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

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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

 

ELLM Now Offers Online Concentration in Risk Management and Compliance!

The office of the Executive LL.M. Program at BU Law is pleased to announce that we have received university approval for our third addition to our portfolio of all-online concentrations, this time in the rapidly-growing area of compliance. Our new Enterprise Risk Management and Compliance (ERMC) Concentration is a joint offering between LAW and the MET College at Boston University, leveraging industry and academic experts in the areas of risk management, business continuity, and compliance.

The ERMC consists of a basket of 7 online courses, offered in a mix of MET’s 7-week long intensive courses and LAW’s standard 13-week long courses. These courses therefore allow for an additional element of scheduling flexibility in addition to providing immersion in this highly-relevant growth field in international business law. 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. As always, one may enroll in these courses individually. These courses are offered at various times of the year, and not all courses will necessarily be available in the same calendar year.

In order to complete the ERMC Concentration, students must complete 12 or more credits (4 courses) from this basket, subject to the additional requirements below:

  • Administrative Law (LAW, 3 credits)
  • Enterprise Risk Management (MET, 3 credits)
  • Enterprise Risk Management and Compliance (MET, 3 credits)
  • Enterprise Risk Analytics (MET, 3 credits)
  • Global Compliance: Introduction & Best Practices (LAW, 3 credits)
  • Global Cyber Law and Governance (LAW, 3 credits)

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.

Several of the faculty who teach these courses will be well-known to ELLM students. ELLM instructor Virginia Greiman is developing her new course in Cyber Law to focus on legal issues related to the regulation of cyberspace.  MET faculty member Andrew Banasiewicz, an expert in risk management analytics (statistics) and frequent guest speaker in our “Issues in International Business Law” colloquia series, teaches Enterprise Risk Analytics.

We are confident that you will find these course offerings will further enrich an already-robust practical curriculum related to international business law. As always, we accept applications to the ELLM throughout the year, with our next classes beginning in January 2016–making it a great way to start the new year! For more information on these courses or the ELLM in general, please visit our website or email us at execllm@bu.edu.

 

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!