On-Demand Learning

International

Transcripts

Recorded on: Jul. 12, 2013

JOHN DU: All right. Good afternoon. Welcome back to this program, Doing Business in Emerging Markets, the BRICs. And this afternoon we are going to have three panels. We're going to start with inbound investment from emerging markets. Well, we have talked a lot about doing business in the emerging markets, in the BRICs. And this panel, we are going to talk about doing business with emerging markets. As we have increasingly noticed, the geographic ...

Recorded on: Jul. 12, 2013

JOHN DU: So we're moving to the next topic of ethics. This has been a traditional topic for the past, at least seven years for this program. And the predecessor of this program. And very often, it has led to great discussion and a lot of participation from the audience. We hope to repeat our success in the past sessions. And we're still missing one panelist. And he emailed. And he should be here very, I believe, momentarily. But PLI has its rules, ...

Recorded on: Jul. 12, 2013

JOHN DU: All right, so this panel, we are going to talk about resolving international disputes. Well, no talk on doing business internationally can omit an international dispute discussion. So today we are fortunate to have several distinguished panelists from different jurisdictions to talk about how to resolve international disputes. Dietmar is going to introduce the panel because I'm very bad at pronouncing Latin names. DIETMAR W. PRAGER: Well, ...

Recorded on: Jul. 12, 2013

PAULO C. ARAGAO: Good morning. It's a pleasure to be here. And although definitely I'm not the political scientist, let me talk a little bit about what we think is happening in Brazil-- we're not sure, but what we think is happening there. We have a line in our national anthem, written 200 years ago, that talks about a sleeping giant. I think the giant is awakening. We have a country with 200 million inhabitants with now a very powerful middle class, ...

Recorded on: Jul. 12, 2013

MAURIZIO LEVI-MINZI: Welcome back for our last panel. You've survived the day. You're almost there. Our last session is one of the most lively usually, because we get to hear from in-house counsel. And usually it turns into a spirited discussion with the outside lawyers, and we all learn a few things from the process. So who do we have here today? We have here with us, Fred Lowenfels. Fred is general counsel and executive vice president and a director ...

Recorded on: Jul. 12, 2013

JOHN DU: All right, thank you. We are going to move to the next panel, which is antitrust. We have talked about how to do due diligence in the emerging markets as well as on negotiations. And antitrust is one of the primary concerns in structuring a deal. So today, we have three panelists here. And all of them are M&A lawyers with a focus, for Janet and Mariana, in antitrust. So today, I'm going to introduce the speakers first. And then we'll ...

Recorded on: Jul. 11, 2013

ANNE HIARING HOCKING: I can't thank Christopher George enough for taking time out of his extremely busy day to come up here all the way from Santa Clara, into the fog and through the traffic to give his, really, an estimable perspective on what global filing strategies look like. Christopher is the managing counsel for trademarks and brands at Intel. He graduated from Emory School of Law, and he came to Intel with a very successful career in private ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: Well, let me tell you, breaking news, the Supreme Court issued an opinion today in an arbitration case, the Oxford Health Care case, a class arbitration case. It's what's called a clause construction case. This is a case where the arbitrator is empowered or not empowered to construe a clause to determine whether it authorizes class arbitration. In a case a few years back called Stout-Nielsen where the chairman of the tribunal happened ...

Recorded on: Jun. 14, 2013

LAURIE GILBERTSON: Introduce to you the chair of today's program, John Fellas. John is a partner in the New York office of Hughes Hubbard & Reed. He's co-chair of the arbitration practice and co-chair of the international practice of that firm, practicing in the fields of international litigation and arbitration. He's practiced in both the US and England, and as well as being a member of the New York Bar, he is also a solicitor of the Supreme ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: So let me just quickly introduce-- well, while they're coming up-- the members of the next panel, and three of them are not as advertised, and one of them's changed firms. So it's interesting that this is the panel on advocacy, where three people we lost because they're too busy to be here. The one who has been a constant is Olie Armas, a partner at Hogan Lovells here in New York. That's recent. The newcomers are David Arias, who kindly ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: Terrific. Now before I introduce the next panel, I have an invitation for everybody here. And Jerry [? Akson ?] made mention of this. The New York International Arbitration Center, or NYIAC, it is having its inaugural meeting and reception next Monday, June 17 at 6:00 p.m. And you are all invited to attend if you wish to go. However, it's at 150 East 42nd Street on the 17th floor. And if you do wish to go, you need to RSVP by Wednesday ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: OK, and welcome back. We will now resume. Having begun with arbitration in the United States, we're now going to branch out to some parts of the rest of the world. And obviously, we can't deal with all of the rest of the world. And any choice of country is going to inevitably be random. We do have distinguished arbitration practitioners from across the world, from four continents, in fact-- as far east as Japan, as far south as Brazil, ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: So the compliance world is a different place today, vastly different than it was just a few years ago. It is no longer an American phenomenon. The United States has always prosecuted a lot of stuff that happened outside the United States, and the Foreign Corrupt Practices Act is a great example of that. But now there's so much more cooperation between governments in enforcement. And even the Organization of Economic Cooperation and ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: OK, everybody, we're going to get started. The last panel of the day. This one is on social media. It ties in nicely to the whole risk assessment notion, because social media was not a topic that we had on this program seven or eight years ago. But it's certainly become a risk area for a lot of organizations in a lot of different ways, and we're going to look at the topic from really two perspectives. One is the risk perspective-- ...

Recorded on: Jun. 11, 2013

PHILIP M. BERKOWITZ: OK. We're going to move right into our next panel. And let me make the introductions, please. There are fewer panelists on this one, but I think you'll agree that there's much more brainpower, frankly, on this panel than the last one. I think they've all left. Let me make the quick introductions, please. I'd like to start. To my immediate right is Don Dowling. Don Dowling is really a legend in this field. I've known him for ...

Recorded on: Jun. 11, 2013

PHILIP M. BERKOWITZ: OK, everyone, I guess we're ready to start for our final panel. This is going to be a real fascinating presentation. I'm very pleased to introduce you to Ed O'Callaghan. Ed is the moderator of this particular panel. Ed is a partner in Clifford Chance's litigation and dispute resolution practice in New York. He has, as will become evident, extensive litigation experience. Ed was assistant US attorney in the Southern District of ...

Recorded on: Jun. 11, 2013

JOHAN LUBBE: Thank you, Phil. Good morning, everyone. Our task as the first panel is to address cross-border assignments and employment agreements. I am equally very pleased and honored to have a number of very well-known international employment lawyers on the panel. They are all greatly appreciated and recognized in their jurisdictions as employment lawyers who focus on cross-border issues. I'm going to be introduced them very briefly but invite ...

Recorded on: May. 20, 2013

RANDI W. SINGER: All right, everybody, we're going to get going again this afternoon. I'm supposed to remind you at the outset to please fill out your evaluations. Those of you in the room, you can do them on your iPad. Those of you on the web, there's functionality in the software that you can do that. And PLI and, actually, the co-chairs take this very seriously. And we redo this program every year. And we take into account the feedback we get ...

Recorded on: May. 16, 2013

SPEAKER: So welcome back to Global Searching and Application Workshop at PLI. We're going to switch now to the international portion of the program. And I'm very pleased to introduce Mary Bagnall, who comes to us from London and practices at Charles Russell there. It's particularly poignant that she's here with us today and not at home, because today is her horse Scooby's birthday. Mary is an accomplished equestrian. And when she's not living in ...

Recorded on: May. 16, 2013

RICHARD L. KIRKPATRICK: Thank you, and good morning. My topic, again, is United States Trademark Searching and Clearance. Here is my icon. Here's the trademark practitioner picking his way to the other side, suddenly atop an alligator. I hope today's workshop will help avoid becoming one of those skulls you see at the bottom with an orange circle on the forehead. This is the Practising Law Institute, and I have a practical problem for you. It's adapted ...

Recorded on: May. 9, 2013

YVONNE S. QUINN: Well, and we're going to keep right on moving-- thank you guys-- to our next speaker and topic, which is basically, international antitrust law, or what you need to know about international antitrust law. And I'm very pleased to introduce Jan McDavid who, somehow, we've both been doing this for 100 years, and we had never gotten to work together. And earlier this year, I had the pleasure of, with I think unexpected speed, getting ...

Recorded on: May. 6, 2013

MARK F. MENDELSOHN: OK. Welcome back. Our next panel is going to be on the World Bank and Multilateral Development Banks, a topic of which has been touched on briefly in a number of the earlier panels. But we're going to take deeper dive into the subject. Just a couple of preliminary observations on my side, because this may be an unfamiliar topic for many of you. Companies, big and small, participate routinely in World Bank, or MDB finance projects ...

Recorded on: May. 6, 2013

RICHARD W. GRIME: OK everybody. This is the last session. And, hopefully, it's one where we can keep you engaged, because we have to keep you engaged, because it's a polling session. So in front of you are iPads. And I'm in control of the button here, which means that, in part, it may not work. But we'll hope that it does because the whole idea is that we're going to mind the benefit of these people on the panel here, which I'll introduce in a moment. We're ...

Recorded on: May. 6, 2013

RICHARD W. GRIME: OK, good afternoon everybody, and welcome back. I guess there's just no break really for coffee, but hopefully the next panel will keep you on your toes. We're going to go to Greta Lichtenbaum, who's a partner of mine at O'Melveny & Myers, and let her introduce the panel members and kick off the panel. GRETA LICHTENBAUM: Great. Thanks, Richard. I didn't really focus on the fact that not only are we in the afternoon, but you ...

Recorded on: May. 6, 2013

RICHARD W. GRIME: But we've got the last program of the day, so I'd like if you could to have people take their seats and we can then get the program underway. So I think during the most of the day, we've spent our time focusing on the FCPA and looking at its impact, either through cases or through hypotheticals, or looking to see how to set up a compliance program, or ensure that the guidance itself is honed in and understood by employees, understood ...