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

Financial Markets, Fintech, , , , , ,

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.

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Supreme Court Rules on Constitutionality of Administrative Patent Judges SOCIAL

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

Intellectual Property, Litigation, Supreme Court, , , ,

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.

Read the full transcript on the Jones Day website.

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

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

Antitrust, Litigation, , , , ,

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.

Read the full transcript on the Jones Day website.

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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

Intellectual Property, , , , , , , , , , , , , ,

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 talk about recent cases relating to trademark dilution, internet domain names, and willful infringement. They also examine the significant changes that are part of the Trademark Modernization Act of 2020.

Read the full transcript on the Jones Day website.

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

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

ESG, Government Regulation, , , , , , , , ,

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.

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JONES DAY TALKS-Private Antitrust Litigation Spain

JONES DAY TALKS®: Private Antitrust Litigation in Spain

Antitrust, Europe, , , , , , ,

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.

Read the full transcript on the Jones Day website.

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Jones Day Talks Takeaways from a Landmark Cryptocurrency Antitrust Case

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

Antitrust, , ,

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, Mark Rasmussen, and Chris Pace talk about the key takeaways from the court’s decision and discuss the other potential types of crypto asset antitrust claims we might see in the months and years ahead.

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JONES DAY TALKS Energy Derivatives and Regulatory Enforcement by the CFTC and FERC

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

Energy, , , , ,

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 or other potential wrongdoing in those markets? Listen as our partners and former senior FERC and CFTC regulators David Applebaum and Joshua Sterling share their views on how those agencies bring enforcement actions and how they will seek to address climate change and other issues relevant to the energy markets.

Read the full transcript on the Jones Day website.

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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

Investigations & White Collar Defense, , , , , , , , , , ,

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 protocols, internal controls, and the overall monitoring of the admissions process.

“Operation Varsity Blues,” was handled by the Office of the U.S. Attorney for the District of Massachusetts, under the leadership of then-U.S. Attorney Andrew Lelling. Now an Investigations & White Collar partner based in Jones Day’s Boston Office, Mr. Lelling shares his perspectives on what made the Operation Varsity Blues investigation so successful and impactful and explains the lessons and insights universities, colleges and other organizations should consider in reacting to this scandal and preparing to avoid the next.

Read the full transcript on the Jones Day website.

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Cyber Risks: A False Sense of Security EPISODE 1

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

Cybersecurity, , , ,

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 companies to a wide variety of regulatory investigations and litigation. But companies increasingly face cybersecurity legal risk even absent a data breach. Emerging theories of liability – largely arising from inconsistencies between representations companies make about their cybersecurity and their actual cybersecurity posture – are presenting new, substantial civil and potentially criminal legal exposures for companies.

In the first installment of a multi-part JONES DAY TALKS® series, partners Lisa Ropple, Justin Herdman, and Grayson Yeargin discuss today’s rapidly growing and changing cybersecurity requirements, and the potential legal consequences of not meeting those obligations.

Read the full transcript on the Jones Day website.

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