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 Changing Contours of Insider Trading Enforcement

JONES DAY TALKS®: The Changing Contours of Insider Trading Enforcement



Recent high-profile insider trading cases leave little doubt that these matters remain an enforcement priority for Washington agencies, including the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), and Department of Justice (DOJ). Jones Day partners Joan McKown, Josh Sterling, and Brian Rabbitt talk about enforcement trends, proposed rule changes, and the increased cooperation between federal authorities.

Read the full transcript on the Jones Day website.


Jones Day Talks: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision-

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



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.

Read the full transcript on the Jones Day website.


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

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



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 of carbon could eventually double, due to the increased focus on climate issues and the tightening of greenhouse gas standards by global regulators.

The increase in trading volume has attracted the attention of regulators and enforcement agencies. Jones Day partner Josh Sterling explains how the carbon markets work, details the risks participants face, and describes what companies using these markets should do now.

Read the full transcript on the Jones Day website.


JONES DAY TALKS®: CFTC and DOJ Target Derivatives Trading Across Industries



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 initiative, the role of data analytics, recent notable cases, and what market participants should know about the importance of full disclosure and transparency during an investigation.

Read the full episode transcript on the Jones Day website.


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.

Read the full transcript at the Jones Day website.


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.

Read the full transcript on the Jones Day website.