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The Metropolitan
Corporate Counsel
®
PECIAL SECTIO
S
HIGHLIGHTS
See also Canada Index, Page 55
Law Firms
International Trade And Energy
Stephen Mackin EVERSHEDS LLP Page
16
Legislative Update: Companies
Importing Goods Into the U.S. Will
Be Subject To New Reporting
Requirements In The Near Future
Robert B. Silverman GRUNFELD, DESIDERIO, LEBOWITZ, SILVERMAN & KLESTADT
LLP Page 17
Collective Redress Across The Pond
Interview: Matthew Shankland and
Lianne Craig WEIL, GOTSHAL &
MANGES LLP* Page 18
Litigation In China: Ten Things You
Must Know Steven C. Bennett JONES
DAY* Page 19
Proskauer Rose’s São Paulo Office:
Poised To Participate In Brazil’s, And
Latin America’s, Bright Future Interview: Antonio N. Piccirillo PROSKAUER
ROSE LLP* Page 20
New Economic Sanctions Enforcement Guidelines Issued By OFAC
Edward L. Rubinoff, Tamer A. Soliman
and Anne Heavey Scheinfeldt, AKIN
GUMP STRAUSS HAUER & FELD LLP*
Page 22
Reflecting Today’s Increased Globalization And Technology: Kelley Drye’s
Brussels Office Interview: André Van
Landuyt KELLEY DRYE & WARREN LLP*
Page 23
Is The U.S. Immigration System Broken? Interview: Matthew S. Dunn
KRAMER LEVIN NAFTALIS & FRANKEL
LLP* Page 24
The Investment Picture Across The
Pond Interview: Matthew Hudson
PROSKAUER ROSE LLP* Page 25
An Overview Of Legal Issues Facing
Insurers In China Helen Shen
DEACONS Page 26
Tensions Mount In The International
Trade Arena Interview: Kathleen Murphy, Karen Lobdell and Joan Koenig
DRINKER BIDDLE & REATH LLP Page 28
Data Detours In Internal Investigations In EU Countries: Part I Beryl A.
Howell and Laura S. Wertheimer STROZ
FRIEDBERG LLC AND WILMERHALE
Pages 30-31
The Wireless World: Ofcom Launches
Key Review Of Mobile Regulation As
Sector Enters “Second Revolution”
Neil Brown and Rob Allen EVERSHEDS
LLP Page 52
Organizations
The World Justice Reform Project: A
Sustained Commitment To The Rule
Of Law Interview: William H. Neukom
KIRKPATRICK & LOCKHART PRESTON
GATES ELLIS LLP* Page 14
Some Of The Above Law Firms Partner
With Corporate Counsel By Providing Us
With Financial And Editorial Support.
* Supporting Law Firms
International Law & Trade
N
The ABA: Promoting
The Rule Of Law In Kosovo
The Editor interviews Michael S.
Greco, former President of the American Bar Association and Partner at
K&L Gates LLP.
Editor: You have recently returned
from Kosovo, where you addressed
lawyers, judges and government officials on the role of the legal profession in preventing corruption. For
starters, what prompted your trip to
Kosovo?
Greco: My latest trip to Kosovo, in
June of this year, was the third since
2004. The first two were as PresidentElect and President of the American
Bar Association. On those trips, and on
this one, I met with leaders of the
Kosovo government, judges and bar
leaders, and addressed judicial and bar
associations as a director of the ABA
Rule of Law Initiative board. This trip
was at the invitation of the Kosovo
Chamber of Advocates (the national bar
association), and the Kosovo Judicial
Institute (the national judges association). I addressed issues of legal education reform and corruption in the
Kosovo justice system. I have a long
standing personal interest in helping
developing democracies advance the
rule of law to create stable, transparent
and corruption-free justice systems.
Editor: Prior to the breakup of
Yugoslavia, Kosovo was a region of
Serbia. Was there Albanian representation on the bench and at the bar, or
were they predominately Serbian?
Greco: Until 1989 Kosovo functioned
as an autonomous province of
Yugoslavia. There was Albanian representation in the bar and on the bench.
Kosovo did not have a law school until
1969, however. Prior to 1969 persons
obtained their legal education in other
states of Yugoslavia, and the language
of instruction was not Albanian.
The situation worsened after 1989.
Kosovo’s autonomy was severely
restricted by Serbian President Slobodan Milosevic. The central government
controlled the police, courts and civil
defense, and Kosovar Albanian judges
and prosecutors were dismissed. Ethnic
Albanian lawyers already registered
with the bar were permitted to continue
to practice, but those of Albanian origin
were banned from the “official” new
law school in Pristina, and those who
had graduated and were qualified to
take the bar examination were prohibited from doing so.
Michael S. Greco speaks with students in Kosovo.
Editor: It’s been almost ten years
since Kosovo achieved de facto if not
de jure independence. What has
occurred with respect to the legal
profession over this period?
Greco: When the conflict ended in
1999 the United Nations Mission in
Kosovo – UNMIK – inherited a barely
functioning legal system, due to lack of
competent professionals. With the help
of the ABA and other international
organizations, bar examinations
resumed and, in 2001, the Kosovo Judicial Institute, which serves as a judicial
training center, was established. In
2003 new criminal codes were enacted
and in 2006 a major step forward was
taken with the adoption of a new Judicial Ethical Code.
I admire the role that the ABA –
through its volunteer lawyer, judge and
academic members – has taken in helping to advance the rule of law in
Kosovo. The ABA Rule of Law Initiative, of which the Kosovo effort is a significant part, is grounded in the belief
that rule of law promotion is the most
effective long-term antidote to the most
pressing problems facing the world
community today, including economic
instability, poverty, conflict, endemic
corruption and disregard for human
rights.
The ABA Rule of Law Initiative currently implements legal reform programs in over 40 countries across the
world. Its local partners include
lawyers, judges, bar associations, law
schools, court administrators, legislators, ministries of justice and human
rights organizations. The Initiative
offers technical assistance across a wide
range of substantive areas, including:
Anti-corruption, which includes
drafting and implementing public
integrity standards (ethical codes) and
freedom-of-information laws, developing national anti-corruption action
plans, conducting public education
campaigns on the corrosive impact of
corruption, and encouraging the public
to fight corruption through mechanisms
such an anonymous anti-corruption hotlines.
Criminal law reform and human trafficking, which includes training criminal
justice professionals, with particular
reference to human trafficking, money
laundering and cyber crime, and helping
to reform criminal law legislation.
Please turn to page 15
October 2008
The Metropolitan Corporate Counsel
ABA In Kosovo
ous ABA leadership positions?
Continued from page 13
Greco: I have taken a strong interest in
the advancement of the rule of law at
home and abroad and in unifying the
legal profession in nations throughout
the world for that purpose. To that end I
have traveled to many countries – many
of them emerging democracies – where
the ABA Rule of Law Initiative has
technical assistance programs underway.
With respect to Kosovo, my message
to the assembled lawyers, judges and
educators was direct: “Now that you
have declared independence (which
occurred formally in February of 2008)
and have adopted a new constitution
(three days before my arrival in June),
you have the Kosovo justice system and
its future, and the trust of all Kosovo
citizens, in your hands. You must take
this opportunity to instill the rule of law
in Kosovo, and the first step is to eradicate corruption at every level of the justice system.”
Gender issues, which involve assisting governments and NGOs in addressing a variety of women’s rights issues,
such as domestic violence, sexual
harassment in the workplace and widespread gender-based violence in postconflict environments.
Human rights and conflict mitigation, which is meant to increase awareness of international human rights standards and to promote the training of
legal professionals to seek redress for
rights violations in forums such as the
European Court of Human Rights.
Judicial reform, which promotes
greater independence, accountability
and transparency in judicial affairs, the
adoption of codes of judicial ethics, the
use of judicial education and training on
an ongoing basis, and the need for efficient administration in the courtroom.
Legal education reform, which promotes a rule of law culture through civic
education campaigns on the rights and
responsibilities of citizenship and the
role that judges and lawyers play in a
society governed by the rule of law.
Legal profession reform, which concerns the development and administration of law school curricula, bar examinations, codes of legal ethics, independent bar associations and the institutionalization of CLE programs for the profession.
Editor: And the role you have played
in this undertaking during your vari-
Editor: How did this message resonate with the profession in Kosovo?
Greco: Ethical codes have been
adopted for judges and lawyers, and
they are excellent codes. The real question, for Kosovo and for other similarly
situated countries, is whether enforcement of these codes of conduct will be
accepted by the judiciary, bar and public. It is now a work in progress in
Kosovo, the major challenge being a
culture – both in the justice system and
the country – that for generations was
infected with corruption. Respected bar
leaders and judges with whom I met
informed me that historically bribes
were commonplace and that such
behavior became engrained over a long
period of time. The situation is much
improved. It will take time to change
that culture. But I am optimistic because
I sense a great resolve on the part of
leaders of the judiciary and bar of
Kosovo to make it happen.
At the Kosovo Bench-Bar Roundtable that I addressed I was taken with
the outpouring of gratitude from the
Kosovo judges and lawyers for the
efforts their American colleagues are
making to help them address this critically important issue. We agreed that
adopting codes of ethics was an essential first step, but only a first step; and
that enforcement of such codes, in a fair
but firm and transparent way, was the
only way that judges and lawyers, academics and law students and, ultimately,
the citizenship as a whole would come
to understand that a new culture – a rule
of law culture – is replacing the culture
of corruption. After I spoke Kosovo
Chief Justice Rexhep Haxhimusa stood
and endorsed my remarks about the
enforcement of the codes of conduct
already in place, personally vowing to
their active enforcement. When you
hear that kind of commitment from
leaders of the bench and bar – and
directly from the Chief Justice – you
feel that a fair start has been made.
I believe we are seeing a dramatic
shift in the way Kosovars think about
Page 15
their justice system and the role that
judges and lawyers play in Kosovo society. In Pristina I also met with the Minister of Justice (comparable to the U.S.
Attorney General), and then with the
dean of the law school, and after a
lengthy discussion about legal education reforms I met with about 20 law
students and several professors who
patiently had been waiting for more
than an hour for me (I had not been told
of the meeting), and who were anxious
to hear me speak about the responsibilities that accompany the privilege of
being a lawyer. After speaking I asked
whether there were questions. A young
woman law student inquired how I, as a
trial lawyer, would react to a client
requesting that I do something prohibited by the ethical code in order to win a
case of dire importance to the client.
Should the lawyer, she asked, whose
responsibility is to represent the client
with utmost loyalty and to the best of
his or her ability, accede to the client’s
fervent request or comply with the dictates of the code? I responded, “Do you
have any doubt what my answer is?” I
noted that nothing is more important to
a lawyer than his or her personal and
professional integrity, that once surrendered for some momentary or other
advantage, no one – colleagues at the
bar, the judiciary, potential clients –
would ever again trust him or her.
Worse, such corrupt conduct spreads
disease in the justice system, and to the
people’s confidence in a fair and honest
Please turn to page 29
October 2008
The Metropolitan Corporate Counsel
Page 29
Partners Notes
Sills Cummis & Gross Promotes Diversity
Scott Murray and Anjana Patel,
Members of the Firm and Co-Chairs of
the Firm’s Diversity Committee, were
interviewed about diversity in the legal
profession and more specifically at Sills
Cummis & Gross. According to Mr.
Murray, “Diversity is absolutely a core
value of [Sills Cummis & Gross].” Mr.
Murray also stated “This is an international world we live in now. We’re
working with people from all across the
world, and you really need to be able to
understand different cultures, different
backgrounds. It really brings an excellence to your work that you just can’t
get any other way, and I think a lot of
people are catching on to that.” The article continues, “At Sills Cummis &
Gross, Ms. Patel says, a mentor is
assigned to each ‘diverse’ attorney
entering the firm, in addition to the
firm’s other mentoring programs. The
firm also is active with the state’s ethnic
bar association, sponsoring and partici-
ABA In Kosovo
Continued from page 15
system of justice. The positive response
that I received to my remarks from these
Kosovo students and their professors,
and leaders of the bar and bench, makes
me think that the legal profession is on
a sure path that will lead to a fully functioning, mature and transparent rule of
law system in Kosovo.
Editor: That is a very encouraging
story. How are we doing elsewhere in
the world in the rule of law discussion?
Greco: Not every undertaking of the
ABA’s Rule of Law Initiative results so
quickly in such a success story. Reform
and change by their nature require time,
patience, and persistence before acceptance follows. Advancement of the rule
of law is a complex, long term process.
Nevertheless, substantial progress is
being made in Kosovo and in other
developing democracies throughout the
world, and I am confident that such
progress will continue. The ABA will
continue to do its part. At its August
Annual Meeting in New York, the ABA
presented its Rule of Law Award to the
lawyers and judges of Pakistan who literally risked their lives to defend the
rule of law in their country. Having
taken coercive steps against the Pakistani judiciary and, in a shocking and
unconstitutional act, dismissing the
Chief Justice, President Pervez Musharraf raised such a storm among his country’s legal community that he now finds
himself forced from office. This is the
rule of law in action. When it occurs –
this tangible evidence that people do
believe in the rule of law and will risk
their lives to protect it in order to
achieve a just legal system, economic
stability and respect for human dignity –
the efforts of all who advance the rule of
law are validated. There is every reason
for America’s legal and business communities to support the ABA’s efforts to
advance the rule of law. It is a worthy
undertaking.
pating in events that provide opportunities for social-skills building, she says.”
***
Sills Cummis recently hosted the
first LMA (Legal Marketing Association) New Jersey City Group meeting at
the Firm’s Newark office, where members discussed planning the group’s first
events and overall goals of the group.
The Metropolitan New York Chapter of
the LMA created the Chapter of the
New Jersey City Group in early July
and the new group will provide support,
resources, programming sessions and
networking opportunities for LMA
members whose offices are in New Jersey.
***
Sills Cummis & Gross P.C. has
announced newly elected Members and
Of Counsel to the Firm, effective October 1, 2008. Charles J. Falletta, David
W. Kiefer and Paula A. Tuffin have been
elected Members of the Firm. Gwen L.
Coleman and William R. Horwitz have
been elected Of Counsel to the Firm.
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