The energy markets are highly regulated, and producers, transmitters, and consumers of energy all use the highly regulated derivatives markets to hedge their energy risks. How do the Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) respond when there are price disruptions, like with Winter Storm Uri, or evidence of manipulation … Continue reading Jones Day Talks®: Energy Derivatives and Regulatory Enforcement by the CFTC and FERC →

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Jones Day Talks®: Energy Derivatives and Regulatory Enforcement by the CFTC and FERC

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 eBay, 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 and communications across teams, and the role executives must play in encouraging compliance through ethical behavior.

JONES DAY TALKS®: The eBay Cyberstalking Case: Mitigating the Compliance Risks of Employee Misconduct

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.

JONES DAY TALKS®: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision

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.

JONES DAY TALKS®: A False Sense of Security: Cyber Disclosure Obligations for Public Contractors

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.

Crypto and DeFi Platforms: Aggressive SEC Enforcement on the Way?

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.

JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges

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.

JONES DAY TALKS®: Alston, the NCAA, and the Future of 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 →

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 →

JONES DAY TALKS®: Carbon Markets are Booming, and Regulators are Watching

Jones Day’s series on private enforcement actions relating to antitrust matters in Europe turns to significant developments in Spain. Raimundo Ortega and Antonio Canales explain why antitrust actions in Spain have increased, discuss how damages are disputed and quantified, and review the key takeaways from the high-profile Truck Cartel and Paper Envelope Cartel matters.

JONES DAY TALKS®: Private Antitrust Litigation in Spain

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, … Continue reading JONES DAY TALKS®: Takeaways from a Landmark Cryptocurrency Antitrust Case →

JONES DAY TALKS®: Takeaways from a Landmark Cryptocurrency Antitrust Case

As the infamous college admissions scandal unraveled, it became clear that aside from the illegal activities of the defendants – who included the principal of an admissions consulting firm, coaches and staff at certain universities, and the parents of college applicants – the case exposed potential problem areas for academic institutions related to their compliance … Continue reading Jones Day Talks®: Operation Varsity Blues and the Need for Internal Controls at Academic Institutions →

Jones Day Talks®: Operation Varsity Blues and the Need for Internal Controls at Academic Institutions

Cybersecurity risk is evolving and expanding. Traditionally, cybersecurity risk has been equated with cyber attacks and associated legal consequences. That risk is undoubtedly real: All internet connected systems remain vulnerable to increasingly sophisticated, persistent threat actors, including nation states and well-funded criminal organizations, who can circumvent even robust defenses to intrude into systems and expose … Continue reading JONES DAY TALKS®: Cyber Risks: A False Sense of Security – Episode 1 →

JONES DAY TALKS®: Cyber Risks: A False Sense of Security – Episode 1

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 … Continue reading JONES DAY TALKS®: European Central Bank’s Climate Center and Investment Plans Focus on Sustainability →

JONES DAY TALKS®: European Central Bank’s Climate Center and Investment Plans Focus on Sustainability

In an effort to uncover and prosecute unlawful actions in the derivatives and futures markets, the U.S. Commodity Futures Trading Commission (“CFTC”) and U.S. Department of Justice (“DOJ”) have in recent years engaged in unprecedented levels of cooperation. Jones Day partners Josh Sterling and Brian Rabbitt discuss the DOJ / CFTC commodities fraud task force … Continue reading JONES DAY TALKS® – CFTC/DOJ Task Force Targets Fraud in Derivatives Markets →

Jones Day Talks®: Energy Derivatives and Regulatory Enforcem...