Spring 2009 Speaker Series

Spring '09 Luncheon Speaker Series

This series features practitioners and academics exploring issues at the intersections of law, business and economics.

All talks are from 12:40 to 1:40 pm (unless noted otherwise). Lunch will be provided; CLE credit is available.

Tuesday, January 20, 2009
Nathan Bush, O’Melveny & Myers, China

“China’s New Antimonopoly Law – What’s Next?”
Boalt Hall, Room 110

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On August 1, 2008, China's first comprehensive competition statute, the Antimonopoly Law, took effect. Although many provisions of the AML are modeled on foreign antitrust laws and enforcement practices, the extent to which "antitrust with Chinese characteristics" will actually converge with prevailing international practices remains to be seen. The Chinese Ministry of Commerce's landmark ruling imposing conditions on InBev's acquisition of Anheuser Busch and the circulation of draft implementing measures have raised new questions about the political economy of competition policy in China. Chinese regulators now face a string of test cases that will test their antitrust acumen and political clout, notably Coca-Cola Co.’s proposed acquisition of Huiyuan Juice Group Ltd. (China’s leading fruit juice company) and petitions to investigate prominent multinationals and state-owned enterprises for alleged abuses. Nate Bush will assess the lessons of China's first six months of AML enforcement and their implications for future enforcement.

Tuesday, January 27, 2009
Aurora Plomer, Sheffield Center for Biotechnological Law & Ethics, University of Sheffield, England

“Stem Cells and the European Patent System”
Boalt Hall, Room 105

Watch video (Quicktime Required)                Powerpoint Presentation

This event is co-sponsored with the Berkeley Center for Law & Technology.
Professor Plomer will discuss legal and ethical issues concerning the impact of intellectual property rights on access to knowledge and innovative technologies in the stem cell and other biotechnology fields. She will also explain the implications of the recent European Patent Office decision that limits the ability to patent stem cell inventions, due to ethical concerns. Plomer will compare the European decisions with the current stem cell research and patent environment in the United States. 

Wednesday, February 11, 2009
Judge Edward D. Jellen '71, United States Bankruptcy Court: Northern District of California (Oakland Division)

"Bankruptcy Practice: A Judicial Perspective"
Boalt Hall, Room 105  

This event is co-sponsored with the
American Constitutional Society for Law and Policy.
Join American Constitutional Society's Jurist Series, and get the judicial perspective on important developments in bankruptcy, corporate restructuring, and insolvency. Understand how parties to sub-prime mortgages are treated in Bankruptcy Court and how sub-prime mortgages might be re-worked in federal courts if pending Bankruptcy Code Amendments are enacted. Learn about the realities of bankruptcy, and the foreclosure crisis in the East Bay. Judge Edward D. Jellen (Boalt Hall '71) will speak about his work at the Bankruptcy Court in Oakland and answer questions about the day-to-day of the legal profession's hottest growth area. For more information contact: Dusty Collier at collierd@berkeley.edu . Lunch provided.

Tuesday, February 24, 2009
Professor Stanley Lubman, University of California, Berkeley

“The Uncertain Future of Chinese Law Reform”
Boalt Hall, Room 170

 Watch video (Quicktime Required)  

This event is co-sponsored with the Center for Chinese Studies.
China’s legal system has come a long way.  Economic reform has driven legal reform: formal legislation now provides a framework for the organization of the Chinese government, and judicial institutions have been reconstructed in the wake of the Cultural Revolution.  But the courts are inadequately professionalized, often favor local interests, and corruption is widespread.  For the Chinese leadership maintaining power trumps the rule of law.  Rights-consciousness is growing in Chinese society, but political reform is needed to accelerate legal reform. Professor Lubman will overview the quiet progress being made, notably in development of laws to control administrative arbitrariness, professionalize the judicial system and reduce the impact of “local protectionism.”

 

Monday, March 9, 2009
Honorable Judge Kenneth Burr, Alameda County Superior Court
John Drath, Drath, Clifford, Murphy & Hagen
Richard Schoenberger, Walkup, Melodia, Kelly & Shoenberger

"Civility Matters!"
Boalt Hall, Room 110

This event is presented by the American Board of Trial Advocates.
Does civility in the legal profession matter?  What happens when lawyers, especially young or inexperienced lawyers, are confronted with rudeness and bad behavior by their opponents?  Join Judge Kenneth Burr, John Drath, defense attorney and Richard Schoenberger, plaintiffs’ attorney, for hands-on advice, guidance and practical examples for both inside and outside the courtroom.  Concerned that attempts at civility might give your adversaries an advantage?  Let these legal experts reassure you that conducting yourselves with civility, integrity and professionalism can create distinct advantages -- not the opposite. Legal Ethics CLE credit available.

 

Tuesday, March 31, 2009
Harvey Rowen '67, Starmont Asset Management

"Re-Regulating Wall Street"
Boalt Hall, Room 100

To listen to an audio recording of this event click here. 

The collapse of financial services giants such as Lehman Brothers, Citigroup and AIG has focused attention on the legal framework governing this industry. While multiple federal agencies regulate financial institutions and markets, no agency is responsible for understanding or containing risks affecting the financial system as a whole. Harvey Rowen will draw on his experience as a federal regulator, bank CEO and asset manager to review Congress’ and the Obama Administration’s proposed regulatory overhaul of the financial services industry and comment on the prospects of those changes restoring confidence in our financial markets. Harvey A. Rowen (‘67) is the president of Starmont Asset Management, an independent wealth management firm, and is the former chief executive officer of the Merrill Lynch Bank and Trust Company and of the Charles Schwab Trust Company. Earlier in his career he served in the general counsel's Office of the SEC and as counsel to the House Commerce Committee.  

You can find a commentary by Harvey Rowen on “Re-Regulating Wall Street” at:
http://www.forbes.com/2009/01/28/wall-street-regulation-opinions-contributors_0128_harvey_rowen.html.

 

Friday, April 3, 2009
Professor Samuel W. Buell, Washington University in St. Louis

"Good Faith Is a State of Mind"
Boalt Hall, Dean's Seminar Room
12:30 - 2:00pm *Please note different start and end time for this event.

To listen to an audio recording of this event click here.

This event is co-sponsored with the Berkeley Center for Criminal Justice.
Samuel Buell's writing and teaching focus on criminal law and on the regulatory state, particularly regulation of activity in corporations and financial markets. Buell is a former federal prosecutor who worked on the Enron prosecution. He frequently comments on white collar crime and federal criminal law in the media. He will present "Good Faith Is A State of Mind."  

 

RSVP to Registration or contact Phyliss Martinez at 510.642.0532

The Berkeley Center for Law, Business and the Economy is the hub of Berkeley Law's research and teaching on the impact of law on business and the U.S. and global economies.