International Law Section
Note from the Editor
Welcome to the International Law Section monthly newsletter! With the change of season now spreading out across California's pumpkin patches, the Executive Committee of the International Law Section would like to extend our thanks to those who were able to attend our programs and link with us at the Annual Bar Meeting that closed out the summer in San Diego on September 11-14.
We want to especially thank our guests from the Osaka Bar Association and the Dai-ichi Tokyo Bar Association who joined us for many of the events, including our Warren M. Christopher International Lawyer of the Year Award Reception where we honored Robert E. Lutz, Professor of Law at Southwestern Law School.
We also want to take this opportunity to thank our Immediate Past Chair Elizabeth Foster for all her years of service to the International Law Section, and warmly welcome Brian Arbetter as our new Chair, along with Harumi Hata as Vice-Chair, Enrique Hernandez as Treasurer, and yours truly will be serving as Secretary.
As always, this monthly newsletter gives you updates on all our upcoming events, as well as the reminder to all our members of the six hours of complimentary CLE credit available.
The International Law Section is also pleased to include in this edition an exclusive interview with John Kamm, a business leader with the experience, know-how, and calling to improve the world we live in through his dedication to service and diplomacy. On behalf of the International Law Section, Will Pao and I warmly thank John Kamm for taking the time to talk with us. To find out more about his inspiring work as founder and chairman of The Dui Hua Foundation, please read on.
Also in this newsletter, you will find co-sponsored and other events that lead you around the globe:
Please peruse this E-Newsletter below to learn more about all of our events, and we invite you to become actively engaged with the International Law Section. The International Law Journal currently solicits articles on public international law for the next edition, our Programs Committee welcomes webinar proposals, and this newsletter encourages you to send in your photographic impressions of foreign jurisdictions for a "Note From Abroad."
Please peruse the E-Newsletter below to learn more about all of our events, and we invite you to become actively engaged with the International Law Section. The International Law Journal currently solicits articles on public international law for the next edition, our Programs Committee welcomes webinar proposals, and the E-Newsletter encourages you to send in your photographic impressions of foreign jurisdictions for a “Note From Abroad.”
We look forward to seeing you at one of our events in the near future!
Note from Our New Chair, Brian Arbetter
Welcome to all new members of our Section. As we begin our new Bar year, the Section has many exciting plans in motion. From networking mixers, to in person and webinar cle programs, to law student career programs, to our journal, to our growing partnerships with foreign bar associations, we have a LOT going on. Please reach out to any Advisor or Executive Committee member with your ideas and requests for what you want to see the Section do. We welcome your ideas and participation. Come out to one or more of our events and join us!
6 Hours of Self-Study CLE in the Specialty Areas -- Complimentary for Members of the International Law Section!
As a 2014 benefit of Section membership, we are pleased to offer six hours of MCLE credit, offering credit in all of the MCLE subfields.
If you were purchasing these courses individually in our Online Catalog, they would cost $210 -- so that's your Section membership more than paid for, and then some!
Just watch these programs, and keep a record of having done so in the event you're audited for MCLE compliance.
You can access these programs and the accompanying written materials any time this year in the Members Only Area. Elimination of Bias in the Legal Profession
Detection and Prevention of Substance Abuse and Emotional Distress
- Coping with the Unique Challenges of Legal Practice
- Avoiding the State Bar Disciplinary System
- Client Trust Accounting Fundamentals
- Ethical Implications for Lawyers in Cyberspace and Social Media
- Ethics and Civility: Want an Extension? Forget about It!
Connect with Us on LinkedIn, Facebook and Twitter
Connect with us!
The International Law Section is now on LinkedIn. Please join the International Law Section LinkedIn Group at http://www.calbar.org/ils/linkedin. Connect with us today and also share our new LinkedIn Group with your LinkedIn connections.
In addition to LinkedIn, the International Law Section also has its own presence on both Facebook at http://www.facebook.com/CalbarILS and Twitter at https://twitter.com/CalbarILS. For the latest cutting-edge information and news from the International Law Section, connect with us on social media!
Spotlight on John Kamm -- Business and Human Rights Do Mix
The following interview was conducted by The California International Law Journal Editor-In-Chief Will Pao and E-Media Chair Diana Mack
John Kamm is an American businessman and human rights campaigner active in China since 1972. He is the founder and chairman of The Dui Hua Foundation. Kamm was awarded the Department of Commerce's Best Global Practices Award by President Bill Clinton in 1997 and the Eleanor Roosevelt Award for Human Rights by President George W. Bush in 2001. In September 2004, Kamm received a MacArthur Fellowship for "designing and implementing an original approach to freeing prisoners of conscience in China." Kamm is the first businessman to be awarded a MacArthur Fellowship. Since his first intervention on behalf of a Chinese prisoner in May 1990, Kamm has made more than 100 trips to China to engage the government in a dialogue on human rights, focusing on the treatment of prisoners and conditions in prisons.
Q. John, thank you for sitting down with us today. To start off, could you tell us about how you got started in your advocacy and human rights work?
A. Sure. I arrived in Hong Kong in 1972, which was the year of the Nixon visit, and eventually found myself doing business in China as it was opening up. I made four trips to China before Chairman Mao died in 1976. When the events of June 4, 1989, took place in Beijing, I was First Vice President of the American Chamber of Commerce, in line to take over the presidency, which I did in 1990. In 1990, by way of background, under the Trade Act of 1974, designated non-market economies had to have their Most Favored Nation Trade Status renewed every year, and China was one of those countries. By sheer coincidence, because China was first granted Most Favored Nation on June 4, 1979, it had to have its status renewed every year, no later than June 3 -- which, of course, was not very fortuitous for China. So that year, 1990, as it was coming up for renewal, members of Congress made it known that they were going to, in effect, withhold granting Most Favored Nation for China, or at least impose very strict conditions on renewal, and to this end legislation was introduced. The first hearing on Most Favored Nation took place in the House of Representatives on May 15 and 16, 1990. I was invited to testify at the first hearing.
Prior to my departure for the hearing, I was invited to a banquet, along with other members of the business community, by the senior Chinese official in Hong Kong, and in the course of that banquet I asked the official to release a young political prisoner. He wasn't too happy about it, he reacted quite angrily, but in any event I went, I testified, and it was a success. The student was released within a few weeks of the intervention. That was more than 24 years ago and that was the beginning of my activism.
Q. Did you always have an interest in China? What led you there in the first place?
A. Certainly I've had an interest in China for a very long time. I was admitted to Princeton University out of high school, and I entered with the class of 1973 in 1969. As it turns out Princeton was, in those days, one of the few universities that offered Chinese language. So at the urging of my dear mother I took up what she called an "exotic language." Her theory was that I could always find a job if I learned an "exotic language." She always liked China, she always felt the two peoples liked each other. Even though the two governments were hardly getting along in those days, she encouraged me to take up Chinese, which I did when I entered Princeton.
Q. Since that fateful day in 1990 when you began your advocacy work, out of all the great work you've done since, what is the one thing that you're proud of most?
A. That is tough... READ MORE
Careers in International Law Programs
Over the years, the International Law Section has been presenting the Careers in International Law programs at various law schools throughout California. Each program, geared towards both law students and practitioners, features a panel of seasoned attorneys in the international law arena, and the panelists speak about their career paths to pursue an international law practice, provide advice about starting or growing an international law practice, and answer questions from the program attendees. In collaborating closely with the law schools which host the programs, the International Law Section continues to expand and deepen the relationships with various law schools and law students in California. The American Bar Association's Section of International Law Section is a co-sponsor of the programs.
This fall we are presenting the Careers in International Law programs at the following law schools:
- University of California, Hastings College of Law on September 23, 2014;
- Stanford Law School on October 16, 2014;
- UC Berkeley School of Law on October 22, 2014;
- Stanford Law School on November 5, 2014 * Special program on careers in international trade law
If you are interested in serving as a panel speaker at any of these programs or know of any law schools in California that would be interested in holding a program, please contact Karla Haynes. For law school programs, please be sure to include the contact information for the faculty/administrator at the law school who will serve as the lead contact for us.
We thank many of you for your interest and participation in the Careers in International Law programs, and we look forward to your continued interest, support and participation.
Upcoming Co-Sponsored Events
ABA Section of International Law: 2014 Fall Meeting, Buenos Aires, Argentina -- October 21-25, 2014
The ABA Section of International Law invites you to attend our 2014 Fall Meeting in the beautiful city of Buenos Aires, Argentina from October 21-25, 2014. Join over 1,000 leading attorneys, corporate counsel, government officials, academics and NGO lawyers for a conference unlike any other. The International Law Section is a Cooperating Entity on this event and members can register for the conference at the discounted ABA Section of International Law Member Rates by using the discount code “ICFM1021” on the checkout page of the online registration portal.
During the 2014 Fall Meeting, world-class speakers and international legal experts will lead over 70 continuing legal education sessions on international legal and ethics issues including sessions on Business / Regulation / Compliance; Dispute Resolution / Litigation; Environmental / Energy; Human Rights; Legal Practice / Ethics; M&A / Finance / Tax; and Public International Law / Rule of Law. Executive Committee member Alexandra Darraby and ILS 2014 Award Honoree Robert Lutz are featured panelists on “The Ethics of Transnational Practice,” and Alexandra moderates a program on “Global Digital Licensing of Entertainment,.” Fall Meeting attendees will also have limitless opportunities to network with colleagues, decision makers, and potential clients from around the world and will have ample time to experience the sights and sounds of Buenos Aires at planned social events, receptions and outings. All registrants will take home a free bottle of Malbec wine and leather iPad holder and will have the opportunity to sign up for several activities around Buenos Aires including free tango lessons and a home hospitality night. There will also be planned entertainment for registered guests, spouses and significant others.
Save on your registration by taking advantage of early bird rates before September 8th! Registration rates are further discounted for young lawyers (35 years and under), full time government and NGO employees, academics, law students, corporate counsel, solo / small practice and retired attorneys.
Click here for the full conference agenda including programming, speakers and social events. Please visit http://ambar.org/ILFall2014 to register and for more information on programming, hotel accommodations and the latest updates on the 2014 Fall Meeting.
ABA 2014 North America Regional Forum: Doing Business within the Region and Collaborating Abroad Conference - Vancouver, BC, Canada, November 17-18, 2014
This one-and-a-half day conference will feature two parallel tracks on best practices for international companies doing business in North America and for North American companies working internationally. It will begin with a joint plenary on Cross Border Ethics in the Digital Age and will be followed by a series of panels presented by international legal experts on the latest in key topics such as privacy issues, enforcement of judgments, antitrust and compliance. This program will also offer a unique forum for international lawyers to explore and expand their networking activities as well as meet colleagues from all over the world. The State Bar of California International Law Section is a Cooperating Entity for this event and members can register for the conference at the discounted ABA Section of International Law Member Rates by using the hardcopy registration form.
ILS on the Move and on the Map ”Hops the Pond”: The International Law Section will team with the Litigation Section for the 26th anniversary of A Week in Legal London April 19-24, 2015
Sunday, April 19 - Friday, April 24, 2015
Presented by The State Bar of California Litigation Section in cooperation with The International Law Section.
By participating in this one program you can fulfill your entire 3-year MCLE requirement! All this is possible through a combination of participatory and self-study credits, which include all mandatory subjects.
In its 26th year, A Week in Legal London is proud to continue its tradition of mixing exciting new opportunities with exceptional legal destinations and interactions. As a result of the special relationships we have formed over many years, we are able to provide access to people and places the general public does not have. In addition to the profound interactions the program presents, A Week in Legal London also provides one-of-a-kind professional experiences. We will spend time behind the scenes with prominent judges, barristers and solicitors.
Building on the Section’s relationship with the Law Society of England and Wales, the International Law Section is collaborating with the Litigation Section to establish our presence as part of “A Week in Legal London” program scheduled April 19-24, 2015. The program is in its 26th year. The opening of this exciting program will be with The Right Honorable The Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales, who will welcome The State Bar of California to the Royal Courts of Justice on Monday morning. We are the guests of the Lord Chief Justice during our week in England. The Supreme Court will be in session while we are in London, and on Wednesday the President (Chief Justice), Lord Neuberger of Abbotsbury, currently Master of the Rolls, will welcome us to his court, and discuss the new Supreme Court's purpose and function. Also arranged are Supreme Court Justices to meet individually with small groups. International Law Section envoy for this first-ever joint jump across the pond, and in the banner year celebrating the 800th Anniversary of Magna Carta, is Executive Committee member Alexandra Darraby.
One trip earns all 3 years of MCLE credit! Space is limited to 60, and guests of attorneys are welcome, and separate events and programming are planned for them. If you are interested in reserving space, contact Michelle McFadden at email@example.com or (80) 278-3641, and for more information visit the website: http://aweekinlegallondon.com.
2014 Warren M. Christopher International Lawyer of the Year Award
The State Bar of California International Law Section honored Robert E. Lutz, Professor of Law at Southwestern Law School, as the recipient of the 2014 Warren M. Christopher International Lawyer of the Year Award. This Award is presented annually by the International Law Section to a California lawyer for outstanding achievement within the field of public or private International Law
The Award was presented to Professor Lutz by outgoing Section Chair Elizabeth Foster and 2014 Award Committee Chair Jeff Daar. Elizabeth Foster is pictured here with Professor Lutz and the crystal globe representing the Award.
A reception celebrating Professor Lutz and the Award was held during the State Bar's Annual Meeting in San Diego on Saturday, September 13, 2014. Members of the International Law Section, guests from the Dai-ichi Tokyo Bar Association and the Osaka Bar Association, and Southwestern Law School students were among the attendees.
The Special Guest Speaker was Dean Susan Westerberg Prager of Southwestern Law School, pictured here with outgoing Section Chair Elizabeth Foster and Professor Lutz.
The International Law Section is grateful to our Platinum Sponsors for helping to make it a great success:
Southwestern Law School
Founded in 1911, Southwestern Law School reflects the vibrancy of Los Angeles and provides an ideal setting for law study. With a long-standing emphasis on diversity, public service and curricular innovation, Southwestern has far reaching ties to the legal, business and civic sectors as well as the entertainment industry, and an award-winning campus featuring the world-renowned Bullocks Wilshire landmark. It is the only law school to offer four JD courses of study that differ in scheduling and instructional approach, including full- and part-time programs, as well as the oldest two-year accelerated JD curriculum. Concurrent three- and four-year JD/MBA programs are also offered in partnership with The Drucker Graduate School of Management. Southwestern is fully approved by the ABA and is a member of the AALS.
Jenner and Block LLP
Founded in 1914, Jenner & Block is a national law firm of approximately 450 attorneys. The firm has been widely recognized for producing outstanding results in corporate transactions and securing significant litigation victories from the trial level through the United States Supreme Court. Companies and individuals around the world trust Jenner & Block with their most sensitive and consequential matters. Its clients range from the top ranks of the Fortune 500, large privately held corporations and financial services institutions to emerging companies, family-run businesses and individuals. The Los Angeles office of Jenner & Block helps companies and individuals meet their West Coast needs and provides an exceptional platform from which its lawyers in California, and across the firm, are able to serve their clients, the bar and the community. Given its position on the Pacific Rim, the Los Angeles office represents clients from Asia in their U.S. legal matters and manages international arbitration proceedings around the Asia-Pacific region.
International Law Section Annual Executive Committee Dinner
The International Law Section's Executive Committee held its annual dinner during The State Bar of California's Annual Meeting in San Diego. Outgoing Chair Elizabeth Foster presided over the Section's events. At the dinner, Elizabeth received a thank-you plaque, presented on behalf of the Section by Immediate Past Chair Jeff Daar. Elizabeth, a corporate partner with Dentons in Los Angeles, will continue her involvement with the International Law Section as its liaison to the International Bar Association.
Special guests at the dinner were delegates from the Osaka Bar Association and the Dai-ichi Tokyo Bar Association.
The visiting lawyers from the Osaka Bar Association consisted of Mr. Nobuaki Matsuoka (of Osaka International Law Offices; the Chair of the International Committee of the Osaka Bar Association; and featured in the photo), Mr. Kazuto Yamamoto (of Daiichi Law Office, P.C.; the Vice Chair of the International Law Committee of the Osaka Bar Association), Mr. Kazuhiko Nishihara (of Umegae Chuo Legal Profession Corporation; the Vice Chair of the International Law Committee of the Osaka Bar Association), Ms. Tomoko Kamikawa (of Kamikawa Law Office), and Mr. Ryosuke Naka (of Kitahama Partners Osaka Office). The reception was also attended by some of the foreign LLM students and law professors from the local law schools in San Diego. The visiting lawyers from the Dai-ichi Tokyo Bar Association consisted of Mr. Yoshihiro (Yoshi) Takatori (of Orrick Tokyo Law Offices; the Chair of the California Division and the Vice Chair of the International Committee of Dai-ichi Tokyo Bar Association), Ms. Yuriko Kotani (of Squire Gaikokuho Kyodo Jigyo Horitsu Jimusho, and Ms. Eriko Ichikawa (of Nagashima Ohno & Tsunematsu).
International Law Section Reception and Dinner in San Diego with Osaka Bar Association
In the evening on Friday, September 12, the International Law Section held a welcome reception which was hosted by Procopio, Cory, Hargreaves & Savitch LLP, at its office in San Diego. Enrique Hernandez (featured in the photo), a partner at the Procopio firm, is the incoming Treasurer of the International Law Section. The reception was a wonderful way to welcome the lawyer delegation from the Osaka Bar Association, with which the International Law Section entered into a Friendship Agreement in October 2012.
International Law Section Breakfast Meeting in San Diego with Osaka Bar Association
The International Law Section's Executive Committee held a breakfast meeting with delegates from the Osaka Bar Association in San Diego on September 13. The groups discussed several planned collaborations stemming from the Friendship Agreement between the International Law Section and the Osaka Bar Association, including visits in Japan in October 2014 during the International Bar Association's Annual Meeting in Tokyo.
NEWSFLASH -- Global Music Licensing Program at the Annual Bar Meeting was a big hit! Music Is in the [GLOBAL] Ears of the Beholder
Submitted by Executive Member Alexandra Darraby
The first Music panel at a State Bar Annual Meeting, "Global Music Licensing" was sponsored by the International Law Section, moderated by ILS Executive Committee Member, Alexandra Darraby, and paneled by international music licensing experts and California lawyers, Todd Brabec, Jeff Brabec, and Corey Field. The American audience, polled, overwhelmingly voted streaming and the internet as the source of their music. The big news is that streaming is flooding out digital sales, and last month marked a new low in the music industry's first weekly album sales by slipping under the 4 million units. The decline includes digital album sales. But not so in Japan, where CDs account for 85% of all music sales! Compare that stat with other European nations [under 20%]. Spotify and Rdio, streaming music services, expanding in the US markets, have not been able yet to break into Japan. Digital sales in Japan reportedly dropped 17% from last year. This translates into about $600 million loss in revenue. As Japan is the second largest music consumer after the USA, the digital drop affects worldwide music sales. What are the cultural factors and IP licensing factors that explain this particular Japanese preferred music listening world of CDs over streams? How did Spotify acquire 10 million streamers worldwide in 57 countries? Join the International Law Section as it sponsors a sequel on global music licensing and cultural and IP byways at a new webinar, reprising members of the panel this Fall. Keep your eyes -and ears- on the newsletter for details on times and dates.
Introduce Yourself to the Membership
Members are encouraged to introduce themselves and their areas of practice and/or service. Introductions will be included as received, subject to editing at the discretion of the Newsletter Editor and/or the State Bar. Send introductions in an e-mail to Diana Mack with “Spotlight” in the “Subject” line. Feel free to include a photo of yourself!
Get Involved with the International Law Section
The E-Media Committee is responsible for the Section's website, this E-Newsletter, and our Section's social media presence on Facebook and Twitter. Contact the Chair Diana Mack or Vice-Chair Pamela Fulmer.
The External Relationships Committee is responsible for the Section's relationships with foreign and domestic bar associations and other international law and business groups, including establishing new relationships. Contact the Co-Chair: Enrique Hernandez and Michael Newman.
The International Law Journal Committee is responsible for The California International Law Journal. The Committee Chair is the Editor-in-Chief, who is assisted by Co-Managing Editors and Associate Editors. Section members may seek appointment as Associate Editors. Contact the Chair and Editor-in-Chief: Will Pao.
The Law Student Outreach Committee is responsible for outreach to law students, including administering our Careers in International Law programs. Contact the Chair: Zahirah Mann.
The Programs Committee is responsible for the education programs and networking events for the Section. We welcome our section members to work with our Executive Committee to develop more webinar programs. If you wish to submit a proposal or have a question about any program, please contact Program Committee Chair William T. Gay. The content and the time of the program need to be approved by William T. Gay. All the webinar programs must meet MCLE program requirements. All the programs need to have international content. The content of the program should not be duplicative or conflicting with existing programs (for at least 6 months). The timing of the program should not be conflicting with any time slot of existing programs or black-out dates of state bar annual meeting.
Introducing the Public International Law (PIL) Committee: This new committee will focus on topics in public (vs. private) international law. We will develop Section programs and initiatives related to public international law, including international human rights, within California and worldwide. At this early stage, we are looking for additional members and fresh ideas for PIL projects and activities. The PIL Committee will have monthly telephonic meetings. Contact the Chair: Mary Hansel.
Participation on one of our Committees is also a great way to determine if you would like to seek appointment to the Section's Executive Committee.
For more information about the International Law Section's activities, please see our website at http://international.calbar.ca.gov/ and our Facebook page at www.facebook.com/CALBARILS.
The California International Law Journal
The next issue of the California International Law Journal will focus exclusively on issues related to public international law, including international human rights. As always, standard articles range from 15-25 pages, double-spaced. Short articles range from 4-8 pages, double-spaced. While most articles are geared toward practitioners and professionals, we also publish academic articles that may be of interest to our readers.
If you are interested in submitting an article on a public international law topic, please send us your proposed topic or manuscript by November 21, 2014 to firstname.lastname@example.org. If selected for publication, we will assign an editor to work with you on finalizing your article.
New! Advertisement Spaces Available
The California International Law Journal publishes two times a year and has a circulation of about 1,500 copies. The Spring/Summer 2014 issue is coming up, and there are advertisement spaces available for the businesses that would like to reach an audience of California lawyers who practices in various areas of international law. For a half-page ad, rates are as low as $300 per issue and $720 for three issues. If you or someone you know are interested in more information, please reach out to Ellie Kim or Julie Martinez.
Meet Your Executive Committee
The International Law Section is managed by its Executive Committee, which is comprised of individuals with a broad range of legal specialties who share a dedication to the expansion of cross-border and international practice. Contact information for our Officers, Members, Advisors, and Advisors Emeritus can be found HERE. For information on becoming a Member of the Executive Committee in the future, click HERE.
Online CLE for Participatory Credit - Available Anytime!
International Law Section past programs are available over the internet for participatory MCLE credit. For the entire catalog of the International Law Section’s programs available for MCLE credit, please see online CLE and select International Law. Be sure to check out CLEtoGo if you're interested in downloadable podcasts.
Your contributions are needed! Press releases, news items, event listings, opinions, or any other appropriate information would be greatly appreciated.
Messages are moderated and not all messages submitted will be forwarded to subscribers. Materials from sources other than the State Bar of California International Law Section distributed in this mailing list do not necessarily imply the endorsement of the State Bar of California and the State Bar of California and the International Law Section take no responsibility of the content of any posted messages. The statements and opinions expressed in this newsletter, or at any program or event publicized by this newsletter, are not necessarily those of the editors, the International Law Section or the State Bar of California. Nothing in this newsletter, or at any program or event publicized by this newsletter, shall be construed as legal advice.
To submit a message to be posted, for questions, suggestions, or problems, or to unsubscribe from receiving e-mail from the International Law Section, contact Sections Internet Coordinator Michael Mullen.
Thank you again for your interest and participation!
International Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
The International Law Section is a State Bar of California-approved MCLE provider.