Sheppard's Nota Bene

We're checking in with our Europe-based expert on the latest European updates and upcoming changes for the third quarter of 2021 including updates on Brexit, European Union (EU) data protection policies, block exemption regulations, and the United Kingdom's (UK) immigration policies.

Joining me for this conversation is Oliver Heinisch. 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:

• How have the last 6 months been since Brexit officially happened?
• What was one of the strongest drivers behind Brexit?
• How has the overall economic performance looked like for the UK vs. the EU?
• Updates on the negotiations with Northern Ireland.
• What do multinationals need to know about which laws apply in the UK?
• Why is it important for multinationals to design compliance programs based on new intellectual property regulations?
• What is the EU's latest decision regarding the adequacy of the UK's data privacy protection?
• What do the EU block exemption regulations entail?

Resources Mentioned:

Oliver's blog post - Free Data Flow to the UK May Continue – EU Adopts Adequacy Decision - https://www.eyeonprivacy.com/2021/06/eu-adopts-adequacy-decision/

Contact Information:

Oliver's Sheppard Mullin attorney profile - https://www.sheppardmullin.com/oheinisch

[email protected]

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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 we enter the third quarter of 2021, we're taking a look at anticipated legislative activities including President Biden's infrastructure bill, the U.S-China trade war, and Big Tech antitrust issues. We're joined by U.S. government experts and lobbyists Elizabeth Frazee and Chani Wiggins to discuss some of the Federal, legislative, and judicial issues on the agenda.

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's the latest with the Biden infrastructure bill?
• How long will it take to pass budget reconciliation legislation?
• What does the Schumer-backed Endless Frontiers Act provide and how does it take aim at China?
• Will there be greater emphasis on education and training in the high-tech industry going forward?
• How is Congress approaching Big Tech antitrust issues?
• What is Congress's real reason behind wanting to break up Big Tech? Is it about content moderation or something else?

Contact Information:

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

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.

Clean energy technology has been on the rise. As companies strive to become more sustainable and the cost of manufacturing renewable energy continues to decline, we're taking a look at the driving factors behind the shift toward renewable energy and exploring how multinationals can meaningfully participate in this market.

Joining me for this conversation are attorneys Paul Kaufman and Ben Huffman.

Paul Kaufman is a partner of the Real Estate and Land Use and Environment Practice Groups in Sheppard Mullin's San Diego (Del Mar) office. Paul has been an energy lawyer since 1984. Over a career of almost 30 years, he has negotiated all manner of project contracts, including power purchase agreements, hedges, interconnection and transmission agreements and equipment procurement and construction contracts. He represents parties in M&A transactions involving development and operating wind and solar generating projects. He works with renewable energy technologies, including on large wind, solar and biomass projects, and on conventional power plants using fossil fuels, as well as gas storage projects.

Ben Huffman is a partner in the Energy, Infrastructure and Project Finance Team and the Real Estate, Land Use and Environmental Practice Group in Sheppard Mullin's Chicago office. Ben helps developers, utilities, infrastructure funds, banks and institutional investors finance, buy and sell infrastructure projects, and advises the companies that develop and own those projects, across the United States. While his experience spans asset classes and transaction types, he focuses on tax credit monetization transactions and renewable energy generation facilities.

What We Discussed in This Episode:

• What did the Public Utility Regulatory Policies Act (PERPA) allow utility companies do?
• How have the models of energy distribution developed over the years?
• What is a "contract for differences"?
• What are environmental, social, and governance (ESG) goals and how can companies establish and meet those goals?
• Why is there a huge push for sustainability and renewable energy in the technology industry?
• Is there pressure on the U.S. government to move towards renewable energies in order to compete with the governments of other countries?
• Does the current Biden administration infrastructure bill include any proposals that aid the use of renewal energy?
• Why are there a lot of private funds and investments in the renewable energy space?
• What are some questions corporations, developers, and investors should consider when transitioning to renewable energy use?

Resources Mentioned:

The Wall Street Journal article, "Amazon and Other Tech Giants Race to Buy Up Renewable Energy"- https://www.wsj.com/articles/amazon-and-other-tech-giants-race-to-buy-up-renewable-energy-11624438894

Paul and Ben's article - "Corporate Offtake Agreements Are a Driving Force Behind the Shift Toward Renewable Energy in the United States" - https://www.energylawinfo.com/2021/07/corporate-offtake-agreements-renewable-energy/

Contact Information:

Paul's Sheppard Mullin attorney profile - https://www.sheppardmullin.com/pkaufman

Ben's Sheppard Mullin attorney profile - https://www.sheppardmullin.com/bhuffman

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.

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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.

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?

Contact Information:

Ori's Sheppard Mullin attorney profile - https://www.sheppardmullin.com/okatz

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.

U.S.-Russia relations have been complicated, to say the least. Given Russia's recent cyberattacks on SolarWinds and the government-directed attempts to influence the 2020 U.S. presidential election, the Biden administration is stepping up and issuing sanctions against the Russian government to curtail harmful foreign activities. But do these sanctions make a difference? I'm joined by attorneys Fatema Merchant and Mario Torrico to discuss the efficacy of U.S. sanctions against Russia.

Fatema Merchant is a partner in the Government Contracts, Investigations and International Trade and White Collar Defense and Corporate Investigations Practice Groups in Sheppard Mullin's Washington, D.C. office. Fatema focuses on supporting clients in their international business and global transactions to mitigate risk and address trade and regulatory issues. Her practice includes compliance counseling, investigations and cross-border transactional work related to anti-corruption, export controls, economic sanctions, anti-money laundering, foreign investment (CFIUS) and tariff and import regulations.

Mario Torrico is an associate in the Government Contracts, Investigations, and International Trade Practice Group in Sheppard Mullin's Washington, D.C. office. Mario focuses his practice on compliance counseling, investigations, and cross-border transactional work concerning international trade matters including customs, trade remedies, export controls, economic sanctions and embargoes, the Foreign Corrupt Practices Act (FCPA), and other areas of international trade law.

What We Discussed in This Episode:

• What can explain the increased harmful activities by Russia against the U.S.?
• What did the Russian cyberattack on SolarWinds entail and how did the U.S. respond?
• What types of sanctions can the U.S. government impose? What type were issued against Russia?
• What did the sanctions against Russia accomplish?
• Can we expect some level of responsibility from Russia for their cyberattacks?
• Do U.S. sanctions carry any weight? Are they effective?
• Can sanctions be used as a diplomatic, political tool?
• Are U.S. trade partners impacted by U.S. sanctions against Russia and accompanying politics?
• Are ransomware attacks one way Russia can showcase its relevance?
• What might this era of U.S.-Russia relations look like under the Biden administration?

Contact Information:

Fatema's Sheppard Mullin attorney profile - https://www.sheppardmullin.com/fmerchant

Mario's Sheppard Mullin attorney profile - https://www.sheppardmullin.com/mtorrico

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.

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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 is a replay of Episode 114 which originally aired on February 23, 2021.

Cyber attacks have become big business, from the standpoint of both the attackers, and attorneys pursuing liability compensation from corporate attack victims. Threat actors range well beyond hacker cults of old, now including sophisticated state actors, large businesses organized for the very purpose of cyber breach and theft, and complex threat networks that aggregate information formerly treated as innocuous. Ransomware is changing the state of cyber insurance, and both National and State regulations across the globe are entering the field to govern the conduct of business victims in this climate, both in terms of ransom payments themselves, and subsequent obligations to persons whose information goes out the pipes. Breaches, in short, are now a ubiquitous part of the multinational business landscape, and failing to test system vulnerability can present existential risk to any global business organization. We're joined by attorney and cybersecurity expert Kari Rollins to discuss what companies can, and in some cases must, do to prepare for a potential cyber attack.

Kari M. Rollins is a partner in the Intellectual Property Practice Group and an Office Managing Partner of the Sheppard Mullin New York office. Kari focuses on data privacy and data security, and complex commercial litigation matters. She has successfully represented clients in the financial services, audit and accounting, retail and fashion, food services, hospitality, manufacturing, and technology industries before state and federal courts, as well as in front of state attorneys general, federal regulators, and U.S. and international commercial arbitration forums.

What We Discussed in This Episode:

• What are 5 truisms companies should understand when evaluating cybersecurity or data breach risks?
• Are there certain types of businesses that are at greater risk for attacks?
• How can you best understand and abide by your security and privacy obligations as a business?
• Regardless of the systems in place, how can companies account for human error?
• Why training, auditing, and compliance with cybersecurity standards should be part of any incident response plan?
• What are some of industry-specific audit and compliance obligations?
• How can you prepare your "cybersecurity story"?
• Can there be more than one threat actor involved in an attack?
• What are several preparedness steps to avoid modern developments in ransomware?
• For companies that are attacked, how can they make proper payment in order while avoiding further attacks?

Contact Information:

Kari's Sheppard Mullin attorney profile https://www.sheppardmullin.com/krollins

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.

They say imitation is the sincerest form of flattery. Nowhere is this imitation more unwelcome than when it comes to a company's intellectual property. Intellectual property laws and the protection they offer ensure that a business can fully protect its brand and reap the benefits of its inventions. Intellectual property rights also provide a course of action for business owners should they face counterfeiters. In this episode, we're exploring the types of intellectual property protections available to businesses and sharing practical ways to protect against infringements.

Joining me for this conversation is intellectual property attorney Lisa Martens. Lisa is a partner in the Intellectual Property Practice Group in Sheppard Mullin's San Diego (Del Mar) office. Lisa's practice focuses on the protection and enforcement of brands for clients ranging from startups and emerging companies to Fortune 500 corporations. She has particular expertise in the food and beverage, healthcare, life sciences, e-commerce, semiconductor, sporting goods and retail clothing industries.

Lisa counsels clients on a variety of trademark issues, including the development of U.S. and foreign trademark portfolios, global brand strategy and licensing. She has also successfully handled numerous domain name disputes in the U.S. and worldwide. In addition, Lisa provides advice on advertising substantiation and rights of publicity and has successfully litigated false advertising and right of publicity cases in federal court.

What We Discussed in This Episode:

• What is counterfeiting and how does it harm companies?
• What are copyrights and trademarks?
• What qualifies for trademark protection? What qualifies for copyright protection?
• Are trademark and copyright protections automatic? What must a business owner do to obtain each type of protection?
• How intellectual property protections vary by country
• In what ways can pirates knock off a product?
• Which countries are considered "high piracy" locations?
• What are some practical tips for protecting against counterfeiters?

Resources Mentioned:

U.S. Trademark and Patent Office – www.uspto.gov

European Cluster Collaboration Platform - https://clustercollaboration.eu/tags/ctmo

Contact Information:

Lisa's Sheppard Mullin attorney profile - https://www.sheppardmullin.com/lmartens

World Trademark Review article – Practice tips for combatting counterfeiters: an action plan for brands, manufacturers and retailers https://www.worldtrademarkreview.com/anti-counterfeiting/practice-tips-combatting-counterfeiters-action-plan-brands-manufacturers-and-retailers

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.

The employment landscape has been forever changed because of the COVID-19 pandemic. As employers, managers, and human resources professionals learn to navigate the ambiguity of the new workplace, we're diving into some of the short-term and long-term changes and strategies that will help business leaders remain connected and effective.

Joining me to discuss his newly published book, Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued, is author and labor and employment attorney Adam Rosenthal. Adam and I explore several topics from his book including identifying implicit bias, approaching difficult conversations, and managing remote workers.

Adam is a partner in the Labor and Employment Practice Group in Sheppard Mullin's San Diego (Del Mar) and Los Angeles offices. He is an AV Preeminent® (highest honor) rated attorney from Martindale-Hubbell. Adam has also been recognized by BTI Consulting Group as a BTI Client Service All-Star. Adam represents a broad spectrum of employers in all areas of employment law before federal and state courts, the American Arbitration Association and JAMS. Adam represents national and international clients in retail, transportation, high-tech, manufacturing, healthcare, biotech, financial services, hospitality, food services and non-profit organizations.

In April 2020, along with Sheppard Mullin partners Richard Simmons and Brian Murphy, Adam co-authored the Employer's Guide to COVID-19 and Emerging Workplace Issues book (Castle Publications, LLC; ISBN: 978-1-940747-61-3). Adam's second book was released in May of 2021, Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued (Society for Human Resource Management; ISBN: 1586446649).

What We Discussed in This Episode:

• Why it was important for Adam to write this book at this time.
• Why should company managers be well-versed in employment law?
• Why is it important for managers to first identify what type of leader they are?
• How can managers make the most of the first three months after hiring a new employee?
• What is implicit bias and how is it a conundrum for employers?
• How should a manager handle a difficult conversation in the workplace?
• What will be the greatest challenge facing employers coming out of the pandemic?
• How can a manager prepare themself to say goodbye to an employee properly and legally?

Resources Mentioned:

Managing Employees Without Fear: How to Follow the Law, Build a Positive Work Culture, and Avoid Getting Sued - https://www.amazon.com/Managing-Employees-Without-Fear-Positive/dp/1586446649

Employer's Guide to COVID-19 and Emerging Workplace Issues Year 2 - https://castlepublications.com/product/employers-guide-to-covid-19-and-emerging-workplace-issues-year-2/

Contact Information:

Adam's Sheppard Mullin attorney profile - https://www.sheppardmullin.com/arosenthal

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.

The healthcare industry is ripe for disruption and major change. Key players in this space are looking for innovative ways to improve quality, access, and efficiency of care provided. My guest today, Anthony Del Rio, is a leader in the healthcare industry and is working to disrupt the status quo through bold leadership and innovative ideas. For company leaders looking to transform their healthcare businesses, this episode will provide inspiration and practical advice on how to do so.

Anthony Del Rio is the President and Executive Director of Rush Health and a professor at Rush University. Anthony obtained his Bachelor's degree in Business from Georgia State University and his Juris Doctor from Duke University School of Law. He practiced law for several years before joining the Rush University System of Health network.

What We Discussed in This Episode:

• How Anthony took on his new leadership position at Rush Health right at the start of the Covid-19 pandemic
• What's the best way to formulate a strategic vision for a company?
• Is there financial benefit to population health management?
• Why the historic structure of healthcare is no longer serving the public?
• What's the best way a company leader can assess risk before moving forward with instituting innovative strategies?
• What will it take for larger healthcare companies to adopt inventive care programs?
• How is technology assisting in the administration of population health management?
• Why assessing data and analytics can help provide better care?
• The role of courage in leadership

Resources Mentioned:

Intermountain Healthcare

Contact Information:

Rush Health

Anthony's LinkedIn profile

Thank you for listening!

Don't forget to FOLLOW 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.

Many companies do business in multiple states in the U.S. What they might not be aware of is that tax regulations in each state might mandate them to collect and pay sales and use tax for transactions in those states. This is true even if the company does not have a physical presence in that state. In this episode, we're taking a look at the specific laws that every business owner should know in order to remain compliant with state tax regulations. Joining me for this insightful conversation is tax expert and attorney, Justin Hepworth.

Justin is a partner in the Tax and Estate Planning Practice Group in Sheppard Mullin's Orange County office. His practice encompasses a broad range of state and local tax matters, from planning, compliance, and transactional matters to controversy matters in audit and through litigation. Justin regularly advises clients on state and local tax implications of restructurings, mergers, acquisitions, spinoffs, and asset sales. He advises on audit defense, voluntary disclosure, unclaimed property (escheat law), and other controversy and compliance matters. He has extensive experience handling a broad range of multistate issues, including nexus, sales and use tax exemptions, sourcing and characterization, research and development credits, unitary business matters, California Prop. 13 change in ownership issues, and residency planning and audits.

What We Discussed in This Episode:

• What is the significance of the 2018 Supreme Court case of South Dakota v. Wayfair, Inc.?
• What is the "physical presence" test and how was it challenged by the South Dakota case?
• How does a Court have authority to decide cases under the Commerce Clause?
• What is "economic nexus" and how does it apply to companies in today's economy?
• Do state sales and use taxes only apply to the sale of physical goods in a state?
• What about foreign companies doing business in the U.S.? Do they have to pay sales taxes in every U.S. state they do business in?
• How do sales and use taxes affect mergers and acquisitions?
• What are "marketplace facilitator laws"?
• Is there an exodus from California?

Resources Mentioned:

South Dakota v. Wayfair, Inc. (2018)

Contact Information:

Justin's Sheppard Mullin 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 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.

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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.