Sheppard's Nota Bene

Joining me this week for the podcast quarterly check in with Europe is International Competition specialist Oliver Heinisch from London. We discuss the "New Europe," tracking immediate impacts of Brexit on the United Kingdom (UK) and European Union (EU), and forecast the near-term future, from a legal and regulatory standpoint impacting international business. We also discuss the European Union's Digital Markets Act, making its way through the legislative process in Brussels, but already enacted in Germany, Europe's largest market.

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 was President Biden's presentation at the G7 summit received by other countries?
• What are the latest updates on Brexit? How will the UK continue to develop it's economy as it exits the European Union?
• What about antitrust law in the European Union and the UK? Will there be any similarities in regulation and enforcement? Any differences?
• Will financial sectors grow in strength in the UK in the upcoming years?
• What is the UK doing to attract and keep European multinational companies doing business in the UK?
• Is there likely to be collaboration between the UK and the EU on issues like free trade?
• How are nations in the EU and the UK driving advancements in the digital markets?
• What are the criticisms of the Digital Markets Act?

Contact Information:

Oliver's Sheppard Mullin attorney profile

[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.

Cyberattacks 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

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.

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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.

Africa is a continent of 1.2 Billion people. From a consumer potential standpoint it matches China or India. Yet historically, it has suffered from its colonial past, and current fractured hostility and corruption. Africa, however, is emerging, and is quickly accelerating into the 21st Century marketplace both from an investment and growth opportunity. From the digital revolution and increased free trade, to innovation in various industries, Africa may be the next market frontier to unfold into accelerated multinational presence. We're joined by Africa competition and markets expert, Andreas Stargard, as he shares his insight to help multinationals navigate the African landscape.

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 do the Africa markets look like from a multinational business opportunity perspective?
• Which countries in Africa have established markets? Which ones have growth potential?
• How and why has China's investment and influence across Africa intensified over the last couple of decades?
• What type of digital revolution is taking place in Africa?
• Is there a huge opportunity for mobile money on the continent?
• How is free trade shaping up across the African continent? How do the AfCFTA's goals tie in?
• What Free Trade cooperation agreements exist among the East, West and South African nations? Will they succeed?
• Where is Africa leading innovations?
• How will African wars and corruption impact its ability to grow a multinational marketplace?

Contact Information:

Africa Antitrust & Competition News and Analysis

Primerio website

Andreas's bio

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.

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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.

Digital platforms and companies have transformed the world in ways no other industry has done before in such dramatic ways. However, these platforms have transitioned from alternative channels to major players (and often, the only players) in many sectors of the economy, raising antitrust issues. Joining me for this conversation are two experts, Robert Klotz and Ciara Barbu-O'Connor, and we're exploring how the European Commission is regulating the rise of tech giants.

Robert Klotz is a partner in the Antitrust & Competition Practice Group in Sheppard Mullin's Brussels office. Robert concentrates on all aspects of EU and German competition and regulatory law and represents clients before the European Commission and national authorities, with a particular focus on network industries, such as energy, telecommunications, post and transport.

Ciara Barbu-O'Connor is an associate in the Antitrust and Competition Practice Group in Sheppard Mullin's Brussels office. She is a member of the firm's EU Competition & Regulatory practice and advises on all aspects of European, UK and Belgian competition law, including mergers, cartels, abuse of dominance as well as State aid across all sectors and industries.

What We Discussed in This Episode:

• What was the progression of the European experience with digital tech platforms?
• How is the European Commission approaching merger controls of tech giants?
• What does enforcement of antitrust laws look like on the EU level?
• What are some ways Europe is filling enforcement gaps?
• While the EU has sanctioned acts in the past, now they're look at implementing regulation ahead of time. Is this a better way to approach enforcement?
• What does the current shift in antitrust enforcement in European markets look like compared to North American markets?
• Which European countries prefer to strengthen antitrust rules as opposed to introducing regulation?
• What is the essential facility doctrine?
• What should multinational companies know about the European Commission's proposed Digital Markets Act?
• What is the criteria for a company to be designated a "gatekeeper" thus triggering potential antitrust action?

Contact Information:

Robert's Sheppard Mullin attorney profile

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

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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.

Music royalty investments have become a big global business. For investors looking for a growing industry to tap into, the music royalty market might be it. Will a flood in investment funds impact the music business overall? We're exploring how the recent flurry of investment money into this market will continue to impact the industry.

Joining me for this conversation is Sid Fohrman. Sid is a partner in Sheppard Mullin's acclaimed Entertainment and Digital Media Practice Group and Leader of the firm's Music Industry Team, and Leader of the firm's Esports Industry Team. Sid represents a diverse client base comprised of public and private companies, on and off-screen talent, artists, influencers, and entrepreneurs across the full spectrum of the entertainment industry, including, music, esports, fitness, sports, technology, event, film and television industries.

What We Discussed in This Episode:

• What rights are included in any royalty deal?
• Why is the royalty investment market so hot right now?
• How is music streaming affecting royalty investment?
• Why are music royalties a smart investment for savvy investors?
• Are these types of investments more appealing and safer than other types of traditional investments like bonds?
• Is there potential for a flood of big investment money to impact the music business in general?
• Why is music publishing an appealing investment?
• How are catalogs valued?
• What other factors are driving the explosion in music royalty investments?
• Will newer artists see investment money come their way?

Contact Information:

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

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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.

Intellectual property rights provide intangible yet valuable assets that multinationals can leverage in the 21st century. One such exclusive property right is trade secrets. Almost every business has the potential to create trade secrets. What is a trade secret and how can companies acquire and, more importantly, protect these intellectual property rights?

Joining me for this conversation is Robert Friedman, who provides a roadmap for employers looking to properly care for, protect, and possibly defend their company trade secrets.

Robert is a partner and Practice Group Leader of the Business Trial Practice Group and is based in the Sheppard Mullin New York office. He is also head of the firm's South Asia team and a member of the White Collar and International Arbitration groups. Robert focuses on business and corporate litigation matters and internal investigations. He has tried over 70 cases and regularly represents financial institutions, technology companies, media companies and litigation trustees in significant business disputes, including those involving trade secrets, software theft, non-compete, securities and license agreements.

What We Discussed in This Episode:

• What is a trade secret?
• Is there an intersection between trade secrets and patents?
• Are there mechanical checks that companies must follow to maintain their trade secrets?
• How can companies enforce and defend against trade secret violations?
• What type of actions give rise to trade secret disputes?
• What are some considerations a potential trade secret plaintiff should consider prior to filing a complaint?
• If a company finds itself as a defendant in a trade secret lawsuit, what protocols should it follow to help their case?
• How should a company approach arbitration when dealing with international litigation?
• What are some general guidelines companies should follow to ensure proper care and protection of trade secrets?

Contact Information:

Rob'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 week.

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, 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.

The relationship between the U.S. and China has deteriorated over the last four years. Barely missing a beat from the coronavirus pandemic, China is the only major world economy to post positive growth during the pandemic period, at a rate of 10% at that. China is now 1/6th larger than the U.S. economy measured by Purchasing Power Parity (PPP), and is projected to outpace the U.S. economy by 135% in just three years' time, by 2024. China, moreover, has almost completely displaced the U.S. as the lead trade partner for most nations around the world, toppling the U.S. from that perch with Germany just last year. And China, as the new Asia Pacific Hegemon, recently formed the Regional Comprehensive Economic Partnership, with virtually all Asia Pacific nations, including historically Japan and Korea. Joining me for this conversation is Seoul, Korea based Paul Kim, to explore the potential turbulence between a once-hegemonic U.S. and the now-hegemonic China. Paul also shares updates from other Asian countries that might affect multinationals doing business in Asia.

Paul is 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 is the global perspective on China's economic assent juxtaposed to the U.S. "disintegration"?
• Did the coronavirus accelerate China's growth?
• Is Purchasing Power Parity (PPP) a better measure of economic power?
• What does the recently signed Regional Comprehensive Economic Partnership (RCEP) trade agreement symbolize in the Asian region?
• What does the RCEP accomplish for signatory countries?
• How will the Biden administration deal with Asia now that it has been entirely excluded from the Trans-Pacific Partnership (TPP) it once worked for decades to initiate?
• How can multinational companies integrate into the Chinese economy now and take advantage of business opportunities generally and under the RECP?
• How are Japan and Korea performing economically in this pandemic era and what sectors are booming in those countries?

Resources Mentioned:

Graham Allison article - "China is Now the World's Largest Economy. We Shouldn't Be Shocked."

Contact Information:

Email: [email protected]

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

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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.

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?

Contact Information:

Siraj'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, 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.

Welcome back to a new year and a new Nota Bene episode. In this Episode, we're joined by two U.S. political experts and lobbyists to explore several of the potential issues facing the 117th Congress under President-Elect Biden's leadership. My guests today are Elizabeth Frazee and Chani Wiggins of TwinLogic Strategies.

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:

• Will we see a more optimistic and productive note in the U.S. in 2021?
• Is President-Elect Biden likely to work well with both sides of the aisle?
• What are some issues that will be addressed by this year's Congress?
• Where will President-Elect Biden likely focus his energy in the first year?
• Does President-Elect Biden's long service in the Senate command greater respect from Congress members?
• When it comes to environmental issues, is Congress willing to return to passing legislation again?
• What will happen with international trade?
• How will cybersecurity and privacy legislation be addressed?
• Will there be continued scrutiny of technology companies?

Resources Mentioned:

In a Different Voice by Carol Gilligan

Contact Information:

TwinLogic Strategies website

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

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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.

Company investors and consequently, corporate boards, are acknowledging the importance of implementing good environmental, social, and governmental ("ESG") policies to help mitigate risk, attract quality leadership, and establish satisfied employees. In this episode, we're exploring the benefits of implementing ESG's for all corporate stakeholders.

Joining me for this conversation are two guests, Allison Troianos and Ariel Yehezkel.

Allison Wu Troianos is an associate in the Corporate Practice Group in the Sheppard Mullin New York office. Allison's practice focuses on advising companies on a broad range of corporate transactional matters, including mergers and acquisitions, private equity transactions, venture capital financings and corporate governance.

Ariel Yehezkel is a partner in the Sheppard Mullin New York office. He is the Practice Group Leader of the firm's Corporate and Securities Practice Group. He concentrates his transactional practice on domestic and cross border mergers and acquisitions, leveraged buyouts, growth capital, minority investments, financing, joint ventures, equity arrangements, and general corporate matters.

What We Discussed in This Episode:

• What are environmental, social, and governmental considerations and why are investors paying closer attention to them?
• How did ESGs develop over the years?
• Are there mandatory rules in the U.S. regarding ESG compliance?
• What steps is the European Commission taking to institute regulations around ESGs?
• Why are investors showing a preference towards companies with established corporate ESGs?
• How are private equity companies establishing criteria for investment funds based on ESGs?
• Is there a connection between improved financial performance and implementation of company ESGs?
• Why are ESGs a greater force for change than government regulation?
• How can companies start integrating ESG plans into their businesses?
• Is there tension between the planning and implementation of ESGs?
• How are professional service providers like law firms integrating ESGs in their own industry?
• How do ESGs appear in public companies?

Resources Mentioned:

2020 Blackrock letter to CEOs

Contact Information:

Allison's Sheppard Mullin attorney profile

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

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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.