EUROPEAN LAWYERS WILL JOIN ABA 2017 BARCELONA ANNUAL EUROPEAN FORUM AS A COOPERATING ENTITY

Dear European Lawyers,

I am truly delighted to inform you that, European Lawyers has been invited by the American Bar Association (ABA) to join ABA 2017 Annual European Forum as a cooperating entity this year which will take place in Barcelona on 11-13 June 2017.

We believe joining ABA Annual European forum will be very beneficial for our organization as well as for our members. Not only being one of the most prestigious events for lawyers to attend, ABA 2017 Annual Barcelona Forum will focus on several compelling matters such as International Ethics, Cybersecurity in M&A Deals, Real Estate Development, Investor-State Disputes, Free Trade Agreements, Gender Diversity in Arbitration, International Corruption, Third-Party Funding, Cross-Border Data Transfer and Directors’ and Officers’ Liability. With more than 100 senior American and European lawyers attending, it will be an excellent opportunity to network and create new business opportunities. Please visit ABA Website for further info and register to the conference: http://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=262739281

With more than 20,000 lawyers and having a very diversifed background, European Lawyers has reached a preminent status in legal world thanks to our strong presence in social media. As always, we will stick to our founding principles and keep promoting the rule of law as well as enhancement of business and personal relationship between our members globally. We will therefore continue to maintain our firm support to lawyers based around the World, and keep our members interest in first place.

We accordingly encourage all our members to not miss this excellent opportunity and join us in Barcelona this summer.

With Best Wishes,

Güvenç Ketenci
European Lawyers Founder & President

Meeting Program


SUNDAY, JUNE 11, 2017 5:00 PM-6:00 PM HAPPY HOUR FOR FIRST TIME ATTENDEES
MONDAY, JUNE 12, 2017 8:00 AM – 9:00 AM REGISTRATION & BREAKFAST
8:55 AM-9:00 AM OPENING REMARKS
9:00 AM – 10:30 AM PLENARY SESSION
ETHICS AND PROFESSIONAL LIABILITY: CURRENT ISSUES

The increased cross-border activity of lawyers within and outside of the European Union raises serious questions of compliance with professional ethics activities, particularly in the case of transnational transactions. Choice of law issues affect questions of client confidentiality and privileges, resolution of conflicts of interest, as well as varying levels of responsibility concerning advising clients on corporate social responsibility. With a recent decision in the United States raising questions as to the continued vitality of the “Verein” structure of international law firms, the growing import of corporate social responsibility issues in supply chains, and recent decisions weakening the privilege regarding in-house counsel, traditional understandings of the ethics environment may no longer be valid. Through a moderated round table format, this program highlights these issues with anticipated audience participation throughout. (ETHICS CLE) Committee Sponsors: Europe Committee Co-Sponsors: International Ethics; Transnational Practice Management Panel Co-Chairs: Hermann J. Knott, Luther Law Firm, Cologne, Germany Steven Richman, Clark Hill PLC, Princeton, NJ


10:30 AM – 11:00 AM NETWORKING BREAK
11:00 AM – 12:30 PM CONCURRENT SESSIONS

IS THERE A FUTURE FOR FREE TRADE AFTER THE U.S. ELECTIONS, BREXIT AND A FAILED WORLD TRADE ORGANIZATION (WTO) DOHA ROUND?

Free Trade expanded substantially from the 1960s to the 1990s with the Kennedy and Tokyo rounds of trade agreements. But since the turn of the 21st Century, there have been many changes. After 15 years, the negotiators for the first time failed to conclude a successful round of trade agreements. The 2016 U.S. presidential elections were characterized by anti-trade agreement sentiment, and Great Britain is set to withdraw from the EU. The Trump Administration has now announced its intent to enter a bilateral trade agreement with the UK. What is the future of free trade as we have known it? This panel of experts from different countries will discuss the path forward. Committee Sponsors: International M&A and Joint Venture; Customs Committee Co-Sponsors: Europe; International Trade Panel Chair: Leslie Glick, Porter Wright Morris & Arthur, Washington, DC


CYBER SECURITY: THE NEW HIDDEN RISKS OF M&A DEALS

Legal and regulatory cybersecurity risks are critical in due diligence inquiries and responses. In M&A deals, cybersecurity should be an autonomous risk category during due diligence processes, as security weaknesses or lax compliance may affect the value of the target company. Acquirers should request all information on past breaches and compliance with local security laws and regulations. Dire economic consequences may ensue if this information is not fully disclosed, as shown by the Yahoo breach and its impact on its proposed acquisition by Verizon. Failure to meet information security’s legal or regulatory provisions may indicate risk of government action or litigation. Legal expertise in assessing data-driven risks should be embedded on the front end of any M&A transaction and tracked throughout the deal, so that deal terms, its value, and post-closing opportunities to strengthen security are considered properly. Differences in cultural attitudes and perceptions of cyber risk in cross-border deals may be reflective of the varying levels of cyber exposure and postclosing litigation in any single jurisdiction and can be indicators of additional risk. A panel of internationally-recognized M&A, IT and Litigation lawyers will address questions concerning the management of cyber security risks, with a focus on identifying solutions to emerging threats when addressing a merger or acquisition process. Committee Sponsors: International M&A and Joint Venture Committee Co-Sponsors: International Litigation; Privacy, ECommerce, and Data Security Panel Chair: Alessandra Tarissi De Jacobis, De Berti Jacchia Law Firm, Milan, Italy

12:30 PM – 2:00 PM NETWORKING LUNCHEON
Proudly Sponsored By: Juasas
2:00 PM – 3:30 PM CONCURRENT SESSIONS

AND JUSTICE FOR ALL? CHALLENGES AND DEVELOPMENTS IN THIRD PARTY FUNDING IN ARBITRATION

Arbitration in complex cases can be very expensive. Costs may well exceed the financial capacity of one or both parties, thus in effect denying access to justice. Access to financial means for commencing or defending against a proceeding is, therefore, of the essence. ”Third-party funding” (i.e., the participation of non-parties to a dispute to finance the proceeding) can, under certain circumstances, resolve this problem. How does third-party funding affect the natural balance of a dispute? To what extent can the third party funder influence the conduct of the proceeding, access to justice or an incentive to litigate? These are just a few of the issues raised by the involvement of non-parties in an arbitration. Other related issues include: (i) need for regulation, (ii) allocation of costs, (iii) potential conflict of interests, and (iv) breach of confidentiality. Speakers from various jurisdictions will join a roundtable to debate these and related topics. Committee Sponsor: International Arbitration Panel Chair: Sergio André Laclau, Veirano Advogados, Sao Paul, Brazil


LOOK OUT FOR FALLING BRICKS: HOW TO DEVELOP YOUR HISTORIC HOTEL IN EUROPE

Foreign real estate development investment is of great importance in Europe. The main issues in international investment consist of acquiring, refurbishing and managing historic site hotels. The panel will cover how these issues are handled in four different European cities. The speakers will address the legal requirements, practical concerns, and the differences and similarities among the four jurisdictions from a tax and corporate structure point of view, including compliance with the target country’s laws on foreign investment structures and tax considerations in forming a chain of subsidiary companies. Where do you form the intermediary subsidiary? Do you need a local entity or joint venture partner to develop the project? Are there restrictions in repatriating profits or the initial capital investment? These are just some of the issues to be discussed. Committee Sponsors: Cross Border Real Estate Practice Committee Co- Sponsors: International M&A and Joint Venture; International Tax Panel Chair: Gerard Hernandez-Colet, Cuatrecasas, New York, NY

3:30 PM-4:00 PM NETWORKING BREAK
4:00 PM – 5:30 PM CONCURRENT SESSIONS

THE PROPOSED EU INVESTMENT COURT

The EU has proposed a seismic shift in the way investment treaty disputes are resolved. The EU DG Trade has announced that the EU will no longer agree to investment protection treaties with ad-hoc investor-state arbitration tribunals. Instead, the EU has proposed a new Investment Court with the power to resolve all investment disputes. In 2016, the ABA’s Investment Treaty Working Group (ITWG) reviewed the EU’s proposal, issuing a 137-page discussion paper analyzing the detailed structure and operations of the Investment Court. This distinguished panel will discuss the present and future MANAGING A CROSS-BORDER CORRUPTION INCIDENT Even though great strides have been made, the fight against international corruption has not been won. Corruption exists, and companies must pro-actively deal with it. Prevention is key; but once corruption rears its head in an organization, it is important to aggressively follow a well thought-out plan to minimize the damage. This panel is made up of current and former in-house counsel, compliance heads and seasoned outside counsel from jurisdictions across Europe who have advised diverse clients on international corruption investigations, including in of Investor-State Dispute Settlement. Guided by the ITWG’s analysis, the panel will discuss the issues raised by the ITWG’s Report, addressing whether the EU proposal actually effectively remedies the criticisms of the InvestorState system, focusing on the Rule of Law, transparency, and diversity, while providing updates on the Investment Court proposal. Committee Sponsors: International Arbitration Committee Co-Sponsor: International Litigation; International Courts; Intellectual Property; Canada Panel Chair: Barry Appleton, Appleton & Associates, Washington, DC


CROSS-BORDER TRANSFER OF PERSONAL DATA

“Data localization” is the requirement that the personal data of an individual be retained in a server or data storage facility physically located in the originating jurisdiction, and that such data may not be transferred outside of that country. Economic researchers such as the European Centre for International Political Economy (ECIPE) have estimated that such requirements would lead to a decrease in GDP in the affected countries of close to 1%, and increase costs of local computer service companies by more than 30%. These studies suggest that such restrictions are not economically efficient. But economic efficiency is not the sole criterion for establishing such policies. In fact, the trust and confidence in the data handling practices in other jurisdictions, and the strength of available data protection laws in such jurisdictions, may override economic considerations alone. This panel will analyze the pros and cons of “data localization” from various viewpoints and discuss possible solutions to the problem. Committee Sponsor: International Intellectual Property Committee Co-Sponsor: Privacy, E- Commerce, and Data Security; Russia/Eurasia Panel Chair: Daniel McGlynn, Sol Aero Tech, Albuquerque, NM

TUESDAY, JUNE 13, 2017 8:00 AM – 9:00 AM REGISTRATION & BREAKFAST
9:00 AM – 10:30 AM CONCURRENT SESSIONS

GENDER DIVERSITY IN INTERNATIONAL ARBITRATION: THE DEMISE OF THE “OLD BOYS’ CLUB”?

For decades, international arbitration has been dominated by white males. Yet change is in the air. Growing numbers of women are swelling the elite ranks of arbitrators and practitioners alike. Thanks to pioneering scholars, a new and growing body of empirical research documents the value and significance of diversity in decision makers, as well as the impact of implicit gender bias in arbitration. Major international arbitration institutions, such as the ICC International Court of Arbitration, are increasingly transparent about arbitrators’ demographic traits, and are touting their own initiatives to promote gender diversity. Hundreds of individuals and organizations (including top arbitral institutions, and leading arbitrators and practitioners worldwide) already have taken the “Equal Representation in Arbitration” (“ERA”) Pledge, voicing their commitment to take concrete action to improve the profile and representation of women in international arbitration. Using (anonymous) hand-held polling technology, test your knowledge of the existing environment for women in arbitration, cast your “vote” on a wide range of diversity policy proposals, and compare your views to those of other audience members in this informative, entertaining, and provocative presentation conducted in an innovative “quiz show” format! Committee Sponsor: International Arbitration Committee Co-Sponsors: International Litigation, International Mediation, Women’s Interest Network Panel Chair: Hon. Delissa Ridgway, US Court of International Trade, New York, NY


CROSS-BORDER TRANSFER OF PERSONAL DATA

“Data localization” is the requirement that the personal data of an individual be retained in a server or data storage facility physically located in the originating jurisdiction, and that such data may not be transferred outside of that country. Economic researchers such as the European Centre for International Political Economy (ECIPE) have estimated that such requirements would lead to a decrease in GDP in the affected countries of close to 1%, and increase costs of local computer service companies by more than 30%. These studies suggest that such restrictions are not economically efficient. But economic efficiency is not the sole criterion for establishing such policies. In fact, the trust and confidence in the data handling practices in other jurisdictions, and the strength of available data protection laws in such jurisdictions, may override economic considerations alone. This panel will analyze the pros and cons of “data localization” from various viewpoints and discuss possible solutions to the problem. Committee Sponsor: International Intellectual Property Committee Co-Sponsor: Privacy, E- Commerce, and Data Security; Russia/Eurasia Panel Chair: Daniel McGlynn, Sol Aero Tech, Albuquerque, NM

11:00 AM – 12:30 PM PLENARY SESSION
DIRECTORS’ AND OFFICERS’ LIABILITY: THE SWORD OF DAMOCLES ON THE EXECUTIVE FLOOR

Leadership means responsibility, and responsibility means liability. When corporations are shaken by incidents like tax fraud, embezzlement of funds or breach of trust, the call for personal liability becomes loud. Affected business organizations are not only facing huge challenges as their resources get tied up with expensive internal investigations. Shareholders and supervisory boards also need to timely ask the question, from which point in time the managing directors may no longer be well-placed to be in the driver seat cleaning up the mess. The so-called “Yates Memo,” issued by the U.S. Justice Department in 2015, is only one reason why the pressure for companies to turn in their directors and officers is higher than ever now in U.S. corporate investigations. Another important issue is the role of D&O insurers, one of the key sources for compensation, once the money is definitely gone. High profile practitioners specializing in internal investigations, directors' and officers' liability, and white collar crime will address some of the most pressing questions a company must answer when hell on earth is unleashed within its own four walls. Committee Sponsor: International Criminal Law Committee Co-Sponsor: International Litigation Panel Chair: Holger Bielesz, Wolf Theiss, Vienna, Austria

12:30 PM – 12:35 PM CLOSING REMARKS

Rome Video

Speaker
Tudor Chiuariu is the Senior Partner of ”Chiuariu & Associates” Attorneys-at-Law, a leading Romanian law firm specialized in International Litigation/Arbitration, EU Law and Sports Law. Tudor holds a PhD magna cum laude in law and he is a Postdoctoral Research Fellow, his research work concentrating on procedural law. His later career as practicing lawyer focuses mainly on international cases and he often pleads before international courts and tribunals, as Court of Justice of European Union (CJUE), European Court of Human Rights (ECHR) and the Court of Arbitration for Sport (CAS/TAS). From 2005 he has held different public positions, being a member of Government and, from 2008, a member of Parliament.
Tudor Chiuariu

Senior Partner at Chiuariu & Associates, Bucharest

Speaker
Richard Crowe is an Irish lawyer working at the Legal Service of the European Parliament, where he specialises in matters of EU institutional and budgetary law.
Richard Crowe

Legal Counsel at EU Parliament, Brussels

Speaker
Ruzin is a member of the litigation and arbitration team in Withers’ London offices. Having previously practised in Paris and Istanbul, she has particular expertise in international arbitration, including disputes resolved under ICC, SCC and DIAC rules, as well as ad hoc proceedings under UNCITRAL rules. Ruzin also has experience in investment arbitrations, and has worked on numerous proceedings conducted under ICSID rules.
Ruzin Dagli

Associate at Withersworldwide, London

Speaker
Recognised as one of the world’s most influential Islamic finance lawyers, Ashley Freeman’s involvement in the industry goes back over 20 years. He is perhaps best known for his lengthy tenure as General Counsel of the Central Bank of Bahrain, regulator of the world’s foremost Islamic banking jurisdiction. Much of his work is international in character and includes significant input into financial services regulation, banking industry policy and financial sector design. He was a member of the small working parties that designed the global bodies IFSB and IIFM, personally drafting their founding articles. He has served (and continues to serve) on various committees responsible for developing the industry. Mr Freeman’s transactional experience extends across all the debt and equity techniques including murabaha, istisna’a, salam, ijara, mudaraba, musharakha and he regularly advises on concepts such as wakala, rahn, kafala, arboun, waqf, takaful.
Ashley Freeman

Head of Islamic Finance, Charles Russell Speechlys LLP, London

Speaker
Kristina Gogić is Croatian Lawyer/Attorney at Law working at Croatian Ombudsman's office. Hers professional practice is focused on Human Rights and International Law. She is a member of the Society for Benefit Cost Analysis and making researchs from that domain. Having combined experience as researcher, practitioner, lecturer, counsel, author and public interest lawyer.
Kristina Gogic

Legal Counsel at Ombudsman Office, Zagreb

Speaker
Leo Graffi is a partner at White&Case Milan office. He is a highly regarded corporate and M&A lawyer and also has extensive experience in the private equity sector. He regularly advises clients on the full spectrum of M&A transactions including joint venture, cross-border and Italian public and private M&A deals. In addition, Leonardo has advised strategic and private equity clients on several acquisitions/disposals of companies He is Italian and US law qualified (New York State Bar)
Leonardo Graffi

Partner at White&Case, Milan

Speaker
Güvenç Ketenci is the Managing Partner of the firm. He advises on corporate, commercial, real estate and energy law related matters. He has a wide expertise on cross-border transactions and dispute resolution. He represents top-tier corporations in relation to their Turkish law related matters. Formerly, he worked as a visiting solicitor in the UK and gained experience on international law. Güvenç Ketenci is also the Founder of European Lawyers, and currently stands as the Chairman of this organization. European Lawyers have more than 10,000 lawyers as members at present, and aims to gather lawyers and promotes the rule of law on a global scale. In 2013 he was listed as the leading commercial lawyer in Turkey by Global Law Experts publication.
Güvenç Ketenci

Managing Partner at Ketenci&Ketenci, Istanbul

Speaker
Sebastian is a partner at the independent dispute resolution boutique Borris Hennecke Kneisel and a lecturer on “Leading Cases in International Dispute Resolution" at the Europa-Institute of Saarland University, Germany. Sebastian’s practice encompasses the entire bandwidth of international commercial disputes. He has been involved as counsel or arbitrator in arbitrations under the arbitration rules of, inter alia, the ICC, DIS, and UNCITRAL. The inaugural LMG Rising Stars 2015 guide has nominated Sebastian as a “Rising Star” in commercial arbitration.
Dr. Sebastian Kneisel

Partner at Borris Hennecke Kneisel, Cologne

Speaker
Laurent Marliere is an expert in management of complex organizations and international networks. Laurent Marliere is the CEO of ISFIN. With an ambitious and entrepreneurial mindset, he founded the premier worldwide advisory vehicle in 75 countries specialized in Islamic Markets. In 2012, Marliere’s strategy was recognized by the FINANCIAL TIMES FT INNOVATIVE LAWYERS AWARDS for innovative corporate strategy. On the academic side, Marliere lectures on strategic marketing and marketing for the Islamic markets. He authored several books, and he published some 400 articles on marketing for professional firms. As a recognized worldwide expert on strategic marketing, he is regular speaker to global conferences.
Laurent Marliere

President, ISFIN, Brussels

Speaker
Sibylle is a Partner in the Litigation & Regulatory Group of Pinsen&Masons.  Sibylle has profound expertise representing clients in the field of international and domestic arbitration as well as corporate and commercial litigation.  She has an extensive industry experience in the automotive industry as well as the TMT and financial sector.  Sibylle is ranked by Chambers Global for Arbitration and by Best Lawyers for Litigation.
Sibylle Schumacher

Partner at Pinsen Masons, München

Speaker
Arife is an Affairs Consultant at Allison+Partners, France. Having Masters degrees including the fields of law, administration and politics, she took charge in associations and parliamentary groups and built a career on project management, public relations, coordination and development of business relations. She is currently providing strategic positioning advisory, including branding and positioning, and carries out media and government relations for clients.
Arife Yıldız

Affairs Consultant at Allison+Partners, Lyon

Speaker
Mr. Zagami is the founder of and a partner at Zagamilaw which is an international law firm based in Rome, Italy. Mr. Zagami’s practice is focused on Real Estate law. He is also the founder of Real: Real Estate Attorneys at Law and the co-founder of CESDI-Research Center for International Private Law.
Paolo Zagami

Owner at Zagamilaw, Rome