Tuesday, November 25, 2014
5:10- 6:30 p.m.
C303, PKU ShenZhen
This lecture examines the application of U.S. antitrust law to “zero-price markets”, where firms set the price of their products at $0. Creative content, software, search functions, social media platforms, mobile applications, travel booking, navigation and mapping systems, and myriad other products are now widely distributed at zero prices. But despite the exponential increase in the number and volume of zero-price products being consumed, antitrust institutions and analysts have not developed adequate answers to the questions raised by the absence of market prices.
The lecture will trace the evolution of modern U.S. antitrust law from its political roots to its modern basis in neoclassical economics. While economic insights have improved antitrust law’s rigor, they have also caused an inappropriate-and in some ways exclusive-focus on prices. The lecture contends that this price-centered focus has caused antitrust enforcers, scholars, and courts to overlook the very existence of markets with no prices. The absence of positive prices does not foreclose antitrust scrutiny-“trade,” for purposes of the Sherman and Clayton Acts, encompasses transactions that involve customers exchanging things other than money for the products they demand. For purposes of antitrust law, zero-price markets are “markets”.
On November 19, 2014, Preston Torbert returned to Peking University School of Transnational Law (STL) to present a lecture about the downfall of Arthur Andersen, one of the largest and most prestigious accounting firms in the world. The lecture focused on various theories about what caused the firm’s collapse, ranging from corporate governance failures, to severe breaches of professional ethics and standards, to ambiguity in the way the firm carried out its policies and internal operating procedures. The latter cause – ambiguity – is a topic that Mr. Torbert researches and teaches. His recent law review article – A Study of the Risks of Contract Ambiguity – was published in Volume 2, Issue 1 (2014) of STL’s Peking University Transnational Law Review. The article was one of the top ten most downloaded articles on SSRN in the fields of Contracts, Commercial Law, and Securities Law. Professor Torbert is a long-time visiting professor at STL, teaching a very pragmatic course on ambiguity and problems in multilingual contracts. He currently is Senior Counsel at Baker & McKenzie, where he was one of the founders of the firm’s China practice group and played a key role in establishing the firm’s Beijing and Taipei offices.
Following the lecture, members of STL’s Law Review Board presented Professor Torbert with a signed copy of the most recent edition of the Law Review, which includes Professor Torbert’s article.
Friday, November 28, 2014
C303, PKU ShenZhen
Lawyer Cao Pingsheng from Grandall Law Firm will speak at Peking University School of Transnational Law on Capital Market and Securities Lawyer. Mr. Cao’s work includes advising dozens of companies in their restructuring, IPO, re-finance, M&A, issuing of convertible bond and equity division reform. Some of his notable clients include NOPOSION Corporation, Guangdong Ronsen Super Micro-wire Co., Ltd., Tibet Galaxy Science & Technology Development Co., Ltd., Guangxi Guidong Electric Power Co., Ltd., China Merchants Property Development Co., Ltd., Shenzhen Worldsun enterprise Co., Ltd., Shenzhen Zhongheng Huafa Co., Ltd., China Overseas Land & Investment Ltd.(Hongkong listed company), Shenzhen Investment Ltd. (Hongkong listed company) and CITIC Resources Holdings Ltd. (Hongkong listed company).
He obtained his M.A. degree from Central South University and his B.A. degree from Central South University.
In the perspective of legal globalization, Peking University Law and World Global Forum will organize famous legal scholars all over the world to explore significant issues faced by legal theories and practices during China’s process of driving the national policy of ruling by law.
The Forum will organize academic discussions on different topics such as the following:
Globalization and Development of Legal Education
Globalization and Rules of M&A, Globalization
Financial Supervision System
Globalization and Innovation of the Dispute Settlement Mechanism etc.
The recent forum sponsored by Peking University School of Transnational Law, together with Northwest University of Politics & Law will focus on the topic of Globalization and Development of Legal Education, for the purpose of promoting the revolution and development of China’s legal education by having legal scholars from all over the world explore the legal education systems of different countries.
STL’s new LL.M. program is featured in the November 2014 edition of National Jurist. Click here to read the full article.
Wednesday, November 19, 2014
07:00 – 08:30 p.m.
C303, PKU ShenZhen
For many decades, Arthur Andersen was one of the world’s five largest accounting firms and one of the world’s premier professional organizations with a reputation for integrity and trustworthiness. But in 2002 it was convicted of obstructing justice and ceased to provide auditing services to public companies. How can we explain this? What was the cause (or causes) of Andersen’s fall? How do we find the cause (or causes)? What have the lawyers said about its fall and why? What can we learn from Andersen’s fall?
Mr. Preston M. Torbert is currently Senior Counsel at Baker & McKenzie’s Chicago office where he practiced for three decades, drafting documents and advising clients on trade, investment, and compliance matters in China. He is a founder of the firm’s China Practice Group, and a co-founder of the firm’s Taipei and Beijing offices. He holds degrees from Princeton (A.B.), Chicago (Ph.D. in Chinese history), and Harvard (J.D.).
Mr. Torbert is the author of The Ch’ing Imperial Household Department, of four books in Chinese on drafting English-Chinese bilingual contracts, and of numerous articles, including recently, “Contract Drafting: A Socratic Manifesto” in The Scribes Journal of Legal Writing (2011-12) and “A Study of the Risks of Contract Ambiguity” in The Peking University Journal of Transnational Law (2014).
On November 4, 2014, the Peking University School of Transnational Law (STL) hosted a lunch-time lecture during which STL Visiting Assistant Professor Nicholas Frayn discussed an important criminal law case currently pending in the New York Court of Appeals. The case, People v. Dunbar, asks whether a program run by the Queens District Attorney of videotaped interviews with defendants conducted shortly before they were arraigned, at which point the right to counsel would attach, violated the defendants’ rights under the Fifth Amendment, which include protection from compelled self-incrimination.
Before joining STL, Professor Frayn was an attorney with the Legal Aid Society’s Criminal Practice, the largest public defender program in the United States. At the Legal Aid Society, he litigated dozens of cases in which defendants had given videotaped statements under the program at issue in People v. Dunbar. Professor Frayn described the various arguments that have been raised in the filings and engaged the audience of STL students and faculty with challenging questions about defendant’s “rights” in the United States criminal justice system.
Professor Frayn teaches criminal law in STL’s first-year J.D. curriculum.
On November 4, 2014, the Peking University School of Transnational Law (STL) welcomed Professor Daniel M. Filler, Senior Associate Dean for Academic and Faculty Affairs at Drexel University Thomas R. Kline School of Law. Professor Filler, a criminal law and legal ethics scholar, presented a lecture on “The New Dawn of Hands-on Legal Education,” about the new emphasis in American legal education on the importance of experiential learning. Following the lecture, Professor Filler met with groups of STL students and faculty to learn more about STL’s innovative J.D./J.M. program of study and to share his experience at Drexel, a law school known for its extensive experiential “co-op” programs.
In addition to his faculty and administrative positions at Drexel, Professor Filler is the co-founder of one of the most widely read law professor blogs, The Faculty Lounge, which has twice won awards from the American Bar Association as one of the Top 100 law blogs in the United States. In September, 2014, STL Associate Professor Ray Campbell was invited to be a guest blogger on The Faculty Lounge.
In the evening of October 30, 2014, Peking University Intellectual Property Association (IPA) was greatly honored to have Ms. Guohua (Annie) Wu, senior partner at Jincheng, Tongda & Neal (JT&N), on campus to give senior students a lecture on Chinese overseas M&A practice. She started with a brief introduction to some key legal issues related to Chinese overseas M&A including new trends and difficulties for Chinese corporations in M&A transactions in the United States. Then she shared her extensive experience working in both international and domestic law firms as a transactional lawyer as well as being a law school student in Cornell Law School before she started her career. In Q&A section she answered questions from students in terms of job-hunting for a law firm position, as well as how to develop essential career skills as a junior associate. Prof. Richard Schepard attended the lecture and also contributed to some topics covered during the talk.
Impressed by Peking University School of Transnational Law (STL) graduates’ excellent performance at JT&N, Ms. Wu also expressed her intention to recruit more STL students for internship with her team.
Ms. Guohua (Annie) Wu is a leading lawyer on Corporate & M&A. She practiced law for about ten years with two prestigious international law firms, Sullivan and Cromwell (New York) and Kirkland and Ellis (Chicago). Prior to joining Jincheng Tongda & Neal, she was a partner in the Beijing office of Paul Hastings & Janovsky LLP.
Tuesday, November 4, 2014
12:15 – 13:30 p.m.
C303, PKU ShenZhen
The Fifth Amendment protects a defendant’s right against self-incrimination, as embodied in the ubiquitous “Miranda” rights recited in every US cop show. People v. Dunbar, argued in New York’s Court of Appeals in mid-September, asks whether a program run by the Queens District Attorney of videotaped interviews with defendants conducted shortly before they were arraigned, at which point the right to counsel would attach, violated their rights under the Fifth Amendment. On the one hand, the case seems like a straightforward application of the Miranda case law developed since that decision first came down in 1966. But as the case progresses with numerous filings, including amicus briefs from the NYCLU and professors at NYU School of Law, it has become clear that the case raises questions about the fundamental structure of criminal justice and the authority and rationale for employing an adversarial, as opposed to inquisitorial, system.
The lecture will be given by Nicholas Frayn, visiting assistant professor of law at Peking University School of Transnational Law, who earned a J.D from the Benjamin N. Cardozo School of Law.
As an attorney with the Legal Aid Society, Nicholas Frayn litigated dozens of cases in which defendants had given video-taped statements under the program. He will introduce the topic and outline the various arguments that have been raised in the filings so far, before asking whether or not they can describe the adversarial process as a defendant’s “right” in the US criminal justice system.