the election post-Angela Merkel mean for the major and smaller parties in Germany?
• What is the German election winner social democrats SPD's effect on the rest of Europe?
• What's the latest in the UK supply chain issue and labor shortage?
• How has Brexit impacted immigration in the UK?
• How do Europe's ESG laws impact competition and sustainability?
• What competition rules need to change to make Europe more sustainable?
• How will the new EU whistleblower directive impact both national and private policies?

Contact Information:

https://www.sheppardmullin.com/oheinisch