***Please note: This meeting has been postponed.  At this time, a new date has not been set. 

Please contact Jamie Bartula (jbartula@lexmundi.com or 713.335.0125) if you have any questions. 

Litigation in Europe: A Survival Guide for US Lawyers

2010 Litigation, Arbitration and Dispute Resolution Meeting Co-Organized with the ACC Litigation Committee

Location: Miami, Florida

Hosted by: Akerman Senterfitt

Date: March 4-5, 2010

Printable Agenda     Hotel Information       Printable Registration Form  

Agenda

THURSDAY, MARCH 4
8:45 am - 9:00 am	Registration and Networking Breakfast
9:00 am – 9:30 am	Welcome and Self Introductions
11:00 am - 1:00 pm	The Growing Intersection of Litigation, Investigations and European Privacy Laws Panelists: Wally Dietz of Bass, Berry & Sims PLC (Lex Mundi member firm for Tennessee) Other panelists to be confirmed.
	Many US based corporate counsel are faced with a dilemma in the areas of litigation and internal investigations where the need of the company to obtain and analyze accurate information conflicts with privacy protections in Europe that go far beyond what counsel face when dealing only with the laws of the United States. We will address this topic from two distinct areas: (1) internal investigations with a special focus on corruption and white collar criminal issues due to the significant increase in enforcement actions in both the U.S. and Europe; and (2) civil litigation, especially involving e-discovery. Panel members will briefly address substantive corruption law issues then move quickly to a discussion of how to conduct an investigation in multiple jurisdictions without running afoul of privacy standards. Speakers will then focus on civil litigation and walk participants through the EU specific privacy issues, address what counsel needs to be aware of, and conclude with a discussion of best practices. Panelist will include one or more speakers experienced with the impact of EU privacy standards and how those privacy standards are applied in a few of the more important jurisdictions. Clear distinctions will be drawn between what is acceptable in the US versus what is permitted in the EU.
10:50 am – 11:10 am	Break
11:10 am – 12:30 pm	The Growing Intersection of Litigation, Investigations and European Privacy Laws Continued
12:30 pm – 2:00 pm	Networking Lunch
2:00 pm – 3:20 pm	Litigation of Distribution, Commercial Agency and Franchise Agreements in Europe:  What is the price of termination? Panelists: Jennifer Schwesig of Armstrong Teasdale LLP (Lex Mundi member firm for Missouri) Ernst Wessel, Vice President, International Business Law & Franchise Development for Office Depot
	Many U.S. companies use international franchise or distribution relationships in Europe as the primary means to introduce their products overseas and avoid a costly foreign direct investment. While at the outset these relationships may seem like an ideal way to integrate products or services into European markets, down the road, it can lead to costly litigation in European courts with the potential for significant damage awards or, in the case of a franchise relationship, voiding or rescinding the agreement. Unlike in the U.S., oral or written communications between the exporter and the foreign distributor or franchisee may be used in foreign courts as evidence of an exclusive appointment or other parole evidence, despite the written agreement's lack of any provisions regarding the same resulting in an increase in potential damage claims. Damages actions are available in various European national courts, based on wrongful or improper prior notice, breach, presumed or actual exclusivity, as well as for violations of competition laws, among many other actions. Threats to terminate may precede actual termination and at that stage a distributor or franchisee may seek to pre-empt the inevitable with an injunctive or declaratory action. Equally, they may threaten to complain to the European Commission or a national competition authority.  This session will various address actions available in European courts as well as judgments for damages related to terminating distributor or franchise relationships.
3:20 pm – 3:50 pm	Break
3:50 pm – 5:20 pm	CLASS ACTIONS: are they coming to Europe and will it be as good (or as bad) as in the USA?   Panelists: Michael Molitoris of Noerr LLP (Lex Mundi member firm for Germany) Lisa Rickard, President, US Chamber of Commerce’s Institute For Legal Reform
	Fifteen years ago, class actions were virtually unknown in Europe and shunned as a typical example of American excess and litigation frenzy, unworthy of the European view on due process or good justice.   As the U.S. legislative and judiciary branches worked towards clarifying the rules and working of class actions, so many European States have adopted laws that allow representative actions in securities litigation, consumer litigation and other matters.  The European Commission has been working on a draft harmonized law allowing class actions in the EU member States.  Against much opposition from the industry, class actions seem to be making their way, slowly, into the European legal culture.  Should U.S. corporate counsels be concerned about these developments?  Is there anything U.S. corporate counsel should do and can do to influence these developments?  What rules (will) apply?  What constraints will be imposed on class actions in Europe?  Will US class action judgments be enforceable in Europe?  A panel of speakers from Europe (mainly from countries where class action laws are already in existence) and the USA will discuss existing and future laws regarding class actions and how this will affect litigation in Europe and/or the United States.
3:20 pm – 3:50 pm	Dinner Cruise
	Join your Lex Mundi colleagues and Association of Corporate Counsel Members for a dinner cruise aboard the Carrousel Yacht and enjoy a gourmet dinner while we cruise Biscayne Bay in style. *Transportation will be provided to the boat dock and the cruise is included in the registration fee.
FRIDAY, MARCH 5
8:30 am – 9:30 am	Networking Breakfast
9:30 am – 11:00 am	Litigation in Europe 101    What you  need to know about: • Where to sue and (not to) be sued • Are jurisdiction clauses enforceable?  The effects of the new Hague Convention on Choice of Court Agreements • Attorney/Client Privilege   Panelists: Joe Sepulchre of Liedekerke Wolters Waelbroeck Kirkpatrick (Lex Mundi member firm for Belgium) Other panelists to be confirmed.
	Deciding on the place to hear contractual disputes and deciding on where to launch litigation are crucial and often underestimated questions facing US companies engaged in business with Europe.  What factors should be considered when selecting the court that will hear a dispute?  How effective is a choice of court agreement? In the first part, the panel will discuss the various issues that must be investigated before choosing the court that will hear a dispute: reliability, speed, cost, willingness to accept foreign law and respect of party autonomy, procedural rules and methods of evidence, remedies and enforceability of the judgment. In the second part, speakers and the panel will explain and discuss the rules and likely effect on commercial litigation of the Hague Convention on Choice of Court Agreements, adopted on June 30th 2005 and recently signed by the Governments of Mexico and the United States and by the European Commission on behalf of the EU member States.  Ratification is expected to follow in one or a maximum of two years.  Will this convention constitute a major revolution in international litigation?  Will it achieve its ambition, i.e. to do to litigation what the New-York arbitration Convention has done for arbitration?   Should lawyers take it into account now when drafting choice of court agreements?
11:00 am – 11:30 am	How to Control Costs When Litigating in Europe Panelists: Jim Miller of Akerman Senterfitt (Lex Mundi member firm for Florida) Other panelists to be confirmed.
	The top priority of all US corporate counsel is controlling costs.  This is difficult enough when dealing with familiar areas such as litigation in local courts with U.S. lawyers.  But what can a U.S. corporate counsel do when faced with litigation in Europe?  What is the smart way to engage counsel in Europe?  What is the best way to work with counsel in Europe in order to control costs?  This program should provide practical information on what U.S. corporate counsel need to know about engaging and managing European counsel and controlling litigation costs in Europe.  At present, a mixed panel with European lawyers and U.S. corporate counsel and U.S. outside counsel is considered.
12:30 pm – 1:30 pm	Networking Lunch
1:30 pm – 3:30 pm	Practice Group Business Development
7:00 pm – 10:00 pm	Practice Group Dinner at OLA
	Internationally acclaimed Latin Chef, Douglas Rodriguez, has brought the essential flavors of Latin America to OLA Restaurant in Miami Beach, FL. OLA Restaurant is located in the cool comfort of the Sanctuary Hotel, steps away from Lincoln Road and South Beach’s luxury resorts & hotels. Rooftop dining is available for private parties and large groups. *Transportation will be provided to the restaurant and the meal is included in the registration fee.