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Litigation and Arbitration: Dispute Resolution Strategies in International Technology Business

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DESCRIPTION

International disputes present issues that are seldom faced in domestic commercial disputes. American technology companies growing their business abroad may be uniquely exposed to a variety of risks that require a disputes strategy tailored to the specific jurisdiction in question.

This program will address key issues in cross-border technology disputes, highlighting areas in-house counsel should monitor closely to minimize such risks and provide recommendations to ensure adequate preparation should litigation become necessary. These include choice of forum and issues of enforceability as well as the impact of discovery and privilege in jurisdictions around the world.

Educational Objectives:
• Understand best practices for resolving disputes in foreign jurisdictions.
• Find out about the most significant risks to consider when expanding your global footprint.
• Learn tips for avoiding common mistakes made by companies expanding into new jurisdictions.

Who would benefit most from attending this program?
Corporate counsel including both generalists and attorneys specializing in corporate maintenance or with international expansion responsibilities.

SPEAKERS

LOTHAR DETERMANN, PARTNER, BAKER & MCKENZIE LLP

As a partner in Baker & McKenzie’s Palo Alto, California office, Lothar Determann’s practice focuses on counseling companies on taking their products, data, intellectual property and contracts international as well as related commercial and compliance matters. Dr. Determann has been a member of the Association of German Public Law Professors since 1999, and he teaches data privacy law, computer law and internet law at the University of California, Berkeley School of Law (Boalt Hall), Hastings College of the Law, Freie Universität Berlin, and Stanford Law School. He frequently presents on international and intellectual property law topics and has authored more than 80 articles and treatise contributions as well as four books, including Determann’s Field Guide to International Data Privacy Law Compliance.

Dr. Determann is admitted to practice in Germany and California. He is recognized as one of the top 10 copyright attorneys in California by the San Francisco Daily Journal and as one of the top 25 intellectual property attorneys in California by the Los Angeles Daily Journal; listed in the World’s 250 Leading Patent and Technology Licensing Practitioners by the Intellectual Asset Management (IAM) Magazine; and ranked as a leading lawyer in Chambers USA, Legal 500 USA and California Super Lawyers.


TOD L. GAMLEN, SENIOR COUNSEL, BAKER & MCKENZIE

Tod Gamlen is Senior Counsel to Baker & McKenzie. He has practiced business and technology litigation for more than 20 years and is highly experienced in all phases of litigation. He has acted as lead counsel in several key cases involving intellectual property and international law. Mr. Gamlen is head of the eDiscovery compliance efforts of the North America Litigation Practice Group and is a member of the North America Pro Bono Appellate Practice Program.

Mr. Gamlen represents industry clients on cases regarding dispute resolution, particularly for failed business combinations, fiduciary duties, shareholder disputes, copyright and trademark issues, unfair competition and unfair business practices. He is seasoned in various phases of litigation, including discovery, trials and appeals in federal and state courts, as well as arbitration and other forms of alternative dispute resolution. Mr. Gamlen also headed various precedent-setting cases in the areas of intellectual property and international law.

Mr. Gamlen is a graduate of the Georgetown University Law Center and Stanford University. He is admitted to practice in California as well as before the U.S. Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. District Courts for the Central, Southern, Eastern, and Northern Districts of California; and the U.S. Court of Appeals for the Ninth Circuit.


GRANT HANESSIAN, PARTNER, BAKER & MCKENZIE LLP

Grant Hanessian, a partner with Baker & McKenzie, serves as co-chair of the firm’s International Arbitration Group in New York. He formerly chaired the Litigation Department. Mr. Hanessian is vice chairman of the Arbitration Committee of the U.S. Council for International Business (USCIB), the U.S. national committee of the International Chamber of Commerce (ICC), and a member of the ICC’s Commission on Arbitration and its Task Force on Arbitration Involving States or State Entities, the American Arbitration Association-International Centre for Dispute Resolution’s International Advisory Committee and Advisory Committee on Brazil, the New York State Bar Association Task Force on International Arbitration, the International Arbitration Club of New York, the Arbitration Committee of the International Institute for Conflict Prevention and Resolution, the New York City Bar Association's International Law Committee and Club Español del Arbitraje, and is a founding board member of the New York International Arbitration Center.

Mr. Hanessian earned an LL.M. from Columbia University, a J.D. from New York University, and a B.A. from the University of Pennsylvania. He is admitted to practice in New York.


COLIN H. MURRAY, PARTNER, BAKER & MCKENZIE LLP

Colin Murray is a partner in the San Francisco office of Baker & McKenzie and chairs its Northern California Litigation Practice Group. He has tried more than fifty cases to final jury verdict and has handled numerous bench trials and arbitration proceedings to resolve complex business disputes for global and local clients. As a former prosecutor, Mr. Murray regularly conducts internal investigations on behalf of special committees and defends SEC and state agency enforcement actions. He served as a San Diego Deputy District Attorney and as a judicial law clerk for the district and superior courts of the District of Columbia. His current practice is focused on business litigation and arbitration, specifically cross-border proceedings.

Mr. Murray earned a J.D. from Georgetown University Law Center and an A.B. from Georgetown University. He is admitted to practice in the District of Columbia, Illinois and California.

 


DAVID ZASLOWSKY, PARTNER, BAKER & MCKENZIE LLP

David Zaslowsky is a partner in Baker & McKenzie’s New York office, where he practices in the area of general commercial litigation and arbitration. He has worked on many cases involving issues of international litigation and arbitration, including matters related to the Foreign Sovereign Immunities Act, enforcement of foreign arbitral awards, Alien Tort Claims Act, forum non conveniens, obtaining discovery in aid of foreign proceedings under 28 U.S.C. § 1782 and foreign attachments. Mr. Zaslowsky has been included in the Chambers USA Guide 2008, 2009 and 2010 rankings for his accomplishments in the field of international arbitration.

Mr. Zaslowsky has appeared in various Federal and State courts—trial and appellate— throughout the country. He has also participated in arbitrations, both inside and outside the United States, under the rules of various arbitral institutions including the American Arbitration Association, International Chamber of Commerce, Iran-United States Claims Tribunal, the International Centre for Dispute Resolution and NASD as well as ad hoc arbitrations. Mr. Zaslowsky is also on the panel of international arbitrators of the International Centre for Dispute Resolution.

Mr. Zaslowsky earned a J.D. from Yale Law School and a B.S., summa cum laude, from Brooklyn College. He is admitted to practice in New York and New Jersey as well as before the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of Appeals for the Second Circuit; the U.S. District Court for the District of New Jersey; the U.S. District Court for the Eastern District of New York and the U.S. District Court for the Southern District of New York.