Category Archives: Government Regulation

Jones Day Talks Government Regulation includes discussions related to antitrust, competition, environment, trade, regulatory law, and public law.

JONES DAY TALKS - The Biden Administration and the CFTC

JONES DAY TALKS®: The Biden Administration and the CFTC: Are Changes Coming?



The Commodity Futures Trading Commission, or CFTC, has broad regulatory powers to monitor the U.S. derivatives markets, which include futures, swaps, and some options.

Jones Day partner Josh Sterling, the former Director of the CFTC’s Market Participants Division, talks about how the Commission fits into the broader regulatory framework, how it monitors fintech innovations, its climate change priorities, and what market participants can expect from the Biden administration.

Read the full transcript on the Jones Day website.


JONES DAY TALKS - Navigating Sanctions

JONES DAY TALKS®: Navigating Sanctions and Export Controls: A Guide for EMEA Businesses



In this recap of a recent Jones Day client-focused webinar, partners Harriet Territt, Eva Monard, Sean Boyce, and Rick van ‘t Hullenaar review 2020’s critical developments in U.S., EU and UK sanctions and export controls that directly impact EU, Middle Eastern and UK businesses operating in the global marketplace. These include:

  • Expanded use of U.S. secondary sanctions and export controls;
  • The emergence of global Magnitsky-style (human rights) sanctions regimes in the UK and EU;
  • Increased pressure for more active enforcement of EU sanctions;
  • The advent of an independent UK sanctions regime; and
  • Growing divergence between U.S. and EU sanctions policies.

The panel then focuses on 2021, noting the key transitions occurring in the U.S., where a new administration will examine the mark left by the previous administration on U.S. sanctions and export control policy, and in the EU and UK, where the Brexit transition period ended last year. These transitions will have far-reaching implications for global trade.

Read the full transcript on the Jones Day website.


JONES DAY TALKS®: Helms-Burton Cases Move Through Courts, and the State of U.S./Cuba Relations



Jones Day partners Rick Puente and Chris Pace talk about what affected parties need to know about the Helms-Burton cases moving through U.S. district and appellate courts. They also comment on the current state of U.S./Cuba relations, and discuss how the Biden administration might approach dealings with the Caribbean nation.

Read the full transcript on the Jones Day website.


JONES DAY TALKS®: Helms-Burton Litigation Heading into Presidential Election

JONES DAY TALKS®: Helms-Burton Litigation Heading into Presidential Election



In May of 2019, the Trump Administration lifted the suspension of Title III of the Helms-Burton Act. This cleared the way for U.S. nationals with claims to property in Cuba that was confiscated under the Castro regime to file suit in U.S. courts against persons that may be “trafficking” in that property. Jones Day Miami-based partners Rick Puente and Chris Pace discuss the most recent court actions and decisions related to Title III matters.


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.


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.


France's FDI Regulations Target Sensitive Industries

France’s FDI Regulations Target Sensitive Industries



France remains a vibrant market for investors. But as is the case in many countries, France is establishing regulations to oversee and control foreign investment in certain industries and sectors. Jones Day’s Audrey Bontemps, Nicolas Brice, and Chase Kaniecki talk about the country’s foreign direct investment regulations and explain how parties to possible transactions subject to these rules should proceed.


Jones Day Talks: Italy Embraces Foreign investment but Maintains Oversight



Italy is ranked one of the top destinations for investment in the European union. Still, the Italian government wields the authority to review, and even prevent, investments by foreign entities seeking assets in certain sectors and industries.

Jones Day’s Stefano Crosio and Chase Kaniecki talk about recent developments in Italy’s foreign direct investment regulations and discuss strategic considerations for parties to potential transactions.


Oversight of Foreign Direct Investment in the UK

Jones Day Talks: Oversight of Foreign Direct Investment in the UK



The United Kingdom is taking a careful look at potential direct investments by foreign entities. While the UK certainly works hard to attract investor interest, concerns relating to certain sectors can trigger government scrutiny and oversight.

Jones Day’s Matt Evans and Chase Kaniecki discuss the U.K.’s review process, the role of the Competition and Markets Authority, the sectors subject to examination, and the importance of “managing the message.”


EU's New Foreign Direct Investment Regulations Eye Specific Sectors

EU’s New Foreign Direct Investment Regulations Eye Specific Sectors



In step with a global trend, the European Union has enacted a framework, effective October 11, 2020, for screening foreign direct investment into EU states.

Jones Day’s Renato Antonini, Eva Monard, and Chase Kaniecki discuss the industries and sectors affected, the impact on investment deal flow, and other likely effects of the new EU-wide provisions.