Sheppard Mullin's Nota Bene Sheppard Mullin, with Michael P.A. Cohen

This episode was originally published on December 2, 2020 as Episode 106.
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 Michael 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.
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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 

This episode was originally published on September 8, 2021 as Episode 142.
Companies are struggling to understand how to comply with rapidly changing and sometimes conflicting privacy obligations. For entities outside of the U.S. seeking to do business in the States, approaching and understanding the patchwork of state and federal privacy laws can be daunting, especially since U.S. privacy laws vary depending on the type of activities in which companies engage, the individuals from whom they gather or use information, and the industry in which the company operates. While there are some “general” privacy laws (notably in California and Virginia) those are the exception rather than the rule.
Rather than think about legal requirements on a law-by-law basis, it can be helpful to group obligations by activity. In this episode, Liisa Thomas discusses ways to approach these requirements, and the support the recent treatise, Thomas on Big Data: A Practical Guide to Global Privacy Laws released by Thomson Reuters, provides for organizations.  She goes into detail about global privacy laws (including all 50 states across America), covering telemarketing, email marketing, wiretap and eavesdropping, biometric children's privacy, spyware and adware and online privacy.  
Liisa Thomas obtained her undergraduate degree from Haverford College, and received her Juris Doctorate from University of Chicago. Liisa leads the privacy and cybersecurity team at Sheppard Mullin and practices in both the Chicago and London offices. She coordinates global policy in the area of privacy, and has taught at many universities including Northwestern University.
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What We Discussed in This Episode:
Why did you publish your new book? What restrictions exist when collecting personal information and what notices need to be given? What type of choices should individuals be provided about how their information is used, and do those choices need to be affirmative (opt-in) or retroactive (opt-out)? How can companies use information -- can they send marketing emails or text messages? Why can’t we create singularity in laws moving forward? Resources Mentioned:
Thomas on Big Data: A Practical Guide To Global Privacy Law
Thomas on Data Breach
Contact Information:
Liisa Thomas
Email
LinkedIn
Facebook
Twitter 

This episode was originally published on September 22, 2021 as Episode 144.
Green hydrogen is a new form of green energy, a clean and safe energy carrier that can be used as a fuel for electricity production and transportation. As with any new industry, there is much that is up in the air as far as its regulation, industrialization, and progress goes. Janice Lin and Tony Toranto pull from their robust knowledge of the green hydrogen industry as they cover the basics of what green hydrogen is, how it’s created as well as what its future looks like in America.
Janice Lin is the Founder and President of the Green Hydrogen Coalition and the Founder and Chief Executive Officer of Strategen. Janice has over 25 years of strategy experience and has distinguished herself as a leading clean energy changemaker. Janice co-founded and for a decade served as Executive Director of the California Energy Storage Alliance, where she helped create the world’s most robust energy storage market. In 2019, Janice launched the Green Hydrogen Coalition, an educational non-profit dedicated to facilitating policies and practices to advance the production and use of green hydrogen in all sectors where it will accelerate the transition to a carbon free energy system.
Tony Toranto is a partner in the Real Estate, Corporate and Finance Practice Groups in the firm's San Diego (Del Mar) and San Francisco offices. Tony is a nationally recognized finance and commercial lawyer with three areas of concentration: corporate, real estate and energy transactions. He is Team Leader of the firm's Energy, Infrastructure and Project Finance Team, who regularly advises clients on conventional and renewable projects, including some of the largest energy projects in the industry. Tony is on the Leadership Committee of the Green Hydrogen Coalition.  He possesses a dual J.D./M.B.A. degree and started his career as a client in private equity; he brings that commercial understanding to every deal.
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.
What We Discussed in This Episode:
What is green hydrogen? What are some processes used to create green hydrogen? Are these methods considered a win for environmental integrity? What led you, Janice, to form the Green Hydrogen Coalition? What barriers in storing, processing, or converting hydrogen have you experienced since forming the GHC?  Why isn’t the entire United States in a green hydrogen state currently? Are other nations moving through their governmental systems more quickly in creating a regulatory framework for green hydrogen?  Do you think green hydrogen may displace other mobile fuels and their storage? Resources Mentioned:
Green Hydrogen Coalition
Contact Information:
Janice Lin 
Tony Toranto
LinkedIn
Facebook
Twitter 

This episode was originally published on June 3rd, 2020  as Episode 84.
The coronavirus pandemic has proven to be the most significant business crisis in global history.  What will it take for multinational companies to aptly respond to the crisis while managing potential future harm from the Paycheck Protection Program (PPP) audits and investigations?
Michael is joined by two guests, Jonathan Aronie and Joe Jay, from Sheppard Mullin’s Organizational Integrity Group (OIG).
Jonathan Aronie is a partner in the Washington, DC office of Sheppard Mullin, and the co-leader of the firm’s Government Contracts and Internal Investigations Practice Group. In 2013, Jonathan was appointed by the U.S. District Court for the Eastern District of Louisiana to serve as the Federal Monitor over the NOPD Consent Decree, the most comprehensive Consent Decree in the country. He is the author of From Bourbon Street To The Board Room: Eight Aids to Sustaining Reform.  
Joe Jay is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin’s Washington, D.C. office. Joseph’s practice encompasses a broad array white collar defense, corporate investigations, and international trade matters. His matters include defense of civil and criminal enforcement actions and investigations, compliance counseling and regulatory advice. 
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What We Discuss in This Episode:
What is the Organizational Integrity Group (OIG) and how does it help businesses? How has the coronavirus pandemic allowed the OIG to focus on what really matters when it comes to businesses responding in real-time to harm? What types of PPP audits and investigations will likely stem from the current pandemic? How will any investigations go beyond merely auditing funds that were disbursed? What else should businesses think about when carrying on with business activities under the PPP? What is the Defense Protection Act (DPA) and how might it affect enforcement of PPP spending? What types of questions are OIG clients asking of their counsel? One of the OIG’s First Principles guides businesses facing a potential crisis to “slow down the scene.” What does that entail? What goals are OIG counsel trying to achieve in what they call the legal “pre-mortem” portion of assessing a company’s needs? How important is it to “vet” any partners that your company plans on working with? Resources: 
"Using “Prospective Hindsight” To Identify And Mitigate Risks During A Crisis," Organizational Integrity Group Blog, May 26, 2020

In the last episode of the season, we connect with Reid Whitten again to discuss the latest in trade and economic developments. He walks through the latest in the supply chain issues, from steel to AI and how these factors add to the growing uncertainty in the economy. Reid also discusses the differences in administration economic oversight between Trump, Biden and even the Greek rulers. He also wades into how China impacts all of the world, from regulation, production and competition.
Reid Whitten is the Managing Partner of Sheppard Mullin’s London office, practicing in international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office. Reid works with clients around the world to plan, prepare and succeed in global transactions. Reid is an Adjunct Professor at the New College of the Humanities in London and at Wake Forest University in the U.S., where he teaches courses on the law of international business. He is also Leader of the Sheppard Mullin CFIUS Team, and is lead author and editor of The CFIUS Book.
What We Discussed in This Episode:
What caused the economic slowdown and price increases?
Are large global supply chain players the reason we can’t get anything?
How do the global players compete with the governments that are supposed to regulate them?
What is the U.S. policy to manage the economy? 
What is the latest in the tariff fight between U.S. and China?
How does the American approach differ from the Chinese approach to managing the economy?
What are the real issues that multinationals need to focus on?
Resources Mentioned:
Tim Maughan
The CFIUS Book: Second Edition
Contact Information:
Reid Whitten

We connect with David Garcia again to discuss the latest in healthcare and antitrust developments. Much has changed since his last visit three years ago and he walks us through some of those trends. He highlights how M&A transactions continue to rise and predicts what may finally put a halt on them. David discusses the race for innovation and how it has impacted the entire healthcare system in the states and globally. Finally, he discusses how states play a role in the regulation and the federal government’s role in the antitrust field. 
Joining host Michael Cohen to share his deep insight on competition laws in the healthcare industry is David Garcia. David is a partner in Sheppard Mullin’s Century City office, a litigator with a broad background in complex civil litigation for major U.S. companies, including extensive class action and multidistrict litigation experience. His practice focuses principally on antitrust litigation and counseling with particular emphasis on the entertainment industry, healthcare litigation and mergers and the intersection between antitrust and intellectual property in litigation and joint ventures.
What We Discussed in This Episode:
Where are we when it comes to healthcare and antitrust status?
How has healthcare M&A changed from three years ago?
How has America benefited from the privatization of healthcare?
What are the inequities at play in healthcare and what will it take to change that?
How are states playing a part in the healthcare regulation system?
What does it mean that the FTC pulled the vertical merger guidelines, but the DOJ did not?
What’s unfair in violating an antitrust stature?
Resources Mentioned:
Nota Bene Episode 20: The Evolving Nature of the U.S. Healthcare Industry with David Garcia (Jan. 23, 2019)
Contact Information:
David Garcia bio