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Sheppard Mullin's Nota Bene

Written by: Sheppard Mullin with Scott Maberry
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  • Summary

  • Explore how global headlines will affect your multinational business on Nota Bene, a bimonthly horizon-scanning podcast for the C-Suite by the Sheppard Mullin law firm. Join host, international trade partner Scott Maberry, as he and his expert guests explore how trends in geopolitics, law and commerce intersect while providing insights and strategies for succeeding as a global business in this new world economic order.
    Copyright © 2018-2022 Sheppard Mullin. All Rights Reserved.
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Episodes
  • Nota Bene Episode 169: The State of the Semiconductor Industry with Reid Whitten of Sheppard Mullin

    Nota Bene Episode 169: The State of the Semiconductor Industry with Reid Whitten of Sheppard Mullin
    Dec 20 2023

    In this episode, Reid Whitten, Managing Partner of Sheppard Mullin’s London office, joins host Scott Maberry to discuss the state of the semiconductor industry, including the U.S. regulatory approach and the lessons it holds for other industries centered on advanced technologies.

     

    • Why is there so much focus on the semiconductor industry?

    • What’s new and different about the U.S. regulatory approach?

    • What other industries could be candidates for similar regulation?

    • If a business unit has an NSC licensing exemption, what should it do now to gain a strategic advantage in the future?

    • What does the recent enhancement of the Foreign Direct Product Rule do?

    • What are the implications of the U.S. Person Activity regulation? 

    • Can you explain the concept of “technological containment?”

    • What is the state of U.S. technological containment of China?

    • What’s the big takeaway for the semiconductor industry?

    • What’s the message for every other industry?

     


    About Reid Whitten

    Managing Partner of Sheppard Mullin’s London office and leader of the firm’s CFIUS Team, Reid Whitten’s practice centers on international trade regulations and investigations.

    Reid is a member of Chatham House, the UK's Royal Institute of International Affair, as well as an adjunct lecturer at the New College of the Humanities in London, at the Université Catholique de Lille in France and at Wake Forest University in the U.S, He also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK.

    A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers and trade publications. He is also the lead author and editor of The CFIUS Book.

     

    About Scott Maberry

    An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. 

    Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. 

    A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

     

    Contact Information

    Reid Whitten

    Scott Maberry

     

    Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month.

    If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show.

    This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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    43 mins
  • Nota Bene Episode 168: How Patent Disputes Affect the Semiconductor Industry

    Nota Bene Episode 168: How Patent Disputes Affect the Semiconductor Industry
    Dec 6 2023
    In this episode, Harper Batts, partner in Sheppard Mullin Silicon Valley’s Intellectual Property Group and co-leader of its Semiconductor Industry Team, joins host Scott Maberry to discuss the different forums for patent lawsuits, the complex nature of resolving semiconductor patent disputes, the timing to resolve the lawsuits and more.   What We Discussed in This Episode: What are the different venues to resolve patent disputes? What sort of timing is associated with the different forums? Why has there been an uptick in filing lawsuits in international venues? Besides money, what sort of damages or relief can parties get? What is the benefit of showing competitive harm? How do you best litigate these complex matters in front of a jury?   About Harper Batts Harper Batts is a partner in the Intellectual Property Practice Group located in the firm's Silicon Valley office. He is also the leader of Sheppard Mullin’s Post Grant Proceedings (PTAB) Group and Semiconductor Industry Team. Harper has almost two decades of experience as an intellectual property litigator and client counselor. Harper has obtained institution on more than 90% of the IPRs he has filed – a number unmatched across the country. Numerous Fortune 500 clients have relied upon his experience to represent them in highly contentious patent disputes in venues across the country. He has been selected multiple times as a Top IP Attorney in California by the Daily Journal (including this year), and IAM Patent 1000 noted that Harper “performs adroitly in post-grant proceedings on both the patent owner and petitioner sides.” In 2022 and 2023, he obtained institution of numerous petitions for inter partes review, obtained numerous final written decisions finding all claims unpatentable, and obtained an exceptional case finding and an award of attorney’s fees in the Central District of California in 2020. He focuses on immediately determining the most relevant and effective pressure points against an adversary to quickly resolve a dispute with minimal disruption and cost to a client. Harper is one of the leading attorneys for handling complex PTAB challenges across a variety of technologies. Harper has represented patent challengers and patent owners in more than 80 CBM and IPR proceedings. He has extensive experience in cases before the Patent Trial and Appeal Board as well as related appeals. About Scott Maberry As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group. Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.   Contact Information Harper Batts Scott Maberry Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts or Spotify. It helps other listeners find this show. This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
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    37 mins
  • Nota Bene Episode 167: New Restrictions on Investment in China with Michael Zhang and Reid Whitten of Sheppard Mullin

    Nota Bene Episode 167: New Restrictions on Investment in China with Michael Zhang and Reid Whitten of Sheppard Mullin
    Aug 24 2023
    In this episode, Michael Zhang, managing partner of Sheppard Mullin's Shanghai office, and Reid Whitten, managing partner of the firm's London office, join host Scott Maberry to discuss a new law that, for the first time, will prevent some U.S. investments in China.    What We Discussed in This Episode: Why would the United States impose a new trade restriction on its third-largest trading partner? What sectors will be affected? When do the prohibitions come into effect? What investors will the investment restrictions apply to? How does the outbound investment restriction fit into overall U.S. China policy? How is this policy viewed from the Chinese business perspective? What reaction should we expect from the Chinese government?   About Michael Zhang Michael Zhang is a lawyer and the managing partner of Sheppard Mullin's Shanghai office. He has a deep understanding of China's legal system and business practices, as well as broad experience in corporate transactions, corporate restructuring, antitrust law, intellectual property, cybersecurity, and personal information protection law in China. Throughout his career, Michael has represented many U.S. and European clients making investments in China and Asia, including mergers and acquisitions, joint ventures, and debt restructurings. He has helped invest in and create business in the internet technology, life sciences, healthcare, automotive, logistics, material hi-tech, telecommunication and software sectors. His extensive knowledge of international business transactions has allowed Michael to represent leading Chinese companies in their outbound equity and asset transactions outside Mainland China, specifically in life science and healthcare, e-commerce and green technology. Drawing on his rich knowledge of antitrust laws in China and other East Asian countries, Michael also counsels U.S. and international clients, as well as Chinese local companies, on international and PRC antitrust issues with respect to pre-merger control, price fixing and monopolistic agreement issues.   About Reid Whitten As Managing Partner of Sheppard Mullin’s London office and leader of the firm’s CFIUS Team, Reid Whitten’s practice centers on international trade regulations and investigations. He works with clients around the world to plan, prepare, and succeed in global transactions. He focuses on his clients’ cross-border investments, particularly in the technology and aerospace sectors, helping clients navigate the international trade regulations that could disrupt their deals.  Reid is a member of Chatham House, the UK's Royal Institute of International Affair. In addition to lecturing at the New College of the Humanities in London, at the Université Catholique de Lille in France, and Wake Forest University in the U.S, he also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK. A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers, and trade publications. He is also the lead author and editor of The CFIUS Book.   About Scott Maberry As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.  Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.   Contact Information Michael Zhang Reid Whitten Scott Maberry Resources Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern Treasury Department Advanced Notice of Proposed Rulemaking   Previous episodes featuring Reid Whitten: https://www.sheppardmullin.com/notabene-447 https://www.sheppardmullin.com/notabene-356 https:/...
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    35 mins
Political Science Business & Careers
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