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ACCE
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  ACC EUROPE's

2008 Corporate Counsel University

Sunday 2 - Tuesday 4 March 2008
Radisson SAS Hotel, Amsterdam, The Netherlands

Programme

2 March - Sunday
16.00 - 18.30 REGISTRATION
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17.30 - 18.30 WELCOME RECEPTION
3 March - Monday
08.00 - 08.30 REGISTRATION
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08.30 - 10.00 101 PROTECTING THE BRAND

101.1 Management of Trademarks
Jane BURLEY – The Body Shop International Plc
An overview of how a multinational company like The Body Shop goes about protecting its brand. The presentation will cover global trademark protection strategies, internal education of employees on brand use, the dangers of brand abuse and how to maintain brand integrity within the market place.

101.2 Counterfeiting on the Internet
Xavier Herfroy – L’Oreal
Global and particularly luxury brands are faced with an ever-increasing counterfeiting problem. In our era of digital revolution this problem is exacerbated by the technological possibilities and world-reach of the internet. Learn how you may fight against the tide to protect your brand and how to tackle complex issues involving known and seemingly “innocent” virtual marketplaces.

101.3 Defending the brand by using investigative services
Peter Schimmel - Protiviti
Increasingly, companies move labour intensive activities to inexpensive countries or enter into franchise agreements or comparable arrangements, while keeping the ownership of rights, brands and other intellectual property. Apart from already existing brand piracy issues, these arrangements increasingly lead to suspicions and litigation that call for independent fact finding. In this session key aspects of utilizing outside investigative fraud & litigation expertise in brand protection situations will be covered.

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10.00 - 11.00 102 COMPETITION

102.1 Competition – Abuse of Dominance and Cartels
Marc MOLANDER – Deutsche Boerse
Does your company have a compliance program? Do you know what to do in the event of a dawn raid from your national competition authority or from the EU? Is your company within the radar of competition rules? Should you be concerned about your current practices? Corporate attorneys practicing within the EU need to be intimately familiar with competition laws and how they could affect a company’s business.

102.2 Mergers & Acquisitions
Alan HOFFMAN – Alcatel-Lucent
While Washington appears to have lost interest in pre-merger antitrust review, such reviews are intensifying in Brussels.   Thanks to appeal judgments requiring the European Commission to justify its decisions more thoroughly, a new era of more lengthy and fact-intensive reviews has arrived.  It seems that competitors are more easily able to create delays by exploiting this trend, which two case studies will illustrate.

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11.00 - 11.30 BREAK
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11.30 - 12.30 103 CROSSING BORDERS

103.1 Exhaustion of Rights in the EU - Tension between IP and Competition Law
Panagiotis PERYSINAKIS – The Body Shop International Plc
Unravel the complexities of the law in this exciting area: Reliance on IP rights in the EU: when is such reliance qualified or excluded; A quick overview of related issues such as derogations on the exclusivity powers and control associated with IP; Existence versus exercise of IP rights; The Specific Subject Matter of IP; exhaustion of IP rights; Parallel imports; Compulsory licensing; Repackaging; Advertising; etc.

103.2 International Developments – India
Orijit DAS – Genpact
With India slowly but surely emerging as democratic economic power house, investors are keen to participate in the emerging economy. However, there are numerous pitfalls which one would need to be mindful of as investments are made into India. ACC recognizes that most in-house lawyers would be keen to be able to spot the issues and pitfalls well in advance and also be able to advice their internal clients.  This session is intended to cover some of the top regulatory and legal pitfalls in India and provides a "mile high" view of the India Legal system.

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12.30 - 14.00 NETWORKING LUNCH
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14.00 - 15.00 104 WORKING IN A SMALL LAW DEPARTMENT

104.1 Managing expectations of and interacting with clients, colleagues and support staff
Stathis MIHOS – BP
Katerina GALANOPOULOU – Oracle

So you are an in-house Lawyer. Now what? During this session we will try to understand what your new environment wants from you and how you can respond to that. We will see what methods you can use to identify the  expectations of clients, colleagues and support staff, how you can best respond to such expectations and what you need to do to let everybody know you're trying.

104.2 Management of outside counsel
Camiel van der HEIJDEN – Eastman Chemical Company
Learn "best practices" from colleagues, how to build effective and mutually beneficial working relationship with outside counsel and perform strategic planning to control costs and align the law department with the company’s goals.

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15.00 - 16.00 105 PROFESSIONAL DEVELOPMENT

105.1 Effective communication & Presentation skills
Barbara JUNGBLUT – Deutsche Boerse
Susie FLOOK – The Body Shop International Plc

Techniques for making the best impression possible when presenting to the Board or to your colleagues and business colleagues; effective communication and outstanding presentation skills to ensure that you get your message across in the most effective way possible.

105.2 Time management & Career Development
Naveen TULI - Laurence Simons International
The role of in-house counsel continues to evolve and so do the career opportunities: have you thought about where you want the next stage of your career to take you? Here is your chance to learn from the experts as they explore the methods on how to get there from here including a list of dos and don'ts. Learn how to build the skills and networks you can rely upon to further your career.

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16.00 - 16.30 BREAK
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16.30 - 17.30 106 WORKSHOP (1) - COMPETITION / IP

Moderator: Gerard van der Wal - Houthoff Buruma
Marc MOLANDER – Deutsche Boerse
Alan HOFFMAN – Alcatel-Lucent

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17.30 - 19.00 DRINKS RECEPTION
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19.00 - 20.00 SOCIAL EVENT

Organiser: Axel VIAENE – Starbucks
Our ACC CCU 2008 social event will focus on Amsterdam and its key role in world trade and trade of coffee in the 17th century. The tour will take about an hour and will take you by many interesting corners of the vibrant old town. Our walk is inspired by the book "The Coffee Trader" by David Liss, a book describing the life and work of Miguel Lienzo, a Portuguese immigrant who makes his fortune from trading in coffee futures on the Amsterdam exchange. We will be walking in a number of groups that will be composed of sponsors, ACC staff/faculty and CCU participants from different industries, allowing networking and interesting conversation. Our valiant walkers will be rewarded with a refreshment of choice in an authentic Amsterdam "café".

4 March - Tuesday
08.30 - 10.00 107 COMMERCIAL

107.1 Data Protection
Axel VIAENE – Starbucks
The Data Protection Directive requires anyone who handles personal information to comply with a number of important principles. Among them: ensure that the personal information is lawfully processed, accurate and up to date, processed in line with the individual’s rights, secure and not transferred to other countries without adequate protection.

107.2 Product Recall
(Ms.) Berry Jonk- van Wijk – Houthoff Buruma
A product recall needs not be a catastrophe: when a product recall or corrective action is properly managed, brand reputation and customer loyalty will not be affected long term. Learn about best practice in this area.

107.3 E- discovery
Wolter Kymmell – Former Flexsys
This session will give you an introduction into the complexities of electronic discovery. It will provide you with some suggested practical tips and watch-outs. It will put E-discovery in the total context of document and data management in general within a global corporation. Following this session you should be able to identify most pitfalls if faced with E-discovery and know what to do and how to (proactively) minimize risk and efforts in dealing with it.

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10.00 - 11.00 108 CONTRACTS

108.1 Governing Law Provision (format, language) – ADR
Annette SCHUELLER – Tetra Laval
The governing law clause - potentially the fastest way to completely change your contract. Governing law and dispute resolution clauses are more than yet more boiler-plate provisions; they set the substantive and procedural rules for the interpretation of a contract and are therefore two of the most important clauses in international agreements.  Hear about factors influencing choice of law and the decision of whether to choose litigation or ADR.

108.2 Negotiating International Commercial Agreements
Job RIETKERK – Simmons & Simmons
This session is designed for those recently appointed to a position where negotiation with external suppliers is required. Learn to recognize the balance of power in negotiations, when to hold your ground firmly and when to make concessions.

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11.00 - 11.30 BREAK
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11.30 - 12.30 109 OUTSOURCING

109.1 Outsourcing of ICT; general overview of legal and commercial aspects
Erik Van DIJK – Verizon Business
This session focuses on a range of aspects that are often to be addressed when outsourcing information technology and communication services to a third party. After a general introduction on outsourcing, the different phases from business lead to contract and finally to contract termination will be discussed identifying relevant legal and commercial aspects. These include RFP's and follow-up sessions, Due Diligence, Transfer of Undertaking, Regulatory Matters, Key Elements of Asset Transfer Agreements and Master Services Agreements, Managing Third Party Vendors and Termination Assistance.

109.2 Tips and traps of outsourcing to emerging markets
Orijit DAS – Genpact
The debate regarding outsourcing has changed from "if" to "when". Most large and mid sized companies are keen to achieve economies of scale and be able to obtain sophisticated services from service providers located in another part of the world. This session will examine the following topics related to outsourcing:
• Why outsource – cost effectiveness – the legal perspective
• General issues (labor law, regulatory, logistics)
• Sector-specific issues (IT, customer service, manufacturing)
• tips and traps of outsourcing to emerging markets

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12.30 - 14.00 NETWORKING LUNCH
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14.00 - 15.00 110 COMPLIANCE – ETHICS

110.1 Role of in-house counsel in an internal investigation
Sally MARCH – Nortel
Therese CATANZARITI – GE Healthcare-Life Sciences
In-house counsel can be instrumental in internal investigations. Learn how to perform your role with the utmost effectiveness and integrity, in the context of internal investigations.

110.2 Challenges in implementation of an ethics code of conduct
Sally MARCH – Nortel
Therese CATANZARITI – GE Healthcare-Life Sciences
Having an Ethics Code of Conduct is increasingly becoming a necessity rather than luxury. Introducing such code will – more often than not – be the responsibility of in-house counsel. Implementation thereof will pose considerable challenges. Hear some practical advice in terms of anticipating and effectively overcoming these challenges.

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15.00 - 15.30 BREAK
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15.30 - 17.00 111 WORKSHOP (2) - ROLE PLAY – ETHICS

Coordinators:   Iohann Le FRAPPER – Alcatel-Lucent
Benoit TAYMANS – Borealis Group

The purpose of the workshop is to see how in-house counsel can handle the various steps in a crisis scenario of alleged improper payments together with an internal investigation and avoid common pitfalls such as data protection, blocking statutes, notices to regulators/SE bodies, privilege or general employment law considerations.  This will be done by taking part in bribery/fraud scenario role plays during which participants will take on different roles that may be played in the course of an internal investigation.

ACC Europe wishes to thank the Advisory Board for providing guidance in producing this Corporate Counsel University programme:
Panagiotis Perysinakis, Chair - Group Commercial Counsel - The Body Shop  International, PLC
Barbara Jungblut - Legal Affairs - Director – Head of Section Corporate Legal - Deutsche Boerse AG
Iohann Le Frapper - General Counsel Europe & South - Alcatel-Lucent France
Benoit Taymans - Legal Counsel - Borealis Polymers NV
Axel Viaene - EMEA Legal Director - Starbucks
 
     
     
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