The Law Event Calendar

Asian Institute of International Financial Law
Faculty of Law
The University of Hong Kong

Seminar

The Euro Zone Debt Crisis
- Why Greece is (not) Argentina -

Rainer Kulms
Max Planck Institute of Comparative and International Private Law
Hamburg, Germany

Wednesday, 2 May 2012
1:00 – 2:00 pm
Room LG102, LG1 Floor, KK Leung Building, The University of Hong Kong

For more than two years, the member states of the Euro zone have struggled to delay Greece’s de facto insolvency. In March 2012 the country restructured its public debt, persuading and cajoling bondholders into accepting a haircut of 53.5 percent. The Greek government announced another austerity programme. The International Monetary Fund and the members of the Euro zone obliged and provided fresh money to Greece.

The initial crisis management of the Euro zone had concentrated on preserving the delicate balance between sovereign debt contracts, credit ratings and credit default swaps. The Euro zone now favours a more comprehensive approach. The Argentine default has left its mark on sovereign debt contracts and Greek restructuring policies: Collective action clauses are the order of the day. Where creditors had signed a contract without a renegotiation clause, their contracts are amended retroactively by statutory intervention.

Rainer Kulms is senior research fellow and head of the US law department at the Max Planck Institute for Comparative and International Private Law, Lecturer-in-Law at Hamburg University, Germany, and Editor-in-Chief of the European Business Organization Law Review. He graduated from Hamburg University (Dr. iuris and Postgraduate Degree of Habilitation), obtained an LL.M. from the University of Michigan, Ann Arbor, and was Visiting Fellow at the University of Cambridge (Wolfson College). He has taught at the universities of Hamburg, Belgrade, Calcutta, Cluj, Paris XI, Taipei and Xi’an and at the China University of Political Science and Law, Beijing, and the China-EU School of Law.

Please register on-line via www.AIIFL.com or
email Flora Leung at fkleung@hku.hk to reserve a place.

ALL ARE WELCOME!

Centre for Comparative and Public Law
Faculty of Law, The University of Hong Kong

Seminar

Global Mining and the Challenges of Transnational Corruption, Conflict Minerals and Money Laundering

Dr. David Chaikin
Associate Professor
University of Sydney School of Business

Monday, 7 May 2012, 1:00 - 2:00 pm
LG102, LG 1 Floor, KK Leung Building, The University of Hong Kong

The Global Mining Business faces a series of interrelated financial crime risks, including transnational corruption, conflict minerals and money laundering. These legal and reputational risks have because more important because of the new international standards governing corporate behaviour and increased active enforcement of anti-financial crime laws in countries such as the United States and the United Kingdom. These risks need to be addressed by improved due diligence systems within a comprehensive corporate governance framework.

Dr David Chaikin is an Associate Professor in the University of Sydney School of Business and a practising lawyer specialising in transnational litigation and risk management. He has worked in senior government positions in Australia and London, and been a consultant to intergovernmental agencies, multinational companies and private clients. He is author of works on financial services, tax evasion, and corruption and money laundering. He has a PhD in Law from Cambridge University, a Masters of Laws from Yale Law School and degrees in law and commerce from the University of New South Wales.

Please email Flora Leung at fkleung@hku.hk to reserve a place.

Simulated Professional Learning Environment (SimPLE) is an award-winning open-source application developed by the Glasgow Graduate School of Law, University of Strathclyde. It enables learning and assessment by simulation, and supports the creation of a virtual town where students engage in authentic simulations of professional transactions. Through this series of workshops, participants will be able to:

- understand the key features of SimPLE and how it can be used to facilitate and enrich students’ learning experience;- explore and reflect on how they could make use of SimPLE in their students’ learning activities and the drivers in favour of as well as blockers against such use; and- experience SimPLE by thinking and working through a simulation drafting exercise.

About the Speaker:
Professor Paul Maharg is Professor of Legal Education in Northumbria Law School, Northumbria University. He has published widely in the fields of legal education and professional learning design. His specialisms include interdisciplinary educational design, and the use of ICT at all levels of legal education.

WORKSHOP 1: Understanding SimPLE
Date: Monday, 7 May 2012
Time: 2:00 pm – 3:45 pm
Venue: Room 321, Run Run Shaw Building, HKU
This is an open session to all HKU staff. In this session, Professor Maharg will first introduce SimPLE to the participants and demonstrate its key features by going through a few examples. Participants will then discuss in groups how they could make use of SimPLE in their course design, examine the drivers in favour of and blockers against such use and report back to the whole group. Professor Maharg will facilitate and conclude the discussion.

(1) Limited seating; first-come, first-served. Please visit HKUEMS for registration.
(2) Participants are encouraged to bring their own laptops to the workshops.

ALL ARE WELCOME!

For enquiry, please contact Ms. Lydia Bute at LBUTE@HKU.HKU / 2219-4323.

**The event is supported by the University Teaching Exchange Fellowship Scheme.**

Simulated Professional Learning Environment (SimPLE) is an award-winning open-source application developed by the Glasgow Graduate School of Law, University of Strathclyde. It enables learning and assessment by simulation, and supports the creation of a virtual town where students engage in authentic simulations of professional transactions. Through this series of workshops, participants will be able to:

- understand the key features of SimPLE and how it can be used to facilitate and enrich students’ learning experience;- explore and reflect on how they could make use of SimPLE in their students’ learning activities and the drivers in favour of as well as blockers against such use; and- experience SimPLE by thinking and working through a simulation drafting exercise.

About the Speaker:
Professor Paul Maharg is Professor of Legal Education in Northumbria Law School, Northumbria University. He has published widely in the fields of legal education and professional learning design. His specialisms include interdisciplinary educational design, and the use of ICT at all levels of legal education.

WORKSHOP 2: Putting SimPLE in Action (Law)
Date: Tuesday, 8 May 2012
Time: 10:00 am – 12:00 noon
Venue: Room 321, Run Run Shaw Building, HKU
This is a session exclusive to staff in the Faculty of Law. In this session, participants will experience SimPLE by thinking and working through a simulation drafting exercise for their own courses. Professor Maharg will facilitate and advise.

Remarks:
(1) Limited seating; first-come, first-served. Please visit HKUEMS for registration.
(2) Participants are encouraged to bring their own laptops to the workshops.

ALL ARE WELCOME!

For enquiry, please contact Ms. Lydia Bute at LBUTE@HKU.HKU / 2219-4323.

**The event is supported by the University Teaching Exchange Fellowship Scheme.**

Asian Institute of International Financial Law
Faculty of Law, University of Hong Kong

Seminar

DODD-FRANK ACT: EXTRA-TERRITORIAL IMPACT OF THE VOLCKER RULE

Jeffrey H. Chen
Cadwalader, Wickersham & Taft LLP

Tuesday, 8 May 2012, 1:00 – 2:00 pm
Room LG102, LG1 Floor KK Leung Building, HKU

Title VI of the U.S. Dodd-Frank Act contains the so-called “Volcker Rule”. The Volcker Rule prohibits bank entities: (i) from engaging in proprietary trading; and (ii) from investing in or sponsoring hedge funds or private equity funds - absent a limited number of exemptions. The Volcker Rule may very substantially impact non-U.S. banks. Basically, if a non-U.S. bank maintains an agency, branch or subsidiary in the United States, then both the non-U.S. bank’s head office and all of its affiliates globally may be restricted by the Volcker Rule. The statutory provisions of the Volcker Rule will become effective as of July 21, 2012.

Jeff Chen is a capital markets, structured finance and derivatives lawyer with experience that spans the Asian markets. His practice is focused on limited recourse and cross-border financing structures of all types, including asset-backed securities and asset backed loans. He also advises on compliance with Regulation AB and other rules applicable to asset-backed securities in the U.S., and regulatory changes relating to derivatives which are being implemented by the U.S. CFTC and SEC pursuant to the Dodd-Frank Act. He is listed as a leading lawyer in the Chambers & Partners Global Guide and in Chambers Asia (2008-2010), and in IFLR’s Guide to the World’s Leading Structured Finance and Securitization Lawyers. He is listed by Asia Legal Business as one of 19 lawyers in “The Experts” category in the ALB Hot 100 Lawyers of 2011. Jeff is a regular speaker at International Swaps and Derivatives Association, Inc. (ISDA) Conferences in Asia. Jeff received his J.D. from The George Washington University Law School in 1988. He earned both his M.A. and B.A. degrees from the University of Michigan. He is admitted to practice in New York and the District of Columbia, and as a registered foreign lawyer in Hong Kong.

Please register on-line via www.AIIFL.com or
email Flora Leung at fkleung@hku.hk to reserve a place.

Law & Technology Centre
Faculty of Law, The University of Hong Kong

Notice and Takedown with regard to Copyright and Trademarks: Does one size fit all?

Professor Martin R.F. Senftleben
Professor of Intellectual Property, Faculty of Law, VU University Amsterdam

May 8, 2012 (Tuesday)
1:00 – 2:00 pm
Room 303, 3/F., KK Leung Building, HKU

Abstract
Is eBay liable for users offering counterfeit L’Oréal perfumes? Does the Google AdWords service infringe trademark rights? Are twitter and facebook liable for inaccurate information about trademarked products posted by their users? In recent years, these liability issues have become highly controversial in the light of divergent court cases in various jurisdictions. The potential responsibility of Internet intermediaries in the field of trademarks may even become a topic of deliberations at the World Intellectual Property Organization. Against this background, the talk discusses potential safe harbour regimes for trademarks. Considering fundamental differences between trademarks and copyright, it will be argued that the expansion of copyright notice and takedown standards to trademark cases, is likely to yield undesirable results. Instead, an individual approach is needed that is tailored to the particular scope and reach of trademark protection. The individual characteristics of Internet platforms – online marketplaces, search engines, social media – must be taken into account in this context.

About the Speaker
Martin Senftleben is Professor of Intellectual Property, VU University Amsterdam, and Senior Consultant, Bird & Bird. His activities focus on the regulation of online business models through intellectual property rights, and the resulting balance between intellectual property rights and limitations serving social, cultural and economic needs. Current research topics concern the introduction of flexible fair use copyright limitations, the enforcement of copyright in the digital environment, and trademark law and the preservation of the public domain. Mr. Senftleben is a member of the Executive Committee of ALAI, a member of the State Committee advising the Dutch Minister of Justice on copyright issues, and editor-in-chief of the Dutch journal Copyright, Media and Information Law. His publications in Dutch, English, French and German cover substantive and procedural aspects of the protection of intellectual property.

ALL ARE WELCOME
Reservation Online - http://www.hku.hk/law (Seminars & Conferences)
or email Cecilia Man at cman@hku.hk

DATE: Thursday, 10 May 2012
TIME: 1:00 – 2:00 pm
VENUE: Room 303, 3/F KK Leung Building, The University of Hong Kong, Pokfulam, Hong Kong

ABOUT THE SPEAKER:
Mr. Trip Barthel was the Founder and Executive Director (1999-2009) of the Neighborhood Mediation Center in Reno, Nevada. He worked with Judges in a variety of programs from over 20 countries including Argentina, Chile, China (3 delegations), Denmark, Israel, Pacific Islands and Central and South America, etc. from 2001 to 2009. Trip has an M.A. in Conflict Resolution and enjoys conducting imaginative and interactive teaching and training experiences at conferences, schools and around the world. He became the President of the Sparks Chamber of Commerce in 1993 and the ex-Chairman of the Northern Nevada Private Industry Council. He was the Chairman of the Washoe County School to Careers Council in 1998. He was the President of the Nevada Dispute Resolution Coalition from 2001 to 2007. He participated in the UN NGO/DPI Conference in New York City in 2007. He developed material and taught courses for social conflict and ethics for students from Shivaji University, Maharashtra, India in October – November 2002 and January 2009.

ABOUT THE WORKSHOP:
This workshop will present a practical model of negotiation that allows each party to generate options while building empathy. Empathy is being willing to understand the other’s perspective. Options are about creating positive, productive choices. Through this process parties will recognize more deeply their roles in the situation, the needs of the other party and their mutual obligations.

ALL ARE WELCOME!

Please register online via HKUEMS or email Phelane Tsang at phelane@hku.hk to reserve a seat.

Simulated Professional Learning Environment (SimPLE) is an award-winning open-source application developed by the Glasgow Graduate School of Law, University of Strathclyde. It enables learning and assessment by simulation, and supports the creation of a virtual town where students engage in authentic simulations of professional transactions. Through this series of workshops, participants will be able to:

- understand the key features of SimPLE and how it can be used to facilitate and enrich students’ learning experience;- explore and reflect on how they could make use of SimPLE in their students’ learning activities and the drivers in favour of as well as blockers against such use; and- experience SimPLE by thinking and working through a simulation drafting exercise.

About the Speaker:
Professor Paul Maharg is Professor of Legal Education in Northumbria Law School, Northumbria University. He has published widely in the fields of legal education and professional learning design. His specialisms include interdisciplinary educational design, and the use of ICT at all levels of legal education.

WORKSHOP 3: Putting SimPLE in Action (non-Law)
Date: Friday, 11 May 2012
Time: 10:00 am – 12:00 noon
Venue: Room 321, Run Run Shaw Building, HKU
This is a mirror session of Workshop 2 (conducted on May 8) for staff in other Faculties. It will only be run on sufficient demand.

Remarks:
(1) Limited seating; first-come, first-served. Please visit HKUEMS for registration.
(2) Participants are encouraged to bring their own laptops to the workshops.

ALL ARE WELCOME!

For enquiry, please contact Ms. Lydia Bute at LBUTE@HKU.HKU / 2219-4323.

**The event is supported by the University Teaching Exchange Fellowship Scheme.**

Asian Institute of International Financial Law
Faculty of Law, University of Hong Kong

Seminar

DODD-FRANK ACT: EXTRA-TERRITORIAL IMPACT ON SWAP DEALERS

Jeffrey H. Chen
Cadwalader, Wickersham & Taft LLP

Tuesday, 15 May 2012, 1:00 – 2:00 pm
Room LG103, LG1 Floor KK Leung Building, HKU

Title VII of the U.S. Dodd-Frank Act regulates OTC derivatives. Non-U.S. banks or entities engaging in a sufficient volume of swaps transactions with U.S. entities (whether within or outside of the United States) may be required to register as a swap dealer with the U.S. Commodities Futures Trading Commission (CFTC). However, to date, substantial uncertainty still exists as to what is a “swap” and who is a “swap dealer”. If deemed to be a “swap dealer” under Title VII, then a non-U.S. bank or entity would be required to register with, and become directly regulated by, the U.S. CFTC. Although the date may be delayed, at present the CFTC has indicated that such swap dealer registration should occur by July 16, 2012.

Jeff Chen is a capital markets, structured finance and derivatives lawyer with experience that spans the Asian markets. His practice is focused on limited recourse and cross-border financing structures of all types, including asset-backed securities and asset backed loans. He also advises on compliance with Regulation AB and other rules applicable to asset-backed securities in the U.S., and regulatory changes relating to derivatives which are being implemented by the U.S. CFTC and SEC pursuant to the Dodd-Frank Act. He is listed as a leading lawyer in the Chambers & Partners Global Guide and in Chambers Asia (2008-2010), and in IFLR’s Guide to the World’s Leading Structured Finance and Securitization Lawyers. He is listed by Asia Legal Business as one of 19 lawyers in “The Experts” category in the ALB Hot 100 Lawyers of 2011. Jeff is a regular speaker at International Swaps and Derivatives Association, Inc. (ISDA) Conferences in Asia. Jeff received his J.D. from The George Washington University Law School in 1988. He earned both his M.A. and B.A. degrees from the University of Michigan. He is admitted to practice in New York and the District of Columbia, and as a registered foreign lawyer in Hong Kong.

Please register on-line via www.AIIFL.com or
email Flora Leung at fkleung@hku.hk to reserve a place.

香港大學法律學院中國法研究中心

香港《陽光時務》
(聯合主辦)

Forum: Wukan and Grass-roots Democracy in China
論壇:　烏坎與中國基層民主

日期: 五月十九日星期六
時間: 下午兩點至六點
地點: 香港大學明華綜合大樓T2講堂
語言: 普通話

第一節：
村民抗爭的參與和組織（中山大學政治系教授 郭巍青）
烏坎與媒體的互動（香港《陽光時務》執行主編 張潔平）

第二節：
烏坎的民主選舉（北京新啓蒙公民參與立法研究中心負責人 熊偉）
烏坎選舉與憲政民主（北京大學法學院教授 張千帆）
烏坎抗爭与法制的缺失 （廣東商學院法學院 涂四益博士）

ALL ARE WELCOME
Please RSVP by email to Ms. Tina Xie at tinaxie@hku.hk

Centre for Comparative and Public Law
Faculty of Law, The University of Hong Kong

Seminar

Prosecutorial Freedom: Why Hong Kong Needs an Independent Director of Public Prosecutions

Grenville Cross, SC
Vice-Chairman of the Senate, International Association of Prosecutors

Tuesday, 29 May 2012
1:00 - 2:00 pm
Room LG102, LG1 Floor, KK Leung Building, The University of Hong Kong

In recent years, many common law jurisdictions have recognised the need for the director of public prosecutions to have the control of prosecutions, and for the political master to disengage from the prosecution process. In 2009, the attorney general of England and Wales transferred the bulk of prosecution powers to the DPP, and this provides a model for Hong Kong. The secretary for justice, who reports to the chief executive, is a government minister, appointed by the central authorities, yet he is also the chief prosecutor, which involves a clear conflict of roles. If the secretary disengages from prosecutions in favour of the DPP, this will promote public confidence in the integrity of the criminal justice system, and align Hong Kong with international trends.

I Grenville Cross SBS, QC, SC is the Vice-Chairman of the Senate of the International Association of Prosecutors. He was appointed Director of Public Prosecutions of Hong Kong, China, after the reunification in 1997, and held this post until 2009. Mr Cross served on the Executive Committee of the International Association of Prosecutors from 2007 to 2010. A member of the Bars of England and Wales, and of Hong Kong, he was appointed Queen’s Counsel (QC) in 1990, becoming Senior Counsel (SC) in 1997. Mr Cross is Honorary Professor of Law, University of Hong Kong, Visiting Professor of Law, Chinese University of Hong Kong, and Adjunct Professor of Law, China University of Political Science and Law, Beijing. He is Sentencing Editor of Hong Kong Cases and of Archbold Hong Kong, and Co-author of Sentencing in Hong Kong. In 2010, he was awarded the Silver Bauhinia Star (SBS), for his contribution to the development of prosecution services in Hong Kong, and the Certificate of Merit of the International Association of Prosecutors, for his contribution to global efforts to prosecute crime.

Please email Flora Leung at fkleung@hku.hk to reserve a place.