Transatlantic Law Forum: The Business of Law
Cosponsored by the Council on Public Policy
About This Event

Please note this event will take place at the Bucerius Law School in Hamburg, Germany.

Business litigation in national and international courts is a business, and it is increasingly international. The judicial decisions and doctrines that govern the field are the subject of torrents of law review articles. But we Listen to Audio


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know much less about the institutional aspects of business litigation--the organization of international courts and the strategies, incentives, and organization of corporate interests and their lawyers. How and to what extent do those interests attempt to shape the legal environment, and with what results? How do private corporate litigants fare in European and American courts--and what should we expect for future business litigation?

The Transatlantic Law Forum, a project of the American Enterprise Institute and the Council on Public Policy, will host a transatlantic conference to examine the international "business of law." Leading scholars, practitioners, and judges from Europe and the United States will discuss the political, economic, and legal dimensions of international commercial litigation. Panel topics include the organization of the professional bar; the pattern of private litigation in a variety of venues; and the strategic choice of law and legal forums, including arbitration.

Please note the cost of this conference is $100.00.
To register for the dinner on September 3rd please click
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To register for the dinner on September 4th please click
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For additional information please contact Luci Hague at luci.hague@aei.org.

Agenda

Thursday, September 3

By all accounts, litigation in the European courts is dominated by business interests (alongside governments and EU institutions). But we know remarkably little about the pattern and the organization and dynamics of corporate litigants. Who litigates what, why, and to what effect? Is litigation strategic, or largely opportunistic? How do litigants navigate the interplay between national and EU courts? Panelists will discuss these questions in the context of litigation over the "four freedoms," infringement proceedings, and the increasingly salient domain of European administrative law.
Numerous scholars and journalists have observed a decidedly "probusiness" shift under the Roberts Court. Is that perceived trend real? If so, what accounts for it--personnel changes on the Court? Greater sophistication and coordination on the part of corporate litigants? What are the prospects for a "probusiness" Court in an era of populist politics?
The law of individual states or nation-states can serve both as a "product" (as when firms freely choose their state of incorporation) and as a barrier to commerce and firm integration (as when conflicting state laws balkanize markets). What are the most salient current developments in the law "markets" in the United States and the EU? How have corporations shaped and adjusted to the changing environment in such domains as corporate law, bankruptcy law, and consumer protection?

Friday, September 4

The organization of the bar is an important screen between corporate litigants and high courts. How has the organization of the professional bar changed over the decades, especially in the wake of European integration?
Both in the EU and in the United States, governments (represented by the European Commission and the solicitor general, respectively) win over 80 percent of their cases. What are the role and the influence of the government's advocate? Is government participation actually a factor--or are those agencies simply good at predicting outcomes and at acting, in effect, as the tenth or twenty-eighth justice? Either way, the agencies' stupendous success rate should make them a prime lobbying target for prospective litigants. How intensive and successful are those efforts, and what forms do they take?
Antitrust (or competition) law has been a focal point of transatlantic controversy. How have the different approaches--a very heavy emphasis on economics in the United States and competition law as a means of political integration in Europe--shaped the conduct and organization of private enterprises?
Economic actors in international commerce have considerable leeway in choosing their law and legal forum and very frequently elect to resolve their disputes by international arbitration, rather than in national courts. What drives these choices--preferences for substantive law? Desire for commercial expertise? Concerns over the forums' neutrality and political independence? Concerns regarding particular courts or arbitration bodies? Apprehensions about remedies? Panelists will discuss the choice between international arbitration and litigation, emerging patterns of international arbitration and litigation, and countries' efforts to "domesticate" international commercial disputes.
Event Contact Information
Luci Hague
American Enterprise Institute
1150 Seventeenth Street, N.W.
Washington, DC 20036
Phone: 202-862-5932
Media Contact Information
Veronique Rodman
American Enterprise Institute
1150 Seventeenth Street, N.W.
Washington, DC 20036
Phone: 202-862-4870
Speaker biographies


Markus Baumanns is the Executive Vice President of the ZEIT-Stiftung Ebelin und Gerd Bucerius. He is responsible for the initiatives of the Foundation in the field of Science and Education as well as projects in the United States and Asia.   Mr. Baumanns is also a frequent speaker in Germany and abroad on issues including renewable energies and climate change, the reform of German and European public higher education, the internationalization of the legal education situation of German foundations and philanthropy, as well as recent political and legal development in China.
 
Georg M. Berrisch is an attorney at Covington & Burling in Brussels. Mr. Berrisch's practice concentrates on litigation before the European Court of Justice and the European Court of First Instance where he has represented both public and private sector clients. In addition, Mr. Berrisch advises clients on a wide range of European Union related matters and represents them in proceedings before the European Commission and national authorities. He is also active in assisting clients on issues arising in the World Trade Organization.

Kurt Biedenkopf was the first Prime Minister wiederentstandenen in the Free State of Saxony after the reunification of Germany.  He now works as an attorney, speaker, author, researcher and consultant.  Mr. Biedenkopf speaks at conferences, conventions, association meetings of industry, commerce and institutions, where he speaks on issues of economy and society, politics and education, culture and current events.

François-Henri Briard is an attorney before the Supreme Courts of France with the law firm Briard, Delaporte et Trichet, chairman of the Paris chapter of the Federalist Society, and president of the Vergennes Society, which he cofounded with U.S. Supreme Court Justice Antonin Scalia. Mr. Briard is an auditor at the French National Institute for Defense High Studies. He has written many lectures and contributions dealing with the friendship between the United States and France.

G. Marcus Cole is a professor at Stanford Law School.  A scholar of the law of bankruptcy, corporate reorganization, and venture capital, Mr. Cole takes an empirical law and economics approach to research questions such as why corporate bankruptcies increasingly are adjudicated in Delaware, and what drives the financial structure of companies backed by venture capital. He has scholarly interests that range from classical liberal political theory to natural law and the history of commercial law.

Robin S. Conrad is the executive vice president of the National Chamber Litigation Center at the United States Chamber of Commerce where she has played a critical role as a litigation strategist in developing the law of punitive damages in the Supreme Court and in lower courts throughout the country.  She also helps shape the law through interaction with the media and is frequently quoted in the press on important business cases.

Götz Drauz is a partner at Howrey in Brussels. Prior to joining Howrey, Mr. Drauz served for 25 years at the European Commission, most recently, as the Deputy Director-General in DG Competition with particular responsibility for mergers.  In addition to his most recent role as Deputy Director-General, Mr. Drauz has served in various other roles at the European Commission, including Director of the Merger Task Force in DG Competition, Assistant to the Director General of DG Competition and Coordinator for distribution and franchising cases in Directorate for Competition Policy and Coordination.

Horst Eidenmuller is a professor of civil law, German, and European and international corporate law at Wissenschaftskolleg Berlin.  His numerous scholarly publications include "The Common Frame of Reference for European Private Law Policy Choices and Codification Problems" (28 Oxford Journal of Legal Studies 659 (2008)), "Trading in Times of Crisis: Formal Insolvency Proceedings, Workouts and the Incentives for Shareholders/Managers" (7 European Business Law Review 45 (2006)), and "Free Choice in International Company Insolvency Law in Europe" (6 European Business Law Review 423 (2005)).

Cornelius Fischer-Zernin is a senior partner at Allen & Overy LLP in Hamburg.  He has in-depth and extensive experience in the energy industry and in the practice areas of real estate, mergers and acquisitions and general corporate law. In these areas, Mr. Fischer-Zernin acts as a litigator before ordinary German courts and in arbitration.  He has also assisted clients in the planning, procurement, construction and setting-up of power plant projects, in energy industry related M&A transactions and in a large number of real estate acquisitions.

Robert R. Gasaway is a partner at Kirkland & Ellis LLP. He has represented and advised corporate clients on a wide variety of matters before federal courts, state courts, federal administrative agencies, and federal and state legislative bodies. Mr. Gasaway focuses his practice on appellate litigation, representing clients in the preparation of integrated, multiforum trial, and appellate strategies in high risk sets of related cases.

Tracy K. Genesen is a partner at Kirkland and Ellis LLP.  She directs a variety of complex multi-district federal court litigation focusing primarily on constitutional challenges to state alcohol regulatory statutes.  Ms. Genesen provides legal guidance to wine industry trade associations and serves as the national spokesperson on the legal and public policy aspects of direct shipping of wine to consumers.  She has provided strategic and substantive advice to legal team and wine industry trade associations on direct shipping lawsuits.

Damien Geradin s a partner in Howrey's Brussels office. Mr. Geradin has enjoyed a distinguished academic career in antitrust and competition law and extensive experience on the interface between competition and intellectual property, as well as the regulation of network industries. He is a Professor of Law at the Tilburg Law and Economics Center and the College of Europe in Bruges with both instruction and research in the areas of antitrust, network industries and economic regulation in general. Mr. Geradin is also Director of the Global Competition Law Centre (GCLC), a think tank devoted to analytical research in the area of competition law, which is based at the College of Europe in Bruges. He advises firms, governments and regulatory agencies in a range of industries, including telecommunications, postal services, energy and transport. He has also developed specific expertise in the area of standardisation and IP licensing. Over the years, he has held visiting professorships at leading US law schools including Columbia, Harvard and Yale. He is the co-editor of the Journal of Competition Law and Economics (Oxford University Press).

Thomas C. Goldstein is a partner at Akin Gump Strauss Hauer & Feld.  Mr. Goldstein has argued 21 cases before the Supreme Court, including matters involving federal patent law, class action practice, labor and employment, and disability law. In addition to practicing law, Mr. Goldstein teaches Supreme Court litigation at Stanford Law School and Harvard Law School.  Before joining Akin Gump, Mr. Goldstein was a partner at Goldstein & Howe, the firm he founded in 1999.

C. Boyden Gray is the former Special Envoy for European Union Affairs where he also served as Special Envoy for Eurasian Energy.  Prior to his appointment as Special Envoy, Mr. Gray served as U.S. Representative to the European Union in Brussels.  He was previously the White House Counsel in the administration of President George H.W. Bush and earlier served as Legal Counsel to Vice President Bush.   Mr. Gray also served as counsel to the Presidential Task Force on Regulatory Relief during the Reagan Administration. Mr. Gray was also partner in the Wilmer, Cutler, Pickering, Hale and Dorr LLP where he focused his practice on a range of regulatory matters, with emphasis on environment, energy, antitrust, public health, and information technology.

Michael S. Greve is the John G. Searle Scholar at AEI. His research and writing cover constitutional law, federalism, and business regulation. Mr. Greve cofounded and, from 1989 to 2000, directed the Center for Individual Rights, a public interest law firm that served as counsel in many precedent-setting constitutional cases, including United States v. Morrison and Rosenberger v. University of Virginia. He also serves on the board of directors of the Competitive Enterprise Institute. His publications include numerous law review articles and books, including The Demise of Environmentalism in American Law (AEI Press, 1996) and Real Federalism: Why It Matters, How It Could Happen (AEI Press, 1999.) Mr. Greve is the coeditor, with Fred L. Smith, of Environmental Politics: Public Costs, Private Rewards (Praeger, 1992) and, with Richard A. Epstein, of Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (AEI Press, 2004) and Federal Preemption: States' Powers, National Interests (AEI Press, 2007).

Christopher Harding is a reader in law at the University of Wales, Aberystwyth.  He studied law at the Universities of Oxford and Exeter.  He has authored numerous books and articles in the field of criminal justice, European law, penal theory, and penal history.  His most recent work concerns a study of antitrust investigations and sanctions in the European Community.

Inka Hanefeld is a partner at Friedrich Korch Hanefeld in Hamburg, Germany.  She was previously a partner at Partner at Renzenbrink Raschke von Knobelsdorff Heiser, Hamburg, as well as Freshfields Bruckhaus Deringer, Hamburg.  In 1999, she earned a Master of Laws in International Legal Studies (LL.M.) from New York University School of Law.  She focuses her practice on litigation, arbitration, mediation, arbitrator appointments, international trade, industrial plant and machine building, and contract law.  She has been involved in domestic and cross-border litigation for clients mainly from the industrial manufacturing and trade industry, in particular in finance, collateral securities, and post M&A disputes.  She was named as one of the "Leading Individuals" for "Germany Dispute Resolution: Arbitration & Mediation" in Chambers Global 2008 Client's Guide.  She is a member of the German Institute of Arbitration, the German-American Lawyers' Association, the German Maritime Arbitration Association, and the Hamburg Arbitration Circle.

Hilary Heilbron is a barrister and Queen's Counsel practicing from Brick Court Chambers, London. She has extensive experience as counsel in international arbitration and commercial litigation. She also sits regularly as an arbitrator. She is a Deputy High Court Judge and an accredited mediator. She has spoken and written extensively on international arbitration and cross-border litigation and is the author of "A Practical Guide to International Arbitration in London" and the chapter on Damages in the Second Edition of "The Leading Arbitrators' Guide to International Arbitration". She is a former Chair of the City Disputes Panel; former Vice Chair of the IBA International Litigation Committee; a former Chair of the London Common Law and Commercial Bar Association and of the International Practice Committee of the Bar Council of England and Wales and a former member of the CEDR Advisory Panel and the Civil Justice Council. She is a member of the New South Wales Bar Association and currently a Vice-Chair of the Litigation Committee of the International Law Section of the ABA.

Paul Kreijger is counsel in the Antitrust, Competition and Trade practice group and the Dispute Resolution group of the firm's Amsterdam office. Paul specialises in EU and competition law, regulatory matters, administrative law, energy, public procurement and commercial litigation.
Paul has advised and represented a wide range of clients in various sectors, including energy, communications, consumer goods, finance and pharmaceuticals and has broad commercial and regulatory litigation experience. He completed post-doctoral specialisation courses on general administrative law and competition law and regularly publishes articles on subjects in his fields of expertise. Prior to joining Freshfields he was active in Dutch Supreme Court litigation and was stationed in Brussels for several years where he practiced general EU law and competition law. Paul studied at the University of Amsterdam and was admitted to the bar in 1997. He speaks Dutch, English and German and has working knowledge of French.

Clifford Larsen graduated from Tulane University in 1980.  During his studies at Tulane University School of Law, he was chosen for a Cecil Rhodes Scholarship for three years of study at Oxford University.  After completing his Master's Degree there, Professor Larsen completed his law studies at the University of Virginia. After graduation and becoming a member of both the New York and Louisiana bars, his interest in international and comparative law led him to practice at the New York office of White & Case. In 1991, he moved to S.G. Archibald, a long-established Paris firm. During his work in Paris, he was admitted to French practice as avocat à la cour de Paris. He also began teaching part-time, both in summer programs for U.S. law schools and at the Université de Paris X (Nanterre). In 1993, Mr. Larsen received an offer of a professorship from Washington & Lee University. In his 13 years there, he published a number of articles, in German and English, primarily in the areas of arbitration and comparative law, became a full professor, and was named Director of International Legal Studies Programs. He started exchange programs with four foreign universities (including Bucerius Law School) and was founding director of the school's LL.M. program. As well as teaching in Mexico and frequently in Cologne for the University of California, he was a Fulbright Senior Scholar and Commerzbank Visiting Professor of Law at the Bucerius Law School, during which time he taught in English in the International Program and in German in the LL.B. curriculum.  Since 2006, Mr. Larsen has been UBS Professor of Law at the Bucerius Law School and the new Dean for the Master of Law and Business program. He is responsible for the legal curriculum of the Master's Program.

Leonard Leo is the Executive Vice President of The Federalist Society for Law & Public Policy Studies, an organization of conservatives and libertarians dedicated to traditional legal principles and interested in the current state of the legal order.  He also directs the Federalist Society's government and media relations and its ABA WATCH project.  An active participant in the affairs of the bar, Mr. Leo is an officer of the American Bar Association's Section of Administrative Law. He also is co-editor of the book Presidential Leadership: Rating the Best and the Worst in the White House (Simon & Schuster, 2004).

Friedrich Merz is on Mayer Brown's Partnership Board and concentrates his practice on corporate matters, including mergers and acquisitions, banking and finance and compliance.  He also has significant political experience serving as a member of the European Parliament, as a member of the German Bundestag, as Deputy Chairman of the CDU/CSU Parliamentary Group, and as Chairman of the CDU/CSU-Parliamentary Group and Minority Leader in the House.  Mr. Friedrich also has been a partner with two national law firms in Cologne and at the German Association of Chemical Industry in Frankfurt/Bonn.  He has also served as a judge in the Local Court in Saarbrücken.

Richard Parker is a partner at O'Melveny & Myers LLP and Co-Chair of the Antitrust/Competition Practice.  He has extensive experience in antitrust matters both before the enforcement agencies and in the courts.  Mr. Parker also worked for three years at the Federal Trade Commission.  He has been involved in numerous major antitrust representations, including criminal, merger, and government civil investigations, and treble damage, including class action litigation.

Tanja V. Pfitzner is a principal associate since at Freshfields where she is a member of the dispute resolution practice group and specializes in domestic and international litigation as well as arbitration with a primary focus on financial services litigation and corporate disputes. Ms. Pftizner has advised German and international companies of various industries in the resolution of large-scale commercial disputes before state courts and international tribunals.

Jeremy A. Rabkin
is a professor at George Mason University School of Law.  Professor Rabkin is a renowned scholar in international law and was recently confirmed by the U.S. Senate as a member of the Board of Directors of the United States Institute of Peace. In addition to international law, Professor Rabkin has a particular interest in national security law and early constitutional history.  His full-length books include Law Without Nations? (Princeton University Press, 2005), The Case for Sovereignty (AEI Press, 2004), Why Sovereignty Matters (AEI Press, 1998), Judicial Compulsions, How Public Law Distorts Public Policy (Basic Books, 1989). He also co-edited The Fettered Presidency, Legal Limitations and the Conditions of Responsible Policymaking (AEI Press 1989) with L. Gordon Crovitz.

Peter B. Rutledge is an associate professor at the University of Georgia School of Law, and his teaching and research interests include international dispute resolution, arbitration, international business transactions and the Supreme Court.  He is also co-author with Gary Born of the book International Civil Litigation in the United States (Aspen Publishers, 2007).   In addition to his academic and legal work, Rutledge regularly comments on public policy matters. Mr. Rutledge has testified on several occasions before Congress, has regularly spoken to broadcast and print media and has given speeches around the country on matters such as international dispute resolution, arbitration and the Supreme Court.

Nathan Sales is Assistant Professor of Law at the George Mason University School of Law. He teaches National Security Law and Administrative Law.  Before coming to George Mason, Sales was Deputy Assistant Secretary for Policy Development at the U.S. Department of Homeland Security. He previously served as Counsel, then Senior Counsel, in the Office of Legal Policy at the U.S. Department of Justice. In 2002, he received the Attorney General's Award for Exceptional Service, the Justice Department's highest honor, for his role in drafting the USA PATRIOT Act.  Professor Sales was graduated from Duke Law School magna cum laude, where he joined the Order of the Coif and was Research Editor of the Duke Law Journal. He clerked for the Honorable David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit. From 2003 through 2005, he practiced at the Washington, D.C. law firm of Wiley Rein & Fielding. He was John M. Olin Fellow at the Georgetown University Law Center in 2005 and 2006.  An Ohio native, Sales is a member of the Virginia and District of Columbia bars.

Kenneth W. Starr is dean of the Pepperdine University School of Law, where he teaches current constitutional issues and civil procedure. Mr. Starr's areas of expertise are constitutional law, federal courts, federal jurisdiction, and antitrust. While in private practice, he was a partner at Kirkland & Ellis LLP and Gibson, Dunn & Crutcher. In addition to working in the private sector, he has served as counselor to Attorney General William French Smith; judge for the U.S. Court of Appeals, D.C. Circuit; solicitor general of the United States; and independent counsel on the Whitewater matter. As solicitor general, he argued twenty-five cases before the U.S. Supreme Court. Mr. Starr is a member of numerous professional organizations and boards, including the American Law Institute, the Supreme Court Historical Society, and the American Inns of Court. He has authored many law review articles and his best-selling book is First Among Equals: The Supreme Court in American Life (Grand Central Publishing, 2003).

Alastair Sutton is a partner at White & Case where he concentrates on the law and policy of the European Union, international trade, and English public law including actions before the European and English courts involving European Union law.  His practice focuses on the European Union's economic and constitutional law, energy policy, environmental protection, agriculture, high-technology industries, automobiles, food, drink and tobacco, textiles, steel, and shipbuilding.

Georg von Segesser is one of the founding partners of Schellenberg Wittmer in Zurich. He is also on the panel of arbitrators of various arbitral institutions such as the International Chamber of Commerce, the Zurich Chamber of Commerce and the London Court of International Arbitration.  He is mainly active in the field of international and domestic arbitration as well as private client, trust and estate matters.

Christian von Sydow is a partner at McDermott Will & Emery Rechtsanwälte Steuerberater LLP. He is a member of the Corporate Department, where his practice focuses on capital markets, mergers and acquisitions and private equity.  He has advised a variety of foreign and German clients, including those in the energy, defence, publishing, technology, tourism, consumer electronics and retail industries, among others in their mergers and acquisitions activities acquiring targets in Germany.

Volker Triebel was admitted as a German lawyer (Rechtsanwalt) in 1972 and as an English Barrister in 1976 (from 2001 to 2008 as Solicitor). He understands and is able to apply the intricacies of the civil and common law systems. Over more than 30 years, he has gained experience in German and English commercial, company and arbitration law, both as a corporate and dispute resolution partner. He has led more than 100 corporate transactions and been involved in more than 120 arbitration cases, both as counsel and arbitrator, most of them with an international aspect. He is also experienced in disputes with Russian and CIS companies. He has been counsel and arbitrator in London Court of International Arbitration (LCIA), International Court of Arbitration of the International Chamber of Commerce (ICC), International Arbitration Centre of the Austrian Federal Economic Chamber, Stockholm Chamber of Commerce, German Institution of Arbitration (DIS) and ad hoc arbitrations. He was head of the German arbitration practice group of Lovells. In 2007 Chambers Global Guide Editorial described him as "an arbitration specialist of superlative intelligence." He is currently Of Counsel with Lovells.

Hariolf Wenzler is the CEO of Bucerius Law School.  Prior to this, Mr. Wenzler was the Managing Director of Hamburg Marketing GmbH and the Director of the Service Division at the Hamburg Chamber of Commerce.  Mr. Wenzler has also lectured on Accounting and Accounting Policy in the foundation courses at the Economic Department of the University of Hamburg and on European Economic Policy and Political Theory at the Albert-Ludwig University, Freiburg.

Diane P. Wood is a circuit judge on the U.S. Court of Appeals for the Seventh Circuit and a senior lecturer in law at the University of Chicago Law School. Perviously, she clerked for Judge Irving L. Goldberg on the U.S. Court of Appeals for the Fifth Circuit (1975-76), and for Justice Harry A. Blackmun of the U.S. Supreme Court (1976-77). Judge Wood spent a brief period at the Office of the Legal Adviser in the U.S. Department of State. In 1980, she began her career as a legal academic at Georgetown University Law Center. She moved to the University of Chicago Law School in 1981, serving as a full time professor until 1995 and as associate dean from 1989 through 1992. In 1990, she was named to the Harold J. and Marion F. Green Professorship in International Legal Studies, becoming the first woman to hold a named chair at the school. From 1993 until her appointment to the Seventh Circuit in 1995, she served as deputy assistant attorney general in the antitrust division of the U.S. Department of Justice. Judge Wood is a fellow of the American Academy of Arts & Sciences and is on the council of the American Law Institute.

Michael Zöller is a professor of political sociology at Bayreuth University, president of the American-European Council on Public Policy, and an adjunct professor of government at the Catholic University of America. Previously, he was a junior editor with Bayerischer Rundfunk and then with Frankfurter Allgemeine Zeitung. He serves on the board of the Mont Pelerin Society and received fellowships from Notre Dame University, the University of Chicago, Stanford University's Hoover Institution, the International Center of Economic Research, the Woodrow Wilson Center, and the University of Erfurt. He has published mainly on social thought including political economy, comparative public policy, sociology of religion, and the American polity.


Cosponsored by the Council on Public Policy
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