OCTOBER 21 – Marc Liebscher, "Wirecard, Europe’s Enron? – Auditor Liability to Investors in Corporate Fraud"
Wednesday, October 21, 2020, 1 pm EDT (DC), 7 pm GMT+2 (Poland)
This summer’s super-bankruptcy of fintech WIRECARD AG is considered Germany’s largest corporate scandal since World War II and sent investors, markets, auditors, supervisory bodies, and politics into shock. Although investigations necessary to fully understand how the obscure Munich fintech made its way into the country’s most prestigious DAX30 stock-index will take years, the most important features of this Enron 2.0 are known. This webinar will introduce the WIRECARD scandal focusing particularly on the shortcomings of the appointed auditors Ernst & Young (EY), failures of the supervisory body, and improvements needed in the regulatory scheme in Germany and the European Union.
Marc Liebscher, Ph.D., (CUA LL.M. 2006), Berlin Germany
Dr. Marc Liebscher specializes in banking, capital markets, and insolvency law, in particular the judicial representation of institutional and retail investors. He has organized and successfully litigated numerous mass actions by investors before German courts. Dr. Liebscher frequently is appointed to creditor committees in corporate insolvencies to process legal and economic issues regarding corporate and group transactions and by courts to chair general meetings regarding disputes between minority and majority shareholders. He is a member of the expert group of the Federation of German Consumer Organizations (VZBV) on collective redress. He also has served as an expert to the German Bundestag on matters including capital market legislation and the introduction of class actions into German Civil Procedure Law, affecting matters like the Volkswagen diesel engine scandal. He is spokesperson for the Berlin Bar Association’s working group on banking and capital market law and an appointed member of the Justice working group of Transparency International, Germany. Dr. Liebscher has written numerous publications on banking, insolvency, and capital market law and trains senior investigators of the Federal Criminal Police Office in financial and capital market matters.
Commenter: Christopher D. Christian, (CUA JD 1998), Boston, MA
Christopher Christian is a partner in the Boston office of the Dechert firm and serves on the firm’s policy committee. Much of his practice centers on advising US and European asset managers and investment funds and their boards of directors on compliance with US and European law as well as local law in jurisdictions around the globe. He is the architect of Dechert’s World Compass, a marketing compliance subscription service that offers investment firms advice in more than 100 jurisdictions. Mr. Christian worked for several years in Dechert’s London office. He is the former Chair of the International Bar Association’s Investment Funds Committee and recently was selected as Chair of the Irish Funds North America Distribution Working Group. Chris is a 1998 JD graduate of our law school and a member of CUA Law’s Board of Visitors.
OCTOBER 28 – Sarah H. Duggin, "Why Compliance Matters – The Increasing Significance of the Compliance and Ethics Function in Global Corporations"
Wednesday, October 28, 2020, 2 pm EDT (DC), 7 pm GMT+1 (Poland)
The 1991 U.S. Organizational Sentencing Guidelines signaled a major shift in U.S. criminal law toward holding entities, as well as individuals, liable for criminal conduct. The Guidelines established the existence of an effective compliance program as a mitigating factor at sentencing, and, five years later, Delaware's landmark decision in the Caremark litigation focused attention on the potential liability of corporate directors for failure to implement corporate compliance measures. The Enron, Worldcom and other corporate scandals of the early 2000s made it clear that effective compliance and ethics functions are integral to contemporary businesses, and Chief Compliance and Ethics officers began taking their places in the C-suites of major corporations, Professor Duggin will explore the role that the compliance and ethics functions play in today’s business world, discuss how the CUA Program that she directs is part of a national curricular shift to expand offerings in this rapidly growing field, and consider the role of compliance and investigations in corporate responsibility.
Sarah H. Duggin, Professor of Law and Director, Compliance, Investigations, and Corporate Responsibility Program
Prior to coming to CUA, Professor Duggin was Vice President and General Counsel of the National Railroad Passenger Corporation (Amtrak). She also had served as Chief Counsel of the University of Pennsylvania Health System and General Counsel of the Children’s National Medical Center in Washington, D.C. and litigated complex civil and criminal matters as a lawyer and partner at Williams & Connolly, a noted Washington litigation firm. She teaches and writes in the areas of corporate, compliance, constitutional and professional responsibility law.
Commenter: Dr. Michał Rams, White Collar Team Leader, PwC, Warsaw, Poland
Dr. Michał Rams is the White-Collar Crime Team Leader and Legal Counsel at PricewaterhouseCoopers in Warsaw. He is a magister and PhD graduate of Jagiellonian University, concentrating in criminal law and particularly economic criminal law. His experience includes complex criminal proceedings on tax and public procurement matters, advice on potential criminal liability of management board members, and internal investigations in criminal and penal fiscal law. He is an Assistant Professor at Stefan Wyszyński University in Warsaw and the author of substantive and procedural criminal law publications including co-author of the Wolters Kluwer Commentary to the Polish Criminal Code.
więcej o Wednesday, October 28, 2020, 2 pm EDT (DC), 7 pm GMT+1 (Poland)
NOVEMBER 19 – Roger Colinvaux, "Nonprofits in Crisis: Changes to Giving Rules and Politicization"
Thursday, November 19, 2020, 1 pm (EST) (DC), 7 pm GMT+1 (Poland)
Nonprofits are the backbone of civil society in the US with more than 1.3 million charities providing health care, education, religion, and social services. Yet while the pandemic has highlighted the importance of charities in American life, it has also exposed a sector at the edge of crisis: tax incentives for charitable giving are failing, philanthropy is becoming ever more plutocratic, and norms are eroding that could push charities more directly into the political sphere, undermining their nonpartisan nature. This webinar will provide an overview of the state of the charitable sector in the US, with a focus on charitable giving incentives and political activity.
Roger Colinvaux, Professor of Law and Director, Law and Public Policy Program
Professor Colinvaux teaches courses in Federal Income Tax, Property, Legislation, Nonprofits, and Civil Rights. From 2001-2008, Professor Colinvaux was Counsel at the nonpartisan Joint Committee on Taxation in the U.S. Congress with responsibility for nonprofit tax legislation. Professor Colinvaux’s scholarship focuses on the nonprofit sector. He has testified about nonprofit tax reform before the Senate Finance Committee and the House Ways and Means Committee, advised the White House and the Treasury Department, and served as an advisor to the Urban Institute, the National Center on Philanthropy and the Law at NYU, and the Independent Sector.
Commenter: Dr. Katarzyna Zdybska Przybysławska (JU-CUA ALP 2003), President, Halina Nieć Legal Aid Center, Kraków, Poland
After receiving her magister degree from Jagiellonian University, Dr. Przybysławska co-founded the Halina Nieć Legal Aid Center. The Center is a Kraków-based NGO dedicated to providing free legal aid to refugees and stateless people in Poland. The Center carries on the work of Dr. Halina Nieć, who established the Jagiellonian Human Rights Center in 1993 and the Human Rights Section of the Jagiellonian Clinic in 1997. Dr. Przybysławska received her magister from Jagiellonian in 2003, participated in the American Law Program in 2002-03, and completed her PhD at Jagiellonian in 2007 with a thesis focused on exclusion clauses in the 1951 Refugee convention and disfavored refugees. She was a visiting fellow in the Oxford University Refugee Studies Center in 2005 and is the author of the 2009 book, UNDESIRED REFUGEES, published by the United Nations High Commissioner on for Refugees.
więcej o Thursday, November 19, 2020, 1 pm (EST) (DC), 7 pm GMT+1 (Poland)
NOVEMBER 24 – Wojciech Jarosiński, "The Cloud – A New Legal Frontier"
Tuesday, November 24, 2020, 1 pm (EST) (DC), 7 pm GMT+1 (Poland)
Until recently, the cloud was mainly storage for surplus holiday photos. Today, the cloud plays a vital role in commerce: allowing businesses to thrive in geographically distant markets, limiting operational costs, and enabling workplace flexibility for employees. These applications, though, bring sleepless nights for judges who try to apply existing law to a new reality.
This webinar will begin with a brief introduction to the cloud’s basics: where the cloud is located, what is stored there, and whether it is even possible to avoid the cloud in today’s business world. Then, the session will move to opportunities for lawyers to guide their clients through cloud regulations—highlighting the importance of legal education in cross-border legal concepts. Finally, the webinar will consider dispute resolution regarding cloud-based services. The webinar will consider Zoom, Apple Mail, Amazon Web Services, Oracle, and many other popular services as well as the Court of Justice of the European Union Schrems II decision and the US Cloud Act.
Wojciech Jarosiński, (CUA LL.M. 2011), Warsaw, Poland
Wojciech Jarosiński is a partner at the Maruta Wachta law firm in Warsaw, Poland. He heads the dispute resolution practice group where he has led or supervised more than 200 technology litigations with a combined value of more than two billion USD and advised on execution of technology projects of the same magnitude. The Lawyer magazine (UK) has ranked Maruta Wachta as the Best Specialist Law Firm in Europe (2018), Best Polish Law Firm (2019), and Best Law Firm in Central Europe (2019). The most prestigious Polish legal ranking (Rzeczpospolita Daily) named Mr. Jarosiński the top dispute resolution lawyer in Poland in both 2018 and 2019 and ranked the practice group he leads in the top five for dispute resolution in 2017, 2018, and 2019. National Jurist magazine (US) featured him in Who's Who of Foreign Attorneys in the fall of 2019. Mr. Jarosiński received his law degree from Jagiellonian University and is a member of the advocates’ bar. In addition to law practice, he created and manages Vertical Shot Expeditions, which offers photography workshops in remote locations from the Arctic to the Antarctic.
Commenter: Paul Nagle (CUA JD 1999), Director, International Government Relations, Alibaba, Washington, DC
Paul Nagle is Director of International Government Affairs at the Alibaba Group. He received a JD from Catholic University Law School in 1999 with a certificate from CUA’s well-known Communications Law Institute, which considering changing technology is now called the Law and Technology Institute. Mr. Nagle’s more than 20-year career parallels the evolution of technology in communication, e-commerce, data storage, and the many other ways that web-based applications affect daily life. His work has included issues in trade, foreign investment, data privacy, intellectual property, telecommunications, and cybersecurity. Mr. Nagle’s career spans both chambers of the US Congress, the executive branch, the corporate world, and private law practice. He has served as Chief Counsel of the US House of Representatives Subcommittee on Digital Commerce and Consumer Protection; Chief Counsel to the US Senate Committee on Science & Transportation; an Attorney Advisor at the Federal Communications Commission; in private law practice; and at a Washington DC government relations firm.
DECEMBER 2 – Justyna Regan & Douglas Bonner, "Data Privacy in the US: Where We Stand Today and Predictions for the Future"
Wednesday, December 2, 2020, 1 pm (EST) (DC), 7 pm GMT+1 (Poland)
Co-Presenter: Justyna Regan (Balcarczyk), Ph.D., (CUA LL.M. 2005), Chicago, Illinois
Justyna Regan practices in the Chicago office of Miller Canfield, specializing in European, US, and multinational business law, data privacy, intellectual property with particular expertise in software licensing, and cross-border defamation. She has master of law, Ph.D., and habilitation degrees from the University of Wrocław in Poland. She also received a Fulbright Advanced Research Award for study at Chicago Kent College of Law and was a Visiting Fellow at the Max Planck Institute in Hamburg, Germany. She is the Chair of the Chicago Bar Association Cyber Law and Data Privacy Committee. She is admitted to the bar in Illinois and Poland. When in Poland, she worked for Studnicki Pleszka Cwiakalski Górski (SPCG), a major Polish firm.
Co-Presenter: Douglas G. Bonner (CUA JD 1983), Board of Visitors Member, Partner, Potomac Law Group, Washington DC
Douglas Bonner has more than 25 years of experience representing wireline and wireless providers, cable television, Voice over Internet Protocol providers, and broadcast companies in regulatory matters before the United States Federal Communications Commission, Federal Trade Commission, Department of Justice, Department of Commerce National Telecommunication and Information Administration, Department of Transportation National Highway Safety Administration, and other federal agencies, and in state regulatory proceedings, as well as in telecommunications-related litigation. His practice has focused in part on privacy and data security issues under US law and helping clients comply with the EU General Data Protection Regulation. He was Co-Chair of the Federal Communications Bar Association’s Privacy and Data Security Committee for three years and has been recognized by Chambers USA as a leading lawyer in Telecom, Broadcast and Satellite. He is a 1983 JD graduate of the Columbus School of Law of The Catholic University Law School and a member of the law school’s Board of Visitors. For more biographical information, see https://www.potomaclaw.com/
In 2016, some US companies were stunned to realize that they were subject the European Union’s General Data Protect Regulation and could face the GDPR’s hefty fines. Until then, US privacy law mainly comprised industry-specific laws protecting health-related or financial data. Now, individual American states have begun to act, but their differing requirements subject companies to a patchwork of inconsistent and sometimes conflicting legal regimes. The session will highlight difficulties in the current situation and consider the prospects for a US federal data privacy law that would preempt state law and provide a single regulatory scheme.
DECEMBER 9 – Megan M. La Belle, "Artificial Intelligence and Intellectual Property"
Wednesday, December 9, 2020, 1 pm (EST) (DC), 7 pm GMT+1 (Poland)
The field of artificial intelligence or "AI" is rapidly advancing and has the potential to radically change society from an economic and cultural perspective. This program will explore how intellectual property law and policy in the U.S. and other parts of the world will influence AI innovation and technology in the coming years.
Megan M. La Belle, Professor of Law and Co-Director, Law and Technology Institute
Professor La Belle teaches and writes about intellectual property, civil procedure, federal courts, and administrative law. Prior to joining the faculty, Professor La Belle focused on intellectual property and complex civil litigation matters with the prestigious Los Angeles firm of Munger, Tolles & Olson. Her scholarship engages topics in patent law as well as civil procedure and administrative law.
Commenter: Tytus Cytowski, (IBTSLP 2001, Harvard LL.M. 2005), Founding Partner, Cytowski & Partners, Silicon Valley, CA
Mr. Cytowski founded Cytowski & Partners in 2009 after working for a venture capital fund and as a financial service lawyer at the Dechert firm. Cytowski & Partners is a technology, new media, and business law firm concentrating on technology, startups, and venture capital. Based in New York City with offices in Silicon Valley and Warsaw, the firm works with entrepreneurs, emerging companies, angels and investors in the US and Europe helping businesses interested in working particularly in the Central European market and entrepreneurs interested in seeking investment capital from the US. Mr. Cytowski has a magister degree from Warsaw University and participated in the CUA-JU IBTSLP in 2001. He received an LL.M. from Harvard Law School in 2005.
więcej o Wednesday, December 9, 2020, 1 pm (EST) (DC), 7 pm GMT+1 (Poland)