Final Programme - International Bar Association

Working sessions – Thursday
114
Wednesday 1730 – 1830
Open committee business meeting
Presented by the International Sales Committee.
An open committee meeting of the International Sales Committee
will be held to discuss matters of interest and future activities.
Thursday 0730 – 0930
LIFFEY MEETING ROOM 3, LEVEL 1
BIC open forum and open policy committee
breakfast meeting
Presented by the Bar Issues Commission.
All bar association representatives are invited to join this meeting for
information on the future plans, projects and conference sessions
organised by the Bar Issues Commission (BIC). There will be a report
from the BIC Policy Committee and business items in the Council
Agenda will also be discussed.
Thursday 0800 – 0930
MARQuEE, CCD
Open committee business meeting and
breakfast
Presented by the Academic and Professional Development Committee.
An open meeting of the Academic and Professional Development
Committee will be held to discuss matters of interest and future
activities.
Thursday 0830 – 1230
Law firm visits
Presented by the Law Firm Management Committee.
FOYER, LEVEL 5
Session Co-Chairs
Charles Coward Uría Menéndez, Barcelona, Spain; Vice-Chair
Europe, Law Firm Management Committee
Herman J Knott Luther, Cologne, Germany; Secretary, Law Firm
Management Committee
Chris Van Olmen Van Olmen Wynant, Brussels, Belgium; Senior
Vice-Chair, Employment and Industrial Relations Law Committee
Officers of the Law Firm Management Committee will lead a group
of IBA delegates to visit several Dublin law firms for briefings on
strategy, practice management, organisational issues, marketing
and office systems.
Places will be strictly limited and allocated on a ‘first come, first
served’ basis at the conference. To register your attendance, please
visit the IBA speakers’ desk at the conference.
The coach will depart from the CCD at 0830.
Speakers
Myra Garrett William Fry, Dublin, Ireland
Philip Lee Philip Lee Solicitors, Dublin, Ireland
Julian Yarr A&L Goodbody, Dublin, Ireland
Thursday 0930 – 1100
Tax reps, warranties and indemnities: effects
and related disputes
Presented by the Taxes Committee.
Session Co-Chairs
Andrew Loan Macfarlanes, London, England
Paul Sleurink De Brauw Blackstone Westbroek, Amsterdam, the
Netherlands
Tax reps and warranties raise important issues for the transactional
tax lawyer. This panel will not review the standard reps and
warranties included in share or asset purchase agreements, but will
take the topic one step further by discussing the practical impact
of the tax provisions on transaction accounting issues in general
and ‘locked box’ transactions in particular. Moreover, the panel will
address the treatment of ‘earn-outs’, the practicalities of disputes and
litigation arising from tax reps and warranties, and whether damages
can always be structured as an adjustment of the purchase price.
Speakers
Kevin Colan Osler Hoskin & Harcourt, New York, USA
Torsten Engers Flick Gocke Schaumburg, Frankfurt am Main,
Germany
Paul Fahy A&L Goodbody, Dublin, Ireland
Oleh Marchenko Ulysses, Kiev, Ukraine
Peter Ni Zhong Lun Law Firm, Shanghai, China
John Peterson Minter Ellison, Auckland, New Zealand
Coffee and tea breaks will be held between 1100 – 1130 and
1600 – 1630. To accommodate the flow of delegates through the
Conference Centre please note the closest coffee/tea station to
this session is outside Conference Rooms 1-5, Level 1.
Thursday 0930 – 1230
CONFERENCE ROOM 3, LEVEL 1
Class actions or mass actions – the experience
of litigators and financial institutions
Joint session with the Banking Law Committee and the Litigation
Committee.
Session Co-Chairs
Angelo Anglani NCTM StudioLegale Associato, Rome, Italy;
Corporate Council Forum Liaison Officer, Litigation Committee
Russell DaSilva Hogan Lovells US, New York, USA; Chair, Financial
and Banking Law Conferences Subcommittee
The global financial crisis resulted in thousands of legal actions
brought by investors vis-à-vis banks and other financial institutions.
The common situation in which the investors found themselves (they
had lost their investment and/or felt misled and misinformed) led
them to identify common grounds of action and conceive either class
actions or mass actions to claim damages for the loss suffered. The
defendants often found themselves exposed to liabilities they had
never considered before.
In the first part of the session, the panellists will describe the strategy
choices of claimants’ and defendants’ counsels, and the positions of
the involved financial institutions. The second part of the session will
compare the ways in which different jurisdictions have approached
the challenges that resulted from the avalanche of financial crisis
litigation. This comparative overview will allow the participants to
evaluate the efficiency of the various procedural systems and to draw
conclusions on the lessons to be learned by financial institutions and
litigators. It remains open what, among the classical class actions, the
various European models of mass actions and traditional individual
litigation systems, produce the better results.