September 10, 2009
Tsinghua University School of Law, Mingli Hall
Tsinghua Haidian District
Beijing, China
Welcome to the most exciting international program ever presented by the American Bar Association in China!
What Is It? Simply put, this program is an unprecedented gathering of some of the most prominent legal minds from China and the United States—all in one place, on one day. The lawyer-panelists represent the defense bar, the plaintiff’s bar and insurance industries, as well as Chinese and multinational corporations. This unique and diverse panel of speakers will examine legal challenges for Chinese companies with business operations in the United States.
Why Should I Attend? If your company does—or is contemplating doing—business in the United States, you cannot afford to miss this program. This program could save your business operations time and the expense of unnecessary and unforeseen legal obstacles. If you attend this program, you will learn more about American jurisprudence in one day than you would learn in other programs in weeks, or even months.
What Will I Learn? This program covers the broad spectrum of legal challenges that befall Chinese companies when they do business in the United States. You will learn the mechanics and rules of U.S. litigation, as well as technical details such compliance with court mandated discovery demands and how to deal with the burdens they can place on your company. You will also learn about corporate formalities, ethics and employment law in the United States. Panelists will address the importance of collaboration among outside legal counsel and in-house legal and business leaders. The program will also examine other topics which will assist operations in the United States, including: crisis management, class action law suits and alternative dispute resolution.
This program is the result of a unique collaborative effort between Tsinghua University, Temple University and the American Bar Association. This substantial foundation of collected talent and intellect has created a program that offers attendees a rare opportunity to learn about the American legal system while making significant contacts and introductions to some of the most prominent members of the bar and Chinese multinational corporations.
We hope you will join us!
Randy J. Aliment, Esq., Williams Kastner, Seattle, WA
Peter A. Antonucci, Esq., Greenberg Traurig LLP, New York, NY
To view the program letter from Tsinghua University School of Law Dean, Wang Zhen Min, click here.
To view the letter in Chinese, click here.
*This program will be presented in English with simultaneous translation in Chinese.
Don't Delay - Advance Registration Deadline: August 21, 2009
Hotel Deadline: August 24, 2009
CLE Programs
LAWYERS, JUDGES, JURIES, ARBITRATORS,
AND MEDIATORS DISPUTE RESOLUTION IN
THE US
This panel will focus on the practical aspects of US law suits. Who are the lawyers? What are their practices like? Where will disputes be resolved and how? What are the common law, constitutional law, statutory law and regulatory standards? How are juries picked? What are the legal and ethical rules applicable to disputes? What is the difference between jury trials, bench trials, and arbitration? What is the cost of dispute resolution? Who are mediators? How do you settle class actions and individual cases?
E-DISCOVERY—HOW TO ENSURE
COMPLIANCE WITH THE LEGAL
E-DISCOVERY RESPONSIBILITIES OF
YOUR COMPANY BEFORE AND DURING
LITIGATION
This panel will provide a comprehensive overview of e-discovery requirements and best practices for working both internally with your client and externally with opposing counsel to ensure compliance and minimize exposure, risk and cost. Learn how to manage the life-cycle of company records and adequately preserve corporate documents including responding to a reservation demand letter from the opposing party. Learn practical tips on collection, review and production of documents, as well as how to select and work with an outside e-discovery vendor.
UNIQUELY CHINESE—TECHNICAL CHALLENGES TO
LITIGATING IN CHINA
This panel of Chinese lawyers, will address the challenges that are unique to litigating in China. These topics will include service of process on
Chinese corporations, exchanging evidence in China, examination of witnesses in China (through the U.S. Consulate’s offices) and electronic discovery and comparison of obligations under Chinese data privacy laws.
UNIQUELY AMERICAN—CLASS ACTION LITIGATION
IN THE UNITED STATES AND DEALING WITH THE
MEDIA DURING A CRISIS
This panel will address critical issues related to crisis and media management including what to say, what to do and what not to say or do. The speakers will also address the latest developments in class action litigation including the Class Action Fairness Act, mandatory arbitration
clauses and class action waivers, the challenges to class certification and what to expect when a putative class action is filed against your company.
OPERATIONS IN THE UNITED STATES AND
COMPLIANCE WITH UNITED STATES
EMPLOYMENT LAWS
A discussion concerning obligations of a Chinese company and/or its subsidiaries to comply with U.S. labor and employment laws applicable to workers in the United States including employment practices, compensation and employee rights and potential litigation for violations.
UNDERSTANDING AND DOCUMENTING
CORPORATE FORMALITIES FOR FOREIGN US
SUBSIDIARY AND HOLDING COMPANIES
This panel will discuss the implications of state of incorporation, domicile and principal places of business for Chinese holding companies, as well as exercising control and decision making over subsidiary entities.
ETHICS: IS YOUR COMMUNICATION WITH A
CLIENT OR WITHIN YOUR COMPANY A
PRIVILEGED AND CONFIDENTIAL
COMMUNICATION?
This panel of experts will engage in a discussion concerning a comparison of privileges and the rules of confidentiality in China as opposed to the United States and specifically look at how the confidentiality of communications with “General Counsel” in Chinese corporations might be handled by a United States court in cross-border dispute given that most are not licensed attorneys.
TEAMWORK IS THE KEY TO SUCCESS: PLAN EARLY
AND THOROUGHLY FOR THE SUCCESS OF YOUR
LITIGATION
This panel will address the unique aspects of American adversarial litigation and how to plan for and manage expectations for a successful outcome. It will cover interacting with the Chinese litigation team, American lawyers and insurance professionals, resolution strategies, mediation versus trial and how to prepare for either outcome.
ALTERNATIVE DISPUTE RESOLUTION IN
INTERNATIONAL BUSINESS TRANSACTIONS:
PLANNING FOR THE FUTURE BY DRAFTING ADR
CLAUSES FOR YOUR COMMERCIAL CONTRACTS
Do you want to keep your commercial dispute out of
an American court? The pros and cons of including an
ADR provision in your international contract, drafting
considerations, mediation and other non-binding ADR
options. The program will also include forum
selection, choice of law, language of proceedings and
enforcement of arbitral awards.
Registration
You can Register online or download the registration form in the brochure and mail, or fax to 312.988.6230 by August 21, 2009. All registration reservations must be
accompanied by credit card, check, money order, or purchase
order. The registration fee includes admission to the program, course materials, breaks, lunch and CLE credit.
| Registration Fees Per Person: | |
| Law Students | $50 U.S. Dollars, RMB 350* |
| General Registrants | $150 U.S. Dollars, RMB 1000* |
| Registrants Seeking CLE Credit | $300 U.S. Dollars, RMB 2000* |
*RMB costs are approximate due to exchange rates.
Register Online
Hotel Information
The recommended hotel is The St Regis Hotel Beijing, 21 Jianguomenwai Dajie, Beijing, Beijing 100020. Telephone: 8610.64606688, or 8610.8008688688. Reservations will be made by individuals calling the HOTEL directly at 8610.64606688, or 8610.8008688688 and referring to the ABA Tort Trial & Insurance Practice Section Legal Challenges to Chinese Companies Doing Business in the U.S. A limited number of rooms have been blocked for program registrants for a hotel room rate of $219.40 U.S. Dollars. The room block will be held until exhausted or until Monday, August 24, 2009 at 5:00 p.m. (CST).
Sponsors
TIPS would like to thank our very generous sponsors!
Platinum Sponsors: Alston & Bird LLP; JAMS and West, Thomson Reuters business
Gold Sponsors: Arthur J. Gallagher & Company and Encore Discovery Solutions
Silver Sponsors: Campbell Campbell Edwards & Conroy; Deehl & Carlson, PA; Duan & Duan; Granof International Group LLC; Greenberg Traurig LLP; Schwartz Semerdjian Haile Ballard & Cauley LLP; Skadden, Arps, Slate, Meagher & Flom; Sonnenschein Nath & Rosenthal LLP; Stoneman, Chandler & Miller LLP and Williams Kastner