Sheppard's Nota Bene

Our Asian markets expert, Paul Kim, joins the conversation with updates on the recovery efforts post-pandemic in Asia. We further explore China's rise as a dominant figure in the world economy, the impact of the U.S.-China trade war on multinational companies, and the progress of Eastern countries despite COVID setbacks.

Paul is a graduate of 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 is Asia's economic progress different than the progress (or lack thereof) in the U.S. post-pandemic?
• What is the common view and reaction of those in Eastern countries of how COVID was handled in the U.S.?
• What are some of the safety measures still being followed by individuals in Asian countries despite decreased COVID cases?
• How is China's economy pulling ahead of the U.S.'s with the signing of the latest Asia-Pacific trade deal?
• Why are multinational companies being forced to choose between doing business in the U.S. or in China?
• Is the conflict between the U.S. and China regarding trade likely to continue after the U.S. election is settled?
• What is the impression in the East of how the U.S. election developed?
• As China moves closer to a One-China policy, does it have a more political and economic advantage over the West in becoming a harbor for the rest of the world?

Resources Mentioned:

Guns, Germs, and Steel: The Fates of Human Societies – Jared Diamond

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.

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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.

For our Quarterly European check in, we're looking at the latest updates with Brexit and the impact on multinational companies. We're also discussing the regulation of Big Tech companies in the European Union (EU) and exploring if Europe is entering a new era of national security trade regime in line with other jurisdictions across the globe.

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 will a no-deal Brexit mean for multinationals doing business across Europe and the U.K.?
• Has the United Kingdom's "hard ball" negotiating stance harmed its exit from the European Union?
• How are professional services, including the legal profession, impacted by Brexit?
• How can companies prepare for the changes accompanying Brexit?
• Is there likely to still be a Brexit deal? If so, what type of deal will it be?
• How has the relationship between the U.S. and Europe changed over the years?
• Are there shared values between the U.S. and Europe when it comes to regulation of Big Tech?
• How will the European Union ultimately regulate digital platforms? How does that enforcement plan compare with other international jurisdictions?
• Are we entering into a new era of national security trade regimes? How does Europe plan to implement national security trade regulation schemes?

Contact Information:

Oliver'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 Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, 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 conversation about diversity and inclusion in the legal profession has become an increasingly significant and dire one. It's time for the legal profession to take responsibility for implementing initiatives that ensure a diverse and inclusive industry. What can the American Bar Association as well as individual lawyers do to recognize the profession's duty to promote equality? My guest in this episode offers a significant solution in the form of a new ethical rule.

Joining me for this conversation is David Douglass. David is Managing Partner of Sheppard Mullin's 100-lawyer Washington, D.C. office and a partner in its Government Contracts, Investigations and International Trade Practice Group. He defends companies in criminal and civil investigations and litigation. For more than three decades, David has drawn on his criminal and civil trial experience to advise and represent healthcare and life sciences companies, government contractors and other highly regulated business in government investigations, litigation and, of course, trial. David is often lead trial counsel in federal courts, including Washington, D.C., Maryland, Virginia and New York. He defends companies and individuals in criminal and civil, False Claims Act (whistleblower), investigations and litigation.

What We Discussed in This Episode:

• Why does the American Bar Association need to push for diversity?
• What are the moral, ethical, and business arguments in favor of greater diversity in the legal profession?
• Is there a business case for increased diversity in the profession?
• How can non-diverse lawyers participate in the diversity and inclusion efforts?
• What higher value system do lawyers owe fidelity to and how does that show up in our ethical responsibilities?
• How can the American Bar Association help recognize the legal profession's duty to promote equality?
• Can equality changes in the legal profession influence other industries?
• Do lawyers have a social responsibility and obligation to expand the compact of equality?

Resources Mentioned:

David Douglass and Amber Thomson's ABA article - Signposts In The Road: The Lawyer's Ethical Obligation to Promote Diversity In the Legal Profession

Contact Information:

David'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 Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, 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.

As European Union State aid rules evolve in their efforts to "level the playing field" among member states, we're examining the impact of current events like COVID-19 and Brexit on general State aid rules and discussing anticipated future policy changes. Joining me for this conversation are two guests, Jacques Derenne and Robert Klotz.

Jacques Derenne is the Co-Leader of Sheppard Mullin's Antitrust and Competition Group and the head of the EU Competition & Regulatory practice at Sheppard Mullin's Brussels office. He is a member of the Brussels and Paris bars. He is also a Professor at the University of Liège and at the Brussels School of Competition.

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.

What We Discussed in This Episode:

• What is European Union (EU) State aid, and why does it exist?
• How does State aid ensure EU market integration?
• How is EU State aid different than U.S. government incentives?
• Does the European member state populace understand the connection between the linked EU economies and the successful avoidance of war throughout history?
• What is the EU doing to mitigate the impact of COVID-19 on State aid?
• Will Brexit affect State aid in any way? If so, how?
• How is the European Commission controlling foreign (non-EU) subsidies and why?
• How are current reform discussions going?
• What are some criticisms of EU controls?
• Will there be added stress on the EU as China emerges as a world economic leader?

Contact Information:

Jacques's Sheppard Mullin attorney profile

Robert'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 Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, 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 Earth's climate is changing. With unprecedented fires in California and the State's litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry's inability to curb aircraft emissions, the current dire question becomes: Is there hope for the future of our planet?

To help us answer that question is my guest Nicholas W. ("Nico") van Aelstyn. Nico is a partner in the Real Estate, Land Use and Environmental Practice Group in the Sheppard Mullin San Francisco office. Nicholas has more than 25 years of environmental counseling and litigation experience. His environmental compliance counseling practice focuses on climate change, Brownfields redevelopment, sustainability and other regulatory and transactional matters.

What We Discussed in This Episode:

• Why was there no deal reached during the Madrid Conference of the Parties (COP) regarding sequestering carbon emissions?
• How did the Covid pandemic affect the airline industry's efforts to curb international aircraft emissions?
• Does the international community have any recourse to assist in the protection of the Brazilian rainforests?
• How have unprecedented climate events in California impacted federal and state disputes?
• Is it fair to say that the cause of the recent California fires is the State's mismanagement of the forests?
• What does the Clean Air Act waiver provide, and what limits does it place on the Federal government's preemptive rights?
• What does California's cap and trade program entail?
• How is a compact different than a treaty?
• What are the four requirements of the linkage emissions treaty?
• What are the two types of Federal preemption?
• Why combatting global climate change will require a massive amount of investment of capital

Contact Information:

Nico'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 Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, 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.

We are celebrating our 100th episode of the Nota Bene podcast by welcoming back our very first guest on the show, Scott Maberry, to examine the shifts over the past three years away from the world economic order that has existed since the end of World War II, with an emphasis on current U.S.-China relations.

Scott Maberry is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. Scott counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies including antidumping and countervailing duty (AD/CVD) matters, and Customs.

What We Discussed in This Episode:

• How has the U.S. global strategy shifted over the past three years away from the the world trade order that the U.S. established in the 70 years since World War II?
• What are the latest updates on U.S.-China relations?
• What changes does President Trump's national security strategy present to world trade?
• Is China's economic rise a threat to U.S. hegemony? Why or why not?
• How is the semiconductor manufacturing industry an indication of China's strategic economic moves?
• How has China's role in the new World Trade Order changed over the Trump era?
• Did the U.S. "win" or "lose" the trade battle with China?
• How is the trade war with China creating a loss for both sides?
• Can America continue to lead the world in any area as a divided nation? How will its divisions impacts its role in world trade and economy going forward?
• How does social media impact people's understanding of changes in the world economy?
• How interdependent is China?

Resources Mentioned:

The Social Dilemma documentary on Netflix

AI Superpowers: China, Silicon Valley, and the New World Order by Kai-Fu Lee

Contact Information:

Scott'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 Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, 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.

As we pivot into the next generation of technology for the 21st century, we're taking a look at the only intellectual property rights to be mentioned in the U.S. Constitution – patents. We're joined by Rob Masters to explore how patent litigation has evolved over the years, how it continues to develop, and how the courts and the American Congress have impacted the value of the American patent in the modern era.

Robert Masters is a partner in the Intellectual Property Practice Group in Sheppard Mullin's Washington, D.C. office. He focuses his practice on intellectual property law, routinely handling patent, trade secret, copyright and trademark/trade dress litigation in courts throughout the U.S., before the International Trade Commission, before the U.S. Patent Trial and Appeal Board (PTAB), and before international arbitration tribunals across the globe.

What We Discussed in this Episode:

• How has the value of the patent evolved over time?
• What happens if an injunction is issued against a patent holder?
• What two litigation venues in the U.S. are the least friendly to patent infringement defendants and why?
• What did the Supreme Court decide in Ebay v. Mercantile and how did that decision affect patent injunctions?
• What are non-practicing entities and what effect do they have on patent litigation?
• How did the court define "willful infringement" in the Seagate case?
• How did the 2011 American Invents Act and inter party review process develop?
• According to Section 101 from the Alice v. CLS Bank decision, what subject matter is eligible to be a patent?
• What is the current state of patent eligibility?
• Why do Standard Essential Patents matter so much?
• Are there certain countries that are more favorable to patent filings?

Resources Mentioned:

Intellectual Property Outlook: Cases and Trends to Follow in 2020

Contact Information:

Rob'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 Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, 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 United States Supreme Court infrequently hears antitrust cases but when it decides to hear a case, the Court has the power to shape the framework of American antitrust laws. In this episode, we're examining the implications of the Supreme Court's recent decision in the 2019 Apple Inc. v. Pepper case and the role of the Court in bringing antitrust laws in alignment with modern economic understanding.

Joining me for this conversation are two guests: Thomas Dillickrath and Bevin Newman.

Thomas Dillickrath is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin's Washington, D.C. office. Tom focuses on antitrust litigation and merger investigations. Prior to joining the firm, he served as Deputy Chief Trial Counsel at the Federal Trade Commission's (FTC's) Bureau of Competition.

Bevin Newman is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin's Washington, D.C. office. She focuses much of her practice in the healthcare industry, bringing over 20 years of experience advising and defending globally renowned health systems, academic medical centers, providers, payers and pharmaceuticals companies undertaking significant transactions, including mergers and acquisitions, joint ventures, intellectual property licenses and innovative alliances, as well as on conduct matters.

What We Discussed in This Episode:

• What role does the U.S. Supreme Court play in the development of antitrust policy?
• What is "evolutionary jurisprudence" and how does that show up in today's antitrust laws?
• Are courts best suited for deciding complex questions of domestic competition policy?
• Do countries like China, Japan, and various countries in Europe have tighter control over the application and enforcement of their competition statutes than the U.S. system?
• What is at the heart of the one antitrust case that the Supreme Court heard in 2019, Apple Inc. v. Pepper?
• What did the Supreme Court decide in the Apple Inc. v. Pepper case, and what effect will the Court's decision have on antitrust laws?
• Has the long-standing Illinois Brick Co. direct purchaser rule been changed by this Apple Inc. decision?
• Is the Supreme Court departing from where it has been on antitrust laws up to this point?

Resources Mentioned:

U.S. Courts Annual Review: Supreme Court article

Contact Information:

Tom's Sheppard Mullin attorney profile

Bevin'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 Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, 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.

There is a massive transformation taking place with the U.S. energy infrastructure. As renewable energy increases in importance and continues to displace oil and gas, we're taking a closer look at how North America's energy markets are transforming.

Joining me for this conversation is Mark Sundback. Mark is a partner in the Real Estate, Land Use and Environmental Practice Group in Sheppard Mullin's Washington, D.C. office. Since 1981, Mark has been engaged in the representation of energy industry participants before federal and state agencies charged with jurisdiction over energy markets and their participants.

What We Discussed in This Episode:

• How is renewable energy disrupting the current North America energy transmission landscape?
• Are renewables replacing natural gas and oil pipelines?
• What changes did Texas implement to its grid and infrastructure?
• If we're aiming for a renewables-based future, where will the energy need to come from?
• Will it be possible to reach 100% reliance on renewables?
• Will there be certain regions around the world who out-perform other regions in harnessing renewable energies? Why?
• Is there a political element to renewable energy emergence?
• How can multinationals in the oil and gas industries prepare for the impending changes?

Resources Mentioned:

Mark's article - Federal Energy Regulatory Commission puts renewable energy resources in its crosshairs

Contact Information:

Mark'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 Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, 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.

Antitrust litigation of cartels in the U.S. is a complex area of law that skilled attorneys must guide their clients through. To fully understand the nuances of this area of law, we're exploring the development of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) over the years and the growth of cartel litigation in the U.S.

Joining me for this conversation are two guests, Dylan Ballard and Mike Scarborough. Dylan Ballard is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin's San Francisco office, where he leads the firm's San Francisco Recruiting Committee. He is a trial lawyer who specializes in litigating antitrust and competition cases arising under the federal Sherman and Clayton Acts, as well as state antitrust, consumer protection, and unfair competition statutes.

Mike Scarborough is a partner and Practice Group Leader of the Antitrust and Competition Practice Group in Sheppard Mullins San Francisco office. He specializes in complex litigation, with extensive experience handling international cartel investigations, class actions, high-stakes commercial disputes, consumer protection matters, and litigation and investigations at the intersection of antitrust and intellectual property law.

What We Discussed in This Episode:

• What is a cartel?
• Why does the U.S. have an amnesty program for cartels?
• How did the leniency program in the U.S. become a model for jurisdictions around the world?
• How effective has the leniency program been for cartel defense over the years?
• What distinguishes the U.S. response to cartels from the response of other jurisdictions around the world?
• What are the issues associated with signing confession statements?
• What was Congress trying to accomplish when it passed the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA)?
• Who determines if the cooperation given to the civil claimants by the government is satisfactory and timely?
• What cost/benefit analysis must be conducted by claimants prior to seeking amnesty?
• How can the ACPERA statute be improved?

Resources Mentioned:

Dylan and Mike's article – Amnesty and Its Punishments: ACPERA and the Future of U.S. Cartel Enforcement

Contact Information:

Dylan's Sheppard Mullin attorney profile

Mike'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 Wednesday.

If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Play, 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.