Alvaro Ceballos Publishes Article on the Supranational Jurisdiction of the Andean Tribunal for Commercial Arbitration in Colombia

suarezExecutive LL.M. student, Alvaro Ceballos Suarez, recently published an article in Revista Confluencia (issn: 2346-1047).

Abstract: (article in Spanish)

SUPRANATIONAL JURISDICTION OF THE ANDEAN TRIBUNAL FOR COMMERCIAL ARBITRATIONS IN COLOMBIA

The main purpose of the research is briefing to the readers about a new exiting way in Colombia to handle the commercial arbitrations. The Andean Community is a customs union comprising the South American countries of Bolivia, Colombia, Ecuador, and Peru.

The Andean Tribunal is the legal branch of the internal organization of the community in charge of the rules to unify the jurisdictions of the country members. In the efforts to amalgamate the diverse local laws (base in the civil legal system) the Andean Tribunal stated the “pre judicial interpretation” as mandatory policy for the local courts of each country to ask in a preliminary basis to the Andean Tribunal for the interpretation of the supranational rules when the litigation case involves issues ruled by the Andean Community. This legal step must be follow by local judges before the award or judicial decision. Otherwise, a breach of the Andean legal framework will take place.

In the article published by the Arbitration Center of the Chamber of Commerce Magazine, Mr. Ceballos summarized the legal arguments of a recent case in which a Colombian Court (Consejo de Estado) declared the nullity of some awards of commercial arbitrations because the lack of the pre judicial interpretation. This relevant antecedent means that the integration of the transnational legal system of the Andean Countries became a real legal issue rather than academic discussion.

ELLM Summer Session 2015 – Lunch Workshops

This past summer we had a great lineup of speakers at our colloquium luncheons in Budapest and Boston. Below are just a few of the speakers who shared their thoughts on a current issue within their area of expertise.

Zoltán Hegymegi-Barakonyi is the managing partner of the Budapest Baker & McKenzie office, where he heads the antitrust and competition practice. He is also the vice-president of the Hungarian Competition Association and a member of the Scientific Board of the Competition Law Research Institute at Pázmány Péter Catholic University, where he lectures in the postgraduate competition law course. He practices law in Hungary as well as at the European Union level, including the European Commission and the Court of Justice. Zoltán shared his thoughts with us on upcoming competition law legislation that will affect the compliance obligations for small and medium sized enterprises.

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Robert (USA), Nana (Ghana), Zoltan, Madie (South Africa), Dennis Campbell (Director Center for International Legal Studies)

Marcell S. Clark, partner in the Bratislava (Slovakia) office of Dentons, the world’s largest law firm, addressed ELLM students. He spoke on the adverse impact that sanctions imposed on Russia had on Central and East European real estate financing, specifically in the case of Hungary.

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John Terpinas, FBI agent and Director of the International Law Enforcement Academy, European branch, discussed public corruption, the rule of law, and counter-terrorism during the ELLM Colloquium. The ILEA is funded by the State Department and assists U.S. allies in training law enforcement officials.

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Professor Cornelius Hurley has over 35 years of diversified legal, entrepreneurial, and academic experience in the financial sector. His teaching and research interests focus upon the interactions between finance and the real economy. He serves an independent director of Computershare Trust Company, N.A., an element of one of the global leaders in the transfer agent business, and of the Federal Home Loan Bank of Boston, one of the three so-called “GSEs.” Professor Hurley shared his thoughts regarding new legislation governing banks that are too big to fail.

Professor Cornelius Hurley has over 35 years of diversified legal, entrepreneurial, and academic experience in the financial sector. His teaching and research interests focus upon the interactions between finance and the real economy. He serves an independent director of Computershare Trust Company, N.A., an element of one of the global leaders in the transfer agent business, and of the Federal Home Loan Bank of Boston, one of the three so-called "GSEs." Professor Hurley shared his thoughts regarding new legislation governing banks that are too big to fail.

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Scenes from the 2015 BU School of Law Graduation

The past May the Executive LL.M. graduated its largest class yet. The 2015 graduating class was represented by 17 graduates originating from 12 different countries. Those who were able to come to Boston to attend the graduation ceremony included:

Vincent Constantin , Michel André De Preter , Nadine D. Elkhoury, Julian Robert Hodda, Arthur Langford III, Sutadi Ng, Maria de los Angeles Purcell Burotto, and Anna Townes. Alexander Russell, ELLM ’14, completed his Banking and Financial Law LL.M. from BU (congratulations, Alex!) Some of these intrepid graduates traveled extremely far to join us, including Julian (Australia) and Sutadi (Indonesia)

Congratulations once again to all of our graduates, and welcome to our family of alumni!

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Dean O’Rourke addresses the 2015 BU School of Law graduates.

 

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Arthur, Vincent, and Michel

 

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Sutadi, Director Ian Pilarczyk, and Nadine

 

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Maria, Anna, and Nadine

 

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Michel, Julian, Vincent, Anna, Sutadi, Maria, Nadine, Arthur, Alex (ELLM ’14, BFL ’15)

 

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Michel, Julian, and Alex

 

International Arbitration: The Executive LL.M. is now a CIArb Recognized Course Provider

ciarbThe Executive LL.M. in International Business Law is proud to announce that International Arbitration, taught by Lecturer Philip O’Neill, is now a recognized course by the CIArb. Students who complete International Arbitration will now be able to exempt themselves from Module 2 at the Member Level of the CIArb’s training pathway.

In addition to gaining a meaningful credential, CIArb members also are afforded a variety of benefits, including access to CIArb branches and resources.

From the CIArb About Page:

“The Chartered Institute of Arbitrators (CIArb) is a leading professional membership organisation representing the interests of alternative dispute practitioners worldwide. With over 13,000 members located in more than 120 countries, CIArb supports the global promotion, facilitation and development of all forms of private dispute resolution. As a not-for-profit, UK registered charity, CIArb works in the public interest through an international network of 37 branches.”

A student who wishes to claim the exemption from Module 2 should submit the transcripts necessary to show that the student: i) took International Arbitration as part of the ELLM; and ii) has obtained a law degree. If you have any questions regarding the above, please feel free to contact the ELLM Office (execllm@bu.edu).

Transnational Legal Practice Now Open for Registration!

We are always excited to announce program enhancements and new curricular offerings as part of our commitment to offering a robust and practical LL.M. program that is of benefit to a wide range of practitioners. New courses are frequently added.

globe_set_grey-178x178Some time ago we announced the creation of an exciting new course with wide applicability to many of our students: Transnational Legal Practice. This new online offering focuses of many of the core competencies and issues that form an integral part of doing business abroad, either as a U.S. trained lawyer involved in foreign transactions, or as a foreign-trained lawyer involved in U.S. transactions or working with American practitioners and clients. The instructor, Dennis Campbell, Executive Director of the Center for International Legal Studies in Austria, and his son and fellow legal academic Christopher Campbell, bring a wealth of experience and expertise to this new course offering. To give you just a taste of what this course offers, Dennis offers the following thoughts:

How does a lawyer negotiate the challenges of a crossborder practice? Does a Canadian lawyer run afoul of local practice rules when he or she flies to Tokyo to offer legal assistance in a merger and acquisition? Is an American lawyer equipped to evaluate the qualifications of the Spanish or German lawyer to whom a client will be entrusted? There are many pitfalls in the crossborder practice of law, and some have dramatic consequences.

In France, the act of exporting documents or responding to discovery requests is a criminal offense. The French Supreme Court recently confirmed that a French attorney was subject to a fine of €10,000 for cooperating with American discovery requests. This is but one example of the issues that confront lawyers whose work carries them beyond the borders of the countries in which they are admitted to practice. In Transnational Legal Practice, we will consider the role of the crossborder lawyer and how he or she can best navigate among what sometimes are conflicting responsibilities.

This course will be offered in September as part of our Fall Online curriculum; you can find a course description and syllabus here. The deadline for registration is August 21, 2015, with the course opening at the beginning of September and running until early December. Please contact us at execllm@bu.edu with any questions, and we hope you will join us for this stimulating and useful addition to our curriculum!

Checking-in With the ELLM’s First Graduates

Dear friends of the ELLM–

In this blog, we do something a little different: we are checking-in with 2 of our first graduates from the program, both graduates from 2012, who share their experiences with the ELLM and what they have been up to since then.

First, let’s visit with Marini from Jakarta, Indonesia:

marini“I think it is appropriate to congratulate you and your team for running a great program. If I had to sign up and do it all over again, I would do it on a heartbeat. For me personally, the Executive LL.M is all about the experience. I had always wanted to study in the U.S but never had a chance until BU accepted me in the program.  In those 2 1/2 months of residency, not only did I gain knowledge about subjects that weren’t too familiar for me then but I have met interesting people which some became very good friends. 

On the professional side, since July 2014, I am managing partner of Legisperitus Lawyers, a startup law firm which is the result of a merger between my old firm Alfredo Associates and another firm called LADVO. Our firm has affiliate offices in 82 countries across the globe within the Advoc network, an international network of independent law firms. We have Robinson & Cole as our member firm in Boston and the fact that I am a BU graduate helped a lot in some conversations with their lawyers. 

If there is one subject taught in the program that is still very applicable in my current work, it is IBTA, and perhaps also Corporate Law. Quite often I found myself looking back to the notes I made during Prof. Greiman’s class whenever I had to draft a contract. I also found what Prof. Outterson taught us in Corp Law class can be very handy when I tried to explain how Indonesian corporate structure is different than corporate structure adapted in most countries, including the U.S.” Connect with Marini.

jeffrey-gitto-profile-mNext up is Jeff, an American lawyer and entrepreneur who resides in Miami, who also updated us on the past few years. “Since graduation I have expanded my company brand to over ten hospitality venues (from 4). It has been a challenge, to be frank….I have shed a venue and learned a few hard lessons about private equity, but pioneered on. I started a law firm and have been dating an attorney who also is a local news analyst for a large local firm, with a few CNN and Al Jeezera stints, for the last year.

I just hired a large marketing company to update our global digital footprint.” Jeff adds that “I have definitely been in touch with our classmates. I have also kept in touch with Fabiola (Costa Rica) and Roman (Russia)! Thomas (Germany) and Fabiola have visited me in Orlando, which was great. Thomas and I have spent the most post graduation time personally and Marini via email. It has been a crazy few years but I recently told them I would make a better effort on my end to keep in touch since the friendship and bond of the first ELLM class is truly a unique thing.” Connect with Jeff.

We are always glad to hear how you are keeping in touch with each other, and please let us know what we can do to facilitate that! Always happy to hear updates from everyone, as well!

All best,

Ian

ELLM graduates 2012, including Marini (2nd from left), Jeffrey, and Thomas (far right).

ELLM graduates 2012, including Marini (2nd from left), Jeffrey, and Thomas (far right).

 

ELLM Announces New Online Concentration in Enterprise Risk Management and Compliance!

On behalf of the Executive LL.M. program, I am thrilled to announce our latest addition to the curriculum: a new concentration in compliance!

Our third all-online concentration, joining our offerings in International Taxation and International Environmental and Energy Law, the new Enterprise Risk Management and Compliance Concentration (ERMC) is now available to ELLM students. This concentration will further augment our already-strong curricular offerings by expanding the opportunities for our students to specialize in this dynamic and fast-growing field. As Babak Boghraty, professor in the ELLM, states, “In light of recent enforcement trends, compliance has become an integral part of global business operations, and companies are moving to adapt by instituting internal risk management systems. The new content positions our students to participate in and take advantage of the opportunities produced by this process.”

Offered in conjunction with MET College’s Administrative Sciences master’s program, the ERMC leverages industry and academic experts in the field of risk management, business continuity and compliance at both BU LAW and the MET College. This Concentration is offered entirely online, with no residential components, in a mix of 7-week long intensive courses and LAW’s standard 13-week long courses. Completion of the ERMC Concentration also allows students to complete the Executive LL.M. program requirements through two, rather than the usual three, residency sessions if desired. Students may also enroll in these courses individually, as all these courses will count towards the Executive LL.M. degree. In order to complete the IEEC Concentration, students must complete 12 or more credits from this basket, subject to the additional requirements below:

  • Administrative Law (3 credits) (7 weeks)
  • Enterprise Risk Management  (3 credits) (offered in Fall 2015 and Spring 2016, 7 weeks)
  • Enterprise Risk Management and Compliance  (3 credits) (offered in Spring 2016 and Fall 2016, 7 weeks)
  • Enterprise Risk Analytics (3 credits) (offered in Fall 2015, 7 weeks)
  • Fundamentals of Compliance Management for Multinational Enterprises (3 credits) (13 weeks)
  • Legal Risk Management in International Trade and Finance (3 credits) (13 weeks)
  • Cyber Law, Cyber Security, and Corporate Governance (3 credits) (anticipated to be available in September 2016, 13 weeks)

In addition, ELLM students wishing to obtain the ERMC Concentration must meet the following requirements: non-U.S. trained lawyers, or those without a first degree in law, must complete: (a) Administrative Law; (b) Enterprise Risk Management, or Enterprise Risk Management and Compliance, or Enterprise Risk Analytics; (c) Fundamentals of Compliance Management for Multinational Enterprises or Legal Risk Management in International Trade and Finance; and (d) at least one more course, for a total of 12 credits. ELLM students who are U.S.-trained lawyers are subject to the same requirements, except that Administrative Law is not required and therefore they must completed at least two more courses in addition to (b) and (c), above, for a total of 12 credits. Completing the Concentration and fulfilling the ELLM degree requirements will therefore result in having to complete a minimum of 26 credits. For ELLM students who have already taken Managing Compliance Risks for International Business Networks offered in 2014-2015, that course will count towards the Concentration and will take the place of Fundamentals of Compliance Management for Multinational Enterprises.

While there are no formal prerequisites, it is highly recommended that students take Enterprise Risk Management and/or Enterprise Risk Management and Compliance before taking Enterprise Risk Analytics. As with all of our concentrations, students are welcome to enroll in individual courses without pursuing the formal concentration. I hope you will agree with us that this is a highly-desirable addition to the ELLM.

For information on the concentration, please visit our description on our website. For more information on the ELLM, please visit our website or email us at execllm@bu.edu. We look forward to hearing from you!

 

 

Congratulations to Peter Manda on Recent Published Article!

The ELLM office offers congratulations to current ELLM student Peter Manda, whose article “Bringing Fairness to FCPA Settlements: Protecting the Corporate Form through Respondeat Inferior  Subsidiary Liability”,  was just published by the International In-House Counsel Journal in its Winter 2015 issue. The article is concerned with whether the subsidiary structure in international operations should allow the corporate parent to shield itself from the effects of corruption and illegal activities when employees or agents do not act on the parent’s behalf. That extra protection would allow corporate parents to focus more on disincentives and incentives that maximize law abidance, where the distances in time and space between the issuer-parent and the subsidiary situs can be vast. By shifting liability under the FCPA to its source and origin, respondeat inferior allows for an increase in vigilance and a focus on compliance. The more legitimately a parent can show that the acts of its subsidiary were driven by rogue employees, the easier it should become for the parent to avoid excessive liability that it must otherwise share collectively with its consolidated operations.

Peter cites Professor Babak Boghraty’s ELLM course, Managing Compliance Risks for International Business Networks, as providing the impetus for the article:

“The inspiration for the article came as a result of a question that Professor Boghraty had posed in his compliance course about the FCPA. The question related to the scope of the FCPA Guide for companies prepared by the Department of Justice and the Securities and Exchange Commission. As we found in class, through the Guide the DOJ has effectively adopted a strict liability standard for assessing the amount of penalties and fines to charge violating multinationals. As I read the case law and thought about the issue in greater depth, I realized that the principle of ‘respondeat inferior’ that I was familiar with from municipal law practice would be a more apt standard. Further research showed that it is also used as a theory to prosecute employees who engage in sexual harassment and for members of gangs.”

The parallel between gang activity and application of the FCPA was more closely-related that it might first appear, added Peter.

“In many ways, employees in foreign subsidiaries act like independent gang members where the gang kingpin is usually not found inside the company. Thinking about foreign corrupt practices this way, I decided to write an article to propose an analysis of FCPA cases that would allow multinational corporations and the DOJ to cooperate in the fight against corruption.”

The argument raised by Peter proved to find a receptive audience, since in addition to the publication he was invited by the FCPAprofessor.com blog to summarize his article as a contributing writer.

“Throughout this process Professor Boghraty and the ELLM program staff (Ian and Zac) were extremely supportive. Professor Boghraty in particular read various drafts of the article and provided invaluable advice that made the text better and more meaningful”, noted Peter.

Peter MandaPeter Manda has been general counsel to LMCK Partners, LLC and has worked as in-house counsel to the automotive and precision instrument industries in the United States and Japan. After graduating from Temple Law School, Peter clerked at the United States Court of International Trade.

Peter is currently an LLM Candidate in Executive International Business Law program at Boston University School of Law. Ha received a bachelors in Modern Persian Literature and Middle Eastern Studies from the University of Texas at Austin in 1982 and a masters in Classical Persian Literature from the University of Pennsylvania in 1989, a Masters in Public Administration and Politics from the Bloustein School at , Rutgers University in 2010, a Masters in Public Administration with a Concentration in Public Finance at the University of Pennsylvania in 2011. He has also received a Certificate in the Study of Law from the University of Pennsylvania Law School in 2011 where he concentrated his studies on securities regulation and structured finance. At the same time he completed studies in corporate finance at the Wharton School where he received a Certificate in 2011. As in-house counsel, Peter specializes in international transactions and litigation management with a focus on in-house investigations, cross-border M&A and capital growth, and supply chain management.

A copy of the article may be accessed here: Bringing Fairness to FCPA Settlements: Protecting the Corporate Form through Respondeat Inferior Subsidiary Liability

ELLM Director, Ian C. Pilarczyk, discusses online LL.M. programs with The National Jurist

Executive LL.M. Director Ian C. Pilarczyk was quoted in a National Jurist feature entitled “Education everywhere” in the February 2015 issue. The article chronicles the growth of online LL.M. programs and discusses the technology behind the programs.

In the article, Dr. Pilarczyk points out the limitations of unitary software systems in creating a robust pedagogical experience for online learners, and emphasizes that programs such as the ELLM depend on numerous products in order to provide the best learning outcomes. BU’s programs, including the ELLM, use a combination of Blackboard, Echo360, and Adobe Connect (among other products) in support of online teaching. “Rather than just chasing the latest technology, we look to see what products, or what combination of products and approaches, produce the best online experience”, says Pilarczyk, “and we continue to look for ways to improve even further.” One area in which he’d like to see more improvement is in the ‘live classroom’ feature that many of the courses use as an optional feature. “While our model is asynchronous in order to optimize flexibility, this is a feature that both students and faculty often value. We’re now experimenting with a new program, Blue Jeans, to see if it assists us in improving the user experience for the participants.”

The ELLM also offers dual formats, all-online as well as blended learning, to reap the benefits of both digital education and seminar style face-to-face classroom time. “We’ve had tremendous success with a blended, or hybrid, model of executive education”, says Pilarczyk. “This model has allowed us to attract experienced working practitioners from some forty countries around the world to the ELLM, united by their desire to expand their knowledge of U.S. and international business law. In our case, it is blended in the full sense of the word– we offer hybrid courses, online courses, and are anticipating adding some short-term fully residential courses as well. We really focus on optimizing flexibility for our students while delivering a first-rate legal educati0n.”

The ELLM is also at the forefront of other distance initiatives, such as supplying a team that will produce BU Law’s first-ever MOOC, on legal compliance, to be offered in fall 2015 (more details to follow!). Spear-headed by Babak Boghraty, LAW’89 and ELLM instructor, this course will be offered through edX and offer certification in this fast-growing and important field. You can read Professor Boghraty’s recent ELLM guest blog here.

For more details on online LL.M. programs, read the full National Jurist Article.

ELLM Congratulates Alum for Being Named One of Denver’s “40 Under 40″

40u402015winnerslogoweb-600The Executive LL.M. Program is very pleased to offer congratulations to one of our recent graduates, Erik Estrada (ELLM ’14), who was named one of Denver Business Journal’s (DBJ) “40 Under 40“. The award is presented by the DBJ to recognize an elite group of men and women, in different professional fields, for their “commitment to community and business leadership.”

While Erik deserves full credit for this award based on his dedication to the City of Denver, his public service and his high level of legal professionalism, he was quick to share it with the ELLM program. “The education that I received from Boston University’s Executive LL.M. Program, one of the best such programs in the world, has helped me become an emerging leader for my company. The subject matter covered in the curriculum was directly applicable to my day-to-day duties as Senior Corporate Counsel.”  As part of his studies in the ELLL, Erik had taken courses that included Securities Regulation, International Business Transactions and Agreements, International Arbitration, Corporate Finance, and several tax courses. In addition to the well-rounded curriculum, professional networking opportunities and flexible scheduling options, Erik says he was attracted to BU’s program because of BU Law’s “long-standing commitment to public service, and the fact that it strives to instill such commitment in its students. This commitment is a passion of mind as well, and accordingly I try to give back to the communities in which I live and work by serving on various non-profit boards.”

Erik serves as Senior Corporate Counsel for Level 3 Communications, a Fortune 500 Company, since 2012. Previously, he was employed at Davis Graham & Stubbs LLP and served as Senior Fellow and Program Director of El Pomar Foundation, a general grant-making foundation that supports a wide range of initiatives in Colorado. In addition to the LL.M. from BU, he holds a J.D. from University of Denver College of Law, where he was named a Chancellor’s Scholar;  an M.P.A. from University of Colorado School of Public Affairs, where he was named the Outstanding M.P.A. Student; and a B.A. from University of Colorado at Boulder. He serves, or has served on the board of directors of El Pomar Foundation, University of Colorado Alumni Association, Tony Grampsas Fund (appointed by Governor Bill Ritter), Community Resource Center, and the Colorado Center on Law & Policy.

Again, congratulations Erik on this well-deserved award!

For more information on the ELLM program, please contact us or visit our website.