Sheppard's Nota Bene

Seafood sustainability is becoming increasingly important in the world of environmentalism. This week's episode features an interview with International Seafood Sustainability Foundation's president Susan Jackson. We discuss ISSF's history, tuna sustainability, unique partnerships between industry, scientists and NGOs, transparency in the wake of cynicism and more.

Susan Jackson is President of ISSF, a global partnership among scientists, tuna processors, and environmental nonprofits to undertake science-based initiatives for the long-term conservation and sustainable use of tuna stocks, reducing bycatch and promoting a healthy marine ecosystem.

Prior to joining ISSF, Jackson was the vice president for government/industry relations and seafood sourcing for Del Monte Foods, where her responsibilities included government relations at the federal, state, and local levels, and acting as Del Monte's representative to trade and industry associations. Susan was also responsible for the purchase of all raw tuna and tuna co-pack manufacturing for Del Monte's StarKist brand. Susan joined the H.J. Heinz Company in 1997 as an attorney in the law department, later working with the company's seafood sourcing and other areas of procurement.

What We Discussed in This Episode:

• What was the one tuna stock management failure that set ISSF in motion?
• What was unique for industry, scientists and NGOs to work together?
• How does transparency and auditing work in a multinational industry?
• What difficulties lay ahead for the seafood industry?
• What are the long-term challenges in regards to sustainability?
• How has ISSF become a model bigger than their niche?

Resources Mentioned:

Susan's TedTalk

https://www.youtube.com/watch?v=HlI25M91Kbc

https://iss-foundation.org/

Nota Bene Episode 4, Creating a Socially and Environmentally Conscious Supply Chain with Susan Jackson (9.26.2018)

Contact Information:

Susan Jackson bio

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.

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: https://www.ghcoalition.org/

Contact Information:

Janice Lin

Tony Toranto

As movement continues in the realm of U.S. antitrust legislation, many wonder when new legislation will be officially passed and how it will impact America and the Big Tech industry players. Bill Margeson discusses how this legislation has evolved under the Biden Administration and whether to expect any landmark changes in the near future.

Guest Bill Margeson is an associate in the Antitrust and Competition Group in Sheppard Mullin's Los Angeles office. Bill has litigated antitrust, intellectual property, and other disputes in federal and state court and in the International Trade Commission under Section 337. Bill also has criminal litigation experience, including in grand jury investigations related to price fixing and fraud. Prior to law school, Bill worked in the public policy field.

What We Discussed in This Episode:

What has happened to the new antitrust legislation with the Biden Administration?

How does it relate to the digital markets report that the Antitrust Subcommittee produced in 2020?

What is the timeline for the Antitrust Subcommittee to move forward with this legislation?

Who are the key congressional players in passing this antitrust legislation?

How is tech platform enforcement and litigation related to antitrust reform?

In the policy arena, what special interest groups are we hearing from?

How does the proposed U.S. antitrust legislation compare to European competition law and Chinese anti-monopoly law?

Resources Mentioned:

Contact Information:

Bill's bio

Bill's email

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.

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 Data Breach

Contact Information:

Liisa Thomas

Email

Artificial intelligence is growing rapidly and exponentially. As technology advances, there are many new concerns legally, ethically and socially. Many wonder how patent offices will handle new AI generating inventions, or even how AI lethal weapons will be regulated. As countries are trying to catch up legally to the latest AI technology, the European Union is taking the lead with a new risk-based approach to regulating AI technology. Joining me is Siraj Husain, who gives great perspective into the world of artificial intelligence with his expert insight.

Siraj Husain is a partner in the Intellectual Property Group of Sheppard Mullin's Palo Alto office. He graduated from University of California Riverside with an undergraduate degree in computer science. He obtained his law degree from Loyola Law School, where he wrote for their law review. Siraj advises on IP strategies with a focus on artificial intelligence. He has specialized experience in many fields such as machine learning, deep learning, cloud computing technology, cryptography, and many computer hardware and software technologies. Siraj has also served as board member and pro bono committee co-chair for The South Asian Bar Association of Northern California.

What We Discussed in This Episode:

• What technological improvements have you seen in 2021 so far?
• Can U.S. technology keep up with other countries?
• What's next for language models?
• What's new in the world of electroproperty?
• How do Patent Offices distinguish between AI generating an invention versus creating it?
• How do you think this new technology may pressure intellectual property and law?
• What do you think China will do with AI that creates inventions?
• Where have you seen enforcement of AI occurring already?
• What do you think about the weaponizing of AI?

Resources

Nota Bene Ep. 108, "Artificial Intelligence: Landmark 2020 Developments and Rapid Business Adoption with Siraj Husain"

Contact Information:

Siraj's attorney profile

Email

LinkedIn

This episode was originally published on June 29, 2021 as Episode 132.

The beginning of 2021 saw a decline in business bankruptcy filings, in contrast to the corona virus-related surge in filings witnessed in 2020. Will this trend continue? Or will bankruptcy filings pick up as more businesses struggle to recover from the effects of the pandemic? Joining me to explore the 2021 bankruptcy trends in the business world is bankruptcy attorney and expert Ori Katz. Ori shares his insight on the intricacies of business bankruptcies and the popular 363 bankruptcy sales.

Ori Katz is a partner and Practice Group Leader of the Finance and Bankruptcy Practice Group in Sheppard Mullin's San Francisco office. Ori specializes in business bankruptcies and other aspects of insolvency law. He has represented debtors, individual creditors, creditors' committees, parties purchasing assets out of bankruptcy and parties involved in bankruptcy litigation. He has successfully reorganized companies in a wide range of industries, including real estate, retail, construction, biotech, telecommunications, media and the internet. He has also represented lenders in connection with receiverships, loan workouts, restructurings, foreclosures and borrower bankruptcies, and acted as receivership counsel in connection with various appointments. Ori is a frequent speaker on matters relating to bankruptcy and insolvency law.

What We Discussed in this Episode:

• What are some of the high-level trends in business bankruptcy filings?
• Which industries were greatly affected by the pandemic?
• Will there be a "new normal" for businesses coming out of the pandemic?
• A brief overview of the U.S. bankruptcy system
• What is involved in a Chapter 7 bankruptcy filing? What about a Chapter 11?
• Is there a litmus test that must be met prior to filing for bankruptcy?
• What is a 363 bankruptcy sale and what is the process for this type of proceeding?
• What is a "stalking horse bid" and how is it used in bankruptcy proceedings?
• Is the stigma surrounding bankruptcies, specifically 363 sales, disappearing?
• Is there an advantage to being a stalking horse bidder?

Resource:

Ori's article on the same topic

Contact Information:

Ori's Sheppard Mullin attorney profile

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

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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.

This episode was originally published on May 11, 2021 as Episode 125.

When the artist Beeple recently sold a digital work of art for $69 million, it caught the world's attention especially because that one-of-a-kind digital art was a non-fungible token (NFT). In this episode, we're taking a look at this emerging blockchain technology and exploring how NFTs are transforming digital artwork. We're also discussing the legal ramifications of this new type of ownership.

Joining me for this conversation is Jim Gatto. Jim is a partner in the Intellectual Property Practice Group in Sheppard Mullin's Washington, D.C. office. He is also Team Leader of the firm's Blockchain Technology and Digital Assets team, and its Social Media and Games industry team. He also is Team Leader of the firm's Open Source team.

What We Discussed in This Episode:

• What are non-fungible tokens?
• What makes a token "non-fungible"?
• Given the ease of duplication, what makes NFT's so valuable?
• How might the use of NFT's benefit performance artists?
• Will NFT's ever become simple enough for everyday people to utilize them?
• After someone creates an NFT, where are some of the online marketplaces they can list and market it on?
• Are private investors moving into this space?
• How can NFTs be used with physical objects?
• What are the legal implications of creating and/or buying NFTs?

Contact Information:

Jim's Sheppard Mullin attorney profile

Email: [email protected]

Thank you for listening! Don't forget to FOLLOW and/or 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.

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.

This episode was originally published on January 12, 2021 as Episode 108.

Artificial intelligence (AI) is making a significant impact on how businesses utilize technology and is further the object of a currently estimated $13 Trillion economic arms race between the world's leading economies from Asia to Europe and North America. Developments in 2020 have been nothing short of revolutionary, breaking through where human achievement has been wallowing for decades. And AI is now in the realm of the multinational world, with major companies leading both innovation and adoption. This episode features a conversation with Siraj Husain about the AI developments businesses need to know about from 2020, with a near term look ahead in 2021, focusing on the nature of business AI, its adoption and risks..

Siraj Husain is a partner in the Intellectual Property Practice 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 artificial intelligence and how is it being applied in the business world?
• What are the two main techniques that dominate the AI world?
• What are neural networks?
• What three major developments in technology occurred in 2020?
• Will advancements in AI ever be created by AI itself and not by humans?
• Is there bias in AI?
• What risks exists for businesses that are adopting AI? How can they mitigate against any associated risks?
• What new developments in AI can business leaders expect in 2021?

Resources:

Siraj's article on the same topic

Contact Information:

Siraj's Sheppard Mullin attorney profile

Thank you for listening! Don't forget to FOLLOW and/or 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.

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.

As Asia's economies attempt to recover from the grip of COVID-19, they face added obstacles brought on by slow vaccine rollouts and new pandemic restrictions. We're exploring the latest economic and regulatory developments in the Asia markets in Q3 including the impact of the new Delta variant of the virus, vaccinations, and China's crackdown on ridesharing giant, Didi.

Joining me 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:

• What precautions are various Asian countries taking to address the Delta variant of the coronavirus?
• What is causing the slow vaccine rollouts in South Korea?
• Why have Environmental, Social, Governances (ESG) become more popular in South Korea lately?
• What type of public assistance is the government of South Korea offering individuals and businesses?
• What lessons can be learned from how companies responded to supply chain deficiencies during the pandemic?
• Which industries experienced economic growth during the pandemic?
• Has China gone to war, proverbially, against public markets?

Contact Information:

Email: [email protected]

Paul's Sheppard Mullin attorney profile

Thank you for listening! Don't forget to FOLLOW and/or 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.

Be sure to connect with us and reach out with any questions/concerns:

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Facebook

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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.

Despite long-standing challenges to economic growth, the nations of Africa continue to experience incremental progress. As the digital revolution makes its way across the continent, we're exploring Africa's economic and social outlook in Q3 of 2021 with our Africa competition and markets expert, Andreas Stargard.

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. He has written and spoken extensively on these topics and many others. Andreas also advises clients on corporate compliance programmes 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 are the latest updates regarding the arrest of the president of South Africa?
• Is Africa getting in its own way when it comes to progress and growth?
• What is leading some African businesses to engage in price gouging?
• What is likely to happen to the natural resources in African countries if the local governments do not adequately protect them?
• How is the Biden administration trying to mend relationships with African nations?
• What might digital currency look like on the continent?
• What did Germany apologize to the people of Namibia for?

Contact Information:

Africa Antitrust & Competition News and Analysis blog

Primerio website

Andreas's bio

Thank you for listening!

Don't forget to FOLLOW and/or 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.

Be sure to connect with us and reach out with any questions/concerns:

LinkedIn

Facebook

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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.