Sheppard's Nota Bene

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....

This episode was originally published on February 2, 2021 as Episode 111.   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...

Joining me this week for the podcast quarterly check in with Europe is International Competition specialist Oliver Heinisch from London. Oliver shares the latest updates from the continent, including insight on Brexit, European merger controls, and the adequacy of GDPR enforcement.   Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin's London and Brussels office...

Africa continues to strive for economic growth through various means such as trade partnerships and foreign investments. However, long-standing challenges remain an impediment in certain respects. Is Twitter's decision to open an African base in Ghana any indication of the continent's economic potential? We're joined by Africa competition and markets expert, Andreas Stargard, as he shares insights...

The U.S. government will have its hands full in the second quarter of 2021. From President Biden's recently unveiled $2 trillion dollar infrastructure plan meant to rebuild and reshape the economy to Congressional regulation of Big Tech companies, we're joined by U.S. government experts and lobbyists Elizabeth Frazee and Chani Wiggins to discuss some of the Federal, legislative, and judicial issue...

As the world emerges from the global economic shut down that occurred in 2020 due to the pandemic, many multinational companies are facing production issues and supply shortages. The challenge, in 2021, will be for companies to strengthen their supply chains and explore domestic manufacturing alternatives. Joining me for this conversation is Seoul, Korea-based attorney and Asia markets expert, Pau...

2020 brought about rapid change in the American healthcare industry. Many hospitals and healthcare providers are turning to mergers as a means of providing improved health services to the population at scale. These consolidations, however, do not occur without setting off antitrust alarms. In this episode, we're exploring the current state of the U.S. healthcare system and the application of antit...

The U.S.-China relationship continues to be a contentious one. Tensions over trade, technologies like 5G networks, and other issues flared over the past few years. What changes to international relations, if any, can the new presidential administration bring about, and what policies from the former administration will have lasting implications? Joining me for this discussion are attorneys and glob...

From due diligence to post-acquisition, there are various labor and employment issues that businesses should pay attention to in order to ensure smooth corporate transactions and integrations. Employee classifications and trade secret protections are two of several issues we explore in this episode with labor and employment law experts Kevin Cloutier and Shawn Fabian. Kevin Cloutier is a partner i...

The U.S. Senate has introduced legislation that presents dramatic changes to the current state of U.S. antitrust law, driven by the assumption that Big Tech as it has evolved currently constitutes a series of defined market monopolies.  But the Economist recently questions whether that assumption should be reconsidered given the rise in shares of second and third firms in these markets over the pa...

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'...

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...

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 f...

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 exp...

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 part...

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 Rober...

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%...

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...

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 boutiqu...

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,...

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 obt...

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 Pr...

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...

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 Antitrus...

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...