Jones Day Talks

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to enact class actions or class action-like procedures. The Firm is producing in-depth, multipart series of publications on class actions that will spotlight a wide array of jurisdictions worldwide. The first installment in the series, released in August 2023, focuses on the United States and European Union. In this podcast, also the first in a series, partners Ozan Akyurek and Becky Kcehowski discuss recent trends and developments in U.S. and UK class actions.

The growing carbon credit and related derivatives markets continue to attract the attention of regulatory agencies and law enforcement. The U.S. Commodity Futures Trading Commission (CFTC) has just announced that it is looking for whistleblowers on potential fraud or manipulation in the carbon credit markets, which is a major enforcement development in the ESG space. Jones Day partners Josh Sterling and Howard Sidman talk about the CFTC’s ramped-up enforcement focus and what it means for participants in the carbon markets.

As its potential uses soar, Artificial Intelligence (AI) continues to attract the attention of multiple regulatory agencies. A recent high-profile U.S. Senate hearing made it clear that the use of AI must be consistent with federal laws pertaining to fair lending, housing, employment, and similar situations. Jones Day’s Dorothy Giobbe and Alexander Maugeri discuss the legal implications of introducing artificial intelligence to decision-making processes and how users should prepare for increased scrutiny.

As technology and regulatory frameworks evolve, artificial intelligence ("AI") legal issues have emerged as a key topic in transactional, litigation, and regulatory compliance contexts. Jones Day partners Laurent De Muyter, Carl Kukkonen, Stefan Schneider, and Emily Tait discuss the European Union's implementation of a comprehensive framework for governing the flow of data, digital services, and AI, while the United States is still exploring regulation.

As part of Jones Day’s continuing work against global human trafficking, the Firm actively supports the American Hospital Association (AHA)’s Hospitals Against Violence initiative and HEAL Trafficking (Health, Education, Advocacy, Linkage). A recent special convening hosted in Jones Day's Chicago Office, Forced Labor in Health Care Supply Chains: What Hospital Leaders Need to Know, focused specifically on health care supply chain issues and how they may interact with forced labor. The event provided practical information and resources to health care providers fighting human trafficking. Jones Day’s Taylor Goodspeed is joined by Laura Castellanos (AHA), Hanni Stoklosa, MD (HEAL Trafficking), and Laura Kowalczyk (Association for Health Care Resource & Materials Management (AHRMM)) in a candid conversation about the information shared at the convening and Jones Day's continued pro bono efforts in this space. Read the full transcript on the Jones Day website.

First introduced following the 2008 global financial crisis, the Fundamental Review of the Trading Book (FRTB) was designed to establish worldwide rules pertaining to banks’ regulatory capital requirements as they apply to trading activities. Jonathan Gould and Josh Sterling talk about the changes proposed by FRTB, how those changes address specific problems, and what banks should do now. Read the full transcript on the Jones Day website.  

Jones Day partner Kim Desmarais discusses the Uniform Law Commission's and American Law Institute’s proposed amendments to the Uniform Commercial Code (UCC), and their potential impact on commercial transactions involving digital assets and other emerging technologies. Read the full transcript on the Jones Day website.  

Jones Day's new Of Counsel Nathan Brownback and Partner Josh Sterling discuss recent developments in the U.S. legal landscape for fintech, including the bipartisan Stabenow-Boozman bill, designed to regulate digital assets. They also talk about key banking and financial services developments, including the FDIC's recent crypto advisory, California's proposed, far-reaching Digital Financial Assets Law, and other issues in the space that will shape the fintech regulatory debate moving forward. Read the full transcript on the Jones Day website.  

Interviews can be stressful, especially for a new lawyer or law student hoping to start a career with a firm where they believe they can learn and excel. But there are steps to take to make sure the interview goes well. In this edition of Perspectives and Pathways, Partner Miguel Eaton talks with Jones Day associates Estefani Rodriguez and Alexander Gonzalez about preparing for, and succeeding in, callback interviews.

The U.S. Patent and Trademark Office has awarded The Ohio State University a trademark for the word “THE,” for use in connection with apparel sold in "channels customary to the field of sports and collegiate athletics". Jones Day partner Meredith Wilkes explains, how the University was able to obtain a registration, and the important lessons the action holds for companies and institutions seeking brand protection. Meredith also talks about Jones Day’s Women in IP initiative and the group's plans for the second half of 2022. Read the full transcript on the Jones Day website.

La confidentialité et le secret professionnel résultant de la relation avocat-client sont des principes essentiels de l’exercice de la profession d’avocat. À cet égard, les litiges internationaux, qui peuvent être soumis à des règles de confidentialité différentes et parfois contradictoires, notamment concernant les juristes d’entreprise, présentent de nombreux défis pour les équipes juridiques impliquées dans un tel processus. Ozan Akyurek et Cyril Philibert, associés au sein du département Global Disputes du cabinet d’avocats Jones Day - Bureau de Paris, analysent les conditions et modalités d’application de la confidentialité et du secret professionnel en droit français, et illustrent leur mise en œuvre.

Confidentiality and attorney-client privilege are cardinal principles for lawyers. In this regard, international litigation, which may be subject to different and sometimes conflicting confidentiality rules, presents many challenges to the legal teams involved in such a process. Ozan Akyurek and Cyril Philibert, partners in Jones Day's Global Disputes Practice in the Paris Office, analyze the conditions and modalities of application of confidentiality and legal privilege under French law, and illustrate their practical implementation in consideration of concrete examples, particularly regarding the procedure provided for in Article 145 of the Civil Code of Procedure

Jones Day partner Harriet Territt talks with Val Richey, Special Representative and Coordinator for Combating Trafficking in Human Beings at the OSCE, about the urgency the war in Ukraine is creating relative to human trafficking. They also discuss related supply chain issues, and actions businesses can take in the continuing fight against this global issue. Read the full transcript on the Jones Day website.

A turbulent global economy leaves financial institutions and other market participants in challenging positions as they try to hedge and protect their interests in an increasingly uncertain environment. Jones Day partner Josh Sterling talks about the regulatory and legal issues faced by market participants in the volatile economic landscape.

Jones Day partner Miguel Eaton and associates Jenny Plagman and Stephen Scott discuss what candidates should think about when selecting firms for on-campus interviews, interview preparation, and what they need to ultimately consider in choosing a law firm.

As discussions and debates unfold over digital currency regulations, Commodity Future Trading Commission chairman Rostin Benham told a U.S. Senate committee that "speculative fervor" surrounding cryptocurrencies has potentially left investors in need of protections, and made the case for his commission to be charged with overseeing activities in this burgeoning market. Jones Day's Josh Sterling and David Aron discuss the gradual move toward federal oversight of cryptocurrencies, the questions clients ask, and what crypto market participants need to know now.

Joe Sims, who led Jones Day's Antitrust & Competition Law Practice to national and global prominence during nearly 40 years at the Firm, has endowed a new chair at his alma mater, the Sandra Day O'Connor College of Law at Arizona State University: The Sims Chair in Competition Law and Regulation at ASU Law. David Gelfand, one of the country's leading antitrust lawyers, has been named the Sims Chair and professor of practice at ASU Law. Mr. Sims and Mr. Gelfand discuss the Chair, the current state of U. S. antitrust and competition law, and their plans for ASU Law's antitrust program.

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.

A JONES DAY TALKS® Encore Presentation. From May 2021. 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 Finance Action Plan continues to advance. Jones Day's Linda Hesse and Dr. Michael Fischer discuss the Bank's aim to reorient capital flows around a more sustainable economy while managing the financial risks brought by climate change.

A JONES DAY TALKS® Encore Presentation. From June 2021. 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.