Appointments of PTAB Judges Ruled Unconstitutional ... What Now?

JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional … What Now?



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.


ESG: The Opportunities and the Risks

JONES DAY TALKS®:ESG – The Opportunities and the Risks



ESG—Environmental, Social, and Governance—investing is attracting the attention of pension funds, hedge funds, sell-side analysts, large money managers, lenders and banks, and political interest groups and activists, all of whom can exercise their shareholder rights to push changes through corporations.

Jones Day’s Linda Hesse and David Woodcock talk about how ESG is received in corporate boardrooms, and what the opportunities and risks are for companies engaged in ESG initiatives.


Proposed Regs Implement FIRRMA, Expand CFIUS’s Jurisdiction Over Foreign Investments

JONES DAY TALKS®:Proposed Regs Implement FIRRMA, Expand CFIUS’s Jurisdiction Over Foreign Investments



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.


When Innovation Invents

JONES DAY TALKS®: When AI Invents: Two Applications Test U.S. Patent Law



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.


The D.C. Circuit's Mixed Decision on Net Neutrality

JONES DAY TALKS®: The D.C. Circuit’s Mixed Decision on Net Neutrality



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.


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.

JONES DAY TALKS®: Game Changer? California’s Fair Pay to Play Act and the Future of College Sports



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 WeinrothIlene Tannen, and Brett Shumate discuss the probable implications of the Fair Pay to Play Act.


JONES DAY TALKS®: Game Over? Alston and the Future of Pay-for-Play in College Sports – ENCORE PRESENTATION



In this Encore Presentation: JONES DAY TALKS® podcast on what has become known as the Alston or Jenkins case, a California district judge has issued a 104-page order in In re: NCAA Grant-in-Aid Cap Antitrust Litigation. The matter focused on NCAA rules that prohibit schools from offering certain forms of compensation to student-athletes. Jones Day’s Chris Pace and Marc Weinroth talk about the Alston decision and what it could mean for college sports programs.


JONES DAY TALKS®: Helms-Burton Risks Continue for Companies with Investments and Operations in Cuba



The uncertainty continues for companies potentially at risk since the Trump Administration lifted the suspension on Title III of the Helms-Burton Act, a provision that empowers U.S. nationals with claims to confiscated property in Cuba to file suit in U.S. courts against entities “trafficking” in those assets.

Rick Puente and Chris Pace review recent case developments, discuss the appointment of new National Security Advisor Robert O’Brien, and talk about what parties possibly affected by Helms-Burton should expect next.


Scandalous Matter at Supreme Court

Women in IP: Reviewing a “Scandalous Matter” at the Supreme Court



The U.S. Supreme Court’s ruling in Mission Product Holdings v. Tempnology, LLC  holds interesting implications for both trademark law and bankruptcy law. Also, in Iancu v. Brunetti, the Court confirmed that trademarks cannot be refused registration on the basis that they constitute “immoral” or “scandalous” matter. Meredith Wilkes, Jennifer Swize, and Anna Raimer review the ramifications of these decisions and preview two additional trademark cases the Court will hear next session.


Managing Multijurisdictional M&A

Jones Day Talks: Managing Multijurisdictional M&A – ENCORE PRESENTATION



In this Encore Presentation: Jones Day Talks podcast on foreign direct investment, Randi Lesnick and Chase Kaniecki discuss the current global M&A landscape, the challenges of multijurisdictional deal making, the impact of geopolitical issues, and why investors can benefit from contingency planning.