Jones Day Talks

Confidentiality and attorney-client privilege are cardinal principles for lawyers. In this regard, international litigation, which may be subject to different and sometimes conflicting confidentiality rules, presents many challenges to the legal teams involved in such a process. Ozan Akyurek and Cyril Philibert, partners in Jones Day's Global Disputes Practice in the Paris Office, analyze the conditions and modalities of application of confidentiality and legal privilege under French law, and illustrate their practical implementation in consideration of concrete examples, particularly regarding the procedure provided for in Article 145 of the Civil Code of Procedure

Jones Day partner Harriet Territt talks with Val Richey, Special Representative and Coordinator for Combating Trafficking in Human Beings at the OSCE, about the urgency the war in Ukraine is creating relative to human trafficking. They also discuss related supply chain issues, and actions businesses can take in the continuing fight against this global issue. Read the full transcript on the Jones Day website.

A turbulent global economy leaves financial institutions and other market participants in challenging positions as they try to hedge and protect their interests in an increasingly uncertain environment. Jones Day partner Josh Sterling talks about the regulatory and legal issues faced by market participants in the volatile economic landscape.

Jones Day partner Miguel Eaton and associates Jenny Plagman and Stephen Scott discuss what candidates should think about when selecting firms for on-campus interviews, interview preparation, and what they need to ultimately consider in choosing a law firm.

As discussions and debates unfold over digital currency regulations, Commodity Future Trading Commission chairman Rostin Benham told a U.S. Senate committee that "speculative fervor" surrounding cryptocurrencies has potentially left investors in need of protections, and made the case for his commission to be charged with overseeing activities in this burgeoning market. Jones Day's Josh Sterling and David Aron discuss the gradual move toward federal oversight of cryptocurrencies, the questions clients ask, and what crypto market participants need to know now.

Joe Sims, who led Jones Day's Antitrust & Competition Law Practice to national and global prominence during nearly 40 years at the Firm, has endowed a new chair at his alma mater, the Sandra Day O'Connor College of Law at Arizona State University: The Sims Chair in Competition Law and Regulation at ASU Law. David Gelfand, one of the country's leading antitrust lawyers, has been named the Sims Chair and professor of practice at ASU Law. Mr. Sims and Mr. Gelfand discuss the Chair, the current state of U. S. antitrust and competition law, and their plans for ASU Law's antitrust program.

Recent high-profile insider trading cases leave little doubt that these matters remain an enforcement priority for Washington agencies, including the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), and Department of Justice (DOJ). Jones Day partners Joan McKown, Josh Sterling, and Brian Rabbitt talk about enforcement trends, proposed rule changes, and the increased cooperation between federal authorities.

A JONES DAY TALKS® Encore Presentation. From May 2021. The European Central Bank's decision to establish a Climate Change Center and invest in a green bond fund launched by the Bank for International Settlements reflects the growing importance of climate change, and ESG more broadly, in ECB policy. The ECB's focus on climate change and sustainable finance will only grow as the EU's Sustainable Finance Action Plan continues to advance. Jones Day's Linda Hesse and Dr. Michael Fischer discuss the Bank's aim to reorient capital flows around a more sustainable economy while managing the financial risks brought by climate change.

A JONES DAY TALKS® Encore Presentation. From June 2021. The surging interest in cryptocurrency continues to raise new legal challenges for market participants and interested parties. This is largely uncharted territory, so there's comparatively little case law. However, a recent federal court's decision in United American v. Bitmain provided some insight as to how courts would apply antitrust laws to cryptocurrency. Jones Day partners Craig Waldman, Mark Rasmussen, and Chris Pace talk about the key takeaways from the court's decision and discuss the other potential types of crypto asset antitrust claims we might see in the months and years ahead.

A JONES DAY TALKS® Encore Presentation. From October 2021. Cryptocurrencies and decentralized finance remain under scrutiny from federal agencies and commissions. The acting Comptroller of the Currency has publicly stated that cryptocurrencies and decentralized finance may be evolving into serious threats to the financial system, much like the way certain financial derivatives prompted serious concerns and a near collapse back in 2008. Clearly, serious regulations are under consideration. Jones Day's Josh Sterling and Dorothy Giobbe discuss what industry stakeholders need to know.

Jones Day partners Meredith Wilkes, Patricia Campbell, and Sarah Geers discuss the implementation of the Trademark Modernization Act, the recent decision in Thaler v Hirshfeld – a case involving protections for works created by artificial intelligence, opportunities for monetizing COVID 19-related patents, and other significant legal developments in the IP space during the last year. For information on the Firm's Women in IP Initiative and their coming events, email WomeninIP@jonesday.com.

Cryptocurrencies and decentralized finance remain under scrutiny from federal agencies and commissions. The acting Comptroller of the Currency has publicly stated that cryptocurrencies and decentralized finance may be evolving into serious threats to the financial system, much like the way certain financial derivatives prompted serious concerns and a near collapse back in 2008. Clearly, serious regulations are under consideration. Jones Day's Josh Sterling and Dorothy Giobbe discuss what industry stakeholders need to know.

In mid-2019, a group of corporate employees based in Silicon Valley launched a months-long campaign of online harassment, threats of violence and physical surveillance targeting a middle-aged couple in Massachusetts who ran an online newsletter covering eCommerce. The employees worked for eBay, one of the largest, oldest Silicon Valley companies. The bizarre episode led to a high-profile federal prosecution of seven people in Boston federal court and a major civil suit against current and former eBay executives. Both matters are ongoing. Jones Day's Andrew Lelling and Amy Harman Burkart, brought the federal criminal case against the rogue eBay employees, when Lelling was the United States Attorney for the District of Massachusetts and Burkart the Chief of the Cybercrime Unit in that office. In this podcast, these veteran enforcement lawyers explain what companies must do to mitigate the corporate risks posed by employee misconduct, with a focus on management expectations, the importance of internal reporting

In AMG Capital Management v. FTC, the U.S. Supreme Court ruled the Federal Trade Commission Act does not allow the FTC to seek, from violators of the Act, "equitable monetary relief" in the form of restitution or disgorgement. Jones Day partner David Morrell talks about how the Court's decision could alter the FTC's consumer-protection enforcement actions moving forward, the Justice Department's newly prominent role in these matters, and what potentially affected parties should know.

Cybersecurity threats remain a constant concern for every business and organization, regardless of size, location, or industry. The stakes relating to possible litigation, financial repercussions, and reputational risk, are high. In this second episode of "A False Sense of Security", Jones Day Talks' series of programs focusing on legal issues that arise in connection with cybersecurity requirements and representations, Jeff Rabkin, Jamila Hall, and Grayson Yeargin discuss the special considerations confronting public sector contractors relative to cyber threats and data breaches. They talk about what can trigger a mandatory disclosure under a public sector contract, consequences and practical considerations regarding disclosures, and False Claims Act decisions concerning cybersecurity issues. The conversation concludes with a look at President Biden's May 2021 Executive Order on Improving the Nation's Cybersecurity.

SEC Chairman Gary Gensler has left little doubt that his commission will closely monitor activity in the cryptoasset markets and the actions of decentralized finance, or DeFi platforms, as investor interest continues to grow. In prepared remarks delivered at an early August event, the chairman said, "We just don’t have enough investor protection in crypto … we have taken and will continue to take our authorities as far as they go." Jones Day's Josh Sterling, Brian Rabbitt, and Mark Rasmussen talk about what the heightened scrutiny means for crypto market participants, and discuss what additional regulatory and enforcement actions could be coming.

The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) were constitutional. Jones Day's Matt Johnson and John Evans talk about the background of the Arthrex case, how the decision could affect the way the PTAB operates, and the implications for parties with matters pending.

The U.S. Supreme Court has ruled 9-0 in National Collegiate Athletic Association v. Alston that the NCAA violated antitrust law by prohibiting member colleges from providing athletes with certain educational benefits. Specifically, the case dealt with the NCAA's restrictions on providing athletes with non-cash, academic-related compensation, such as computers and internships. Jones Day's Chris Pace and Marc Weinroth discuss the Alston decision and its possible long-term implications for college sports.

Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer, and Carrie Kiedrowski discuss how trademark laws have changed and evolved since the Lanham Act’s implementation, and … Continue reading JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law →

Efforts by government agencies, companies, and investors to limit the effects of climate change continue to influence activity in the financial markets. Interest in carbon markets, where emission credits are purchased and sold─and also where derivatives on those credits are traded─is growing rapidly, and that trend is expected to continue. Some estimates predict the cost … Continue reading JONES DAY TALKS®: Carbon Markets are Booming, and Regulators are Watching →