Jones Day Talks

Private enforcement actions relating to antitrust matters has increased dramatically across Europe in recent years, both as follow-on damages claims in reaction to governmental enforcement actions, or as standalone competition claims pursued in litigation and arbitration by private parties. Jones Day partners Jürgen Beninca and Nicholas Cotter discuss what is behind the escalation in cases, including the effects of the European Union's 2014 Damages Directive. Read the full transcript on the Jones Day website.

Long before ESG caught the attention of corporate boardrooms, Wall Street, and the investing public, socially responsible investing thrived in the form of tax credit investments, often in the form of incentives implemented by the federal and state governments to encourage the development of real estate projects beneficial to a specific community. Jones Day’s Jeff Gaulin, Patrick Cronin, Doug Banghart, and John Kelley explain how these programs work and the potential impact on the areas they are designed to help, as well as how they have expanded and can help investors of all kinds meet their ESG objectives. For more information on other ESG topics that may be relevant for your organization, please see our ESG insights page. Read the full transcript on the Jones Day website.

A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the “Tiffany” name. Jones Day partners Meredith Wilkes and Jessica Bradley explain why the decision is illustrative of the treatment of evidence at the summary judgment stage, while also providing clarification on differences between trademark infringement and counterfeiting. Read the full transcript on the Jones Day website.

Takeaways from this discussion: Green bond issues are surging worldwide, eclipsing US$257 billion in 2019. Major corporates, including many not usually associated with climate initiatives, are bringing green bonds to market, spanning the investment grade and high-yield spectrum and including more exotic instruments as convertibles and covered bonds. Green bond qualifying standards in Europe differ from those in the United States. An EU Green Bond Standard may be adopted as early as Q4 2020. First-time issuers should plan time to calibrate their green bond framework and prepare for reporting requirements, enhanced investor outreach, and potential for liability. "Greenwashing" remains a concern. Read the full transcript on the Jones Day website.

In this edition of Jones Day's Women in IP series, partners Rebecca Swindells and Meredith Wilkes explore the challenges of protecting trade secrets when employees are working at home or other locations outside the office. They discuss the obligations incumbent on employers to protect trade secrets, the risks related to remote employees that should be addressed, and the legal remedies available when trade secrets are compromised. Read the full episode transcript on the Jones Day website.

Since the Trump Administration lifted the suspension of Title III of the Helms-Burton Act in May 2019, thereby allowing U.S. citizens to sue companies profiting from assets in Cuba seized under the Castro regime, high-profile corporations in several industries are facing—or are potentially facing—significant legal action. Jones Day partners Rick Puente and Chris Pace review recent developments and talk about what affected parties and stakeholders should watch for in 2020. Read the full transcript on the Jones Day website.

False advertising cases remain a complicated area of intellectual property law. Jones Day's Meredith Wilkes, Jessica Bradley, and John Froemming talk about the types of false advertising claims, explain who can sue, describe the available remedies, and review the recent decision in the MillerCoors v. Anheuser-Busch Companies  Super Bowl commercial case. Read the full episode transcript on the Jones Day website.

As Jones Day's PTAB Litigation Blog marks its 500th posting, Dave Cochran and Matt Johnson discuss current patent litigation developments, near-term trends, and how the PTAB is handling cases during the COVID-19 lock down. Read the full transcript on the Jones Day website.

Jones Day Insurance Recovery Practice Leader Ty Childress discusses the insurance implications relating to COVID-19, including employee health and safety concerns, the importance of reviewing language, determining what constitutes a "physical loss," and what business operators must do now. Read the full transcript at the Jones Day website.

Jones Day partners Alexis Gilroy and Maureen Bennett talk about lessons already learned from COVID-19, the questions clients are asking, why it's important that the world's health care organizations share information, and how telemedicine can help. Read the full transcript on the Jones Day website.

This special edition of Jones Day Talks celebrates the Firm's initiatives that showcase the accomplishments of our women partners and associates, and that provide professional development opportunities to the next generation of lawyers both inside and outside the Firm. Read the full transcript at the Jones Day website.

The IRS's first guidance on the taxation of cryptocurrency in five years provides some new insights, but also leaves several issues unresolved. Jones Day partner Lori Hellkamp discusses Revenue Ruling 2019-24, with particular attention to the tax treatment of "hard forks" and "airdrops," tips for remaining compliant, and the remaining questions relating to the taxation of virtual currencies. Read a full transcript on the Jones Day website.

Intended to improve efficiencies and reduce processing errors, new rules implemented by the U.S. Patent and Trademark Office require electronic filing of trademark applications, and all submissions associated with applications. Requirements for trademark specimens of use were also updated. Meredith Wilkes, Ilene Tannen, and Carrie Kiedrowski discuss the likely impact of the new requirements, talk about the problems created by fraudulent specimens, and preview Jones Day's Women in IP initiative's event calendar for 2020. Read the full transcript on the Jones Day website.

Jones Day's global anti-human trafficking initiative promotes unprecedented collaboration between our Firm, our clients, law enforcement, governments, and other organizations to detect, uncover, prevent, and prosecute crimes involving the sex trade, forced labor, and similar exploitation. In observance of National Human Trafficking Awareness Month, partners Laura Ellsworth and Bethany Biesenthal discuss what Jones Day's anti-trafficking pro bono efforts have accomplished, and talk about the Firm's objectives moving forward. Read the full episode transcript on the Jones Day website.

2019 was undeniably a very active year for intellectual property law—there were notable Supreme Court decisions relating to trademarks and patent litigation, and significant developments relating to AI and life sciences. 2020 promises to be just as interesting. Jones Day's Meredith Wilkes, Patricia Campbell, and Tracy Stitt explain what's recently happened and let us know what to look for in the year ahead. They also talk about what Jones Day's Women in IP initiative has planned for 2020. Read the full episode transcript on the Jones Day website.

In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the Patent Trial and Appeal Board ("PTAB") were in violation of the Appointments Clause of the U.S. Constitution. Jones Day's Matt Johnson and Dave Cochran discuss the potential ramifications of this decision and talk about what parties to PTAB matters should do now.

Proposed regulations, which will implement the Foreign Investment Risk Review Modernization Act ("FIRRMA") next year, revise the process for review of foreign investments and also reflect the U.S. government's evolving view of what sectors of the U.S. economy (such as real estate, life sciences, and data collection or maintenance) raise national security concerns and, as  result, will be subject to heightened scrutiny. Jones Day's Laura Fraedrich, Chase Kaniecki, and Justin Huff explain why a growing number of industries must consider FIRRMA's implications when structuring transactions involving non-U.S. investors.

Two recent patent applications seek protection for inventions that were created autonomously by artificial intelligence without a human inventor. The applicants want the AI to be deemed the inventor and the AI's owners to receive the patent rights. Emily Tait and Carl Kukkonen discuss how the United States Patent and Trademark Office is exploring the relationship between AI and patent law. Read the full transcript on the Jones Day website.

Legal and regulatory battles continue over net neutrality, the concept that all internet traffic should be treated equally. In Mozilla v. Federal Communications Commission, the U.S. Court of Appeals for the D.C. Circuit upheld the Commission's deregulatory approach to net neutrality but also struck down an order blocking states from implementing their own rules. Jones Day partner Brett Shumate explains what the court's decision could mean for net neutrality moving forward. Read the full transcript on the Jones Day website.

Signed into law by California Gov. Gavin Newsom, the Fair Pay to Play Act will allow college athletes in that state to accept payment for the use of their name, image, and likeness. In response, the NCAA has threatened to bar colleges from postseason tournaments if they allow players to profit under the new law's provisions, and several athletic conferences have also voiced opposition. Still, a number of states are already considering legislation similar to that enacted in California. Jones Day's Marc Weinroth, Ilene Tannen, and Brett Shumate discuss the probable implications of the Fair Pay to Play Act. Read the full transcript on the Jones Day website.