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.

The ‘rationality of the irrational’

P1030548This summer’s Executive LL.M. Budapest session kicked-off this week. Friday’s colloquium speaker was Laurent Niddam, Attorney at Law and a Fellow in the Chartered Institute of Arbitrators.

The topic was the ‘rationality of the irrational’ –specifically, the importance to legal practitioners in excavating the underlying motives or internal logic (often referred to as ‘interests’ In ADR) of others when their actions appear irrational on the surface. As some audience members pointed out, this topic may be particularly timely given the backdrop of the Brexit vote in the U.K.

ELLM Alumni Spotlight: Fernando Barros

2015-06c (2)Connect with Fernando via LinkedIn.

Fernando Barros is a recent graduate of the Executive LLM program. He also recently accepted a transfer to the U.S. as an expansion in his role as the head of the Latin American Legal Department at Hitachi Data Systems, an American company. In his new position, in addition to overseeing all of Hitachi’s legal matters in Latin America, Fernando now also works closely with the company’s U.S.-based negotiation team.

In a nod to the ELLM, Fernando explained that, “the ELLM was definitely a factor in the expansion of my role. It demonstrated to my boss that I was motivated to further myself professionally and that I could handle additional responsibilities.”

A six-year employee of Hitachi, Fernando’s transfer prompted him to uproot his life six months ago, moving from the mega-city of Sao Paulo to the suburbs of mountainous Denver, Colorado. In his new role, Fernando is getting involved in the intricacies of contract negotiation in the U.S, understanding how it is approached in common law, in contrast with approaches typical in civil law.

Fernando credits Professor Pettit’s course on Contract Law with giving him a firm basis for understanding and negotiating the Hitachi contracts that he now deals with as well as allowing him to better translate what certain terms in common law contracts mean for civil law jurisdictions. Other courses that Fernando found particularly useful were IP Law and Compliance Law. Because Hitachi is an IT company, Fernando runs into IP issues all the time, and having a foundation in the U.S. jurisprudence on things like trademarks, copyrights, patents, and trade secrets has reduced the learning curve in his new position. Fernando is also confronted with developing compliance measures within his company, so having a firm understanding of the existing compliance benchmarks is critical in both upholding the company’s policies and in advocating in favor of ethical behavior.

In addition to his expanded professional responsibilities, Fernando is also adjusting to American culture both in and outside of the workplace. Fernando noted that for a Brazilian used to a city that is constantly alive and bustling, the quiet of American suburban life takes some adjusting to. Also, he finds it interesting how his American colleagues eat by themselves at their desks for lunch, while in Brazil and all around Latin America he and his co-workers would always go out to lunch together. It certainly sounds like Denver could use a couple more Brazilians! He is also learning to live in a place where it snows. Surprisingly, he doesn’t mind shoveling on occasion. And in addition to his favorite beer, Sam Adams, he is now also a fan of Colorado Native.

We wish Fernando all the best in his new position and city.

Professor Stacey Dogan Talks Patents, Compulsory Licenses, and Geopolitics with the Executive LLM

s-dogan

BU Law’s ELLM program was pleased to welcome Professor Stacey Dogan as our first colloquium speaker for 2016. On March 7th Professor Dogan, who teaches Intellectual Property in the JD and ELLM programs, gave a brief introduction on patent law and then focused the discussion on the legal and geopolitical impact of Article 31 of the TRIPS agreement, which allows countries to grant compulsory patent licenses in certain circumstances. The colloquium series, a central component of the ELLM program, features subject matter experts who address a wide range of areas broadly related to international business law.

The TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) is a major international treaty on intellectual property law. TRIPS signatories – which include most countries in the industrialized and developing world – promise to provide baseline levels of IP protection, and to grant citizens of other signatories the same rights as their own citizens.  They also agree to provide effective enforcement of IP rights. While TRIPS went into effect in 1995, developing and least developed countries had a phase-in period to comply with its provisions, especially with respect to patent law. As a result, Article 31 is only now beginning to be tested, as governments have only recently begun to grant compulsory licenses pursuant to its terms.

Professor Dogan and the ELLM students discussed the impact of TRIPS among developing and developed nations and the legal requirements that Article 31 established for implementing compulsory licenses. The class discussed the ongoing tension between countries seeking to use the flexibilities built into TRIPS, on the one hand, and pharmaceutical firms in the US, Europe, and Japan, who have pushed for stronger patent rights and limits on compulsory licensing. Professor Dogan also discussed the US Trade Representative’s use of its Special 301 reports to pressure governments to enhance and enforce IP rights, and the increased push for “TRIPS-plus” treaties that bind signatories to amend their IP laws in ways that exceed the requirements of TRIPS.

As the U.S. and Europe continue to enter into TRIPS-plus agreements, and as TRIPS signatories continue to develop compulsory licensing laws under Article 31, this area of the law will continue to develop dynamically. Professor Dogan will be teaching US and International Intellectual Property Law this summer in the ELLM’s blended-online session in Budapest. For more information on Professor Dogan’s course and other ELLM course offerings, please see the ELLM Curriculum.

Dogan

Professor Dogan guest lecturing in the Executive LLM International Business Law colloquium series.

Professor Dogan is a leading scholar in intellectual property and competition law.

Her recent articles explore cutting-edge topics in trademark, copyright, and right of publicity law, including questions of intermediary liability, the rights of trademark parodists, and evolving norms underlying trademark law. 

 

Professor Dogan’s SSRN Author Page and Google Scholar Page.

 

ELLM Program Branches Out: Presenting the Certificate in International Business Law!

In late December the University approved the Executive LL.M. Program’s (ELLM) first certificate, the Certificate in International Business Law (CIBL). Consisting of any four ‘core’ courses from the ELLM’s expansive curriculum, the CIBL allows for another innovative and flexible offering from the ELLM’s growing portfolio.

The CIBL is the first in what is envisioned as a number of free-standing certificates. The CIBL consists of four courses (12 credits) of ELLM courses, offered either blended or online, and meets a need for executive-style education for practitioners interested in international business law. We anticipate that the CIBL will be attractive to a wide-range of practitioners including those who desire to enhance their knowledge and credentials without completing an entire LL.M. program,  who seek prospective admission to the ELLM pending successful completion of the CIBL, as well as those who are not able to attend any courses with residential components. The CIBL, if desired, would allow these students to obtain the credential entirely online. “I’m confident that this will be seen as yet another innovative offering by the ELLM program, that both meets a market need and provides a desirable and rigorous legal credential”, says Ian C. Pilarczyk, director of the ELLM Program. “I envision that this will be the first in a number of certificate offerings, making our courses available to an even-larger universe of talented and driven global practitioners.”

The requirements for the CIBL are:

  • completion of a minimum of 12 credits from the ELLM curriculum, consisting of 4 courses;
  • completion of International Business Transactions and Agreements;
  • completion of all courses with an overall GPA of 3.0 (“B”) with a grade of “C” or better in all courses taken.

Students will have 18 months (with a possible extension of 6 months for extenuating circumstances) to complete the CIBL. Tuition will be charged at the prevailing ELLM rate, and no scholarships will be available for the CIBL. The same admissions standards for the CIBL will be applied as are used for the ELLM, but we will be  more flexible with respect to the work experience requirement. Students who complete the CIBL will be eligible for advanced standing in the ELLM, should they be accepted through our regular admissions process.

Currently, the courses open to students in the CIBL are:

  • U.S. Contract Law for International Lawyers
  • U.S. Corporate Law for International Lawyers
  • U.S. and Trans-Border Securities Regulation
  • U.S. and Trans-Border Mergers and Acquisitions
  • Corporate Finance with U.S. and International Reporting
  • International Business Transactions and Agreements (available blended and online)
  • U.S. and International Intellectual Property
  • International Arbitration
  • Global Compliance: Introduction and Best Practices (online; available Spring 2017)
  • Deals: The Legal Engineering Behind Corporate Transactions
  • Transnational Legal Practice (online)
  • Global Cyber Law and Governance (online; available Fall 2016)
  • Directed Study

The CIBL was approved by Boston University in December 2015 and is currently pending ABA acquiescence. Applications to the CIBL are now being accepted. For more information on the program, please visit our website or email us at execllm@bu.edu. Read more about the CIBL in the BU Law News Press Release.

Environmental and Energy Law: A Growth Area

A recent article in the National Jurist entitled “Environmental, Energy law remain strong” reinforced for us what we at the ELLM already knew: that these two related areas remain areas of robust current and future growth. Moreover, we believe these areas are of increasing importance to international lawyers who work in other fields. “Issues around energy transcend borders of time, place, or subject”, says ELLM director Ian C. Pilarczyk. “Does anyone doubt, for example, that energy can implicate national security concerns? Energy and the environment have an evident and obvious relevance to global business and law, and courses in these areas accordingly have a great deal of practical utility to practitioners employed in a wide range of different sectors and in varied capacities.”

Introduced in 2013, the ELLM’s concentration in International Environmental and Energy Law (IEEL) was designed to meet this practical need, and the courses have proven to be popular with ELLM students. A result of a partnership between BU LAW and Vermont Law School, the country’s top ranked law school for environmental law, as of January 2016 nine students have taken courses offered in this basket. “While relatively few have chosen to pursue the concentration, the courses in Environmental Law, Oil & Gas, and Alternative Fuels and Renewable Energy have proven particularly popular”, says Pilarczyk. (You can read one of our graduate’s perspectives on the Environmental Law course, posted in 2014, on our blog).

For more information on these courses or the IEEL concentration, please visit our website (BU LAW’s new, redesigned website, point of fact!) or email us at execllm@bu.edu. As always, we welcome your referrals of qualified potential applicants to our program. We also love to hear about your personal and professional updates, so please stay in touch!

Holiday Greetings from Boston University School of Law

This year we were moved by the Dean’s message, and so rather than create our own message, we wanted to send this along instead. We are fortunate to have the opportunity to know such a diverse, interesting and enthusiastic student body and we therefore count you as among the many things for which we are thankful. Our best wishes for the holidays, to you and your families, from both of us.

Sincerely,

Ian C. Pilarczyk
Director, Executive LL.M. in International Business Law

Zachary H. Wang
Assistant Director, Executive LL.M. in International Business Law

holiday greeting

header divide

Dear BU Law community,

Now that all of the exams are almost over and all of the papers almost written, it is fitting to take a moment to relax and celebrate the holidays. Yes, even in a world that—despite all of its technological progress—still daily demonstrates in the most tragic ways an inability to embrace our common humanity, it is worth remembering all of the blessings we have and to celebrate them with family and friends. When the holidays are over, the shiny lights dimmed, and the New Year’s parties silenced, our real work begins:

To find the lost,
to heal the broken,
to release the prisoner,
to rebuild the nations,
to bring peace among the people,
to make music in the heart.

That quotation is from Dr. Howard Thurman, longtime dean of Boston University’s Marsh Chapel, a place of inclusion for peoples of all faiths or none at all.

And in his spirit and on behalf of Boston University School of Law, I wish you all the peace, joy, and hope of the holiday season and look forward to seeing you in 2016.

My best,

Maureen A. O’Rourke
Dean, Michaels Faculty Research Scholar, and Professor of Law