INTERNATIONAL LEGAL NEWS

Bullet"iln" Volume 5 Issue 2   July 13, 2006
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French Foreign Investment Regulations
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2006 ILN 18th Annual Meeeting - Berlin
Hosted by: and Goehmann, Wrede, Haas, Kappus & Hartmann
by Lindsay Griffiths

Howard J

Welcome Reception

 

The opening reception was held in the Salons Brandenburg at the Hotel Adlon.  On behalf of the International Lawyers Network and Goehmann, Wrede, Haas, Kappus & Hartmann, Marga Wolpert opened the 18th Annual ILN Meeting by welcoming the delegates and their companions to Berlin.  The group was joined by the keynote speaker for the evening, Dr. Helmut Kohl.  As the architect of the Reunification of Germany and the first Chancellor of Germany following reunification in 1990, Dr. Kohl spoke to some of the issues related to the integration process and the subsequent effects on the reunified Germany. 

 

Friday Session – May 12, 2006

 

Welcome and Opening Address


 

Hostís Comments

 

Marga Wolpert opened the ILN Business Session on Friday, May 12, 2006 by welcoming all of the members to the 18th Annual ILN Meeting.   Lowell Lifschultz also welcomed the delegates and extended a special welcome to all new ILN members and guests.

 

New Members Introductions

 

Alan Griffiths began the Business Session by introducing our four newest members in the Network – Mr. Dmitry Dyakin & Mr. Sergei Airapetov from Legas Legal Solutions in Moscow, Russia (www.legas.ru), Mr. Mario da Rosa Amaral from MGRA & Associados in Lisbon, Portugal (www.mgra.pt), Mrs. Didem Ozcan from Ozcan & Natan Law Firm in Istanbul, Turkey (www.ozcan-natan.av.tr/) and Ms. Katya Glushkova and Mr. Alexander Ivanov from Teralex Consult in Sofia, Bulgaria (www.teralexconsult.com). 

 

Alan then invited Sergei Airapetov from Legas Legal Solutions to take the floor. 

 

Sergei expressed his happiness at being able to join the ILN Annual meeting in Berlin and provide the membership with an overview of Legas Legal Solutions.  The firm is an independent, mid-sized Russian law firm, with 20 lawyers, including four partners.  The firm also has 10 administrative support staff members.  Their main office is in Moscow, but the firm is able to work throughout Russia and has partners in the former USSR republics.  The firm was founded by its managing partner, Dmitry Dyakin, in 2002 and the core practice was litigation with a focus on energy litigation.  Since then, the firm has grown to include corporate, real estate, mergers & acquisitions, tax, international trade, banking & finance, and employment, and offers dispute resolution, litigation and arbitration services.  The firmís vision is to combine both a profound knowledge of the Russian legislature and litigation system with pro-western management to become a leader in the Russian market in their core areas of specialization.  The firm focuses on three types of clients – Russian giants, such as oil companies, a group termed ìother Russians,î which includes companies that obtained their assets through a modern western style of business instead of privatization, and western clients, with western clients making up 40% of the firmís business.  Sergei noted that the firm has already had referrals from ILN members in North America, Europe and Asia, and that the ILN gives the firm the opportunity to develop personal relationships with other members to aid in information exchanges as well as referrals.  He reiterated the need for the firm to have reliable and expert partners around the world. 

 

Legas Legal Solutions

Business Center Nemetskaya Sloboda
Building 1, 31/7 Novoryazanskaya Street
Moscow, 105066, Russia

Telephone: +7 (495) 933 0830
Fax: +7 (495)742 4434

 

Alan thanked Sergei for his informative presentation and Mario da Rosa Amaral from MGRA & Associados to take the floor.

 

Mouteira Guerreiro, Rosa Amaral & Associados

Avenida Miguel Bombarda, 129 – 1.?
Lisbon, 1050-164, Portugal
Telephone: + 351 21 359 50 90
Fax: + 351 21 359 50 99

 

Alan thanked Mario for his presentation.  He then invited Didem of Ozcan & Natan Law Firm to take the floor.

 

Didem noted that she is one of the three partners at her law firm, a mid-sized firm located in the heart of Istanbul.  The firm has seven lawyers, three of counsels and one trainee.  Their main areas of practice are corporate law, banking law, administrative law, bankruptcy law, tax law, securities law, international private law, labor law, estate law, law of obligations, tort law, and commercial criminal law.  The members of the firm are able to converse and correspond fluently in English, German and French, and the firm offers their clients high quality legal advice, effective and efficient executions, multilingual legal assistance, quick government applications, and cooperation with high profile of counsels.   The firm acts for international and domestic corporations mainly, as well as owner-managed companies, family run businesses, institutions, and private individuals.  Their clients are in the medical devices, airline, kitchen equipment, software, telecoms, banking & finance, advertising, and tobacco industries.  Didem noted that the firmís hourly rates are 100-300 euros, depending on the attorney working on the matter, but that the firm also works on a flat fee basis depending on the project.  She closed by saying that Turkey provides many investment incentives for investors, and the firm aims to assist international clients wishing to operate in Turkey in cooperation with ILN members. 

 

Ozcan & Natan Law Firm

Siraselviler Cad. No:25 Kat:5 D:11
Istanbul, 34437, Turkey
Telephone: +90 (0) 212 292 30 99
Fax: +90 (0) 212 292 30 77

 

Alan then thanked Didem for her presentation and invited Katya Glushkova of Teralex Consult to take the floor.

 

Katya began by introducing herself as a partner and co-founder of Teralex Consult.  The firm was established in 2001 and expanded over the next five years to become a mid-sized Bulgarian firm with nine lawyers.  The firm has offices in Sofia and Plovdiv, but operates throughout Bulgaria.  They have a business-oriented practice, focused on providing services to corporate clients, which include Bulgarian, international, and joint venture companies of all sizes.  Their clients can be found in the television and radio broadcast, production, construction, real estate investments, tourism, trade, insurance, financing, gambling, medical, and education industries.  The firm has also consulted for government institutions, and both Katya and Alexander Ivanov have participated as members of working groups on drafting several legislation acts.  The firm provides a broad range of legal services, covering all aspects of business law, such as corporate law, commercial contracts and transactions, foreign investements, commercial property, real estate & construction, privatization and concessions, media law, banking and finance, tax law, intellectual property, administrative law and public procurement, and litigation and arbitration.  The firm is particularly known for their media law work.  Katya closed by saying that the firm is honored and excited about their ILN membership and looks forward to making new friends and forming relationships as part of the ILN.

 

Teralex Consult

37 Angel Kunchev str., fl 2, ap. 6
Sofia, 1000, Bulgaria
Telephone: +359 2 9888363
Facsimile: +359 2 9888363

 

Guest Presentation – Mr. Rune Hamborg of DAHL Law Firm

 

After thanking Katya for her presentation, Alan invited Rune Hamborg to come up and speak about his firm, DAHL.  The ILNís current Danish representative, Kield-Gustav Erichsen of Konig Homann Erichsen Advokater, who has been a member since the founding of the ILN had spoken to Alan regarding the Networkís need for a larger partner in Denmark.  It was agreed that Kield-Gustav would be made a lifetime honorary counsel of the ILN, and would be welcome at all ILN meetings for as long as he wishes. 

 

Rune then thanked Alan for the invitation to the meeting.  He noted that his firm is a full-service business law firm in Denmark, dealing with national and international issues and clients.  The firm has approximately 100 lawyers and 235 employees in total.  With offices in both Denmark and Germany, they are among the top six offices in Denmark, and the only large law firm in Denmark the covers the whole country.  The firmís main office is in Copenhagen, but they also have four small offices throughout Denmark and two small offices in Germany.  The firm is full-service, but is particularly strong in competition law, EU law, IP law, M&A, real estate property, and tax law.  Rune noted that they are currently seeing a lot of international business happening with real estate projects and that there are a lot of investments into Denmark, as well as into other European countries.  He cited the importance of having local knowledge and said that the size of the firm enables them to always have the necessary manpower to put together the right team to handle complex cases in Danish industry.  DAHL is particularly client-focused and as such, they always allocated a responsible partner to each client.  They combine these strong generalists with highly specialized lawyers to cover all areas, putting together a highly flexible team.  The firm also has high ethics standards and a strong international focus, with a continued expansion of international relations.  In particular, the firm has an international task force to cover all of their offices, ready to handle larger international cases.  Rune noted that personally, he heads international relations at DAHL, as well as the competition and procurement law departments.  He specializes in Danish and EC competition law, and before joining DAHL, he was with the Danish Lex Mundi representative for a number of years.  He also lectures at the University of Copenhagen on EC competition law.  He closed by saying that he looked forward to meeting the ILN members at the meeting and getting a feeling for the ILN spirit. 

 

Member Firm Update

 

Alan first invited Pavla Prikrylova of PETERKA & Partners, v.o.s. in the Czech Republic to give an update on her firmís latest news.  Pavla announced that the firm is planning to open their third office in Kiev, Ukraine.  The firm is proud that they are growing and strong enough with their second office in Slovakia to expand regionally.  Ukraine is becoming a ìhot spotî for European investors.  As the second largest company in Europe, the Ukraine has become a parliamentary republic with a semi-presidential system.  It has been independent since its split from the USSR in 1991 and has had a constitution since 1996.  Administratively, the country is divided into about 24 districts and the population is 48 million people, with the majority made up of Ukrainians and Russians comprising the strongest minority.    The countryís economic growth is about 2.5%, which is half of that of the Czech Republic, but the country is developing so quickly that they will reach a higher rate this year or the next.  There is a heavy industrial focus in the Ukraine, with coal and metallurgy being their main industries.  However, real estate and tourism are also important industries.  The Ukraine is a member of the UNO, the Commonwealth of Independent States, the Counsel of Europe, the International Monetary Fund and the International Counsels of Europe.  They are currently in discussions with NATO and the WTO, as well as the European Union. 

 

As for the firmís new office, it was established at the beginning of the year and the firm has rented office space as of February.  They are hoping to open at the beginning of June.  The new office will be able to provide services in English, French, and Russian and is already working on a few cases for international clients and Ukrainian clients, specifically in acquisitions, corporate and real estate.  The head of the new office is a member of the Prague firm, Monika Hoskova, who is fluent in English and French and has a good knowledge of Russian.  She specializes in general commercial law and mergers & acquisitions.  Alexander Poels of the Slovakia office will be joining her, as well as ten Ukrainian lawyers. 

 

Alan thanked Pavla and noted that the ILN would include the firmís contact information on the website when the office is up and running.  He then invited Johan Vanden Eynde of Vanden Eynde & Partners in Brussels, Belgium to speak about his firmís growth. 

 

Johan thanked Alan and said that it was a pleasure for his firm to be a part of the Network.  His firm focuses on consultancy, preventions, mediation and litigation in business and administrative law, as well as the recent addition of an EU law practice.  The firm currently has about thirty five lawyers, including five partners.  Dominque Grisay is the firmís newest partner, joining the firm in January.  A lawyer in Belgium with a masters degree from the Netherlands, Dominique is now a lecturer at the business school on European law and an invited lecturer at the University of France and Leonardo da Vinci in Paris.  His practice focuses on European law and anti-dumping.  Johan added that the firm has also recently had one of their associates appointed as a ìcuratorî or legal bankruptcy receiver and they have set up a niche in sport law over the past three years.  Within sports law, they are practicing corporate, intellectual property, television rights, and public procurements for the infrastructures of sports.

 

Alan thanked Johan and invited Hock Chan of the Isle of Man to make a short announcement.  Hock noted that last year, Cooper Chan was dissolved as a partnership and firm created Chan Law LLC.  He assured everyone that only the name has changed, but the firmís services have remained the same.    

 

Directorsí Update

 

After thanking Hock, Alan invited Lowell to make the Directorís Update.  Lowell began by reflecting on the beginnings of the Network eighteen years ago, and the group recognized the efforts of Kield-Gustav Erichsen, Peter Crystal and Per Konig in putting together the Network with a round of applause.  Lowell then went on to say that his participation in the Network has added a dimension to his life that he wouldnít have otherwise had – he used to believe that the ILN was about business development, but he has learned that its really about relationships.  He then announced that effective with the next Annual Meeting, he plans to retire from the Network as its chairman. 

 

As part of the transition, the Board nominated Peter Altieri to this class of directors.  Lowell noted that the slate of Directors up for election/re-election include himself, Peter Altieri, Jon Denovan, Michael Slan, and Marc Udink.  He reminded the assembled delegates that there is a procedure set forth in the by-laws that provides for nominations to the Board to be made prior to the meeting and otherwise, nominees are set forth by the Board, who are trying to create regional and firm size diversity.  No discussion issues were raised by the assembled delegates, so the group voted and the slate of Directors was passed with none opposed. 

 

Marc Udink then continued with the Directors Meeting update.  He noted that the Board had evaluated the marketing efforts of the Network, specifically discussing the group of marketing professionals within the Network.  Marc added that Lindsay Griffiths would be looking to have more success with this group and suggested that European firms get their marketing directors and/or office managers involved as well.  He went on to say that the Board had discussed Network referrals in great detail, focusing on the fact that referrals are underreported by about half, though they have increased from the last period.  The firms have been fairly successful in referring work overall, and Marc encouraged members to attend as many Annual and Regional Meetings as possible, because the tendency is to bring work home as a result of the Meetingsí networking opportunities.  The Board also discussed the specialty groups, which have been a benefit to the Network.  Marc noted that the Board recognizes that the groups can be a greater success, so he suggested that everyone participate in the groups as much as possible.  Another topic covered at the Board meeting included the collection of dues.  Because there is some difficulty with collecting the dues on time, which creates a cash flow problem for the Administration twice a year, the Board agreed to go to a once a year billing system, beginning in January of 2007.  Marc summarized by saying that although Lowell plans to retire from the Network, he will always be with the Network in spirit, and the true spirit of the ILN is one of friendship – this is what sets us apart from other international legal networks. 

 

New Orleans & Hurricane Katrina

 

Alan asked David Willenzik to share with the delegates McGlinchey Staffordís experience with Hurricane Katrina, and how their emergency plan helped them in a time of crisis.

 

David began with an overview of the firmís location, and the devastation that was wreaked by Hurricane Katrina and the subsequent collapse of the levees surrounding the city of New Orleans.  He then spoke in particular about his firm – the firm is a 200 person law firm, with eight offices, three in Louisiana, two in Texas, one in Mississippi, one in Ohio, and one in upstate New York.  The firmís headquarters is in New Orleans, with approximately 90 lawyers, and the firmís managing partner, Rudy Aguilar, is located in Baton Rouge.  When the firm learned of the approaching storm, they immediately took steps to secure two floors in the Baton Rouge office, office furniture, and 150 apartments.  Because of this action, although the storm hit on Monday, the expanded office was operational in Baton Rouge by Thursday.  David noted that the firm had learned a great deal from the experience – first, they were thankful for having a multi-state, multi-office firm to rely on.  They also learned that their IT system needed improvement, and following their return to the office, they brought in a consultant to do disaster recovery.  They have now moved their computer system to Dallas and David recommended moving all IT systems out of the danger area for any firm exposed to potential disasters.  He also advised that firms have a disaster plan critically in effect, and ensure that critical services are located off-site.  David summarized by saying that strong administrative management helped them to come out ahead, and the firm was able to reopen in the first week in November. 

 

ILN Update

Following  a short break, the delegates reconvened for the Administrationís Update. 

 

2006/2007 Recruitment Objectives & Update:

Alan began with the 2006/2007 recruitment objectives and update.  He said that at present, there are 87 firms in 62 countries on six continents in the Network, representing an approximate 4,500 attorneys.  The Network has a tremendous base, with coverage in the major markets in North America, Asia and Europe and is striving to cover more cities in Africa and South America.  In the last year alone, the Network has grown by ten firms.  For the upcoming recruitment period, the Administration plans to focus in particular on developing the North American region, and secondarily on other areas where there are still vacancies.  Alan encouraged all firms with relationships in the cities targeted for recruitment to contact the Network to assist in making introductions. 

 

Referrals Activities:

Alan then moved on to a discussion of the Networkís referrals.  He noted that the referral report for July 2005 – December 2005 is included in the conference book, and said that the referral numbers contained in this report are underestimated by half and do not include ongoing referrals.  Lowell added a suggestion that member firms copy Alan on the initial referral email to allow him to keep track of the referrals, which also serves the dual purpose of enabling Alan to follow up on the referrals. 

 

Alan spoke specifically about two multijurisdictional referrals, which although not being large in size, can be used as an example of opportunities that firms can identify for their clients.  In particular, Alan referenced the IBM referral, in which IBM needed assistance on a licensing question as part of their Lenovo deal.  Lowell put his client in touch with the ILN, and the Administration was able to act as a coordinator for the 17 jurisdictions that were involved.  In addition, one of Epstein Becker & Greenís clients for their Dallas office are reviewing their outside counsel requirements and their attorney at EBG suggested looking at ILN members.  The Administration was able to provide profiles for the jurisdictions in question.

 

With respect to the referral report, referrals were up from 150 in the previous period to 171.  Regional referrals continue to be extremely important.  For example, of the 70 referrals made in Europe, 45 of these were interregional.  Similarly, 37 of 76 referrals in North America and 12 of 20 referrals in Asia were interregional.  Alan noted that this reflects the increasing importance of building up relationships within these regions as the Network moves forward, and he said that the Administration plans to identify opportunities for member firms within each region to meet and further develop their relationships.  He suggested that when travelling to a city, members look to meet with the member firm in that city. 

 

As for the size of the referrals, Alan reiterated that this information is difficult to obtain.  However, it is a good process to go through each period.  Of the 171 total referrals, 112 are in the $0-$5,000 range, 49 are between the $5,000 to $25,000 range, five are in the $25,000 to $50,000 range and five are in the $50,000 plus range.  The types of matters that are being referred are mostly corporate. 

 

ILN Events & Initiatives:

The next topic was ILN events and initiatives.  Alan told the assembled delegates that the Administration continues to work with the specialty groups, although the focus of the goals of the groups has shifted.  They began as a means to introduce clients to groups of ILN attorneys, in addition to creating another layer of contact among member firms.  Although this will continue to be a secondary goal, the groups are now working to become more visible externally and internally using modern technology such as blogs and podcasts as much as possible.  Jeff Shapiro commented on the Medical Device group, saying that their latest effort was to put together a virtual roundtable on the topic of spoliation.  The effort was spearheaded by Steve Rathke, but was the brainchild of Marty Beirne.  The group plans to use the finished product in the Bulletîilnî and for their clients.  Jeff suggested that firms encourage their clients to visit the ILN website for this and other relevant topics.  Peter Altieri then commented on his work with the International Dispute Resolution group.  He said that the idea behind the group is to connect those that do litigation and dispute resolution to create a knowledge base by sharing information.  As their first effort, the group created a questionnaire to be answered by members of the group, focusing on the applicable law in a variety of areas.  These areas included enforcement of international judgments, treaties the jurisdiction might be a party to, discovery and other processes, recovery of attorneysí fees, and other aspects that might be legally different from country to country.  The questionnaire responses are being posted to the website as they are submitted.  Alan also noted that there are new specialty groups proposed for formation over the next few months.

 

Alan then made a short mention of the Networkís affiliation with Sun Communications Group, a small public relations firm that the ILN is working with to heighten visibility.  He noted that an article was recently published in Tax Business UK, for which Gary P. Kaplan was interviewed and the ILN was mentioned.  In conjunction with this, the ILN took out a small advertisement. 

 

He then moved on to the Gerson Lehrman Group, who provide an expert-matching service to investment analysts.  As issues come up that these analysts need quick access to experts for, the Gerson Lehrman Group uses their database of experts to arrange consulting conference calls.  A number of ILN members have signed up to be experts, and the group is now able to bring in the whole firm as consultants.  The Gerson Lehrman Group pays a fee to each expert for their consulting time based on the hourly rate. 

 

The ILN publishes two electronic newsletters a year, the International Legal News and the Bulletîiln.î  The International Legal News is currently delivered to approximately 1,000 corporate counsel and senior executives throughout the world.  Although the largest percentage of recipients is in the United States, the Administration is worked to expand the database.  In addition to developing the database in-house, generals counsel are also subscribing to the newsletter, including the counsel for Exxon-Mobil.  The articles that were most popular in the recent issue include ìUS Land Salesî with 256 views, ìEuropean Enforcement Orderî with 152 views, ìEstablishing a Presence in Chinaî with 121 views, ìNew Companies Act in Swedenî with 118 views, and ìStandards for All Appropriate Inquiriesî with 76 views.  These continue to be accessed on the ILN website, and appear in search engine results.  As part of the effort to drive viewers to our website, the ILN recently redesigned the website for the second time.  The new main page more efficiently showcases upcoming events, news, newsletters and the brochure and current member list.  Any news announcements or articles sent to the Administration from member firms can be uploaded to the website for inclusion, and in addition to be highlighted on the main page, can be attributed to member firms, authors, and specialty groups.  Already, the activity level on the website has risen to 40,000 hits in April, up from 7,500 during the same period in 2005.  Although the majority of views are coming in from North America, the Administration will be researching the possibility of adding translations to the website to allow for wider accessibility. 

 

Other technologies are also valuable for the ILN to explore.  Alan touched on the idea of podcasts, which are short radio-type programs that can be recorded and uploaded to the website.  They can be accessed at any time, anyone can subscribe to them, including clients, and they are automatically downloaded whenever they are updated.  The Administration sees possibilities with using these in conjunction with the ILN specialty groups and views them as a positive marketing tool.  Similarly, blogs also present a great opportunity for increasing visibility.  Member firm McGlinchey Stafford currently has two blogs – Class Action Fairness Act and Hurricane Law – and is launching a new one on Go Zone Financing.  Alan reiterated that these are great tools that the ILN can pioneer, using its unique international base of experts. 

 

Marketing Activities Update

 

Alan then invited Lindsay Griffiths to give her update on the ILNís marketing activities. 

 

Strategic Differentiation:

One of the activities that Lindsay has been focused on is strategic differentiation, which is the process by which the ILN can show how it is different to other international legal networks.  Phase One was completed in January, which provided the Administration with the tentative message that the ILN is about personal relationships.  Phase Two was recently completed in April, during which the Administration developed audience profiles, for use in Phase Three.  Phase Three will focus on making a final determination of the ILNís message and defining how various marketing tools will be used to get this message across.  The Administration anticipates completing this phase in August. 

 

Public Relations:

Lindsay further examined the ILNís public relations efforts, saying that the initiatives undertaken by Sun Communications Group include a combination of a domestic and international media relations program and a strong speaker program for key attorneys within the ILN in different trade organizations.  She noted that the Administration is hoping to supplement these efforts with media partnerships, which would enable the ILN to showcase the Network in a conferenceís promotional materials in exchange for publicizing the event among ILN members.  In addition, the ILN is also working with PR Newswire to identify opportunities for releasing announcements regarding the Network.  Lindsay noted that the Network had sent out a release for Helmut Kohlís announcement as the Annual Meetingís keynote speaker and that it was picked up by several internet media outlets. 

 

LMA Conference:

Lindsay also discussed her experiences at the Legal Marketing Associationís Annual Meeting, which is considered to be the premier information exchange and networking opportunity in the legal marketing and sales industry.  Along with the conference sessions, Lindsay found value in the networking opportunities at the conference.  She met with Alicia Brown of American Lawyer Media, who is interested in using the ILN as a resource for roundtables, and met with marketing professionals from four member firms.  This enabled her to share information about the Network, as well as to learn more about the member firms. 

 

In addition to the networking opportunities, Lindsay attended a panel discussion called ìDeveloping Reality Based Marketing Initiatives: Whatís Important to Corporate Counsel when Choosing Law Firms.î

 

BTI Consulting Group recently said that nearly 70% of clients are unhappy with their primary law firm.  In her article, Marcie Borgal of BTI said that client satisfaction dropped to 30.7% from a five year high of 43.5%.  After analyzing 200 interviews with corporate counsel, the reasons for declining client satisfaction were identified as being: not keeping up with changing client needs; doing a poor job of articulating and delivering value; and poor communication between law firms and clients.   These issues were echoed by the panelists at the LMA, who encouraged firms to know their clients and know their business above all else, listening to their clients, submitting only clean bills, not requiring too much time of their clients for feedback, and being flexible.

 

Technology:

Lindsay also addressed the issue of technology in her presentation.  She noted that the marketing side of the redesigned website is the ILNís ability to draw more attention to the site with constant updates.  Although the ILN Administration does a great deal of research to obtain firm updates, Lindsay encouraged firms to send their own announcements and updates to her for inclusion on the website.  She also highlighted the new success stories page as one of the most important marketing tools on the new website.  Since it showcases how the Network works, and the satisfaction of member firms and their clients, Lindsay reiterated the importance of sending in updated referral success stories. 

 

She also agreed that blogs are a great tool, as well as podcasts.  In addition to these technologies, Lindsay discussed webinars, which act as internet seminars, allowing participants to log in to a website and see a PowerPoint presentation.  The benefits of this are that members can host seminars without having to travel or invite only local clients.  She and Alan agreed that they would be focusing on these technologies over the next several months to implement them within the specialty groups.

 

Marketing Your Firm as the ìGo to Firmî in Your Jurisdiction

 

With the ILN Administration update complete, Alan introduced Mr. Mark Hilpert, the Tax & Economic Incentive Manager from Honigman Miller Schwartz and Cohn in Detroit, Michigan. 

 

After introducing himself and his relationship to the firm, Mark spoke about Honigmanís latest efforts.  The firm has three offices in Michigan, in Detroit, Oakland County, and Lansing.  Comprising of 220 attorneys, the firm is recognized by Chambers and Partners as the top Michigan firm in three practice areas.  The firm changed its marketing direction as it realized that its firmís client relationships were aging and as a result, the firm is looking to establish a brand in the legal marketplace.  They have established a number of new practice areas, including family business (combining estate planning, tax, and corporate work to meet the special needs of a family business), gaming and hospitality, Indian tribal law, and insurance, which is a reflection of the recent trend in the legal field to move from practice groups to client industry groups.  Markís group, the Tax & Economic Incentive group combines a number of practice groups, such as real estate, tax, and corporate, to create an environment to take advantage of the tax incentives offered by governments to entice businesses to locate facilities and jobs in their various jurisdictions.  The idea behind this is that if the firm can bring in a potential client and provide them with ìone-stop shoppingî service, this is a good value add.  For example, with the recent problems in the automotive industry in Michigan, the tax incentive practice is focused on redeveloping existing properties that have been vacated by automotive distributors and parts makers, and putting incentives in place to make these properties more marketable to other companies and potential buyers. 

 

In addition to these efforts, the firm has been working on the ìGuide to Business Success in Michiganî over the past year.  The book is written in a non-legalease business English format and geared towards business executives to provide them with all of the legal guidelines and laws with respect to the unique aspects of Michigan if they are looking to locate or do business there.  Although this is not a new idea, the firm feels they have distinguished themselves by not simply compiling the available documents and committing to keeping the guide updated and current.  In addition, the firm is working with distribution partners, such as the Chamber of Commerce and the Michigan Commerce Department.  Mark noted that all conference attendees would be receiving a copy of the book following the meeting.

 

Saturday Session – May 13, 2006

 

European Patent Office – Dr. Stefan Steinbrener

 

Marga welcomed the delegates to the Saturday morning session and introduced Dr. Stefan Steinbrener of the European Patent Office, the morningís first speaker. Dr. Steinbrener spoke on patenting computer-implemented inventions under the European Patent Convention.  If you would like to receive more information on this presentation, please contact the ILN Administration for a complete audio transcript.

 

Breakout Sessions

Medical Device & Drug Manufacturing Litigation Group – Konferenzraum 2 – Mr. Jeffrey Shapiro

 

In attendance:


Jeffrey Shapiro, Arnstein & Lehr LLP

David Russell, Harrison & Moberly, LLP

Stuart Gerson, Epstein Becker & Green, P.C.

Stephen Rathke, Lommen, Abdo, Cole, King & Stageberg, P.A.

Norman Zivin, Cooper & Dunham LLP

Julia Steinbrener, Goehmann Wrede Haas Kappus & Hartmann

Robert Andre, Ogden Murphy Wallace, P.L.L.C.

C.K. Kwong, Sit, Fung, Kwong & Shum

Marga Wolpert, Goehmann Wrede Haas Kappus & Hartmann

Johannes Sykora, Braunegg, Hoffmann & Partner

Anthony George-Ikoli, George Ikoli & Okagbue

Stefan Steinbrener, guest speaker

Richard Walsh, Lewis, Rice & Fingersh, L.C.


 

Julia Steinbrener gave a presentation on the topic of Direct-to-Consumer advertising for prescription drugs and medical devices, specifically focusing on a comparison of the United States and Germany.  Julia noted that in the United States, there is a belief in ìpatient empowerment,î which allows for the possibility of extensive advertising for prescription drugs to the public.  The reasons for this are twofold – advertising creates an environment of competition among brands, which improves quality and lowers the prices for consumers resulting in an overall improvement of public health; and it fosters a dialogue between the doctor and patient, because the patient is better informed.  However, in Germany, advertising prescription drugs to the public is forbidden.  The sense is that advertising unduly influences consumers, especially if they are ill and this causes them to interfere in their relationship with their doctors, putting pressure on doctors to prescribe certain medications over others.  For example, one of the current legal issues in Germany is the question of whether publishing a package insert from a prescription drug on the homepage of a companyís website should be considered advertising.  Julia also showed a few other examples of what is forbidden versus what is accepted.  Testimonials are considered to be advertising, unless it is made clear to the public that the speaker is a representative of the company and not a neutral third party. 

 

Following Juliaís presentation, there were several questions and discussion points that were raised.  Bob Andre was interested in learning how advertisements in mass media from outside of Germany coming into Germany can be regulated.  Marga Wolpert noted that some advertisements are global and cannot be regulated, but the German government has some control.  If the drug is intended to be sold in Germany, then the company must abide by the applicable laws.  Otherwise, a disclaimer must be included that the advertisement is not for Germans.  In addition, if the media is not written in German, it can be said that it is not intended for Germans, and therefore not subject to the same laws.  Jeff said that the question regarding the package insert was interesting because in the United States, the doctor receives the insert but does not pass it along to the patient, and it is his belief that it would be something that the government wants the patient to have.  Julia replied that the patient is required by law to get the package insert, but only after the medication has been prescribed so as not to influence them in advance.  Jeff went on to say that in the United States, there is a ìlearned intermediary,î i.e. the doctor in this case.  When medication is prescribed, the patient is relying on the doctorís skill and judgment.  Historically, doctors have said that they gave medical advice based on the information they received from the company.  Because of the extent of litigation now in the United States, the doctors are now becoming more adversarial towards pharmaceutical companies.  Jeff was curious to know if the same situation was occurring in Germany.  Marga said no.  David Russell explained that every law office has a book called ìPhysicianís Desk Reference,î which compiles all of the package inserts for every drug.  He asked if this book is available in Germany and Marga said there is no such book in Germany.  Stuart Gerson pointed out that much of the information available on drugs comes from chat rooms, and every drug has a following.  Marga said that there is nothing that can be done to regulate this.  Jeff and David agreed that DTC advertising in the United States will become problematic for pharmaceutical companies, resulting in problems with the FDA and an explosion of medically-related litigation.  David said that the advertising issue is symptomatic of a larger problem in the United States, which is the way in which drugs are brought through the testing process and into the market.  Julia added that she believes that part of the reason that the laws prohibit pharmaceutical advertising is because the state pays for healthcare, so it is to their benefit to keep costs down.  There were no other questions or comments, so Jeff thanked Julia for her presentation. 

 

The second point on the agenda was the Medical Device Roundtable.  The group agreed that the roundtable needs editing and should be put into a final format that includes the biographies of the participants.  Steve Rathke agreed to edit the roundtable over the next thirty to forty five days.  Once the final version has been agreed upon by all participants, the roundtable will be included in the Bulletîilnî and prepared for distribution to clients, including European and Asian clients.  The group then moved on to discussing future topics for the second roundtable.  They agreed that Juliaís topic of Direct-to-Consumer advertising for pharmaceutical companies would be interesting and would appeal to a wide audience.  Marga Wolpert and Julia agreed to start the roundtable by putting together a list of questions and being the first participant to respond.  Lindsay agreed to coordinate this with them.

 

The final point on the agenda was a discussion of the groupís goals and objectives.  The group agreed that although participation could be better, the cocktail reception at the DRI conference and the roundtable have both been successes that the group can build on.  While the group is interested in increasing the work they receive from clients as a goal of the group, they stated their early goals as mutual education through the sharing of information that they can provide to their clients and developing publications that can be disseminated to clients.  David pointed out that although the groupís progress could be more pronounced, over the past five years, the specialty groups as a whole have begun to develop, grow, and prosper.  He sees the group deepening their relationships and knowledge of each other practices so that in the long term, they will be able to form flexible teams to work together on matters.  In the short term, Jeff suggested that the group look to the Regional Meeting of the Americas in the Bahamas and or the Annual Meeting in New York to put together a panel of clients to speak at the meeting.  Stuart volunteered to invite his client from Pfizer to the Annual Meeting and suggested that firms sponsor any clients they would like to invite to speak.  Lindsay suggested putting together a conference call to follow up on planning for a client panel.

 

As a final point, Stuart brought up a relevant educational topic.  For those members that follow recent legal developments in the United States, the FDA published their position on black box warnings and what goes into the package insert.  This was a well-anticipated position, which reduces risk and lowers cost.  Stuart noted that it will not only be useful for American companies, but will also be used as a model elsewhere in the world.  He said that the controversial part of the position is the preamble, which says that the federal standard in the United States is intended to be pre-emptive of all state law.  This will increasingly be the stated policy of the government, and while the requesting part was reasonably bi-partisan, businesses that sell their products in every state are being subject to litigation where a state wants to have its own standard, which makes it difficult to do business.

 

There were no further comments, so Jeff adjourned the meeting. 

 

Tax Group – Kaminzimmer – Mr. Peter Kirpensteijn & Mr. Gary Kaplan

 

In attendance:


Peter Kirpensteijn, Udink & De Jong

Gary P. Kaplan, Howard Rice Nemerovski Canady Falk & Rabkin

William Poole, Epstein Becker & Green, P.C.

David Lyon, Fabian & Clendenin

Mark Biddlecombe, Nigel Harris & Partners

Katya Glushkova, Teralex Consult

Urs Kaelin, Arnold Wehinger Kaelin & Ferrari

Antje Sudmeyer, ATCon AG

John OíDonnell, Ogden, Murphy, Wallace, P.L.L.C.


 

The tax group opened with a discussion of the possibility of doing webinars.  They agreed that finding the right topics is essential, and it was suggested that the group develop a list of topics, some of which would be relevant to a number of jurisdictions and some of which would be relevant to specific jurisdictions.  Bill Poole suggested that the webinars be recorded so that they can be archived on the website for future use.  Some of the topic that were mentioned include US expatriates and taxes, the impact that the US Internal Revenue Service has on internal revenue in the United Kingdom, the law that extended the rules on qualified corporation dividends, how Americans can invest in other jurisdictions, dealing with foreign investments in real estate structures, how foreign trusts can benefit US persons and some of the reporting requirements, property investments in multiple jurisdictions, and investing in China.  The group agreed that they would test the webinar possibilities by using them internally first, and then expanding them for clients.  Katya Glushkova noted that the webinars will have particular relevance internally because it is not always feasible to bring all of the specialty group attorneys to ILN meetings, so this would be a way for them to meet the Network members.  Peter Kirpensteijn suggested that the group follow up by requesting a list of relevant topics from all tax group members and then choosing one to use as a test. 

 

The group then moved on to a case study, prepared by Peter, Gary Kaplan and Antje Sudmeyer, which includes a number of elements that the members encounter in their practices.  It focused on a US group that was interested in acquiring two German companies.  The companies were not operating profitably and it could be an asset or a share deal.  There is the added issue that the financing of the deal by the seller was through a 40 million Euro loan to one of the German companies.  The discussion focused on some of the questions that typically come up as a result if acting for the purchaser, including: What is the acquisition structure?  What is the financing going to be?  Antje Sudmeyer provided the insight from the German perspective, focusing on issues that would be of particular importance.  This facilitated a discussion of the questions of the implications for various jurisdictions.  For a full recording of the session, please contact the ILN Administration. 

 

Once the discussion was finished, there was no additional business so the meeting was adjourned. 

 

Corporate Group – Ballroom Section II/III – Ms. Natalie von Rom

 

Natalie von Rom chaired the Corporate Group. If you would like to receive more information on this presentation and breakout session, please contact the ILN Administration for a transcript.

 

International Dispute Resolution Group – Konferenzraum 1 – Mr. Peter Altieri

 

In attendance:


Peter Altieri, Epstein Becker & Green, P.C.

Armenak Utudjian, Braunegg Hoffmann & Partner

Carlos Galvan-Duque, Martinez, Algaba, Estrella, de Haro y Galvan-Duque, S.C.

Carlos Nehring, Nehring e Associados

Dario Nikolic, Schmidt, Jaton & Associes

Jane Marsden, Memery Crystal

Dominique Grisay, Vanden Eynde & Partners

Kenneth Kelly, Epstein Becker & Green, P.C.

Staffan Michelson, Hellstrom & Partners

Simon Ekins, Fladgate Fielder

Sabine Mohr-Egger, Law Office Gstˆhl & Partner

Jeffrey Lewis, Epstein Becker & Green, P.C.

Tim Meng, Lehman, Lee & Xu

Attilio Ferrari, Corrado, Ferrari, Mainieri, Pedeferri & soci Law Firm

Jean-Yves Schmidhauser, Schmidt, Jaton & Associes

Sueli Fonseca, Nehring e Associados

Dmitry Dyakin, Legas Legal Solutions

Sergei Airapetov, Legas Legal Solutions

Donal Creaton, Holmes OíMalley Sexton


 

An overview of the Groupís objectives was discussed.  The success of any practice group depends upon the active participation by lawyers in each member firm.  Our Group will attempt to focus on litigation-oriented issues such as arbitration, documentary evidence, court proceedings, enforcement of judgments and provisional remedies.  This could also extend to issues of concern to corporate lawyers, such as the content of arbitration provisions and the form of powers of attorney used in many countries to authorize a lawyer to act on behalf of a client.  While addressing topical matters, the purpose shall be to have various forums to enable as many lawyers as possible to participate in interactive exercises with the hope of developing further relationships within the member firms.

 

The first such exercise was the questionnaire distributed to member firms.  It was determined that each firm will endeavor to submit answers to the questionnaires as soon as possible.  In addition to publishing on the website, some participants thought it would be a good idea to assemble them in hard copy as well.  Everyone was encourages to provide to Alan Griffiths the name of a contact person for the Group and the names of all lawyers in the firm who may wish to participate.  The firms who have designated participants were identified and those not mentioned were encouraged to submit the information to Alan and Peter so they can be added to the lists created by Alan.  The Group email address is international@iln.com.

 

Each member in attendance spoke for a few minutes on what they hoped to accomplish by participating in the Group and they expressed their ideas on how the Group could be helpful to them.  For instance, Ken Kelly gave an example from an arbitration matter he was handling in New York where there was a need to obtain testamentary evidence and discovery from non-parties located in the U.K.  The liberal United States discovery procedures were being used through the High Court in London to obtain specific information from non-parties.  The Group was told that U.S. courts would be receptive to allowing extensive discovery of parties and non-parties located in the U.S. in aid of a foreign proceeding even where those procedures may not be available in the local forum.

 

The Group also discussed populating its knowledge bank on the website with pertinent articles written by members, new statutory or case law developments and other information which would highlight and distinguish an individual memberís expertise.  It was agreed that upon posting new matters to the site, Alan should send out a flash email to all participants designated for the Group alerting them to the available new information.  Peter promised to complete the minutes promptly and to distribute them electronically through this methodology as a ìtestî run for our members.  This email group could be used by all for such purposes as identifying members who may know certain arbitrators or judges, who may suggest arbitrators with pertinent experience or who may have individual expertise or familiarity with a particular issue and who may be able to provide assistance in a particular matter.

 

Several members expressed their view that it would be helpful to identify goals and objectives for the Group to keep its member focused and productive.  While we are still in an organizational phase, it was emphasized that the overall purpose of the Group was to present a forum for ILN members to develop stronger relationships through interacting within the context of the specialty Group.  Once such organizational matters were ironed out and the communications methodologies in place it was felt that we could look to more substantive presentations at future meetings.  In the meantime, all members were invited to make submissions of substance to the knowledge base on the website and to keep Alan and Peter informed of any idea they may have for the Group.  All such information was welcomed. 

 

Closing Remarks

 

Marc Udink gave the closing remarks to the assembled delegates.  He thanked everyone for coming to Berlin, and especially thanked Marga for all of her hard work in organizing the conference.  Marc then said he looked forward to seeing everyone at next yearís Annual Meeting in New York, and adjourned the meeting.   

 

Gala Evening

 

Delegates and companions were treated to an unforgettable evening ìin the moviesî at one of the oldest landmarks in German movie history – Filmpark Babelsberg.  The Gala Evening began with the red carpet debut of our guests as they walked into Caligary Hall for a cocktail with their ILN colleagues and a look into the secrets behind movie magic.  After being seated for dinner, the group had a special welcome from the most famous international movie star of Germanyís past – Marlene Dietrich, who wowed the crowd with many of her famous songs.  Following dinner, the Sonic Pearls performed, encouraging many ILN members to let loose on the full dance floor.  The exciting and glamorous dinner was certainly a magical way to wrap up the conference and remember Berlin by!


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Published by Alan Griffiths
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