2015 Stanford China Law & Policy Conference
Paul Brest Hall, Stanford University, Stanford, CA, 94305 | May 17, 2015 9:30am - 4:00pm
Entitled “Rule of Law with Chinese Characteristics,” this year’s Stanford China Law & Policy Conference will feature discussions related to the various legal implications of a rising China. Specific topic areas include: a comparative discussion over understanding of rules of laws in the US and China; the corporate, regulatory and IP issues facing cross-border transactions by US and Chinese business. The conference is free and open to the public. Because space is limited, registration is required and is on a first-come, first-serve basis. Please RSVP.
Reception (Coffee will be served)
James McManis, Fellow of International Academy of Trial Lawyer
Panel 1:Regulatory Challenges in China: Anti-trust, Foreign Corrupt Practices Act (FCPA) and Government Relation
Panelists: Christopher B. Hockett, partner in Davis Polk & Wardwell
Laurent Cohen-Tanugi, partner in Laurent Cohen-Tanugi Avocats
Maria Lam, Chief of Staff to General Counsel in Intel Corporation
Moderator: Marcus Cole, Professor in Stanford Law School
China Solar Energy Project: Jeffery Ball, Scholar in Stanford Law School
China Guiding Cases Project: Mei Gechlik, Founder and Director of Stanford Law School’s China Guiding Cases Project
(A lunch will be served.)
Panel 2: Inbound and Outbound Investment in US and China
Panelists: Kirtee Kapoor, partner in Davis Polk & Wardwell
Gordan Davidson, partner in Fenwick & West
Yuji Sun, Senior Counsel at HP
Moderator: Yabo Lin, partner in Sidley Austin
Panel 3: IP and Technology Transaction in China
Panelists: Suzanne Bell, partner in Wilson Sonsini Goodrich & Rosati
Nader Mousavi, partner in Sullivan & Cromwell
Tao Zhang, Director of IP Strategy, Huawei
Parker Zhang, Chief Patent Officer and Assistant to CEO, Baidu
Moderator: Paul Goldstein, Stella W. and Ira S. Lillick Professor of Law
MCLE Pending: An application requesting 3 MCLE credits for this activity is pending for approval by the State Bar of California.
Parking - We recommend that you park in Wilbur parking lot, located adjacent to the law school on its East side. Visitor parking on the first basement level is free on Sunday. Additional free parking is available above ground across Wilbur field.
About Our Speakers
Keynote speaker: James McManis, Co-chair of the China Program, and Fellow of International Academy of Trial Lawyer. James McManis is a partner of McManis Faulkner, a Silicon Valley trial firm ranked as one of the best law firms by U.S. News - Best Lawyers® in 2015. In addition to being a member of the trial bar for more than 40 years, Mr. McManis has served on the faculty of the Intensive Advocacy Program of the University of San Francisco Law School, the Advocacy Skills Workshop at Stanford Law School, and as a lecturer at Boalt Hall, University of California (Berkeley Law). He has also taught at the California Center for Judicial Education and Research (CJER), and serves on the Board of Trustees for the University of California Berkeley Foundation.
Mr. McManis served as Special Master for the Santa Clara County Superior Court, the U.S. Bankruptcy Court, and the U.S. District Court for the Northern District of California in the Technical Equities cases, described as cases involving the largest securities fraud in California history. He also has served as a Judge Pro Tem for the Santa Clara County Superior Court and a Special Examiner for the State Bar of California. Mr. McManis was also a member of the California State Bar’s Task Force on Admissions Regulation Reform. He received a B.A. in History with Distinction from Stanford University, and a J.D. from University of California, Berkeley School of Law.
Regulatory Challenges in China: Anti-trust and Foreign Corrupt Practices Act (FCPA) and Government Relation
Moderator: Professor Marcus Cole is a leading scholar of the empirical law and economics of commerce and finance, and teaches courses in the areas of Bankruptcy, Banking, Contracts, and Venture Capital. Professor Cole’s writings have explored questions such as why corporate bankruptcies are increasingly filed in Delaware, and what drives the financial structure of firms backed by venture capital. His current research interests involve the ways in which the world’s poor are using technology to solve their own problems, often in the face of government restrictions hindering such solutions. Professor Cole has served as a National Fellow at the Hoover Institution, and is a Fellow at the University of Amsterdam Center for Law and Economics. He has been a Visiting Professor at a number of institutions around the world, including the University of Amsterdam, the University of Vienna, the University of Leiden, Bucerius University in Hamburg, Germany, Northwestern University, Korea University, and Peking University School of Transnational Law in Shenzhen.
Christopher B. Hockett, antitrust partner in Davis Polk & Wardwell. Mr. Hockett is the Lead counsel in over 100 antitrust class actions in industries such as microprocessors, telecommunications, optical disk drives, memory cards, LCD-TFT displays, medical equipment and chemical manufacturing. Mr. Hockett is the global head of Davis Polk’s antitrust practice. He was Chair of the 8,500-member ABA Section of Antitrust Law from 2013 to 2014.
Laurent Cohen-Tanugi, a Paris-based international lawyer and a member of the Paris and New York bars. His practice focuses on international mergers and acquisitions, arbitration, corporate governance, and other strategic assignments. He is a registered arbitrator with the French National Committee of the ICC's Court of Arbitration. He has recently served as independent compliance monitor, appointed by the U.S. Department of Justice and Securities and Exchange Commission, on a major FCPA matter. Prior to founding the firm that bears his name, Mr. Cohen-Tanugi was a partner at Skadden, Arps, Slate, Meagher & Flom LLP (2005-2007), Senior Vice President and General Counsel of Sanofi-Synthélabo, a European pharmaceutical group (2004), and a partner at Cleary, Gottlieb, Steen & Hamilton (1991-2003). He has written numerous books on international affairs and is currently a visiting lecturer on Cross-Border Mergers and Acquisitions at Stanford Law School.
Maria Lam is currently the Chief of Staff to the General Counsel at Intel Corporation. Prior to her current position, Maria was Intel’s Director of APAC Patent Strategy and a senior attorney in the company’s Patent Licensing team. She spent time as an expat in China and led a number of significant IP transactions on behalf of Intel while she was there. Before her time at Intel, Maria was an attorney at Foley Hoag LLP in Boston, Massachusetts where she advised clients on a variety of intellectual property and transactional matters. She received her J.D. degree from the University of Virginia and her Bachelor’s degree in Computer Science from Boston University.
China Innovation — A Case Study of China Solar Energy Industry
Jeffery Ball, scholar in Stanford Law School. A writer on energy and the environment is scholar-in-residence at Stanford University’s Steyer-Taylor Center for Energy Policy and Finance. At the center, Mr. Ball heads a project exploring how China and the U.S. might deploy cleaner energy more efficiently if each one played to its economic strengths. The project focuses on the solar industry. Ball writes regularly for a variety of publications. His stories and essays have appeared in Fortune, The New Republic, Foreign Affairs, The Wall Street Journal, and Slate, among other places. He came to Stanford in 2011 from The Wall Street Journal, where he was the environment editor and spent more than a decade writing about energy and the environment from the paper’s Detroit and Dallas bureaus.
China Innovation — A Case Study of Rule of Law with Chinese Characteristics: Why Guiding Cases? Why Now?
Dr. Mei Gechlik is Founder and Director of Stanford Law School’s China Guiding Cases Project (“CGCP”) as well as Founder and President of Good Governance International (“GGI”). Formerly a tenured professor in Hong Kong, she teaches at Stanford Law School the “China Law and Business” course and oversees the organization of a series of Internet law and public policy conferences sponsored by Tencent and Microsoft. Dr. Gechlik has been a visiting professor at the Peking University and has spoken at prestigious law schools in the United States and China. Approximately four years ago, Dr. Gechlik founded the CGCP and GGI. The work carried out by the CGCP and GGI has been presented and commended at the U.S.-China Dialogue on the Rule of Law and Human Rights and institutions such as Oxford and Princeton universities. The CGCP has become the premier source of translations, information, and analyses of GCs, with its publications capturing the attention of leading groups such as the Wall Street Journal and the International Monetary Fund.
Prior to teaching and researching at Stanford Law School, Dr. Gechlik worked for the Carnegie Endowment for International Peace, a Washington-based think tank. She has testified before the U.S. Congress on various topics about China and has advised the United Nations and the Chinese government on implementing rule of law programs. She also has initiated meetings, including the “Legal Reform in China” Conference, featuring such distinguished speakers as the Hon. Sandra Day O’Connor, Associate Justice of the U.S. Supreme Court, and the Hon. Zhou Wenzhong, Ambassador of China to the United States. Dr. Gechlik is admitted as a barrister in England, Wales, and Hong Kong and is a member of the Bar in New York and the District of Columbia. She received her J.S.D. from Stanford Law School and her M.B.A. in Finance from the Wharton School at the University of Pennsylvania.
Inbound and Outbound Investment in US and China
Moderator: Yabo Lin, corporate partner in Sidley Austin. Mr. Lin counsels clients in both the U.S. and Asia on mergers and acquisitions, venture investments, capital markets, IP transactions, joint ventures, and corporate governance. His experience covers a wide range of industries, including information technology, telecom, cleantech, biotech, and manufacturing. In 2006, Yabo received the National Asian Pacific American Bar Association’s (NAPABA) highest honor, the Trailblazer Award, for “making substantial and lasting contributions to the Asian Pacific American Community.”
Kirtee Kapoor, corporate partner in Davis Polk & Wardwell. Mr. Kapoor advises US and China cross-border M&A and represents clients in investment, exits and joint venture around the world in both public and private companies. He represented clients in many billion-size deals, including CNOOC on its $17.9 billion acquisition of Nexenm, Tencent's investment in JD, 58 and Dianping, and Baidu's investment in Qunar. In October 2007, the New York Times listed Mr. Kapoor, along with several other of our partners, as one of the leading dealmakers on Wall Street under 40 years of age (“Facebook of Wall Street’s Future,”NYT, Oct. 3, 2007).
Gordon Davidson, corporate partner in Fenwick & West. Mr. Davidson advises high technology companies, clean technology and life sciences companies. His clients range from start-ups to Fortune 1000 companies. He has worked on over 50 public offerings and has represented boards of directors, audit committees and executives in numerous special investigations. He has also acted as lead counsel on over 100 mergers and acquisitions valued at more than $75 billion in the aggregate, including: $19 billion acquisition of WhatsApp Inc. by Facebook Inc., $17 billion acquisition by VeriSign Inc. of Network Solutions Inc., $13 billion acquisition by Symantec Corporation of VERITAS Software, etc.
Yuji Sun is a Senior Counsel at HP's in-house legal department. Currently he serves as the primary legal counsel for HP's Mobility business group located in Palo Alto, California. At HP, he has provided legal support to various PC business units and product lines focusing on areas such as complex commercial transactions, cross border transactions, IP licensing and regulatory matters. Prior to joining HP, Yuji was an associate at Wilson Sonsini Goodrich and Rostai, a leading Silicon Valley law firm where he advised high tech companies on corporate securities matters and mergers/acquisitions. Yuji has law degrees from U.S. (JD, Northwestern University School of Law) and from China (LLB, Fudan University). He is licensed to practice in CA, NY and China (inactive).
IP and Technology Transaction in China
Moderator: Professor Paul Goldstein, Stella W. and Ira S. Lillick Professor of Law. Professor Paul Goldstein is a globally recognized expert on intellectual property law, Paul Goldstein is the author of an influential four-volume treatise on U.S. copyright law and a one-volume treatise on international copyright law, as well as leading casebooks on intellectual property and international intellectual property. He has authored nine books including three novels devoted to intellectual property themes, Errors and Omissions and A Patent Lie. Some of his other works include Copyright’s Highway: From Gutenberg to the Celestial Jukebox, a widely acclaimed book on the history and future of copyright, and Intellectual Property: The Tough New Realities That Could Make or Break Your Business. Havana Requiem, his most recent novel, has won the 2013 Harper Lee Prize for Legal Fiction.
Nader Mousavi, partner in Sullivan & Cromwell, Mr. Mousavi’s practice includes advising clients on intellectual property, technology and data protection issues in a wide range of corporate and transactional matters, including mergers and acquisitions, joint ventures, collaborations, financings, licensing, outsourcing, monetization, manufacturing, commercialization, R&D and settlements. Mr. Mousavi was lead IP counsel to Eastman Kodak Company in its successful global reorganization and led the sale of its portfolio of 1,100 digital imaging patents and a series of associated patent licensing transactions. He also was counsel to Silver Lake Partners and Skype in connection with the $8.5 billion sale of Skype to Microsoft.
Suzanne Bell, technology transaction partner at Wilson Sonsini Goodrich & Rosati. Ms. Bell handles technology and intellectual property transactions—with an emphasis on complex strategic alliances and outsourcing transactions—for a wide range of software, electronics, telecommunications, cloud computing, digital media, Internet, and clean technology companies. Her practice also includes strategic intellectual property asset purchases and sales; technology mergers, acquisitions, and spin-offs; and intellectual property litigation settlement agreements. Ms. Bell’s practice includes both growth and mature companies, and she has advised many of Silicon Valley's most prominent companies from start-up to maturity.
Tao Zhang, Director of IP Strategy, Huawei. Ms. Zhang’s main responsibilities range from defensive patent acquisition, strategic patent portfolio development, to IP monetization. Prior to Huawei, she was a Director of IP Licensing at Hewlett-Packard Company; lead various IP licensing programs including patent sales, patent licensing, and technology transfer. Tao had been with HP for twenty-three years, and joined Huawei in 2012.
Parker Zhang, Chief Patent Officer and Assistant to CEO, Baidu. Mr. Zhang became Chief of Patents at Baidu in 2012. He worked for Fenwick & West LLP, 2006-2010.
Organizers: Stanford China Law & Policy Conference
Kenneth Daines, Qian Nie, Wynn Stateman, Matt Wells and Di Yao
Supported by Association of Chinese Students and Scholars at Stanford (“ACSSS”)
Chinese American Lawyers of the Bay Area ("CALOBA")
Asian Pacific American Bar Association of Silicon Valley ("APABA-SV")