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ILP I2014.ppsx

Published Feb 1, 2014 in
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Presentation Slides & Transcript

Presentation Slides & Transcript

International Legal PracticeThe InternationalPractitioner1

What Is International Practice?Helping the underdog against multinational corporations?2

What Is International Practice?Battling for rightsof non-Americans?3

What Is International Practice?Securing compensation for foreign plaintiffs?4

The Analysis What is international law? Who are the international lawyers? What do international lawyers do? Does crossborder = international? How do you get there? And where is there?5

So . . . You Tell Me What is international law? Who are the international lawyers? What do international lawyers do? What is crossborder law? Does crossborder = international? How do you get there? And where is there?6

What Is International Law?Traditional international law - rules and principles governing relations and dealings of nations with each other. Scope of international law redefined to include relations between states and individuals and between international organizations.  Public international law - rights between several nations or nations and citizens or subjects of other nations. Private international law - disputes between private persons, natural or juridical, arising out of situations having significant relationship to more than one nation. 7

Some of Our International LawyersFamous“Charles Liu ( born 1971) has been licensed to practice legal business since 1994 and is a famous international lawyer” (website)Moderately Famous“U.S. International Lawyer and American International Lawyer” (website) Personal Injury / Dog Bite / Wrongful Death / Elder Abuse / Entertainment Law / Sports Law / Modeling Law / Intellectual Property / Trade Marks / Internet Law / Swimming Pool Drownings / Real Estate / Women’s Rights / Equine LawLess Famous“International Lawyer” (website) Immigration 50% / Bankruptcy 40% / Family and Divorce 20% / Business 10%8

Or Maybe These Guys?The Top 10 by Some Estimates9

How about International Organizations?10

You Never Know if You Don‘t TryBut it is not easy Under-representation and over-representation Competitive A long wait for a decision11

This Might Help12

If You Can Afford ItInterns Volunteers Pro bono aides13

What Do International Lawyers Do?14

What Is Crossborder Law?For example . . .UNCITRAL Model Law on Crossborder InsolvencyUN Convention on Contracts for International Sale of Goods Crossborder DivorceCrossborder InheritanceCrossborder Asset SecuritizationCrossborder M&ACrossborder Due DiligenceCrossborder Competition LawCrossborder InvestmentIP (inherently crossborder)15

Crossborder = International?Priorities Is it what you do? Or where you do it? And how much “it” is enough?16

For the American Law Graduate . . . Where is the reality . . .? How do you get there?17

What If . . . There is no there there? Gertrude Stein18

Jobs Jobs Jobs Jobs Jobs Jobs JobsMore Law Degrees, Less Summer Jobs19

Jobs Jobs Jobs Jobs Jobs Jobs JobsMore Lawyers20

Jobs Jobs Jobs Jobs Jobs Jobs JobsMore Tuition21

Jobs Jobs Jobs Jobs Jobs Jobs JobsMore Debt22

Let’s Find out Where “There” IsDifferences among legal systems Becoming and being a lawyer abroad U.S. judgments abroad Foreign judgments in the U.S.23

What Foreign Firms Want Debt / Equity Capital Markets Project Finance M&A U.S. Tax24

Career ApproachesThe Inside-Out ApproachThe Outside-In ApproachThe Best-of-Both-Worlds Approach25

$30 An Hour? Outsourcing legal work India, Korea, Australia $650-million in billed hours26

Corporate Pioneers GE / IBM - offices in India to draft and review contracts Oracle - Offshore center in Romania for drafting contracts Oracle - Another in Costa Rica for work in U.S. time zone27

Tasks Attention Associates: Does this sound familiar? Documents: business and estate planning Patent and trade mark application drafting Contract drafting Legal research Litigation support Due diligence Paralegal services28

Legal Education How is Americanlegal education different from legal education in Europe?29

Legal EducationMany law schoolsLarge = 1,000Professional degree4 years college, 3 years law schoolPart-time studentsEveryone goes to collegeWork experienceFewer law schoolsLarge = 30,000First degree5 to 7 years of study at universityNo part-timeBest and brightestNo work experience30

Legal EducationDidn‘t Plato play for the Pats?AnalayzeSocratic methodSkills trainingSummer school standardGoal is to practiceCreates lawyersPractice, then judgeClassical high school educationMemorizeAbstract, theoreticalSkills taught laterSummer school rareMany do not go into lawCreates whateverLawyer or judge31

Legal EnvironmentHow many lawyers are there? How busy are the courts?How full are the prisons?32

Legal EnvironmentTotal LawyersU.S. – 1,268,000Russia – 65,000Germany – 160,000Poland – 40,000Czech Rep – 10,000Lawyers Per CapitaU.S. – 1 / 250Russia – 1 / 2,100Germany – 1 / 500Poland – 1 / 950Czech Rep – 1 / 1,00033

Legal EnvironmentCivil ActionsU.S. – 19,400,000Russia – 13,600,000Germany – 1,500,000Poland – 800,000Czech Rep – 460,000Criminal ComplaintsU.S. – 21,000,000Russia – 1,400,000Germany – 1,100,000Poland – 826,000Czech Rep – 97,00034

Legal EnvironmentImprisonedU.S. – 2,200,000Russia – 860,000Germany – 72,000Poland – 1,100,000Czech Rep – 72,000Death RowU.S. – 3,200Russia – 0Germany – 0Poland – 0Czech Rep – 035

European LawyeringWhat do you know about being a lawyer in Europe?36

European Lawyering Tradition as family business advisor No contingency fees No class actions No punitive damages Judge controls trial No discoverySmall damage awardsPersonal relationships with clientsSmall firms37

Two Classic DistinctionsAdversarial v. InquisitorialNo Jury v. Jury Which is better? Do they both work?38

Becoming a LawyerContinentUniversity Apprenticeship One or Two Bar ExamsEngland / SolicitorsUniversityClerkshipExamination England / Barristers College Inns of Court Chambers39

American Law Firms in EuropeThey followed the money1950s – Marshall Fund and Eurodollars1960s – Petrodollars, European recovery1970s – European law and Single Market1980s – The Big Bang1990s – Privatization, M&A40

European ResponseLicense foreign legal advisersNational practicesMergersEnter U.S. market41

Law Firm NetworksMultiple bilateral agreementsMultilateral agreementsMultilateral agreement to form legal entity42

Who Are the Foreign Lawyers? The French . . . . . . are not GermansFrench Civil Code – Readable, simple, flexible, general, like U.S. ConstitutionGerman Civil Code – Precise, technical, detailed, requires expertise43

U.S. Impact on Legal SystemsGerman Basic Law Japanese ConstitutionOther examplesLegal education / Law Firm managementContracts / Mergers and acquisitions44


International Legal Services – An Example 46CFIUS? What is CFIUS?Committee on Foreign Investment in the United States2003 – 41 transactions reviewed2008 – 155 transactions reviewed2011 – 203 transactions reviewed Arnold & Porter, WilmerHale, Freshfields, Quarles & Brady among leading CFIUS practices

ReminderTomorrow . . .SEC Rule 144ATransfer Pricing47