The Berkeley Journal of International Law Presents

“Business Without Borders: Regulating Global Finance”

2016 Riesenfeld Symposium

FRIDAY, OCTOBER 7, 2016  •   BOALT HALL, BERKELEY

REGISTER HERE

Two (2) hours of Continuing Legal Education (CLE) credit will be available

Schedule
12:45-2:00 | Keynote Address in Room 100
 • David Wright, Secretary General, International Organization of Securities Commissions (2012-2016)
2:15-3:30 | Panel on Enforcement of Securities Regulations in Cross-Border Transactions in Room 100
 • Jill E. Fisch, Visiting Professor, Berkeley Law
 • Alexis Coll-Very, Partner, Simpson Thacher & Bartlett
 • James Kreissman, Partner, Simpson Thacher & Bartlett
 • Marianne Olson,  Senior Special Counsel-International Enforcement, SEC Office of International Affairs
3:45-5:00 | Panel on Compliance Issues in Cross-Border Financial Transactions in Room 100
 • Aaron Tidman, Anti-Corruption Counsel, Gilead Sciences
 • Stavros Gadinis, Professor of Law, Berkeley Law
 • John F. McKenzie, Partner, Baker & McKenzie
5:00-6:00 | Reception in West Courtyard – Hors d’oeuvres and Drinks Provided

If you would like to attend all or part of this years Riesenfeld Symposium please RSVP here: Eventbrite.

Speakers

David Wright, Secretary General, International Organization of Securities Commissions (2012-2016)

After graduating from Worcester College, Oxford in 1974 in politics, economics and philosophy (PPE) David has worked for nearly 34 years in the European Commission from 1977- 2011. He held a variety of posts including at the beginning of his career responsibility for oil and gas data in the Statistical Office, Luxembourg (1977-1981) during the second oil crisis; energy policy coordination and modelling in the Directorate General for Energy, Brussels (1982-1987); and then industrial trade policy negotiations during the Uruguay multilateral trade round (1987-1989).

From 1989-1992 he was a member of President Delors’ “Think Tank” called the “Cellule de Prospectives” where he worked on industrial policy and wrote the first Commission document on sustainable development. In this period he co-authored a book with Professor Alexis Jacquemin on the post-1992 EU political and economic agenda called “Shaping factors, shaping actors”.

From 1993-1994 he was a member of Sir Leon Brittans’ Cabinet and worked on various aspects of trade and industrial policy, including completion of the Uruguay Round in 1994. In 1995 he became an Adviser to President Jacques Santer in his Cabinet – covering competitiveness, industrial and telecom policies, political relations with the UK and Ireland, financial services, risk capital and various other trade and foreign policy briefs.

From March 2000 – October 2010 he was first Director, then Deputy Director-General for securities and financial markets, then for all financial services policy in DG Internal Market and Services. He helped design and drive forward the Financial Services Action Plans to integrate the EU’s capital and financial services markets. He was the rapporteur for both the Lamfalussy (2000/1) and De LaRosière Committees (2008/9), chaired the Securities and Banking Committees and represented the Commission in the Financial Services Committee and in various FSB/G20 fora. He also played a leading role in the EU-US financial markets dialogue in this period.

He was the EU Visiting Fellow at St Antony’s College, Oxford until July 2011 and was a Member of the European Commission’s Task force on Greece until the end of January 2012.

David Wright’s was appointed Secretary General of the International Organization of Securities Commissions (IOSCO) in 2012 and held the position until 2016.

Jill E. Fisch, Visiting Professor, Berkeley Law

Jill E. Fisch is visiting Professor at Berkeley Law School and Perry Golkin Professor of Law and co-director of the Institute for Law and Economics at the University of Pennsylvania Law School where she teaches and writes on corporate law, corporate governance and securities regulation.  Profesor Fisch’s scholarship has appeared in a variety of publications including the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the University of Pennsylvania Law Review and the Texas Law Review.  Recent research focuses on corporate governance, money market fund regulation, and litigation.  Professor Fisch is also engaged in a series of experimental projects analyzing retail investor decision-making and financial literacy.

Prior to joining Penn, Professor Fisch was the T.J. Maloney Professor of Business Law at Fordham Law School and Founding Director of the Fordham Corporate Law Center.  She has served as a visiting professor at Harvard Law School, Columbia Law School and the Georgetown University Law Center and is currently visiting professor at Berkeley Law School.  She has lectured on corporate and securities law in China, Japan, Norway, France, Germany and the United Kingdom.

Professor Fisch practiced law as a trial attorney with the United States Department of Justice, Criminal Division, and an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton.  She is a member of the American Law Institute and a director of the European Corporate Governance Institute.  She chaired the Committee on Corporation Law of the Association of the Bar of the City of New York and the sections on Securities Regulation and Business Associations of the Association of American Law Schools.  She received her B.A. from Cornell University and her J.D. from Yale Law School.   

Alexis Coll-Very, Partner, Simpson Thacher & Bartlett

Alexis Coll-Very is a Litigation Partner at Simpson, Thacher, & Bartlett, where she focuses on government and internal investigations, shareholder litigation and complex commercial disputes. In 2015, she was named by The Daily Journal as a “Top Woman Litigator in California,” and from 2014-2016 she has been recognized by the publication as one of the “Top Women Lawyers,” which recognizes the legal achievements of women in the state of California. In 2011, the Silicon Valley Business Journal honored her as a Woman of Influence. In 2013, The Recorder recognized Alexis as one of its Women Leaders in Technology Law.

Alexis regularly advises both publicly and privately held companies who are confronted with allegations of wrongdoing. She regularly conducts internal investigations for management and boards of directors (including audit and other board committees), and represents these clients in any associated proceedings before federal, state and industry regulators. She also defends companies in shareholder litigation, including federal and state securities claims and derivative claims.  In recent years, her practice has increasingly focused on Asia and Alexis spends a significant amount of time in our Hong Kong and Beijing offices.

James Kreissman, Partner, Simpson Thacher & Bartlett

James Kreissman is a senior litigation partner in Simpson Thacher & Bartlett LLP’s Palo Alto office. His practice focuses on government and internal investigations, M&A litigation, securities litigation, and antitrust litigation. He is the Firm’s senior West Coast litigator concentrating in these areas.

James currently represents or has recently represented clients in numerous investigatory matters and securities litigation for corporations, financial institutions and their officers and directors. For example, he represents certain former officers and directors of Lehman Brothers in various civil and regulatory matters relating to Lehman’s September 2008 bankruptcy filing.

Jim also has in-depth experience with direct and derivative litigations related to mergers or acquisitions. He recently headed up the successful defense of multi-jurisdictional litigation challenging Silver Lake’s marquee 2013 acquisition of Dell Inc. Some of his other current and/or recent M&A litigation clients include Blum Capital, Captaris, C.B. Richard Ellis, Facet Biotech, Elevation Partners, Hellman & Friedman and KKR. Jim also co-chaired the 2013 PLI Merger Litigation Conference.

James has served as counsel to numerous Special Litigation Committees and Audit Committees in connection with various civil, criminal and regulatory matters, including work for Archer Daniels Midland, BEA Systems, Clorox, LDK Solar, Levi Strauss, Oracle, Verifone and Westar Energy. Jim has also conducted numerous internal investigations for companies relating to accounting, tax and regulatory compliance matters.

Jim has also been named one of the best antitrust lawyers in the Bay Area by Bay Area Lawyer Magazine. He has worked on a number of antitrust matters with a particular emphasis on the representation of corporations accused of price-fixing or other anticompetitive behavior in both civil and criminal matters. His representative matters include representations of HannStar (TFT-LCD), Chimei-Iinnolux (TFT-LCD) Elpida Memory Inc. (DRAM), Virgin Atlantic Airlines (airline fuel surcharge), Appleton Papers, Inc. (fax paper), Haynes International (high nickel alloy steel), and Archer Daniels Midland Corporation (food additives).

In 2011, Jim created the Asia Litigation Practice, which coordinates the efforts of the Firm’s litigators to serve the litigation needs of Asia-based clients, particularly with respect to antitrust, government and internal investigations, securities, intellectual property and international arbitration matters. Jim has headed this group since its inception and devotes a substantial part of his practice to the representation of Asia-based clients and Asia-based offices of international corporations and firms.

Marianne Olson, Senior Special Counsel-International Enforcement, SEC Office of International Affairs

Marianne B. Olson is a Senior Special Counsel for International Enforcement in the Office of International Affairs (OIA) at the U.S. Securities and Exchange Commission.  Ms. Olson is OIA’s liaison with securities enforcement counterparts in the United Kingdom, Australia and New Zealand.  Ms. Olson travels abroad regularly to dialogue with foreign counterparts in meetings of the International Organization of Securities Commission’s Standing Committee 4 on Enforcement and Exchange of Information.  She also participates in IOSCO’s Screening Group on the Multilateral Memorandum of Understanding, which sets forth the international benchmark on international cooperation in securities enforcement matters.

Prior to joining the SEC in 1998, Ms. Olson was an attorney with the U.S. Commodity Futures Trading Commission’s Office of International Affairs and Division of Trading and Markets.  Ms. Olson received her J.D. from George Mason School of Law and her B.S.F.S from Georgetown University.

Aaron Tidman, Anti-Corruption Counsel, Gilead Sciences

As Anti-Corruption Counsel for Gilead Sciences, Inc., Aaron Tidman is responsible for a diverse portfolio of legal and compliance matters related to Gilead’s anti-corruption and OFAC program.  His responsibilities include drafting and updating anti-corruption compliance policies; rolling out a global due diligence program for the engagement of third parties; assessing and responding to any issues identified during the due diligence process; designing and conducting anti-corruption training programs for Gilead employees and third parties; conducting cross-functional compliance audits of Gilead affiliates and third parties; advising on anti-corruption provisions in contracts; reviewing grants and donations; advising on OFAC questions from internal clients; and providing day-to-day compliance and business conduct advice to Access Operations & Emerging Markets (Gilead’s program to increase access to medicines and healthcare in low- and middle-income countries).

Prior to joining Gilead, Mr. Tidman spent eight years working for Debevoise & Plimpton and Mintz Levin in Washington, DC.  His practice focused on white collar criminal defense, FCPA internal investigations and compliance reviews, and securities litigation.  Mr. Tidman received his J.D. from Syracuse University College of Law and his B.A. from the University of Pennsylvania.

Stavros Gadinis, Professor of Law, Berkeley Law

Stavros Gadinis’ research examines questions in financial regulation and international business transactions. His work focuses on the relationship between the financial industry and government regulators. His goal is to disaggregate agency bureaucracies and study the interactions between key constituents: agency officials, political appointees, corporate litigators, and finance professionals. His latest paper examines the regulatory response to the 2007/8 financial crisis in 15 key jurisdictions, including the U.S., the U.K., France, Germany, Japan, and Switzerland. He shows that newly created powers were assigned not to independent regulators, such as central banks, but to politically controlled officials, such as treasury secretaries and finance ministers (From Independence to Politics in Financial Regulation, forthcoming CAL. L. REV. 2013).

In The SEC and the Financial Industry: Evidence from Enforcement Against Broker-Dealers, 67 BUS. LAW. 679 (2012), Gadinis examines the SEC’s enforcement efforts towards a key segment of the financial industry, investment banks and brokerage houses, in the period right before the 2007/08 financial crisis. He shows that big firms and their employees fared better than small firms and their employees in important dimensions.

In The Politics of Competition in International Financial Regulation, 49 HARV. INT’L L.J. 447 (2008), he explores why policy coordination was achieved in certain fields (international accounting standards and capital adequacy regulation) but not others (cross-border stock exchange trading and Sarbanes-Oxley auditor regulation). An earlier article, co-authored with Howell Jackson, explores the allocation of regulatory responsibilities to stock exchanges, administrative agencies and central government entities in the eight most influential jurisdictions for securities regulation in the world (Markets as Regulators, A Survey, 80 S. CAL. L. REV. 1239 (2007)).

Before entering into academia, Gadinis practiced corporate law for four years in Europe. His work spanned a wide spectrum of equity and debt transactions, ranging from cross-border mergers and acquisitions, stock offerings, and privatizations, to derivatives, securitizations, and CDOs. In addition to U.S. law, he has worked in transactions that involved the laws of many European countries. Gadinis completed his S.J.D. at Harvard in May 2010. He also holds an LL.M. degree from the University of Cambridge (UK), and a law degree from Aristotle University, Greece.

John F. McKenzie, Partner, Baker & McKenzie

Mr. McKenzie’s practice is focused on cross-border transactions and international trade regulation. His practice also covers planning and structuring international investments, international mergers, acquisitions, consolidation and reorganization transactions, international commercial and technology development and transfer transactions, as well as customs and import regulations, export controls and international corporate compliance. Mr. McKenzie joined Baker & McKenzie in 1976 and has since worked in Baker & McKenzie offices in Caracas, Venezuela and Taipei, Taiwan.

Mr. McKenzie has written and spoken extensively on United States export controls, import trade regulation, anti-boycott regulation, international antitrust matters, the Foreign Corrupt Practices Act and the international distribution and protection of computer software. His articles on those topics have appeared in the proceedings of the University of Southern California Tax Institute, the Computer Lawyer, the International Lawyer, the Vanderbilt Journal of Transnational Law, the Boycott Law Bulletin, the proceedings of the Arizona State University Computer Law Institute, and the proceedings of the University of Southern California Computer Law Institute.

Mr. McKenzie received his B.A. degree (Phi Beta Kappa; magna cum laude) from Williams College in 1969, and his J.D. degree (cum laude) from Harvard Law School in 1976.

 

Two (2) hours of Continuing Legal Education (CLE) credit is available. In preparation for the Symposium, and to foster productive discussion, we invite you to read Professor Stavros Gadinis’s article entitled “Three Pathways to Global Standards.”

Contact Kelsey Quigley at kelsey0quigley@berkeley.edu, Emmanuelle Berdugo at eberdugo@berkeley.edu or Jacqueline Simonovich jmsimonovich@berkeley.edu  for more information.