Ropes & Gray Podcasts

This new Ropes & Gray podcast series, “Conductive Discussions,” focuses on legal issues of interest to the semiconductor industry. In the first episode of the series, IP litigation partners Mark Rowland, Dave Chun and Matt Rizzolo, and IP transactions associate Georgina Suzuki, discuss recent FRAND developments that impact supply chain and global patent licensing practices and recent trends in civil and criminal trade secret enforcement. This podcast also includes SiliconSpeak, a report of recent legal news in the semiconductor industry.

This Ropes & Gray podcast series, which we expect to update periodically, will highlight developments in Washington, D.C. that affect private funds and their legal, regulatory and compliance obligations. In the first episode of the series, hedge fund partner Joel Wattenbarger is joined by investment management counsel David Tittsworth to discuss relevant SEC rulemakings, enforcement and inspection issues, as well as developments on Capitol Hill, including impacts of the partial government shutdown.

During this podcast, Michael Doherty and Jason Kolman discuss some considerations for newer credit fund managers, including common differences between the various types of credit funds, as well as between private equity and credit funds generally. Managers considering entering the credit fund market will gain a better understanding of common differences between credit and private equity funds in regard to topics such as return profiles, recycling provisions, carried interest, management fees, conflicts, tax and leverage.

In this podcast, Laurel FitzPatrick, Adam Greenwood and Jim Brown discuss the tax considerations applicable to non-US investors investing in funds that invest in credit and debt instruments. So-called 'treaty funds' offer one alternative to managing tax implications resulting from these investments, but their complexity requires an understanding of the various structures and mechanisms of these types of funds. In particular, the group discusses the types of treaty funds that are available, such as ‘bring your own treaty’ and Luxemburg and Irish company structures, as well as the differences in operating a treaty fund versus a traditional private equity fund.

In this podcast, Ropes & Gray litigation & enforcement partners Ryan Rohlfsen and Alex Rene are joined by Mike Munro, Director of Global Outreach and Board Advisor, and former Chief Compliance Officer, at Odebrecht Engineering & Construction headquartered in Brazil. They discuss key international risks facing companies in Latin America and strategies to mitigate them.

As global regulations proliferate and become more complex, so too do the challenges of maintaining a high-performing global ethics & compliance program. While no two days are alike for compliance officers, they do face some common risks and challenges. In this podcast, Ropes & Gray litigation & enforcement partner Ryan Rohlfsen is joined by Glenn Leon, Senior Vice President, Deputy General Counsel and Chief Ethics & Compliance Officer with Hewlett Packard Enterprise, to discuss best practices for mitigating risks and meeting global expectations.

April 2018, the Supreme Court issued its opinion in SAS Institute. As a result, petitioners and patent owners needed to immediately grapple with significant practice changes. In this podcast, Doug Hallward-Driemeier, chair of Ropes & Gray’s appellate and Supreme Court practice, and Scott McKeown, chair of Ropes & Gray’s Patent Trial and Appeal Board practice, discuss the strategic implications of SAS for litigating parties, as well as preview further changes to come, including the potential for further patent reform legislation.

The Patent Trial and Appeal Board (“PTAB”) is experiencing significant practice changes thanks to recent feedback from the Supreme Court. In addition, the new U.S. Patent and Trademark Office’s (“USPTO”) Director has committed to bringing further change to the PTAB. In a bold move, the Director has proposed a significant change to PTAB claim construction practices after only a few months on the job — with further proposals to come. In this podcast, Doug Hallward-Driemeier, who leads Ropes & Gray’s appellate and Supreme Court practice, and Scott McKeown, who leads Ropes & Gray’s Patent Trial and Appeal Board practice, discuss these changes and what they might mean for stakeholders.

With the increase in the number of hedge fund and private equity managers starting or considering starting a credit fund, it is more important than ever to understand and address the challenges and risks as they relate to insider trading. Dan O’Connor and Matt McGinnis will discuss the state of play for insider trading law as applied to debt instruments and other assets often held by credit funds, including what to expect from the SEC in this space in the future. They will also discuss various tools and strategies managers can implement in order to mitigate the risks associated with trading in debt instruments, including developing bespoke and nimble policies and procedures, single-firm restricted lists, ethical walls, internal trainings and ongoing risk monitoring.

Although larger sponsors have been running PE funds simultaneously alongside credit funds for quite some time, over the last few years there has been a steady increase in the number of private equity firms expanding their product offering to include credit funds. A key consideration for a PE firm deciding to enter the credit space is how to address and minimize potential conflicts of interest that arise when one sponsor has funds investing in both equity and debt. In the fourth installment of our credit funds podcast series, our attorneys take up this topic in their discussion on how to implement walls, develop appropriate policies and procedures, and navigate disclosure in key conflict scenarios, such as handling material nonpublic information (MNPI), investing in different levels of a portfolio company’s capital structure and allocating investment opportunities.

Implementing effective compliance programs is challenging, especially where third-party risk management is involved. In this podcast, Ropes & Gray litigation & enforcement partner Amanda Raad is joined by ethics and compliance consultant Hui Chen, who served as compliance counsel in the Department of Justice, to discuss how companies can tell if a compliance program is working.

In this Ropes & Gray podcast, tax counsel Morey Ward is joined by tax partner Kendi Ozmon and tax counsel Gil Ghatan to discuss one of the key provisions for tax-exempt organizations from the Tax Cuts and Jobs Act (TCJA) – the new unrelated business taxable income (UBTI) rules for certain fringe benefits. As of January 1, section 512(a)(7) now treats certain employee fringe benefit expenses as giving rise to UBTI for tax-exempt employers, including expenses related to providing transportation-related benefits. This Ropes & Gray podcast explains new section 512(a)(7), provides examples of how it works in the real world and explores the necessity for future guidance as tax-exempt employers consider estimated tax payments.

The rules regarding truthful, non-misleading communications by medical product manufacturers have long been unclear. In recent years, there have been significant developments in the case law, as well as in FDA guidance and DOJ policy, with regard to manufacturer communications about unapproved uses of their medical products. In this Ropes & Gray podcast, life sciences partner Kellie Combs is joined by government enforcement and litigation partners Joan McPhee and Doug Hallward-Driemeier to discuss the most recent developments in this area, relating both to FDA policy development and DOJ enforcement priorities.

Compliance programs are difficult to design, and implementing and enforcing policies and procedures is challenging, especially in complex, global organizations. In this podcast, the first in a series on challenges and best practices in risk mitigation and management, litigation & enforcement partner Amanda Raad and ethics and compliance consultant Hui Chen, former Department of Justice compliance counsel, discuss how companies can transform policies into a culture of compliance.

Today’s asset managers are increasingly multi-platform, regularly managing private equity funds, hedge funds and credit funds all under the same roof. Invariably, it might make business sense for some of these funds to engage in transactions with or alongside one another which give rise to potential conflicts of interest.

Credit fund managers face unique conflicts issues under ERISA that require specific policies and procedures designed to identify, avoid and mitigate the risks these conflicts pose. This podcast serves as an introduction to how credit fund managers should approach some of the common and emerging scenarios and misconceptions surrounding ERISA, including season and sell, loan participations, venture capital operating company designations and transacting in secondary markets.

In its May 30, 2017 decision in Impression Products v. Lexmark International, the U.S. Supreme Court expanded the scope of the patent exhaustion doctrine – a decision that could have substantial effects on patent owner rights, licensing practices, and what companies and consumers may do with products they buy. Ropes & Gray IP litigation counsel Matt Rizzolo (Washington, D.C.) and associate Henry Huang (Silicon Valley) discuss the Court’s ruling and its implications.

What impact is the Supreme Court’s recent decision in Star Athletica v. Varsity Brands, the cheerleader costume case, likely to have on the protectability of the creative elements of clothing and other useful articles?  Doug Hallward-Driemeier, who leads Ropes & Gray’s Appellate & Supreme Court practice, along with Evan Gourvitz from the firm’s Intellectual Property Litigation practice, offer their perspectives on the case and what it may mean for the future copyright protection of fashion and industrial design.

The pending Supreme Court case of Impression Products v. Lexmark International could affect what companies and consumers do with products they buy, based on the doctrine of patent exhaustion.  Following oral argument on March 21, three attorneys from Ropes & Gray’s intellectual property practices discuss the background of the case and potential consequences.  Hear commentary from Megan Baca, a partner in IP transactions, and Matt Rizzolo and Henry Huang from the firm’s IP litigation practice.

What impact will the incoming Trump administration have on the 2017 health care and life sciences regulatory outlook? In this podcast, Washington, D.C.-based partners Tom Bulleit (health care) and Al Cacozza (life sciences) offer their perspectives on what might lie ahead.