Catching Up with BU Law’s MOOC on Compliance

compx_titlecardIn January 2015 the Executive LL.M. office first began work with BU’s Digital Learning Initiative (DLI) at BU, Babak Boghraty (LAW ’89), and a team of dedicated law students on BU Law’s first ever version of a Massive Open Online Course. The end result was a professional MOOC called “Legal Risk Management Strategies for Multinational Enterprises“, offered by edX (formed by Harvard and MIT and in which Boston University is a charter member). The course is a self-paced and extensive examination of the core legal concepts underlying business compliance and corporate accountability, and provides tools for multinational actors and corporations to identify, analyze and mitigate compliance risks in various financial and commercial contexts. Compliance continues to be a dynamic and growing market, and nearly every week brings us examples of another corporation hit with multi-million or even multi-billion dollar liability for compliance-related violations. 2016 brought numerous culminations in enforcement actions by the U.S. Department of Justice and SEC, including resolutions involving Och-Ziff Capital Managment ($412 million), VimpelCom ($397.6 million), Teva Pharmaceuticals ($283 million), and JPMorgan Chase ($264.4 million). As such, it is clear the stakes are large, and the potential pitfalls related to non-compliance are enormous.

The course, designed to provide a wide-ranging foundation,  is divided into four parts: Part I deals with the federal prosecution of business organizations, and examines concepts and doctrines such as imputed culpability, U.S. government sentencing guidelines for organizations, and the risk/reward structure of the compliance paradigm and how it is applied by the government. Part II’s content includes the federal oversight of corporate governance, including the accounting and anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA), the COSO Framework, and the relevance of the Sarbanes Oxley Act; as well as discussion of who and what is covered by the FCPA. Part III focuses on creating and monitoring an effective compliance program; while Part IV discusses the concept of a Responsible Business Enterprise (RBE), OECD Guidelines, and building an in-house ethics program. Registrants who successfully complete the course materials and score 70% or higher on the final multiple-choice examination, which consists of 235 questions, are eligible to receive a professional education certificate issued by edX on behalf of Boston University. Upon completing the course, a student reflected that the course “provided comprehensive coverage on the topic at hand and gave indications of how it could be applied in real life situations.” Another student remarked that it “deepened his understanding of the roots and scope of the FCPA” as well as of other crucial laws and legal regimes related to risk management.

In addition to providing crucial information on effective compliance programs — useful to practitioners just starting out in this field or seeking to tighten up their company’s governance and risk mitigation programs — this professional MOOC is also attractive to practitioners seeking Continuing Legal Education credit, as it has been approved for CLE credits in over 30 jurisdictions: Alabama, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Montana,  Nebraska,  New Mexico, Nevada,  New York,  North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and  Wyoming. For a list of how many credits each eligible jurisdiction offers, please visit the website. In order to be accessible to students who are interested in potentially entering this career field, the MOOC is available at a 50% discount for students (see the course site for details).

Citing a lack of relevant text books in this field, in the interim Mr. Boghraty has also co-authored a book with Professor Tamar Frankel, Introduction to Organizational Compliance and Ethics, which is used as the coursebook for his course Introduction to Risk Management and Compliance taught at the School of Law since last year. BU Law’s commitment to the compliance field is also reflected in a growing compliance curriculum in both the Executive LLM in International Business Law (offering an all-online concentration in Enterprise Risk Management and Compliance) and the Banking and Financial Law LLM (offering a concentration in Compliance Management).

ELLM Alumni Spotlight: Julian Hodda

julian-hoddaJulian Hodda is an Australian trained lawyer and graduated from the Executive LLM in  2015. Julian is currently Senior Counsel at AECOM, a multinational engineering and infrastructure company on the Fortune 500 list.

Julian has a fascinating international professional history. He recently took some time to share his experience as a transnational lawyer and how the Executive LLM has impacted his practice.

What area of the law did you begin practicing in and how has your practice developed over the years?

My career began in the mineral exploration industry in Western Australia, working as a geotechnical diamond driller for a number of years on a 20-days-on, 10-days-off rotating shift schedule. After many long, cold nights and hot days, I decided that I was better suited to an office environment. I then went to study law in Melbourne, Australia. As a part of my law degree, I was required to complete a certain amount of experience and so I started working part-time at Mallesons Stephen Jacques, now known as King & Wood Mallesons.

I stayed with Mallesons for most of my degree as a paralegal in the Projects Department working on power plant projects in the Philippines and China, as well as some power and industrial plant matters in Australia. This was wonderful training and Mallesons was a great law firm to learn at. I then moved to Sydney and continued working in construction and projects law at two other firms. Eventually, I was contacted by my old partners at Mallesons to start up a projects practice for DLA Piper in Dubai. I joined them in June of 2007, just as Dubai was entering warp-speed with its construction boom. I then found myself part of a small team that was working on projects that seemed unreal. Our largest client at the time was Nakheel, a large real estate developer responsible for building the Palm Islands in Dubai.

After 6 months at DLA Piper, I was seconded to Nakheel as an in-house counsel for Projects and Infrastructures and became part of a small team working on some of the most “out there” projects you could imagine. In one of my first work meetings at Nakheel, we were working with our engineering team and a dredging contractor to determine if it was possible and what the impacts would be of remodeling one of the reclaimed islands into the shape of a dolphin. This way, if you flew over it or viewed a satellite imagine of the island, it would be dolphin-shaped. Every day there was something that was totally “out there”.

Like all good things, this job came to an end when the financial crisis hit the Dubaian real estate market. After a short time at another sovereign wealth fund-backed developer, I joined Honeywell at the end of 2009 as Global Contracts Counsel responsible for the Airport Business, a division of Honeywell that developed, manufactured, and installed various airport operating systems. This was a great job that spanned construction, corporate, R&D, IP, and international contracting.

In the early stages of that role, I realized that I wanted to add to my skillset in order to meet the new challenges that came from a new role in a business that included active operations in over 30 countries and legacy operations in many more. I researched various LLM programs available and the BU Executive LLM Program was the best fit. In fact, it was the only one that I applied to given that it was so aligned with what I sought in an LLM program.

Now that you’ve completed the program, how have you found the ELLM curriculum in terms of being useful for what you were facing on the job?

What I learned from the ELLM curriculum was useful from day one. My first subjects were Corporate Finance and U.S. Contract Law. Both gave me a great understanding of things that until then I had a veneer of knowledge. The finance training was excellent and if you are like me and have little formal training in finance matters, I’d strongly recommend it. Every day was filled with “Oh wow, that’s why that’s like that” moments on topics ranging from revenue recognition to understanding financial statements.

The reality is that the composition of the curriculum means that each time you complete a subject, you are putting that knowledge to work straight away. I found this with each of the other subjects I took, such as Intellectual Property, Securities Regulation, and International Business Transactions & Agreements.

You’ve been based across Europe, the Middle East, and East Asia. Can you share some of your experiences in facing these different legal environments and the challenges you have overcome?

The biggest impact comes from leaving a sophisticated and developed—yet somewhat staid—legal system where everyone is risk-adverse and where lawyers dedicate a lot of time to precise language in documents to entering a legal system that develops rapidly within and in response to a dynamic economic situation, where disputes may at times have completely unpredictable outcomes.

Combine this with speed and volume, and that’s pretty overwhelming. One of the last matters I worked on in Australia had me seconded to a client’s project to deal with some outstanding variations, as well as to bring some contract administration discipline. There, I was part of a team involving many industry veterans. In the Middle East and Asia, I would be doing similar tasks, sometimes on my own with no external support and for values I couldn’t understand. For example, during my time at Nakheel, in eight weeks we drafted a project documentation, negotiated the deal, and signed on an 800 M USD project. I suppose this was to be expected when on my first day at Nakheel, my boss at the time told me, “I am really crazy busy and now that you are here, everything for here to here [pointing on a map] is for you to deal with. I don’t want to hear from you unless it’s a major red flag issue.” While it took a bit of time for me to understand what constituted a red flag in his eyes, I understood that I had to learn quickly.

Differences in culture and background can be very interesting to learn, but you also learn very quickly that not everyone thinks the way you do. There are also some issues and problems that, as an Australian working for an American company, I’ve had to accept that I cannot solve, and that sometimes it is better to hand it over to the local team and have them decide—Chinese and Indian problems more often times than not have Chinese and Indian solutions.

Facetime is more valuable than letters and notices, although I’ve learned that people will sometimes end up postponing meetings to after your departure if they learn of your travel plans. I quickly learned that it’s a good idea to keep your travel dates to yourself and give vague answers. I especially learned this from my time in Dubai during its recession; contractors and suppliers posted people to hang out in our reception to hassle us for payment every time someone from a leadership position walked by. It drove us crazy and made us want to accelerate to close out the issue.

Lastly, don’t always trust the local practice advice or the translation of the message. I have changed translators regularly or mid-stream, taken two translators to the same meeting to write notes independently and double-instructed advice to check up on things.

What’s it like being a common law trained lawyer working in very different legal systems?

It’s a pretty fertile ground for mistakes or bad advice unless you make sure you work with those who are qualified in it and make actual efforts to understand the differences and applications! Common law lawyers can be a little bit like a person traveling overseas for the first time and assuming everything will be available to them in the places they are going. If I was to go back and do further study I would look at doing some comparative law. A lot of the world that I have worked in has a civil law system and it is important to make sure you take the right advice and modify your practice accordingly.

What’s behind your latest move back to Abu Dhabi?

I joined AECOM’s Doha office two years ago. Just as AECOM undertook a number of projects, design and construction management was really ramping up. With that ramp-up, many issues arose. We were also employing a large number of people each month and ended up with around 1,300 people in the country. I was lucky to be part of a talented team driving these projects to completion and with a number of these projects now in the final stages and with some additional jurisdictions falling under my responsibility, it seemed like the right time to move across and support some different parts of the business. AECOM is a great company to work for; they design, build, finance, operate, and manage projects and programs around the world. This allows for many opportunities to develop and there are many locations to practice.

You’re one of those people who is constantly on the move for work. How was it balancing the ELLM and your work life?

What really attracted me to the ELLM was the residency component. I find it hard to set time aside to study by correspondence or online, and I like the interactivity of a classroom setting. Although it’s a tough couple of weeks, you get to do a lot of subject material in one go. The Boston time zone/jetlag really worked for me as I was up around 4 AM in the morning to do a few hours of work, catch up on emails, and then prepare for class. I would be in bed by 8 PM and then repeat. Both companies were very good in providing me with some flexibility to attend and work remotely. The assignments are tough and you really have to make the time to complete them. In the end it’s worth it because you learn a lot by completion.

ELLM Flexibility Enhanced– Online Completion Now Possible!

Dear friends—XMAS Terrier

It has been a long time coming, but at last I am able to officially announce the changes to the ELLM residency requirement and our academic regulations. As we posted in October 2016, the ELLM, which since 2011 has proudly been a blended program, will continue to be a blended program but will now also be an entirely-online program! Students who wish to complete the ELLM entirely, or largely, through blended courses will still be able to do so, but the changes afford you even greater scheduling and curricular flexibility. Under these changes, effective immediately, the ELLM degree requirements are as follows:

  • Completion of 20 credits towards the ELLM degree
  • Completion of International Business Transactions and Agreements (3 cr., offered blended or all-online)
  • Completion of US Contract Law and US Corporate Law, unless waived (3 cr. each, offered blended and eventually all-online as well)

We will continue to offer a wide variety of blended courses, complemented by a robust all-online menu of offerings, as well as at least 2 residential sessions per year: Summer Boston and Summer Budapest. We will, from time to time, also offer either a Fall Boston or Spring Boston residential session as well. All-online courses will continue to run throughout the year. In 2017-2018, we will be supplementing out offerings by introducing all-online options for US Contract Law and US Corporate Law, as well as several 1-credit online courses.

The ELLM program currently offers 3 online concentrations, in International Taxation, International Environmental and Energy Law, and Enterprise Risk Management and Compliance, in addition to a Certificate in International Business Law and a Certificate in Enterprise Risk Management and Compliance.

I hope you will be as excited about this change as I am, and invite you to contact us with any questions you might have. I consider this a holiday present of sorts, and hope you will welcome this as a positive development as well. A reminder that our enrollment for Spring Online courses (including International Business Transactions and Agreements, and Transnational Legal Practice) is still open for a short time before registration closes.

 

With all best wishes for the holidays, I remain

Sincerely yours,

Ian

ELLM Alumni Spotlight: Sean Galliher

Sean GalliherWe sat down with January 2016 Executive LLM graduate, Sean Galliher, to learn more about his legal career path and what brought him to the ELLM program. Mr. Galliher is currently the Associate General Counsel at Skechers USA Inc., the three billion dollar performance and lifestyle footwear company based in Manhattan Beach, California.

You’ve worked for the government, in law firms, and now in-house. Can you describe what was behind each of those moves?

After interning to the Counsel to New York Governor Mario Cuomo while in law school, I was offered a full-time position after graduation with the New York State Civil Service Department.  My first boss was a Boston University law graduate who was a phenomenal attorney. After becoming involved with arbitration and mediation while working for New York State, I knew that I wanted to become a trial attorney and eventually moved on to a small trial firm located in Rochester, New York.  While there, I was able to participate in numerous jury trials, argue appeals and get involved in every facet of litigation.  I was involved in personal injury, criminal, and malpractice trials.  I even found myself in a trial involving Amy Fisher and her claim that several prison guards had sexually assaulted her while she was incarcerated at Albion Correctional Facility.  The practice was varied and exciting, but eventually my partner retired and the business was sold to a large personal injury firm and I spent several years consulting with that firm.

I had taken the California bar exam while on vacation one year and had been admitted to practice there in 2001.  After the consulting job ended, a New York law firm hired me in 2006.  I was hired to go to California and work inside Flynt Publications representing Larry Flynt.  This was my first exposure to an actual business environment.  I handled court appearances and motions in the Los Angeles area for his casino and entertainment enterprises.

In order to eliminate the cross-country travel I was doing, and time away from family, I eventually went to work with Skechers USA, Inc. as in-house counsel handling all aspects of the day to day legal business including international law, employment law, insurance and litigation among other issues.

Having such a varied and successful career, what made you decide to go back to school and pursue the Executive LLM?

After many years as a trial lawyer I found myself in a business setting.  Without a solid foundation or background in business, I was forced to learn on the job.  The longer I worked at Skechers and the more their business expanded, the more I began to handle very complex international legal issues.  I felt it would be helpful to get a traditional business education in order to become a more effective attorney in my current role.

Unfortunately, working a full-time job, I thought, made it impossible to get that education.  That is, until I heard about BU’s ELLM program and was very impressed by what I read and heard.  The program was designed in such a way that it allowed me to maintain my busy work schedule and get the formal legal business training I needed to be more efficient in my role as in-house counsel.  The fact that the Law School at Boston University was universally recognized as one of the top law schools in the country only made the program all the more appealing.  I had also worked for and met several attorneys from Boston University* throughout my career and was always impressed by their knowledge and ability.

*On a personal note – I was accepted to go to BU as an undergraduate way back in the early 80’s.  My father had died when I was 7 and my mother had no money. Unfortunately, I was financially unable to go to BU at that time.  I had to go to work and found jobs as a dishwasher and digging ditches in downtown Buffalo.  I married and then joined the Navy and spent the next decade working my way through school and law school, and raising a family.  When this opportunity arose, I was thrilled that after all these years I was able to finally attend and get a degree from BU.  It was very personal for me and I can’t thank you enough for all your help in making it happen.

Now that you’ve finished the Executive LLM, what have you learned or improved on that you find particularly useful at work? Were there any classes or professors that ended up really touching on something you’re facing in the office?

This question is very difficult to answer.  I have found the things that I learned throughout the course of the ELLM constantly coming up in a workplace setting.  For instance, while taking the class in International Mergers and Acquisitions I found myself in the middle of an acquisition of several companies and distributors in South America and Central America.  The very issues we were discussing on a daily basis were suddenly issues I was dealing with professionally.  Professor Sullivan was incredibly knowledgeable and I also relied on the training I received from Professors Wilson, Greiman, Cormier, and Campbell while dealing with different aspects of the deal. The confidence I had, based on the training I was receiving was invaluable in successfully completing the multi-million dollar deal I was involved in.

While in the ELLM program, I was also consulted on an international arbitration situation that involved Skechers, a Russian company and an arbitration in Switzerland.  While studying with Professor O’Neil I took an examination in class and was admitted to the Chartered Institute of Arbitrators in London.  This training allowed me to react accordingly and give sound advice, which helped my company navigate a difficult legal situation.

It would be impossible to single out a specific professor, as they were all incredibly knowledgeable.  In the courses I took while at BU Law, it seemed that every single professor was an expert in their field who had practiced in the area of their expertise.  That kind of background allowed them to impart theoretical training, which was important, but they also were able to teach the application of the material in the real world.  This proved invaluable to me after completing the program.

I think that for any attorney who thinks that they may end up doing international business work, and wants a program that will help them professionally from day one, this program should be the top program for them to consider.  The staff and the people running this program are first rate and they constantly strive to make your time at the university, and the time studying at home, productive and useful.  They consistently work to put you in a position to succeed.  Ian and Zachary were incredibly helpful and instrumental in making the ELLM program the first-rate experience that it is.  This is a program that actually will pay immediate dividends in your professional practice.

What are some of the new challenges and legal issues you’re seeing in your practice areas?

Most of the new challenges that I face revolve around the many international areas that Skechers is entering, or doing business in.  I have dealt with legal issues from Europe to Asia to South America.  Each time a problem arises in a different country, it poses legal issues, communication and cultural issues that you have to learn and react to.  The BU ELLM has been invaluable in helping me to properly approach these problems.  My experience at BU has made me a better attorney and equipped me with skills and resources I have found useful in navigating the challenges posed by the evolving world economy.

Professionally speaking, where do you see yourself five years from now?

I work for a corporation with a wonderful group of people that does business all over the world.  My office is located at the beach in Southern California with a view of the Pacific Ocean.  The job I currently have is both challenging and rewarding.  Hopefully, five years from now I am right here.

Last question, what’s your favorite legal movie and why?

Like most attorneys my age or older “To Kill a Mockingbird” is my favorite legal movie.  I remember watching it and wanting to emulate Atticus Finch (didn’t everybody?).  Made me think being a lawyer would be a great job.

Changes to ELLM Degree Requirements: Program Can Now Be Completed Blended or Entirely Online!

online-certificates-252x252Since 2011, the Executive LL.M. Program has established itself as an innovative program, designed to provide the academic rigor expected of a Boston University LL.M. degree, while also offering the flexibility necessary for domestic and international practitioners to undertake part-time studies.

Over the past five years, we have added two online certificate programs (the Certificate in International Business Law and Certificate in Enterprise Risk Management and Compliance), as well  as three online concentrations (in International Taxation, International Environmental and Energy Law, and Enterprise Risk Management and Compliance). The breadth of the ELLM curriculum has greatly increased over that time, including popular new blended and all-online offerings such as Deals: The Legal Engineering Behind Corporate Transactions; Transnational Legal Practice;  Global Compliance: Introduction and Best Practices; and Global Cyber Law and Governance.

Recently, the Law faculty approved a proposal that would expand the flexibility of the program even further, by removing the ‘residential’ requirement. Currently, the Executive LL.M. Program requires completion of 20 credits in ELLM or ELLM-approved courses, including completion of International Business Transactions and Agreements; U.S. Corporate Law for the International Lawyer (unless waived); U.S. Contract Law for the International Lawyer (unless waived); and 14 credits of residential (blended) courses, consisting of four 3-credit courses and two 1-credit Colloquia in Issues in International Business Law. Typically, students completed two residential sessions, in Boston or Budapest, in order to complete these requirements. Under the current proposal, which is pending official University approval, the ELLM degree requirements would be as follows:

  • completion of 20 ELLM or ELLM-approved courses
  • completion of International Business Transactions and Agreements (3 credits)
  • completion of U.S. Contract Law for the International Lawyer (3 credits), unless waived
  • completion of U.S. Corporate Law for the International Lawyer (3 credits), unless waived

As ELLM courses will continue to be offered in blended and all-online formats, students can therefore complete the program entirely through blended courses, entirely online, or through a mixture of the two. We will continue to offer two or more residential sessions per year (Summer Boston and Summer Budapest, in addition to occasionally offering Spring Boston and/or Fall Boston sessions). The Colloquia will be optional and will still count for credit, and will be offered in every residential session in which minimum registration numbers are met. To assist students in fulfilling the degree requirements via online courses, International Business Transactions and Agreements will continue to be offered in both blended and all-online format. In addition, U.S. Contract Law and U.S. Corporate Law will be offered in alternate years in both blended and all-online format. Additional all-online offerings will be added, including an online version of the Colloquia series, and a 1-credit course in Introduction to the American Legal System (designed for foreign-trained and non-lawyers).

These changes will allow students to have the best of both worlds: the blended format so popular with our students will remain, while removal of the residential requirement will enhance flexibility and better allow students to take the courses most useful to them, in the format and at the time most advantageous to them. It is anticipated that final University approval will be granted in mid-spring 2017.

ELLM Alumni Spotlight: Limei Mo

图片1_1Limei Mo graduated from the Executive LLM program in September 2015. After graduation, she accepted an offer from BlackRock, the largest asset manager in the world. Limei is currently the Head of Legal, Compliance and Risk for BlackRock in China.

In this new role, Limei will provide legal, compliance and risk oversight to the asset manager’s business in China. She also acts as a key stakeholder to participate in the regulatory development of China’s asset management industry, and in particular in its gradual opening up to foreign asset managers. 

Talking about her recent career move, Limei explained that although she has substantial knowledge and experience with Chinese financial institutions and China’s regulatory evolution, the ELLM program played a vital part in her gaining the qualifications and competencies needed to join the giant asset manager.

Limei explains, “the ELLM program gave me the ability to explore and understand issues both from a Chinese perspective and an international perspective. The program also enabled me to overcome the communication gaps I had with colleagues from all over the globe, and to function effectively as the bridge between China and western countries.”

Although Limei, as a Chinese national, often felt uneasy and even embarrassed by the multiple high-profile cases in compliance class that originated out of China, what she learned from the course eventually gave her a solid understanding of the FCPA regime and the SEC and DOJ’s rationale behind the enforcement actions. Such take-aways will undoubtedly give her the ability to develop a strong compliance program in the organization and put her in a better position to negotiate anti-bribery and corruption clauses with the local vendors and distributors.

When asked which course she thinks was the most useful to her work, Limei responded that all the courses are relevant to her job one way or another, including U.S. and Trans-border Securities Regulation, U.S. Corporate Law for the International Lawyer, and U.S. and International Intellectual Property Law.

While Limei was very impressed by the courses she attended and the professors she got to know during the program, Limei specifically mentioned Professor Pettit’s course, U.S. Contract Law for the International Lawyer. The case method used in the course, covering 40 contract cases highlighting fundamental principles in common law contracts, was a new experience for Limei compared to her LLB studies in China, which is much closer to a civil law system.  The way professor Pettit articulates and induces the student to explore the issues is something that Limei had never experienced in her LLB studies. The solid foundation and in-depth understanding of the basic legal principles will help Limei better negotiate contracts with her counterparts as well as allow her to better translate certain terms in common law contracts into a civil law context.

Limei at the 2016 BU Law Graduation ceremony.

Limei at the 2016 BU Law Graduation ceremony.

When talking about of the new challenges of her position, Limei commented that BlackRock is a very fast moving company. In fact, one senior executive who has been with the firm for many years shared with Limei her own experience–namely that she felt as if she was working in a new firm every three years. The big jump from banking to the asset management industry, coupled with fast regulatory changes in a performance-driven firm, Limei found herself swamped with numerous e-mails, meetings, and very long memos and legal documentation. Her biggest hope – in addition to settling down into the new environment – is to resume her normal life and go to three yoga classes every week.

Professor Greiman Chats about Cyberspace and Law

Professor Greiman sharing her views with the Boston Globe on choosing a master developer for a proposed mega-project in the South Boston/South End area.

This fall Professor Virginia Greiman will be leading the inaugural class of her new course, Global Cyber Law and Governance. We are pleased to offer this strategic and innovative new offering to the ELLM curriculum due to the wide-ranging legal issues involving cyberspace, which we believe are of vital and practical importance to the practitioners in our program. Given the topic, as well as Professor Greiman’s well-deserved reputation as a first-rate instructor and subject matter expert, we are confident it will prove to be a popular new offering! This course will also count towards the Certificate and the Concentration in Enterprise Risk Management and Compliance.

Professor Greiman offers the following remarks on why cyber law is so important today and what she hopes to accomplish with her new course:

The rapidly changing global cyber environment is raising questions for lawyers, policymakers, consumers, national security specialists, private sector businesses and the international community about how we manage and govern this new domain of cyberspace.   The sheer number of users of the Internet has grown to over 3.2 billion in 2015 and is expected to reach 4.7 billion by 2025, including rapid expansion in the developing world.  As widely noted in the media and literature, this requires a focus on predictability, stability and security in the governance of cyberspace.

Global Cyber Law and Governance is a unique course in that it covers a broad range of issues that impact people and organizations worldwide on a daily basis. Cyberspace operates in a dynamic paradigm. Control over national security, criminal conduct, critical infrastructures, global financial services, competitive strategy, medical records, trade and development, intellectual property, privacy and a host of other important rights and responsibilities are governed by a paradigm that is conducted in the virtual world. The course explores the unique characteristics of cyberspace and the existing legal concepts and doctrines for national intelligence, intellectual property protection, and privacy. Additionally, we will examine the conceptual legal structure for balancing the triumvirate of national security, cyber competitiveness, and civil liberties.

Cyber-attacks on the Bangladesh banking system, the Estonian government, the United States Office of Personnel Management, the JP Morgan and Chase data breaches, and corporate espionage (including Operation Aroura and the cyber attacks on Sony Pictures Entertainment) will be discussed and analyzed from the perspective of the legal and regulatory environment and the important lessons learned.

The paradox of national intelligence, cyber competitiveness, and privacy raises vital questions of policy and doctrine as to the troubling problems of attribution, legal borders, forensic capabilities, and self-defense under Article 51 of the United Nations Charter.  A global legal framework that balances national, corporate and private interests will be examined to find solutions to improving legal certainty in the global marketplace.

This course is essential for every lawyer whether the focus of their practice is corporate, torts, contract law, or civil or criminal litigation.  Cyber law permeates every aspect of our daily lives and influences social change, the global markets, consumer regulation in cyber space, criminal activity and protection of intellectual property, and trade secrets across borders.  NATO has recognized the importance of the growing concern over cyber threats as has almost every government and military organization in the world.  This course will focus on the best practices and norms in cyber law adopted by industries and governments worldwide.  Today’s lawyers must be prepared to assist their clients in developing and implementing these best practices and governance structures for privacy and data protection to build a stronger, safer and more secure cyber environment for all.

~ Professor Greiman

Certificate in Enterprise Risk Management and Compliance Now Official!

Last week the Executive LL.M. office received official ABA acquiescence in our newest offering, the Certificate in Enterprise Risk Management and Compliance, or ‘CERMC’ for short. Our second online certificate, following the Certificate in International Business Law (CIBL) launched in April 2016, the Certificate provides another flexible offering to Boston University School of Law graduate students. The CERMC has already attracted a gratifying level of interest and applications, and is both a logical as well as attractive addition to the ELLM portfolio, providing another flexible and marketable credential to meet the professional needs of global practitioners. “The certificate represents the perfect marriage between the School of Law and Metropolitan College’s subject matter expertise, and meets a market need in this fast-growing and dynamic field that has become of increasing relevance to practitioners in every jurisdiction,” says Ian C. Pilarczyk, director of BU Law’s Executive LLM in International Business Law program. “The courses provide real-world, practical knowledge delivered in a format that enhances students’ ability to incorporate study into their professional lives, while also providing a valued professional credential that may enhance their professional standing.”

Similar in content and structure to our Concentration in Enterprise Risk Management and Compliance, the CERMC is a collaborative effort between the School of Law and the MET College at Boston University, leveraging subject matter experts from both colleges in this dynamic and expanding field. The Certificate consists of four courses of three credits each (for a total of twelve credits), to be taken from the following basket:

  • Enterprise Risk Management (LAW, 7 week intensive course)
  • Enterprise Risk Planning and Compliance (LAW, 7 week intensive course)
  • Enterprise Risk Analytics (LAW, 7 week intensive course)
  • Global Compliance: Introduction and Best Practices (LAW, 14 week course)
  • Global Cyber Law and Governance (LAW, 14 week course)
  • Directed Study in Compliance (LAW, 14 week course)

There are no formal requirements or prerequisites for completion of the CERMC, although all courses must be completed with an overall CGPA of 3.o (‘B’) and with no grades below a ‘C’. Recipients of the CERMC may apply the 12 credits towards equivalent advanced standing in the ELLM. Candidates without extensive work experience, who are otherwise academically qualified, may be considered for the CERMC and upon successful completion of the Certificate may be accepted into the ELLM program. All ELLM or non-degree students may also complete any of these courses individually, as desired.

In addition to the two certificates and the Concentration in Enterprise Risk Management and Compliance, the ELLM program also offers two other concentrations, in International Environmental and Energy Law, and International Taxation.

Applications for these certificates and the ELLM program are accepted year-round, and we offer multiple starting points for enrollment throughout the year. For more information on the CERMC or how to apply, you may visit our website, read our press release, or of course contact our office directly at execllm@bu.edu. We are also happy to schedule an informational webinar at your convenience to discuss the ELLM or our certificate programs.

We look forward to hearing from you!

Fourth Annual Budapest Session Concluded

June 2016 marked the 4th Budapest Session of the Executive LL.M. in International Business Law program, with eight students attending studying alongside their colleagues from ELTE Law School (Budapest) and Lazarski University (Warsaw). The courses offered were Contract Law for International Lawyers by Professor Mark Pettit, and U.S. and International Intellectual Property by Professor Stacey Dogan.

Prof. Mark Pettit during a break from his course.

Prof. Mark Pettit during a break from his course.

A central feature of our residential sessions in Boston and Budapest is the Current Issues in International Business Law colloquium series, featuring an array of subject matter experts speaking on a broad range of topics. Some highlights from this year’s residency:

Maté Borbas, a partner in SBGK law firm which has represented the owner of the rights to Rubik’s Cube (invented by a Hungarian) for 30 years. Dr. Borbas discussed the continuous patent and trademark infringement litigation involving the Cube since the 1980s in Europe, the United States, and Asia. Maté’s firm is awaiting a decision by the European Court of Justice on one of its major Cube cases. The original patent has long expired, but trademark issues remain, as does the issue of infringement of the copyright that protects Emö Rubik’s work.

Péter Szabo, partner, Bán, S Szabo & Partners, is secretary of the Hungarian Bar and a member of the Hungarian delegation to the Council of Bars and Law Societies of Europe (CCBE). He discussed the activities allowed to foreign lawyers in Hungary and the changes in the Hungarian legal profession since the fall of Communism. Before Communism collapsed in Hungary there were 2,000 lawyers, but within a few years that had grown sixfold, mainly due to influx from the U.S. and U.K. A major issue for the practice of law in the European Union is the development of uniform rules that regulate non-EU lawyers. The CCBE has been in the forefront of that effort but, as Péter noted, a solution has thus far eluded the EU.

Laurent Niddam, an Attorney at Law in private practice in Budapest and Fellow of the Chartered Institute of Arbitrators, spoke of the ‘rationality of irrationality’ as a concept in arbitration specifically, and in legal practice in general. In short, this refers to examining the internal logic (or ‘interests’, as it is often spoken of in ADR) of individuals or groups whose acts seem on their face to be irrational. Likewise, it is important for legal practitioners to excavate the interests or underlying motives when party to a negotiation or commercial discussions.

Laurent Niddam

Laurent Niddam

 David S. Dederick, Managing Partner at Well, Gotsha and Manges, has been involved in international M&A and private equity transactions in Hungary since the early years of Hungary’s transition to a free market economy. He shared his two decades’ experience in this field, which intersected with the period during which Hungary was the premier destination for investment in Central and East Europe (CEE) which he said he continued to find greatly rewarding largely because it is “very exciting to witness the evolution of a business”, as many private equity transactions in which he was involved (including the priviitization of the Budapest airport, the restructuring of GE Hungary, the sale of Euromedic) reflected tremendous asset growth. One issue he flagged that was raised by the current uncertainty triggered by the “Brexit”— U.K.’s exit from the EU — is whether the primacy of U.K. law in commercial transactions in Central and Eastern Europe would not be supplanted by U.S. or other law.

Orsolya Gorgenyi

Orsolya Gorgenyi

Orsolya Gorgenyi, Partner at Scezskay Attorneys at Law and President of the International Association of Young Lawyers (AIJA), gave a talk entitled “When ‘Yes Yes’ Might Mean ‘No No'”, focusing on culturally-related factors that could adversely impact the success of international negotiations with Asian partners. As an example, she pointed to the Chinese saying that “it is not about ‘knowhow’, it is about ‘knowwho'”, reflecting the importance placed on personal relationships in business.

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Coming this fall: Global Compliance

Sidd PattanayakBy Sidd Pattanayak:

I’m excited to be teaching Global Compliance: Introduction and Best Practices this fall, mainly as the topic is not only timely for lawyers and their clients, but also for the general public.

Just take a look at the home pages of newspapers such as the New York Times, Le Monde and the South China Morning Post, and you’ll see daily articles about corruption investigations involving senior governmental officials and multinational companies, money laundering cases involving prominent banks, sanctions changes and violations, data privacy breaches, and other compliance-related scandals.

You don’t have to represent a large multinational conglomerate to know that compliance issues affect everyone in this era of globalization.   An American company that uses third party international distributors has to be mindful of FCPA/UK Bribery Act exposure.  A Chinese conglomerate acquiring a European chemical company has to consider the impact of EU antitrust review.   A website operated in Australia has to consider whether they are adequately protecting their users’ data not only in their home country, but users in faraway continents.

Those are just a few examples of how compliance affects almost everyone around the world.  Of course, it is impossible to become an expert on literally hundreds of thousands of compliance laws in jurisdictions from Albania to Zaire.   The key is to have a consistent, holistic approach to dealing with compliance issues, big and small.

That is the primary focus of this course – how lawyers and their clients can find an approach or “best practice” with respect to these issues.  We will do a general survey of some of the key “alphabet soup” statutes – FCPA, UK Bribery Act, OFAC, and other prominent laws.  Then we’ll look at some case studies of prominent companies and other organizations, including Google, HSBC, Wal-Mart and others, and take away learnings that students can use in their field of practice, enhancing their professional skills while adding value to their employers.

Students will be evaluated primarily on their approach to hypotheticals – whether it’s how to set forth guidelines for local salespersons regarding FCPA compliance, preparing a memo for a client’s CEO about senior management liability, or how simply to respond to their client’s chief financial officer, who wants to set aside a reserve for potential regulatory violations.

I look forward to a robust discussion among students on the discussion boards about what they think a “best practice” is, based on their own personal experiences (good and bad).  Sharing of these experiences, along with the other elements in the course, will help students craft their own best practice approaches for tackling global compliance issues in the best manner possible. 

Professor Pattanayak’s course, Global Compliance: Introduction and Best Practices, is offered in the all-online format this fall 2016. The course is an elective in the Executive LLM curriculum and is a core course in both the Concentration in Enterprise Risk Management and Compliance as well as the Certificate in Enterprise Risk Management and Compliance.