International Corporate Counsel College Schedule and Materials
Below is the conference schedule and meeting materials for your reference. If you want to have these materials onsite at the meeting with you, please print prior and bring them with you. If you have any questions, please email Amy O'Maley McGuire.
Thursday, 13 October, 2016
12.00 - 1.15 p.m.
Welcome Luncheon
1.15 - 1.30 p.m.
Break
1.30- 1.45 p.m.
Opening Remarks
Paul Lefebvre, 2016 International Corporate Counsel College Director, Hanotiau & Van Den Berg, Brussels, Belgium
Introduction to the IADC
John T. Lay, Jr., IADC President, Gallivan, White & Boyd, P.A., Columbia, SC USA
1.45 - 2.15 p.m.
General Introduction on the Present Data Issues in in the EU and in the US
Panelists
Jennifer Haltom Doan, Haltom & Doan, Texarkana, TX USA
Henriette (Jetty) Tielemans, Covington & Burling, Brussels, Belgium
Materials
2.15 - 3.15 p.m.
Processing Facts in the EU: Revisiting and Analyzing the Google Spain, Weltimmo, and Facebook Cases
The Google Spain case caused a lot of turmoil among the privacy law specialists. Was it an abandonment of the one stop principle and back to the hegemony of the national authorities? Was the Weltimmo case a confirmation of Google Spain? What is there in common between the Google Spain and Weltimmo cases which enables to nuance those decisions? Does the Facebook judgments rendered by the Administrative Court of Hamburg and the Court of Appeal of Brussels shed a new light upon Google Spain and Weltimmo?
Analysis
Penny Madden QC, Gibson Dunn, London, England
Moderator
Yves Van Gerven, General Court of the European Union, Luxembourg
Panelists
Dr. David Erdos, University of Cambridge, Cambridge, England
Benedicte Ghanassia, Associate General Counsel, Facebook, Paris, France
Materials
3.15 - 3.30 p.m.
Break
3.30 - 4.30 p.m.
Storage of Facts: Most Delicate Since the Schrems Case
Analysis
Patrick Doris, Gibson Dunn, London, England
Moderator
Paul Salazar, Senior Counsel, Siemens AG, Munich, Germany
Panelist
Paul Nemitz, Directorate-General Justice of the European Commission, Director of Fundamental Rights and Citizenship, Brussels, Belgium
4.30 - 4.45 p.m.
Break
4.45 - 5.45 p.m.
What About Insurance Coverage for Data Storage in the Pharmaceutical Industry?
The safe retention of data for reference or analysis belonging either to the patient or to the pharma company is an issue that continues to give rise to concern. Information relating to clinical trials, product formulas, manufacturing processes, drug pricing structure, and marketing plans are at risk from external cyber attack and internal employee theft. How are these concerns being addressed? What insurance coverage is available? Is it affordable and is it restrictive? Representatives from both sides of the debate will share their thoughts with you.
Moderator
David Wilkinson, Kennedys, London, England
Panelists
Richard Eveleigh, European Legal Counsel and Product Development Manager - Financial Lines and Management Liability Insurance, London, England
Tim Sperling, Boehringer Ingelheim, Ingelheim Am Rhein, Germany
Materials
6.00 – 7:00 p.m.
Cocktail Reception
7:00 – 9:00 p.m.
Dinner
Friday, 14 October, 2016
8.00 – 9.00 a.m.
No More Safe Harbour: Cross-Border Discovery and Compliance with Data Protection Laws
What do you do when discovery of European data is sought in US proceedings? Given the vast differences amongst national privacy regimes, how will different state courts treat data acquired in contravention of local or foreign data laws? What should counsel do when they suspect such data exists or is being requested? In light of the fact the “Safe Harbour” arrangement has been overturned and the EU-US Privacy Shield is still in draft form, what rules now govern the transfer of information across borders? Moreover, what is the practical way to deal with these issues? This interactive session with our experienced panelists from the EU and US will address the available options for data storage and protection and their risks. We will also discuss what to do when requesting or being asked for foreign data and what internal data policies and protocols are appropriate to prevent your company from running afoul of EU and US privacy laws now and in the future.
Moderator
Christopher S. D’Angelo, Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, PA USA
Panelists
Michael Olmsted, Senior Counsel for the European Union, U.S. Mission to the European Union, Brussels, Belgium
Alfred R. Paliani, General Counsel, Quality King Distributors, Inc. / QK Healthcare, Inc., Bellport, NY USA
Thomas Rouhette, Hogan Lovells (Paris) LLP, Paris, France
Materials
9.00 - 9.15 a.m.
Break
9.15 - 10.15 a.m.
Impact of Data Evolution on Discovery Before the Arbitral Tribunals in the Light of the IBA Guidelines on Party Representation
International arbitration prides itself on its relative flexibility when it comes to rules of evidence. Arguably, it has developed its own approach to fact-finding distinct from any single national law. This panel will examine how party representatives and arbitral tribunals can and should approach the task of presenting and dealing with evidence in light of new technologies, which bring ever-changing sources and types of evidence. Is a harmonised approach possible in light of the various potential obligations upon parties, their representatives, and the tribunal, in particular in relation to illegally obtained data?
Moderator
Niuscha Bassiri, Hanotiau & Van Den Berg, Brussels, Belgium
Panelists
Ginta Ahrel, Lindahl, Stockholm, Sweden
Paula Hodges QC, Herbert Smith Freehills, London, England
Wendy Miles QC, Boies, Shiller and Flexner, London, England
Patricia Shaughnessy, Stockholm University, member of the Board of Directors of the Arbitration Institute of the Stockholm Chamber of Commerce, Stockholm, Sweden
Materials
10.15 - 10.30 a.m.
Break
10.30 - 11.30 a.m.
Can I Lie About the Facts Before the State Courts?
Moderator
Anton Maurer, CMS Hasche Sigle, Stuttgart, Germany
Panelists
Cecilia Carrara, Legance, Rome, Italy
Andrew S. Chamberlin, Ellis & Winters LLP, Greensboro, NC USA
Alfred R. Paliani, General Counsel, Quality King Distributors, Inc. / QK Healthcare, Inc., Bellport, NY USA
Sitpah Selvaratnam, Tommy Thomas Advocates & Solicitors, Kuala Lumpur, Malaysia
Ivan Verougstraete, former president Belgian Supreme Court, Brussels, Belgium
Materials
11.30 - 11.45 a.m.
Break
11.45 a.m. - 12.45 p.m.
Can I Lie About the Facts Before the Arbitral Tribunals in the Light of the IBA Guidelines on Party Representation?
International arbitral proceedings differ from state court proceedings in many aspects. Among the differences are the various origins and legal and cultural backgrounds of the counsels appearing in the same proceedings. The diversity of professional rules applicable to the respective counsels as to what they may and may not do can create an imbalance which is counter to the goal of levelling the playing field that arbitrators and parties seek to reach in the procedural aspects of arbitration. In 2013, the IBA released a very important tool for achieving this goal, namely the IBA Guidelines on Party Representation in International Arbitration on which the panel will focus, in particular in relation to the duty not to make false submissions of fact to the arbitral tribunal.
Moderator
Pascal Hollander, Hanotiau & Van den Berg, Brussels, Belgium
Panelists
Dr. Angela Kölbl, Siemens AG, Münich, Germany
Françoise Lefèvre, Linklaters, Brussels, Belgium
William J. Perry, Carter Perry Bailey LLP, London, England
Materials
12.45 - 1.00 p.m.
Closing Remarks
Paul Lefebvre, International Corporate Counsel College Director, Hanotiau & Van Den Berg, Brussels, Belgium
William J. Perry, International Corporate Counsel College Director-Elect, Carter Perry Bailey LLP, London, England