Legal Symposium 2012

Transcription

1 Legal Symposium February 2012 Shanghai, China Table of Contents Sunday February 5 - Speaker Biographies... 2 Monday February 6 - Program Details... 6 Tuesday February 7 - Program Details... 8 Monday February 6 and Tuesday February 7 - Speaker Biographies... 10

2 IATA Legal Symposium Speaker Biographies Sunday 5 February - Welcome Dinner Addresses Ma Xulun President, China Eastern Airlines Co. Ltd. Mr. Ma Xulun has served as President of China Eastern Airlines Corp. Ltd. since December 2008 and Director of the Company since February He is currently Vice Chairman, Party Secretary of CEA Holding Company and President of China Eastern Airlines Co. Ltd. Mr. Ma joined the civil aviation industry in He used to serve as Deputy General Manager of China Commodities Storing and Transportation Corporation, Deputy Director General of Financial Department of CAAC. After the restructure of Chinese civil aviation industry in 2002, he became Vice President of Air China. From September 2004 to January 2007, he had been President and Deputy Party Secretary of Air China. From January 2007 to December 2008, he was Deputy General Manager of China National Aviation Holding Company. Mr. Ma was born in He graduated from Shanxi University of Finance and Economics and Huazhong University of Science and Technology. Mr. Ma has a master degree and is a qualifi ed accountant. 2

3 Guo Junxiu General Counsel, China Eastern Air Holding Company Mr. Guo Junxiu is currently the General Counsel of China Eastern Air Holding Company. Mr. Guo joined the civil aviation industry in He is a former associate professor of Economic Law in Xiamen University, and then Vice President of Law School of Xiamen University. In April, 2007, Mr. Guo was appointed as General Counsel of China Eastern Air Holding Company. In 2011, Mr. Guo won the title of Outstanding Top Ten General Counsels of State-Owned Corporations. Mr. Guo graduated from Xiamen University and holds the doctor degree of International Economic Law. 3

4 Sheng Leiming President, Shanghai Bar Association Educational Background East China University of Political Science and Law, LL.M Professional Affiliation Leading Partner and Director of Shanghai Zhongmao Law Firm Deputy President of All China Lawyers Association (ACLA) President of Shanghai Bar Association (SBA) Practice Areas Civil and Commercial Law Real Estate Finance Honor Shanghai Top Ten Young and Mid-aged Jurist Top Ten Lawyers of Shanghai (Master Lawyer of Orient) 25 Hot Lawyers of China in 2010 by Asia Law Business (ALB) 10 Lawyers of the year 2010 by ACLA Sheng Leiming has undertaken legal academic researching in China East University of Political Science and Law for 14 years. He has published 3 academic wrings and over 20 essays, while undertaking several important research project and local legislation. 4

5 Liu Yixing Director, Senior Partner, Dacheng Law Offi ces Mr. Liu Yixing, the director of Shanghai branch offi ce and the senior partner of Dacheng Law Offi ce, the member of Shanghai Lawyers Association and Shanghai Arbitration Committee, graduated from Peking University, and received his master degree from Conventry University and his doctorate from National Taiwan University. Mr. Liu Yixing specializes in capital operation, intellectual property strategy and litigation, overseas investment and criminal defense. Hongming Xiao Senior Partner, International Practice Group, Guantao Law Firm Hongming Xiao is a senior partner in the international practice group and a member of the Management Committee of Guantao Law Firm. He has extensive experience in corporate/m&a, foreign direct investment and International Trade, with a particular focus on the energy and natural resources area, as well as aerospace area. Mr. Xiao is ranked by Chambers Asia Pacifi c 2011/2012 as a Leader in their Fields in the fi eld of Corporate/ M&A and Energy & Natural Resources (PRC Firms). He is also nominated as one of the region s preeminent lawyers for Energy & Natural Resources by the Asialaw Leading Lawyers

6 Monday February 6 - Program Details 07:30-17:45 Registration 08:15-09:00 Welcome Address Gary Doernhoefer, General Counsel, IATA Official, Civil Aviation Administration of China Liu Shaoyong, Chairman, China Eastern Air Holding Company Carlos M. Tornero, Senior Legal Counsel, IATA 09:00-10:30 Plenary Session: The Loveless Triangle: Issues Arising Between Airlines, GDSs and Travel Agents This lively panel discussion will highlight the dysfunctional traditional distribution channel: the battle for control of passenger sales data, airlines withholding content, travel agencies caught in the crossfire and denied access to ancillary revenue sales capability, and even markets closed to competition among GDSs. Gary Doernhoefer, General Counsel, IATA (Moderator) Marshall S. Sinick, Partner, Squire Sanders, Washington, D.C. Jackson K Pek, Vice President and General Counsel, Asia Pacific, Amadeus IT Group, SA William G. Hopping, Senior Attorney, American Airlines Inc. Li Jinsong, General Counsel, Travelsky Technology Limited 10:30-11:00 Refreshment Break 11:00-12:15 Breakout Session: Competition Law Developments in Asia 12:15-13:30 Luncheon Competition law enforcement has become commonplace in jurisdictions around the world. This group of experts will explore the ramifications of this growing trend in Asia and what carriers operating to and from the region should expect, whether it is in negotiating a merger, entering a market, or posting information on their website. Martin Dajani, Partner, DLA Piper, Hong Kong (Moderator) Sung Bom Park, Partner, Yoon & Yang LLC, South Korea Nienke Neij, Corporate Legal Counsel, KLM Royal Dutch Airlines Lester Ross, Partner, Wilmer Cutler Pickering Hale and Dorr LLP, Beijing Alan Khee-Jin Tan, Professor, Faculty of Law, National University of Singapore, Singapore Breakout Session: Criminalization of Aircraft Accidents: Can the Genie Ever Be Put Back in the Bottle? This panel will consider some of the key issues around the accident investigation process and the participating parties. It will discuss the impact of the phenomenon of criminalization on the integrity of the investigation process and explore recent proposals to protect safety information from inappropriate use. It will also consider whether any other means can be found of providing a process of public accountability without the dangers of routine reliance on criminal prosecution. Richard Gimblett, Partner, Holman, Fenwick & Willan, London (Moderator) Roderick Van Dam, Head of Legal Service, Eurocontrol, Brussels Jonathan Aleck, Associate Director of Aviation Safety, Civil Aviation Safety Authority, Canberra Paul McCarthy, Representative to ICAO, IFALPA, Montreal Simon Foreman, Partner, Soulez Larivière & Associés, Paris 13:30-15:00 Plenary Session: Market Access The success of international commercial aviation depends in great part on a favorable regulatory environment. This panel will explore common issues with bilateral restrictions, slot access, recognition of flexible operational requirements such as wet leases, interchanges and foreign ownership, and other issues that affect access to markets. Trevor Soames, Partner, Shearman & Sterling, Brussels (Moderator) G. Bailey Leopard, Jr., Senior Counsel, FedEx Express Juan Carlos Mencio, General Counsel North America, Lan Airlines, S.A. James Wade, Partner, Haynes and Boone, Washington, D.C. Russell Miller, Partner, Minter Ellison, Canberra 6

7 Monday February 6 - Program Details (continued) 15:00-15:30 Refreshment Break 15:30-16:45 Breakout Session: Facing Up To Facebook: The Significance and Legal Implications of Social Media for the Airline Industry. This panel discussion will examine the pervasiveness of social media sites like Facebook and Twitter, their utility for the airline industry, as well as the legal issues and risks posed by social networking. From its role as a vital tool for marketing, customer relations, and crisis management, to the legal issues presented by employees social networking activities, to the growing discovery and use of evidence from social media sites in litigation, social media is here to stay. This lively panel discussion by legal experts and industry insiders will help you navigate the changing legal landscape. Dalia Saper, Professor at Loyola University College of Law, Chicago (Moderator) Nigel L. Howard, Partner, Covington & Burling LLP Michael P. Carbone, Director Litigation, JetBlue Airways Corporation John D. Goetz, Partner, Jones Day, Pittsburgh Breakout Session: Cargo Matters Ever since a couple of printer cartridges from Yemen hit the news, regulators around the world have no longer turned a lazy-eye towards a new terrorist threat arriving aboard a freighter aircraft. This group of panelists will analyze the various cargo security regimes around the world, the role that IATA or other associations may play in harmonized standards for a secure supply chain and what it will all mean to our air cargo operations in the years to come. Evelyn Sahr, Partner, Eckert Seamens, Washington, D.C. (Moderator) Sarah Prosser, Managing Director, Regulatory Affairs, FedEx Express Michael White, Assistant Director, Cargo Facilitation & Standards, IATA Christoph Casparis, Swiss International Air Lines Ltd. Laura Logan, Director, Security Systems & Regulatory, Air Canada 16:45-17:30 Plenary Session: General Counsel s Roundtable: How Can Legal Departments Adjust to the Changing World? Social Media, Unstable Financial Markets, Rising Fuel Costs, Government Over-Regulation, New Distribution Channels, Terrorist Acts, Swine Flu and the list goes on and on. Today s airline General Counsel faces more uncertainty from more sources than ever before. General Counsels are increasingly expected not just to anticipate the next crisis and react swiftly when it occurs while ensuring no disruption to routine activities, but to also combine legal and business skills to creatively add value to the airline s bottom line. Faced with these expectations, this group of airline in-house counsel will tell how they do it, and identify the key ingredients to the successful Airline Legal Department of the future. Gary Doernhoefer, General Counsel, IATA (Moderator) Guo Junxiu, General Counsel, China Eastern Air Holding Company Chen Weihua, General Counsel, China Southern Airlines Company Limited Rush O Keefe, Senior Vice President and General Counsel, FedEx Express Nicolai Ingo von Ruckteschell, Senior Vice President and General Counsel, Lufthansa Group 18:15 Transportation from Hotel to Dinner Venue 19:00-20:30 Symposium Dinner Cocktail Reception 20:30-22:30 Symposium Dinner 22:30 Transportation from Dinner Venue to Hotel 7

8 Tuesday February 7 - Program Details 08:00-17:00 Registration 09:00-10:30 Plenary Session: Aviation Emissions - Where to Now? The European Union s ETS and other economic measures that impact the aviation industry are under attack. Are national or regional schemes legal under international law? Should emissions be dealt with only on a global level and if so, when and how? This panel will examine different approaches to aviation emissions and consider the legal and political implications for airlines and the international community of current activity in the EU and at ICAO. John Byerly, Former Deputy Assistant Secretary for Transportation Affairs, US State Department, Washington D.C. (Moderator) Peter Macara, Partner, Clyde & Co LLP, London Pablo Mendes de Leon, Professor of Air & Space Law, Leiden University Angela Foster-Rice, Managing Counsel - Environmental, United Airlines, Inc. Zhihang Chi, Vice President & General Manager, North America, Air China Limited Yvonne-Christine Schmidt, Legal Officer, International Carbon Market, Aviation and Maritime, DG Climate Action, European Commission, Brussels 10:30-11:00 Refreshment Break 11:00-12:15 Breakout Session: Consolidation - Is It Vital? Consolidation can be accomplished in many forms, via mergers, acquisitions, alliances, or joint ventures. Is there a right model? In today s regulatory environment, what form makes the most sense? Should in house counsel be driving the decisions? Roy Goldberg, Partner, Sheppard Mullin Richter & Hampton LLP, Washington, D.C. (Moderator) Thomas Mueller, Partner, Wilmer Hale, Washington, D.C. Geert Goeteyn, Partner, Shearman & Sterling LLP, Brussels J. Otto Grunow, General Manager, Joint Business (American Airlines, British Airways, Iberia Airlines of Spain) Barbara Von Koppen, General Counsel, KLM Royal Dutch Airlines Breakout Session: 9/11-10 Years On: What Have We Learned? Ten years have passed since the tragic events of 9/11 but the terrorist threat to the airline industry persists. These panelists were all closely involved in different aspects of the 9/11 case and will discuss the liability, claims handling, insurance and security issues involved and their potential effects on the industry going forward. Desmond Barry, Partner, Condon & Forsyth, New York (Moderator) Francine Kerner, Chief Counsel, Transportation Safety Administration, Washington D.C. Marc Moller, Partner, Kreindler & Kreindler, New York Timothy Tomasik, Partner, Clifford Law Offices, Chicago Jerry Flaxman, Business Development Manager, QBE Aviation Syndicate 5555, London 8

9 Tuesday February 7 - Program Details (continued) 12:15-13:45 Luncheon Keynote Speaker: Allan Mendelsohn, Of Counsel, Cozen O Connor, Washington D.C. 13:45-15:00 Breakout Session: Investment Panel/Non-Lawyer What are the business models for the future that are going to save the airlines and how should lawyers prepare let s hear from bankers, financial analysts, traders and other professionals that provide financial advice to the aviation community. Whether it s considering the next joint venture or where and how to source funds to purchase your next A380, these experts will give us their insight as to why certain transactions make good sense, not just legal sense. Marianne Rosenberg, Partner, Squire Sanders, New York (Moderator) Brian Havel, Professor, DePaul University, Chicago Colum Carr, Managing Director at SkyWorks Capital, Hong Kong Xianping Ping Wang, Of Counsel, Holland & Knight, Washington, D.C. Simon Perkins, Managing Director, Aircraft Finance, Standard Chartered Bank, Singapore Breakout Session: Sanctions Update Economic sanctions are restrictions on international trade and finance that one country or a group of countries impose on another country for foreign policy reasons. In 2011, economic sanctions affected a number of international airlines, including Iran Air, Mahan Air, Libyan Arab Airlines, Afriqiyah Airways, and others. This panel will discuss the impact of sanctions on civil aviation and their conflict with the Chicago Convention. Lorraine B. Halloway, Partner, Crowell & Moring LLP, Washington, D.C. (Moderator) Thomas J. Whalen, Partner, Eckert Seamans Cherin & Mellott, LLC, Washington, D.C. Eric Vallieres, Partner, McMillan LLP, Montreal Nicholas Hughes, Partner, Holman Fenwick Willan, LLP, London 15:00-15:30 Refreshment Break 15:30-17:00 Plenary Session: In-house Counsel s Compliance Roundtable Point counter point. This unique panel will feature the compliance officers and experts of a number of airlines moderated by Mark Rosman, former Assistant Chief of the National Criminal Enforcement Section in the U.S. Department of Justice s Antitrust Division. This panel should provide some lively debate on real world examples of various compliance issues ranging from competition law to anti-bribery legislation. Mark Rosman, Partner, Wilson Sonsini Goodrich & Rosati, Washington, D.C. (Moderator) Wes Nobelius, Deputy General Counsel, Qantas Andrew Winterton, Head of Legal & Compliance, easyjet Jim Callaghan, General Counsel & Company Secretary, Legal, Etihad Airways Karine R. Faden, Managing Director & Senior Counsel - Global Antitrust, United Air Lines, Inc 17:15-19:15 Farewell Reception 9

10 IATA Legal Symposium Speaker Biographies Monday February 6 and Tuesday February 7 (alphabetical order) Jonathan Aleck Associate Director of Aviation Safety, Civil Aviation Safety Authority, Canberra Jonathan Aleck is Associate Director of Aviation Safety of the Australian Civil Aviation Safety Authority. He was formerly the Authority s Chief Legal Offi cer and served as Australia s representative on the Council of the International Civil Aviation Organization from 1998 to He has taught law and politics at the Australian National University and the University of Canberra, the University of Hawaii and the University of Oregon, the University of Papua New Guinea, and was a visiting lecturer in the Institute of Air and Space Law at McGill University. Dr Aleck earned his law degree at Loyola Marymount University. He holds a Bachelor of Arts degree in psychology and a Master of Arts degree in political science from the University of Oregon, and a Doctorate of Philosophy in law from the Australian National University. 10

11 Desmond Barry Partner, Condon & Forsyth, New York (Moderator) Desmond T. Barry, Jr. is a senior partner of Condon & Forsyth LLP and concentrates his practice in complex and multidistrict aviation and products liability litigation. Chambers USA America s Leading Lawyers for Business has described him as an internationally renowned aviation and product liability law practitioner. Mr. Barry currently is lead counsel for American Airlines in the multibillion dollar property litigation arising from the September 11, 2001 terrorist attacks and the court-appointed Aviation Defendants Liaison Counsel in the 9/11 Litigation. During his career, Mr. Barry has been lead counsel for several airlines in major aviation accident litigations. Mr. Barry is a Fellow of the American College of Trial Lawyers, a former member of the Board of Directors of the International Association of Defense Counsel ( IADC ) and Dean of the IADC Corporate Counsel College. He has been honorably mentioned in Who s Who in America ( ), The International Who s Who of Product Liability Defense Lawyers ( ), Chambers USA America s Leading Lawyers for Business ( ), and the Guide to the World s Leading Aviation Lawyers. Mr. Barry is a graduate of Fordham University School of Law (J.D., 1973) and Princeton University (A.B., 1967). He can be contacted at: [email protected] 11

12 John Byerly Former Deputy Assistant Secretary for Transportation Affairs, US State Department, Washington D.C. (Moderator) John Byerly advises clients on the full range of international aviation issues, including negotiations, economic and environmental regulation, aviation safety and security, government relations, and strategic planning. John graduated with highest honors from the University of North Carolina, studied European and German law on a Fulbright Scholarship in Berlin, and received his JD from Yale in Upon graduation, he joined the State Department, serving thirty-one years in positions addressing American foreign policy, national security, and international economic relations. For almost a decade ( ), John was the Deputy Assistant Secretary of State responsible for market-opening air transport agreements with over 70 countries and led U.S. delegations in talks that secured Open Skies with Germany, France, the European Union, and Japan. He was active in the economic, legal, and environmental work of ICAO and helped implement the U.S. response to the terrorist attacks of September

13 Jim Callaghan General Counsel & Company Secretary, Legal, Etihad Airways Jim Callaghan became Etihad s General Counsel and Company Secretary in May Previously, he spent nine years at Europe s largest low cost carrier, Ryanair Ltd, as Company Secretary and Director of Legal and Regulatory Affairs. At Ryanair, Mr Callaghan was responsible for setting up the airline s legal function and for corporate governance and liaison with the Board. He actively managed a suite of ongoing regulatory and legal issues relating to competition law, trademarks, airport contracts, advertising standards, consumer law, and commercial litigation. Before joining Ryanair in 2000, Mr Callaghan spent several years at international law fi rms in the United States and in Brussels. He holds a JD and a Masters in Public and International Affairs from the University of Pittsburgh and a Masters in European and International Law from Vrije Universiteit in Brussels. 13

14 Michael P. Carbone Director Litigation, JetBlue Airways Corporation Michael Carbone Director, Litigation, JetBlue Airways Corporation. Michael has more than 10 years experience in insurance defense and commercial litigation. He has expertise in the management of multi-party, complex insurance matters including past representation of both primary and secondary insurers. During his time at JetBlue, Michael has been responsible for handling both insured and uninsured matters including allegations of wrongful death, major property loss, personal injury and employment actions. Michael is also routinely involved in numerous regulatory matters which have involved ongoing contact with such agencies as the FAA, EPA and TSA. Prior to joining JetBlue, Michael engaged in private practice at the New York City law fi rm of Gordon & Silber, PC, where he represented such clients as the NYCHHC and several large manufacturers against malpractice and product liability claims. In that capacity, Michael acted as primary trial counsel in numerous state and federal matters as well as in mediations and arbitrations. Michael obtained a JD from Benjamin N. Cardozo School of Law and a BA from the College of the Holy Cross in Worcester, MA. 14

15 Christoph Casparis Swiss International Air Lines Ltd. Christoph Casparis is the Head of Legal Services & Deputy General Counsel of Swiss International Air Lines Ltd. (SWISS), Switzerland s national airline. In this capacity he is leading a team of dedicated legal counsels who cover the complete spectrum of regulatory and legal challenges which an airline faces today. His team plays a vital role in managing SWISS legal risks and advising other divisions in various legal matters. He specializes in managing complex issues in company law, contract negotiations, litigation, aircraft transactions, restructuring, compliance and corporate governance and supports the management board and other internal clients in this capacity. Christoph serves as the secretary of the board of directors of Swiss Aviation Training Ltd. and Edelweiss Air Ltd. and is a board member of Swiss Private Aviation Ltd., Airline Marketing Services Pvt. Ltd. and Swiss WorldCargo Pvt. Ltd. He was teaching competition law at the Zurich University of Applied Sciences. Prior to joining SWISS, he worked as a chief law clerk and judge at the District Court of Meilen. He holds two master degrees in law, one from the University of Zurich and another one from the University of New South Wales. Born in Zurich, Christoph is fl uent in German and English. He lives with his wife, son and daughter in Russikon. 15

16 Zhihang Chi Vice President & General Manager, North America, Air China Limited As the Vice President and General Manager of North America, Dr. Zhihang Chi manages all aspects of Air China s business in North America from its headquarters in Los Angeles. In his role, Dr. Chi oversees 90- plus U.S. based Air China employees, the marketing and operations for the growing 36 fl ights between North America and China. Dr. Chi s extensive experience in the airline industry, his visionary leadership and passion in promoting a closer and mutually benefi cial Sino U.S. relationship are credited for Air China s signifi cant growth in North America. Air China has nearly doubled its capacity in North America since he arrived at Air China. Dr. Chi s experience, training and educational background have prepared him well for the challenges of his position as the head of Air China in North America. He worked in a number of increasingly responsible positions for Northwest Airlines from 1994 to During his years at Northwest, he developed and managed a number of strategic alliances with other international carriers, especially with the Chinese air carriers. He joined Air China in 2004 and has led the company s unprecedented growth in North America. Before he was promoted to Vice President and General Manager for North America in April 2008, Dr. Chi was General Manager, Western USA for two years until November Prior to this, he was responsible for Air China s Los Angeles offi ce. Dr. Chi s unrelenting advocacy for visa reform for Chinese visitors has made him a familiar fi gure to senior members of the U.S. Congress, State Department and the U.S. Homeland Security with whom he has personally met. Fluent in English and Chinese, Dr. Chi s background makes him uniquely qualifi ed to speak on China and U.S.-China relations. A naturalized U.S. citizen, Dr. Chi was born in China. He earned his doctorate and master s degrees from the Sloan School of Management of the Massachusetts Institute of Technology (MIT) and received his bachelor s degree and a master s degree from Peking University in Beijing. 16

17 Martin Dajani Partner, DLA Piper, Hong Kong (Moderator) Martin Dajani is Head of Competition Asia and based in DLA Piper s Hong Kong offi ce. An authority in competition law and corporate regulatory compliance, Mr Dajani helps companies identify and mitigate global regulatory risks and defends them against government inquiries and enforcement actions. A former United States federal and state regulator, Mr Dajani appears regularly before the Department of Justice, the Federal Trade Commission, the Federal Communications Commission and state attorneys general. He has also appeared before international regulatory agencies, including the European Commission Directorate General for Competition, the Australian Competition and Consumer Commission, the New Zealand Commerce Commission, the Korean Fair Trade Commission and the South African Competition Commission.. Mr Dajani has considerable experience in designing and implementing global compliance and risk management programs. He lectures and publishes on regulatory and compliance topics. 17

18 Gary Doernhoefer General Counsel, IATA Education Experience: In private practice prior to joining American Airlines, Gary had focused on trial practice in the United States. He graduated from Grinnell College with majors in political science and Russian language, and received his Juris Doctor from the University of Chicago School of Law. Gary joined lata in April, 2010 from a position as co-founder and general counsel of Accertify, Inc. a company based in Itasca, Illinois, that provides fraud detection software and services for internet merchants. He had also been a Lecturer in the Aviation-Department at Ohio State University since Prior to founding Accertify, Gary was Vice President and General Counsel for Orbitz, the US-based travel website, from 2000 until! He came to Orbitz after nine years at American Airlines where, for two years prior to his employment with Orbitz, Gary was Senior Counsel for Government Affairs. He had previously been a Senior Attorney concentrating on competition law and litigation. Current lata Responsibilities: Supervision and administration of the Legal Department; reporting to the Director General and senior management Recent Achievements: Led the adoption of a new, «D>ivision Counsel» model for the Legal Department; successful defense of Sabre v. lata 18

19 Jerry Flaxman Business Development Manager, QBE Aviation Syndicate 5555, London Jerry has over 30 years experience in the Aviation insurance sector with prior experience working as a light aircraft engineer for seven years. The fi rst 18 years of his career were with Willis as Claims Director and in that role he personally managed many of the largest and most complex claims of the period on behalf of Willis clients. These include the JAL B747 loss on 12th August 1985 and the Kuwait Airways loss of its entire fl eet following the invasion by Iraqi forces on 2nd August Jerry left the broking side in 2000 to join Holman Fenwick & Willan, an eminent Marine law fi rm, to develop their Aerospace capability and three years later was invited to join Allianz Aviation as Senior Claims Manager. In 2006 Jerry moved to QBE with Emilio Di Silvio to form a new Lloyd s Aviation Syndicate, 5555, as Claims and Business Development Manager. Angela Foster-Rice Managing Counsel - Environmental, United Airlines, Inc. Angela Foster-Rice is in-house counsel at United Airlines handling environmental, health, and safety legal matters and has been in this role for the past nine years. This position has included assistance on various environmental, health and safety regulatory matters, litigation, transactional work, and supporting United Airlines sustainability measures. Angela also provides assistance on regulatory matters associated with the transportation of dangerous goods. Prior to working at United, Angela was an attorney in the environmental department of the fi rm Gardner, Carton & Douglas. Angela received her law degree from Northwestern University School of Law and has an undergraduate degree in Environmental Studies from Rice University. Angela lives in Chicago with her husband and two daughters. 19

20 Simon Foreman Partner, Soulez Larivière & Associés, Paris Simon Foreman, 48, graduated in international law from the University of Paris in 1985 before being admitted as an avocat at the Paris Bar. In 1988 he joined the litigation fi rm of Soulez-Larivière & Associés where he has been a partner since He was elected to the Air and Space Academy in Aviation represents a large part of his activity in matters ranging from product liability to passenger or cargo claims and extending to criminal liability, especially in cases of aircraft accidents. He and his fi rm have represented carriers, manufacturers, airport authorities or regulators in numerous accident cases including those of Habsheim, Mont Sainte-Odile or the Concorde crash of Richard Gimblett Partner, Holman, Fenwick & Willan, London (Moderator) Richard Gimblett is a Partner in the London offi ce of Holman Fenwick Willan and specialises in aviation, travel law and commercial litigation. A past in-house legal adviser at the UK CAA, Richard s practice includes both aviation liability and regulatory issues. He also sits on a part time basis as a Recorder of the English Crown Court. 20

21 Roy Goldberg Partner, Sheppard Mullin Richter & Hampton LLP, Washington, D.C. (Moderator) Mr. Goldberg is the head of the Firm s aviation industry team. He represents airlines, their trade associations, and other companies in regulatory matters before the U.S. Federal Aviation Administration, the U.S. Department of Transportation and the U.S. Transportation Security Administration. Mr. Goldberg has more than 21 years of experience representing airlines in administrative proceedings and federal and state court cases challenging user fees and other charges imposed by national and local governments and airport authorities. In addition to aviation law, Mr. Goldberg s practice also includes substantive areas of litigation such as patent litigation, antitrust, contract disputes, international arbitration government contracts, and international trade. Mr. Goldberg is currently representing the Air Transport Association of America in a regulatory and judicial challenge to cargo inspection fees which the State of Hawaii is requiring airlines to bill, collect and remit to state authorities. 21

22 John D. Goetz Partner, Jones Day, Pittsburgh John D. Goetz is a partner in the global law fi rm of Jones Day, where he specializes in aviation law and product liability defense. He represents airlines, aircraft manufacturers, and aircraft component part suppliers in various legal proceedings. John co-chairs Jones Day s airlines and aviation practice, comprised of lawyers practicing throughout the Firm s 35 offi ces located in Asia, Europe, South America, the Middle East, and the U.S. He has defended clients in litigation involving commercial airliner crashes, including USAir Flight 427, Silk Air Flight 185, and SwissAir Flight 111. John also has represented clients in general aviation cases involving an array of aircraft types. He has appeared in trial and appellate courts across the United States, and he has participated in several high-profi le aviation trials to verdict. He counsels clients in crash site investigations, FAA enforcement actions, and NTSB hearings. John is a private pilot with instrument rating training. He is a regular speaker at IATA Legal Symposiums and other aviation law seminars. John has published a variety of articles on aviation litigation, and he has spoken on legal issues relating to business jets and other aviation law topics. He is a member of the ABA Aviation Section and the Lawyer Pilots Bar Association. John is also a member of AOPA, and a corporate member of ISASI. He teaches Aviation Law at a Pittsburgh-based law school. 22

23 J. Otto Grunow General Manager, Joint Business (American Airlines, British Airways, Iberia Airlines of Spain) Otto currently leads a trilateral team formed by American Airlines, British Airways and Iberia to manage their recently established transatlantic joint venture. The team, based in New York, focuses on business planning, program integration and performance management for the joint business. Prior to his current role, Otto held a variety of positions with American Airlines, including Associate General Counsel for commercial and transactional matters, Managing Director of International Affairs, and General Counsel of AMR Global Services, a group of service subsidiaries previously affi liated with American. Prior to joining American Airlines, Otto worked in private legal practice, fi rst with Gibson Dunn, and subsequently Donovan Leisure. Originally from South Africa, Otto holds a BA in Legal Institutions and International Relations from the University of the Witwatersrand, Johannesburg, and a Masters in Political Science and law degree from the University of Wisconsin. He and his wife, Lani, live in Manhattan and have two sons. 23

24 Lorraine B. Halloway Partner, Crowell & Moring LLP, Washington, D.C. (Moderator) Co-chair of Crowell & Moring s Aviation Group, which is consistently top-ranked by Chambers, Lorry has helped airlines and other clients resolve aviation and export control/sanctions regulatory issues since Lorry handles alliance, change of control, enforcement, fi tness, licensing, and rulemaking proceedings before the Department of Transportation, Federal Aviation Administration, other federal agencies, and courts. Recent projects include guiding U.S. and foreign airlines on DOT s consumer protection rules, advising on merger/ integration issues, and preparing comments on FAA s fl ightcrew member duty and rest rulemaking. She also advises a broad range of clients on U.S. export/sanctions matters, develops and trains on compliance strategies, and handles complex licensing and disclosure issues. Recognized by Chambers as a premier U.S. aviation lawyer, Lorry received the 2011 ILO Client Choice Award for U.S. Aviation. She is Vice Chair of the ABA Section of International Law s International Transportation Committee. She began her career as a Department of Justice attorney. 24

25 Brian Havel Professor, DePaul University, Chicago Brian F. Havel is Distinguished Research Professor of Law and Director of the International Aviation Law Institute at DePaul University. For 2011/2012, he is the Keeley Visiting Fellow at the University of Oxford, Wadham College. He serves on the World Economic Forum s Aviation, Travel, and Tourism Council, the European Air Law Association board, and the external board of governors of the International Institute of Air and Space Law at Leiden. He is on the board of editors of Kluwer s Air and Space Law and is editor in chief of Issues in Aviation Law and Policy. Publications include Beyond Open Skies (Kluwer 2009), The Emerging Lex Aviatica (Georgetown Journal of International Law 2011), and Restoring Global Aviation s Cosmopolitan Mentalité (Boston University International Law Journal 2011). He holds LL.M. degrees from University College Dublin and Columbia University, and a J.S.D. from Columbia. He was the Fulbright Visiting Professor at McGill University s Institute of Air and Space Law, 2007/

26 William G. Hopping Senior Attorney, American Airlines Inc. Since 1994 Bill Hopping has been in-house counsel at American Airlines in the Corporate/Transactional Group. His primary responsibilities include managing American s legal affairs in Latin America and the Caribbean. In addition to work on a broad range of traditional corporate and transactional matters in the region such as asset and stock purchases and sales, equity and contractual joint ventures, distribution and marketing agreements, and service and lease contracts, his duties include advising the company and supervising external counsel on litigation, tax, corporate compliance issues (e.g., FCPA, antitrust), regulatory, labor, employment, finance-credit, bankruptcy procedures, tax, immigration and other cross-border issues affecting American. Within the areas of distribution and marketing, his work includes negotiating amendments to the participating carrier agreements with the major global distribution systems, contracts with start-up GDSs, reservations system hosting contracts, applications development and provider contracts, e-commerce agreements including participation arrangements with meta-search engines and advertising contracts, as well as dealing with a broad variety of compensation and contract issues for both traditional and on-line travel agents. Languages Native language English. Fluent in Spanish. Education University of Michigan Law School, J.D University of Michigan, Bachelor of Arts with High Distinction, Bar Memberships New York State (1989), Texas (1993). 26

27 Nigel L. Howard Partner, Covington & Burling LLP Nigel Howard is a partner in the Covington s Technology Transactions and Global Privacy and Security practices. Mr. Howard s practice focuses on technology, data and intellectual property issues. He represents clients in complex technology transactions, including sourcing, systems development, sales and distribution arrangements, licensing, corporate partnering, and strategic alliance transactions. Mr. Howard s experience includes representing airlines in technology transactions, including negotiating contracts for reservations systems, e-commerce and merchandising systems, and negotiating sales and distribution agreements with GDSs and OTAs. Mr. Howard has been ranked by International Who s Who of Aviation Lawyers, Chambers Global, Chambers USA, Legal 500, Best Lawyers in America, and Who s Who in American Law. He has been a past speaker at IATA events on the issue of ownership of airline data and how best to formulate practical strategies to manage these valuable assets. 27

28 Nicholas Hughes Partner, Holman Fenwick Willan, LLP, London Nick is a partner in the aerospace team at Holman Fenwick Willan in London. He has more than 30 years experience acting for a number of IATA carriers advising and providing representation in many insurance/liability and commercial issues, as well as developing a similar role in space projects. He is recommended by Chambers UK and Legal 500. Chambers UK 2012 describe Nick as being the go-to aerospace expert; competent, sensible, and he knows how to litigate. Nick is a member of the Royal Aeronautical Society, a vice-president of the Insurance Institute of London and exchairman of the Aviation committee. He is also a member of The Law Society of England and Wales (of which he is Treasurer for the City of London LS), The City of London Solicitors Company (of which he is a member of the Court) and of the Association of Insurance and Risk Managers (of which he is a Director and Secretary). Guo Junxiu General Counsel, China Eastern Air Holding Company Mr. Guo Junxiu is currently the General Counsel of China Eastern Air Holding Company. Mr. Guo joined the civil aviation industry in He is a former associate professor of Economic Law in Xiamen University, and then Vice President of Law School of Xiamen University. In April, 2007, Mr. Guo was appointed as General Counsel of China Eastern Air Holding Company. In 2011, Mr. Guo won the title of Outstanding Top Ten General Counsels of State-Owned Corporations. Mr. Guo graduated from Xiamen University and holds the doctor degree of International Economic Law. 28

29 Francine Kerner Chief Counsel, Transportation Safety Administration, Washington D.C. Francine Kerner assumed the position of Chief Counsel at the Transportation Security Administration in January She advises senior offi cials on all legal matters relating to protection of the nation s transportation systems. As TSA s fi rst Chief Counsel, she was responsible for providing legal advice and services in connection with the largest mobilization of a civilian government agency since World War II. This mobilization resulted in the hiring, training, equipping and deploying of more than 60,000 employees to more than 450 locations in less than a year and the execution of a three-year budget in excess of $16 billion. As part of TSA s senior management team, she helped lead the effort to secure and successfully restore confi dence in civil aviation following the September 11, 2001, attacks, working with senior Bush Administration offi cials, Congress and stakeholders to enhance security in all modes of transportation. As Chief Counsel, Kerner has built a nationwide legal offi ce, hiring attorneys and support personnel from over 56 government agencies, private fi rms and corporations. Before joining TSA, Kerner held a variety of senior legal positions at the departments of Commerce and Treasury. In her previous position as Deputy Assistant General Counsel for enforcement at Treasury, she provided counsel on a wide range of sensitive and complex matters involving Treasury law enforcement agencies. Before joining the federal government in 1979, Kerner served as an Assistant District Attorney in the Kings County District Attorney s Offi ce in Brooklyn, N.Y. In 2001, she received the Presidential Meritorious Executive Rank Award for outstanding contributions as a federal attorney. She is a graduate of New York University School of Law and Queens College in New York City. 29

30 G. Bailey Leopard, Jr. Senior Counsel, FedEx Express Based at FedEx Express World Headquarters in Memphis, Tennessee, Bailey Leopard handles aviation, regulatory and trade matters for FedEx s Asia Pacifi c region. He has represented FedEx Express on various international trade matters, including postal and customs issues in China, Japan and elsewhere in the region, and in bilateral air transport negotiations between the U.S. and China, Hong Kong, Indonesia, Japan, Laos, the Philippines, Thailand and Vietnam, as well as in related matters before various U.S. administrative agencies, including Commerce, State, Transportation and USTR. FedEx Express is one of the world s largest express transportation companies, providing fast and reliable delivery to every U.S. address and to more than 220 countries and territories. FedEx Express uses a global air-and-ground network to speed delivery of time-sensitive shipments, by a defi nite time and date with a money-back guarantee. FedEx Corporation (NYSE: FDX) provides customers and businesses worldwide with a broad portfolio of transportation, e-commerce and business services. With annual revenues of over $39 billion (FY11), the company offers integrated business applications through operating companies like FedEx Express, competing collectively and managed collaboratively under the respected FedEx brand. Consistently ranked among the world s most admired and trusted employers, FedEx inspires its more than 290,000 team members to remain «absolutely, positively» focused on safety, the highest ethical and professional standards and the needs of their customers and communities. For more information, visit Laura Logan Director, Security Systems & Regulatory, Air Canada Laura has been with Air Canada for 22 years, the last seven in Security. She is responsible for the Security Management System, security regulatory compliance for Air Canada s operations and fraud control. She is an observer with the IATA SEG group. Prior to joining Security, Laura spent eight years with Air Canada s maintenance operations holding a variety of positions including Black Belt and Master Black Belt with the Six Sigma initiative. She started out in the Operational Research team working on projects with most of Air Canada s operating branches, including cargo. She holds a Bachelor s and a Master s degree in Industrial Engineering. 30

31 Paul McCarthy Representative to ICAO, IFALPA, Montreal Experience Representative to ICAO and Technical Director, International Federation of Air Line Pilots Association, Montreal, Canada June 2004 DELTA AIR LINES - Pilot U.S. NAVY - Pilot - A6A Aircraft HOCH FLANAGAN & SNYDER, 160 STATE STREET, BOSTON, MA - Attorney LOONEY & GROSSMAN, 101 ARCH STREET, BOSTON, MA - Attorney AIR LINE PILOTS ASSOCIATION - Safety Representative Education ALPA Accident Investigation Board, Chairman IFALPA Accident Analysis Board, Chairman ALPA Executive Air Safety Chairman IFALPA Principal Vice President, Technical Standards Member of numerous groups including: CVR/FDR, FOQA/ASAP, Criminal Liability of Pilots, CAST and GAIN University of Notre Dame - BBA Suffolk University - JD (cum laude) 31

32 Juan Carlos Mencio General Counsel North America, Lan Airlines, S.A. Mr. Juan Carlos Mencio is the General Counsel North America for LAN Airlines. He obtained his Bachelor s Degree in International Finance and Marketing from the School of Business of the University of Miami and his Juris Doctor Degree from the Loyola University. He is admitted to practice Law in the States of New York and Florida. Mr. Mencio was in private practice representing major foreign airlines for seven years and in 1998 was asked to develop and head the Legal Department of North America for LAN Airlines and LAN Cargo. He has been a lecturer and speaker at different forums worldwide, including the IATA Legal Symposium, Lus Laboris-Americas, South Florida Group of Regional Counsel, Association of Corporate Counsel, South & Central America Air Freight Conference, Conference for Legal and Finance issues facing the Aviation industry for ALTA, and ABA Forum on Air and Space Law, among others. He has been a participant of the Chilean delegation negotiating air transport Bilateral Agreements between Chile and the People s Republic of China, Japan, Hong Kong, India and the Dominican Republic and an advocate of LAN s support for bilateral agreements, working closely with civil aviation authorities in the Americas. 32

33 Allan Mendelsohn Of Counsel, Cozen O Connor, Washington D.C. Mr. Mendelsohn is Of Counsel with the fi rm of Cozen O Connor in Washington, DC. He is also an Adjunct Professor at Georgetown Law School teaching International Transportation Law. He served as Deputy Assistant Secretary of State for Transportation Affairs during the last year of the Clinton Administration. This was his second stint at the Department of State, where between 1963 and 1968, he served in the Department s Legal Advisor s Offi ce. During both periods, he was deeply involved in aviation, maritime and other areas of private international law. During his most recent service at the State Department, he led the team of American negotiators that concluded the world s fi rst multilateral open skies passenger and cargo agreement, now known as the MALIAT Multilateral Agreement. Mr. Mendelsohn works mainly in the aviation fi eld and in general litigation. He is a frequent contributor of articles to law journals and other publications. Russell Miller Partner, Minter Ellison, Canberra Russell Miller is internationally recognised as one of Australia s leading competition lawyers by Chambers Global, Asia Pacifi c Legal 500, Who s Who Legal, and Which Lawyer, with special focus on the transport sector. In addition to practicing extensively in the aviation regulatory fi eld he has served as the Chair of the Australian International Air Services Commission and the Civil Aviation Authority s Aviation Advisory Committee. His other work for the Australian Government in has included the Miller Review of Aviation Safety Agency Relations (2007). He has led the Minter Ellison team represented IATA in Australia for over 20 years. Russell is a non-government adviser to the International Competition Network. He has authored Miller s Australian Competition & Consumer Law Annotated 33rd Edition (ThomsonReuters 2011), and Miller s Australian Competition Law and Policy, 2nd Edition (ThomsonReuters 2012). Russell was awarded an Order of Australia for his contribution to international commercial law in

34 Marc Moller Partner, Kreindler & Kreindler, New York Marc S. Moller, a trial and appellate lawyer, has been a partner in the law fi rm of Kreindler & Kreindler LLP for more than thirty years. For most of his professional career he has represented plaintiffs in commercial aviation accident, mass disaster and other wrongful death and personal injury cases and won awards for them either through trial or settlement, many of which set records for recoveries in their jurisdiction. Mr. Moller is a Fellow of the American College of Trial Lawyers, has been appointed Lead Counsel or Chairman of the Plaintiffs Steering Committees in numerous mass disaster cases and served as Special Trial Counsel. His success in cases involving terrorism in aviation include representing victims of the terrorist bombing at LaGuardia Airport, New York (1975), the TWA Flight 847 hijacking to Beirut, Lebanon (1985), the ground attack on a Pan Am plane at Karachi (1986), and his service as Plaintiffs and Liaison Counsel in the September 11, 2001 tort litigation. Mr. Moller s extensive aviation litigation experience has led to awards and settlements in cases involving virtually every type of commercial and general aviation aircraft, corporate jet and charter aircraft, helicopters and military aircraft in operation today. He also acts as a consultant to counsel outside of the United States when the United States jurisdiction requirements cannot be satisfi ed. 34

35 Thomas Mueller Partner, Wilmer Hale, Washington, D.C. Thomas Mueller is a partner in the Washington, D.C., offi ce of Wilmer Cutler Pickering Hale and Dorr LLP and co-chair of the fi rm s Antitrust and Competition Practice Group. His antitrust practice focuses on global cartel enforcement matters, as well as merger and other investigations with transatlantic implications. Having practiced both in Brussels and Washington, Mr. Mueller has insight into antitrust issues on both sides of the Atlantic. He regularly advises major clients across various industry sectors, particularly in the areas of Internet and media, manufacturing, aerospace and defense, transportation, fi nancial services, chemicals and telecommunications (operators and infrastructure). He received his BA from Williams College in 1987 and his JD from Harvard in Nienke Neij Corporate Legal Counsel, KLM Royal Dutch Airlines Before working for KLM as Corporate Legal Counsel, Nienke has been active as a lawyer with the Dutch law fi rm Stibbe from , advising corporations in competition law matters and regulatory affairs. Her practice concentrated on advising and litigating before the Netherlands Competition Authority and the European Commission. In 2010 she worked for the Dutch Financial Markets Authority, where she gained experience working for a governmental regulator. As from April 2011 Nienke works for KLM as Corporate Legal Counsel where she is primarily responsible for handling the competition law matters in which KLM is involved and providing guidance and compliance training to the business. 35

36 Rush O Keefe Senior Vice President and General Counsel, FedEx Express M. Rush O Keefe, Jr. is the Senior Vice President and General Counsel of FedEx Express, the world s largest express transportation company. O Keefe started with Federal Express Legal Department in 1986, serving as both an attorney and managing director in the Labor and Employment Group before being named Vice President of Regulatory and Industry Affairs in While Vice President of Regulatory and Industry Affairs, O Keefe was responsible for international aviation matters worldwide, including aviation bilateral treaties and traffi c rights issues for the world s largest cargo airline. He was promoted to his current position in August He has won three times Federal Express Five Star Award, its highest award for employee excellence. A native of Batesville, Mississippi, O Keefe graduated from the University of Mississippi in 1975 with a degree in accounting, and from the University of Mississippi School of Law in He is licensed to practice in Mississippi and Tennessee, and has appeared before a wide variety of state and federal courts, as well as various U.S. and foreign government agencies. FedEx Express is the largest business unit of FedEx Corporation, a $41-billion global transportation and logistics holding company. Founded in Memphis, Tennessee, in 1973, today FedEx Express delivers approximately three million items to more than 220 countries every business day, with reliable, door-to-door, customs-cleared service. 36

37 Sung Bom Park Partner, Yoon & Yang LLC, South Korea Sung Bom Park is a Partner in the Antitrust Practice Group at Yoon & Yang LLC in Seoul. He represents leading Korean and multinational corporations in international and domestic cartel and abuse of dominance investigations as well as in merger clearance in a variety of industries including petrochemical/energy, mobile telecommunication, pharmaceutical, air cargo/freight forwarding, elevator/escalator, marine hose, power cable, and high technology. His practice areas also include telecommunication and information technology and the interface between antitrust law and intellectual property rights. Since 2004, he has served as a member of Competition Policy Advisory Committee (Cartel Division) of the Korea Fair Trade Commission. He received an LL.B. from the College of Law, Yonsei University in 1989 and an LL.M. from the University of California, Davis, School of Law in He is admitted to the Bars in Korea and in New York. 37

38 Jackson K Pek Vice President and General Counsel, Asia Pacifi c, Amadeus IT Group, SA Jackson supervises the legal and corporate affairs team at the Asia Pacifi c regional headquarters of Amadeus, the world s largest global travel distribution system, a public company founded by Air France, Iberia and Lufthansa. His team primarily supports transactions in the distribution, airline IT and corporate structuring areas in Asia Pacifi c. Prior to joining Amadeus, Jackson was an attorney at the law fi rms Skadden Arps and White & Case in the U.S. and Asia from 1995 to 2001, and most recently a senior attorney at IBM in charge of legal matters for the ASEAN countries and South Asia until In addition to his work with Amadeus, Jackson has lectured at various universities in Asia, most notably the National University of Singapore Law School, where he served on the faculty for two years. Jackson holds business and law degrees from the Wharton School of the University of Pennsylvania and from New York University School of Law. 38

39 Simon Perkins Managing Director, Aircraft Finance, Standard Chartered Bank, Singapore Simon joined Standard Chartered Bank (SCB) in late 2002, in October 2007 SCB acquired Pembroke Group Limited and Simon became MD of Aviation Finance heading up the Asia Pacifi c region. He is on the board of Pembroke Group Limited. Pembroke Group Limited is a wholly owned subsidiary of Standard Chartered PLC. It was founded in 1993 and provides aircraft leasing, fi nancing, management and advisory services to the aviation industry. It manages a diverse portfolio of approximately 80 aircraft leased to over 20 airlines across 6 continents. The portfolio consists of a mix of single aisle and twin aisle stage 3 jet aircraft. A number of Pembroke s current portfolio is managed on behalf of third party banks, fi nancial institutions and airlines. Headquartered in Dublin, Ireland it has a presence in Dublin, Limerick, London, Hong Kong and Singapore. Sarah Prosser Managing Director, Regulatory Affairs, FedEx Express Sarah S. Prosser is Managing Director for Regulatory Affairs in the Legal Department and has been with FedEx since July Ms. Prosser graduated from the University of Memphis School of Law in May 1985 with a Juris Doctorate degree and was admitted to the Tennessee Bar the same year. Ms. Prosser s responsibilities at FedEx include managing security aviation, and customs issues. 39

40 Marianne Rosenberg Partner, Squire Sanders, New York (Moderator) Marianne Rosenberg is a partner of Squire Sanders (US) LLP based in New York. Marianne Rosenberg s practice focuses on cross-border and complex equipment and facility fi nancing, project and structured fi nance. She has been involved in leases through a great number of foreign jurisdictions, such as the United Kingdom, France, Hong Kong, Japan, Cayman Islands, Finland and Sweden, as well as instrumental in developing innovative structures. Marianne was named in 2002 by AirFinance Journal as one of the 50 airfi nance industry market shapers in AirFinance Journal s 22 year history, one of only four lawyers worldwide to be so named. She is a graduate of French and US law schools. 40

41 Mark Rosman Partner, Wilson Sonsini Goodrich & Rosati, Washington, D.C. (Moderator) Mark Rosman is a partner in the Washington, D.C., offi ce of Wilson Sonsini Goodrich & Rosati and a member of the fi rm s antitrust practice. Before joining the fi rm, Mark served as Assistant Chief of the National Criminal Enforcement Section in the U.S. Department of Justice s Antitrust Division. Mark oversaw teams of trial attorneys and law enforcement agents who prosecuted numerous cartel cases and related violations, including Foreign Corrupt Practices Act (FCPA) violations, bribery, wire fraud, obstruction of justice, and kickbacks. Mark was lead attorney on many of the section s most prominent enforcement actions, including the Antitrust Division s investigation into air transportation price-fi xing its largest ever which resulted in a record $1.8 billion in fi nes. Previously, Mark was Special Assistant to the Directors of Enforcement in the Antitrust Division s Offi ce of Operations, where he assisted Directors and Deputy Assistant Attorneys General in criminal matters and merger and civil non-merger cases. Mark received his J.D. from the University of Florida College of Law, 1991 and a B.A. from the University of Pennsylvania,

42 Lester Ross Partner, Wilmer Cutler Pickering Hale and Dorr LLP, Beijing Lester Ross is Managing Partner of the Beijing Offi ce of the law fi rm Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale). He has a J.D. from Harvard Law School and Ph.D. from The University of Michigan, and has been resident in Beijing since He has a broad practice including mergers and acquisitions, competition, foreign direct investment, fi nancial services, intellectual property and environmental and energy law. He has particular experience advising multinational corporations with respect to the establishment and growth of their businesses in China and the outsourcing of manufacturing and research functions, and Chinese institutions with respect to their overseas expansion. He has published widely in these fi elds. He is a member of the Board of Governors and former General Counsel of the American Chamber of Commerce China. Evelyn Sahr Partner, Eckert Seamens, Washington, D.C. (Moderator) Evelyn Sahr is Chair of Eckert Seamans Aviation Law Group. She represents U.S. and foreign airlines as well as intermodal logistics and freight forwarder companies in regard to all aspects of their U.S. operations including assisting with regulatory and commercial issues before the U.S. Departments of Transportation, State, Justice and Homeland Security, Customs and Border Protection, the Federal Aviation Administration and airport authorities. Evelyn assists clients with obtaining licenses and other operational authorizations, provides advice on foreign ownership requirements, codesharing and open skies, prepares regulatory comments and handles safety, security, hazmat, tarmac delay and advertising enforcement proceedings. She also counsels clients on antitrust, environmental, insolvency, intellectual property, employment and equipment transaction matters. 42

43 Dalia Saper Professor at Loyola University College of Law, Chicago (Moderator) DALIAH SAPER is a member of the Illinois Bar and both the General Bar and Trial Bar of the U.S. District Court for the Northern District of Illinois. She handles high profi le cases and is frequently relied upon by the news media as a go-to expert on intellectual property, social media, and business issues. For example, Daliah has been featured on CNBC, ABC News, Fox News, NPR, WGN 720, The Chicago Tribune, National Jurist Magazine, and Chicago Lawyer Magazine. She has repeatedly received the honor of being named a Rising Star by Super Lawyers magazine, is recognized as a leading Media and Entertainment lawyer by Chambers and Partners, and was recently nominated for the prestigious ATHENA Young Professional Leadership Award. In addition to conducting Seminars at Saper Law on a monthly basis, Daliah is a frequent lecturer, panelist, and instructor for organizations around the city and the country. (For Daliah s latest speaking engagements, please click on She is on the faculty of PLI, Practicing Law Institute, and has been selected by Harvard Law School s Berkman Center for Internet & Society to be a member of Harvard s new Online Media Legal Network (OMLN). Daliah is also an adjunct professor at Loyola University Chicago School of Law, teaching a Sports and Entertainment law course. Finally, Daliah has extensive overseas experience, having studied at Fudan University in Shanghai and the City University School of Business in London. She speaks Hebrew and Farsi. 43

44 Liu Shaoyong Chairman, China Eastern Air Holding Company Mr. Liu Shaoyong is President of CEA Holding Company and Chairman of China Eastern Airlines Co., Ltd. Mr. Liu joined the civil aviation industry in He successively hold the posts as Deputy General Manager of China General Aviation Corporation, Deputy Director of Shanxi Provincial Civil Aviation Administration, General Manager of the Shanxi Branch of China Eastern Airlines Co., Ltd and Director of Flight Standard Division, CAAC. Mr. Liu served as President of China Eastern Airlines Co., Ltd from December 2000 to October 2002, Vice Minister of the CAAC from October 2002 to August 2004, President of China Southern Air Holding Company from August 2004 to December 2008, Chairman of China Southern Airlines Co., Ltd from November 2004 to December In December 2008, Mr. Liu was appointed President of CEA Holding Company, and then became Chairman of China Eastern Airlines Co., Ltd on February 3, Mr. Liu graduated from China Civil Aviation Flight College and achieved EMBA degree from Tsinghua University in Mr. Liu holds the title of First Class Pilot. He is also Director General of China Air Transport Association, Director of International Air Transport Association and Director of Association for Relations across the Taiwan Straits. 44

45 Marshall S. Sinick Partner, Squire Sanders, Washington, D.C. Marshall S. Sinick counsels and represents major US and non-us carriers before various executive departments, administrative agencies, US Congress and courts in the United States. Representative matters involve marketing alliances, codeshare agreements, frequent fl yer agreements, licensing proceedings, GDS hosting and participation agreements, aviation-related legislation, slot allocation and forfeiture proceedings, intergovernmental bilateral negotiations and antitrust counseling and defense. Sandy has been named by Chambers USA as one of the leading US aviation practitioners. Sandy has advised a major carrier on both the criminal and civil aspects of one of the largest airline price-fi xing investigations. He has been involved in formulating enacted aviation legislation concerning, among others, airport slots, waivers from US security directives affecting passenger screening and the carriage of freight and mail, and the coordination of schedules and revenue sharing in certain US markets. Sandy has worked with the US Department of Transportation on numerous new carrier matters including complex questions of ownership and control, codesharing and antitrust immunity. He has worked with the Federal Aviation Administration to persuade a local airport authority that it must allocate slots to a new entrant carrier in accordance with US federal law and federal funding grants received by the local airport authority. He has also worked on behalf of a non-us carrier seeking to consummate an immunized codeshare/marketing alliance with a major US carrier. He served as program chair in 2006 and a panelist in at the American Bar Association s Aviation Law Forum, as a panelist in and 2011 at the International Air Transport Association (IATA) annual Legal Symposium and as chair of the Latin American Civil Aviation CEO Conference from 2001 through REPRESENTATIVE EXPERIENCE Negotiating a hosting, participation and other related software agreements with a major GDS. Advising a major online travel agency about regulatory compliance and commercial issues. Advising on various issues related to foreign citizen investment limitations in US carriers and on third country investment in non-us carriers 45

46 Trevor Soames Partner, Shearman & Sterling, Brussels (Moderator) Trevor Soames is an experienced advocate, qualifi ed as a Barrister and Solicitor Advocate with 25 + years experience of complex aviation competition/regulatory cases having been involved in the sector since BA s privatisation and the 1986 adoption of the fi rst aviation liberalisation package. Trevor has represented clients in aviation mergers, (most recently United Airlines/Continental), many aviation alliances and cooperation agreements over the years (such as the TPJVA between bmi/lh/sk, UA/LH/SK, UA/bmi, A++ between UA/ CO/LH/AC), cartel investigations (Air Cargo for UA), dominance cases (Aer Lingus interlining, Brussels Airport) and state aid (Aer Lingus, Air France, Olympic) as well as associated business areas such as ground handling (Greece, Spain, AIA), airport charges, licensing, scarce capacity allocation and GDS/CRS issues. Trevor has repeatedly been identifi ed by Euromoney as one of the top 20 aviation lawyers in the world and consistently included in the International Who s Who of Aviation Lawyers. Trevor can draw upon a wealth of experience across many global industries to assist clients (lead counsel in a number of major recent cases including Qualcomm and Microsoft/Internet Explorer), and has a strong track record of success. His innovative work has been regularly recognised by the legal directories and his leadership of the team that successfully concluded the European Commission s Article 102 Qualcomm investigation won the Legal Business Competition Team of the Year Formerly Co-Chair of Howrey s worldwide antitrust practice and founder of its highly successful Brussels offi ce, ranked as one of only four Brussels Elite practices by GCR in 2009 and 2010, Trevor is now focussed entirely on client work. 46

47 Alan Khee-Jin Tan Professor, Faculty of Law, National University of Singapore, Singapore Dr Alan Khee-Jin Tan is Professor of Aviation and Maritime Law at the National University of Singapore (NUS) Law School and a leading authority on aviation law in Asia. Born in Penang, Malaysia and educated at the NUS and Yale Law Schools, Alan s main interest lies in the liberalization of aviation in Asia. He lectures at the Singapore Aviation Academy, teaches for IATA training programmes and has been a Hauser Global Visiting Professor at New York University. He has published extensively in the Annals of Air and Space Law, Journal of Air Law & Commerce, Journal of Air Transport Management and Air & Space Law and has been cited in Airline Business. In 2006, Alan s article Liberalizing Aviation in the Asia-Pacifi c Region: The Impact of the E.U. Horizontal Mandate won the Diederiks-Verschoor Prize. Alan has been a consultant to APEC, the Association of Southeast Asian Nations (ASEAN) and the Arab League on aviation liberalization. He has worked on a major consultancy for the ASEAN Secretariat on a Single Aviation Market in Southeast Asia and its impact on aeropolitical relations with trading partners such as the US, EU and China. 47

48 Timothy Tomasik Partner, Clifford Law Offi ces, Chicago Timothy Tomasik has handled some of the most complex and high-profi le cases at Clifford Law Offi ces, including the scaffolding collapse at the John Hancock Center where several people were injured or killed that settled for $75.2 million. He worked round-the-clock on the World Trade Center property damage litigation surrounding the tragic 9/11 air crashes that settled in 2011 for $1.2 billion. He handled the case involving the crash of the private jet that killed the younger son of NBC Sports Chairman, Dick Ebersol, where a chartered Challenger jet crashed moments after take-off in November, His elder son dragged his dad out of the fi ery plane. National Transportation Safety Board reports indicated the plane s wings were not de-iced in the freezing weather. He was part of the legal team that worked on the high profi le trial of internationally acclaimed violinist Rachel Barton which resulted in a $29.6 million verdict. Tim is not afraid to take on corporate giants in order to see that justice is done. Another high-profi le case which Tim handled involved the toxic alcohol poisoning death of a Northwestern University freshman. His parents have started the Red Watch Band program which makes students more aware of alcohol poisoning at universities across the country, including now Northwestern. Tim also brought an action against the Chicago Cubs on behalf of the mother of a 21-year-old man who was killed when a car wash/storage unit owned and operated by the Chicago Cubs collapsed on him during a storm. He suffered severe head, neck and spine injuries and died eight days later. The dilapidated structure had been earmarked for demolition. That case settled for $2.5 million. He was counsel with Robert Clifford representing a medical doctor who was paralyzed as a result of negligently administered spinal anesthesia while he was a patient. The two-week trial resulted in a $13 million verdict that was affi rmed by the Illinois Supreme Court on several important issues related to trial practice and agency. He worked on dozens of cases involving hemophiliacs who have been infected with the HIV/AIDs virus from tainted blood which resulted in a successful confi dential settlement. He tried a case on behalf of a woman severely injured in an auto collision with a Commonwealth Edison truck where he and Bob Clifford obtained a $14 million verdict. Tim has been recognized for his excellence in trial working including being inducted as a Fellow into the International Society of Barristers, an honor society of outstanding trial lawyers chosen by their peers on the basis of excellence and integrity in advocacy. He has been named a Super Lawyer and a Leading Lawyer as well as being named one of Top 40 Attorneys Under 40 Years Old by the Law Bulletin Publishing Company of Chicago. In 2009, Tim was awarded the William J. White Award of Excellence from the Chicago Bar Association for his work as Chair of the Judicial Evaluation Committee. He also serves as Chair of the American Bar Association Section of Litigation, Aviation Litigation Committee, and Trial Evidence Sub-Committee. In 1999, Tim was named the American Legion Expert Litigator for his outstanding service as a gang prosecutor in the Chicago community as well for his excellence as a civil litigator. Tim was an Assistant State s Attorney, culminating his eight-year criminal trial career in the Bureau of Special Prosecutions. He handled numerous high profi le capital cases and sexual assault cases during his tenure there. He has translated his fi nely-honed criminal trial skills to the civil courtroom. He is a frequent speaker across the country on a number of topics and serves on the faculty of the prestigious University of Virginia Institute of Trial Advocacy where he is an instructor at its annual week-long program for lawyers and law students. 48

49 Carlos M. Tornero Senior Legal Counsel, IATA A graduate of the University of North Carolina at Chapel Hill and the American University s Washington College of Law, Mr. Tornero was the former General Counsel for the all cargo airline, Florida West International Airways, Inc. in Miami, Florida a then Lan Airlines affi liate. Mr. Tornero currently supports the IATA Legal Services Department with the Cargo Services Conference and Cargo Agency Conference, which are responsible for establishing international standards for the transportation of air cargo and regulating the carrier-cargo agent relationship, respectively. Additionally, Mr. Tornero is the corporate counsel for IATA s wholly owned subsidiary, Cargo Network Services Corporation headquartered (CNS) in Miami, Florida responsible for supporting CNS with all of its legal services including commercial matters, competition law compliance, corporate governance and regulatory issues. Recent initiatives by Mr. Tornero include: 1) Establishment of a Legal Committee Working Group to address Brazilian courts failure to exclusively apply the International Liability Conventions (Warsaw 1929 and Montreal 1999) to passenger and cargo claims; 2) Development of the IATA Training and Development Institute course: International Air Cargo Law. First class to be taught by Mr. Tornero in Beijing this December to Air China personnel. 3) Inaugurated the Legal for Non-Legal Track at this year s World Cargo Symposium. Prepared a track of three panels on issues raging from the Forwarder-Carrier relationship to Bouncing Back with your legal department in line with this years WCS theme. 4) Presentation on legal liability issues involving the IATA e-air waybill at this year s XXXVIII Jornadas Iberoamericanas de Derecho Aeronautico y del Espacio y de Aviacion Comercial held at the University of Buenos Aires on October ) Instrumental in revising Cargo Services Conference Resolution 600b (the Conditions of Contract on the reverse side of the air waybill) to harmonize its liability standard worldwide, across all routes (Convnetion and Non-Convention) at the Montreal Convention standard: 19 SDRs/kilo. 6) Guest speaker at the 6th IATA Cargo Claims and Loss Prevention Conference held in Geneva, Switzerland on November Participant on the Claims Involving e-awb & e-freight Shipments panel, and gave presentation on Agent vs. Forwarder Implications on Liability. 49

50 Eric Vallieres Partner, McMillan LLP, Montreal Éric Vallières is a Canadian litigator specializing in high-end litigation. Eric is ranked in the Chambers Global 2011 as a leading Competition Litigator in Canada and by the 2010 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers as a Litigator to watch. Eric is also listed as one of the leading aviation lawyers in Canada by the International Who s Who since Éric is very involved in the airline industry and he routinely acts for IATA, as well as for international airlines, including in regulatory matters. In particular Eric has recently been involved in matters regarding international sanctions and their effect on IATA services. Éric has extensive commercial litigation experience, having represented clients before commercial courts, specialized tribunals and arbitration as well as before the Supreme Court of Canada. Éric is a frequent speaker in Canada and abroad on topics relating to aviation law, competition law and crossborder litigation. 50

51 James Wade Partner, Haynes and Boone, Washington, D.C. Mr. Wade concentrates his practice on antitrust and competition issues including merger clearance, government civil and criminal investigations, private antitrust litigation, and antitrust counseling. He has more than 25 years of experience dealing with antitrust issues in both the private and government sectors. Prior to joining Haynes and Boone Mr. Wade was the Chief of the Litigation III section of the Antitrust Division, Department of Justice, where he was responsible for the oversight of civil antitrust enforcement and litigation activities nationwide in a wide variety of industries. He represented the United States in a successfully litigated challenge to a major airline carrier s acquisition of a controlling stock interest in one of its competitors, as well as the government s action to block the acquisition of certain strategic satellite assets by a joint venture controlled by the fi ve largest cable MSOs in the United States. Mr. Wade was named a Washington, D.C. Super Lawyer 2007 in antitrust litigation. He was recently recognized in Best Lawyers 2011 for Antitrust Law. 51

52 Xianping Ping Wang Of Counsel, Holland & Knight, Washington, D.C. Ping is a co-founder of GCW Consulting in Washington D.C. and the president of GCW (Beijing), Ltd., with offices in Beijing, Shenzhen and Guangzhou. For over 20 years Ping and his colleagues have been intensely involved in PRC commercial and general aviation industry evolution. With relentless efforts in fostering and promoting contemporary operation, management, regulation and financing theories and techniques, Ping and his PRC local team played ground-breaking roles in PRC aviation reform and growth, along with industrial leaders in both the regulatory agencies, as well as stateowned and private aviation enterprises. In addition to assisting a wide-range of PRC and foreign airlines/airports in improving operation and management efficiency, Ping and his team are particularly active in aviation infrastructure developments as strategic and business advisers to property owners, financiers, airlines and airports on corporate strategy and business plan development, fleet and facility development plans, private ownership of aircraft and facilities, cross-border JV and investment, as well as PRC aviation rules and regulations. Ping received his LL.B and LL.M degrees from Peking University and China Academy of Social Sciences, and his J.D. degree at Duke University School of Law. As a practicing attorney, Ping serves as an Of Counsel in the Washington, DC-based law firm of Holland & Knight. Ping can be reached at either [email protected] or [email protected]. 52

53 Chen Weihua General Counsel, China Southern Airlines Company Limited Mr. Chen is currently the Chief General Counsel and also the General Manager of Legal Department of China Southern Airlines Company Limited. He received a LLB from Beijing University and an EMBA from Tsinghua University. He has been engaged as a full time counsel for decades, and as the senior management of China Southern Airlines Company Limited for seven years. With a solid background in law, he is well versed in domestic and international laws and has extensive experience as an internal counsel in corporate issues. He is one of the most prominent experts in the profession and specialises in PRC corporate law, contract law, securities law, foreign investment law, civil aviation law and aviation related international conventions. He has vocational qualifi cation certifi cate as a lawyer and as an in-house legal counsel. He also serves at present as an arbitrator in China International Economic and Trade Arbitration Commission, Vice-Chairman of the China Aviation Law Society and a visiting professor of Civil Aviation University of China. He has been named as one of the fi rst Top Ten General Legal Counsels of National Enterprises. 53

54 Thomas J. Whalen Partner, Eckert Seamans Cherin & Mellott, LLC, Washington, D.C. Thomas J. Whalen is a partner in the Washington, DC offi ce of Eckert Seamans Cherin & Mellott LLC. Mr. Whalen s practice has primarily involved the sale, fi nancing and leasing of aircraft and aircraft engines; litigation in defense of airlines; and trade advice concerning the U.S. economic sanctions affecting the sale and lease of aircraft equipment. Mr. Whalen argued the case of Helicopteros Nacionales de Colombia SA (Helicol) v. Hall, 446 U.S. 408 (1984) before the Supreme Court of the United States. Helicol is the landmark precedent on the issue of the jurisdiction of the United States Courts over aviation claims that arise outside of the United States. Mr. Whalen was also a member of the drafting committee of an international convention which has come into force as the Cape Town Convention and Aviation Protocol. Mr. Whalen is a graduate of Georgetown University Law Center (JD in 1963) in Washington, D.C. 54

55 Michael White Assistant Director, Cargo Facilitation & Standards, IATA MICHAEL R. WHITE is the Assistant Director of Cargo Facilitation, Security and Standards for Cargo Network Services (CNS) and Regional Manager of Cargo for the International Air Transport Association (IATA). Based in Miami, Florida, Mr. White is helping lead the air cargo industries efforts in Secure Freight, e-freight, data quality and timeliness and government issues related to air cargo in the Americas. He is called on upon frequently by industry and government offi cials for offi cial viewpoints and to speak on behalf of CNS and IATA. His experience includes Chief Operation Offi cer of SkyLink USA, President of Trade Network Consultants, Managing Director of Cargo Services at the Air Transport Association of America (ATA), Midwest Regional Vice President of KLM s Cargo Service Center, Manager of Cargo Services and Product Development Worldwide for United Airlines, Cargo Manager for United Airlines in New York-JFK and Miami as well as other numerous operational management positions with Continental, Frontier and United Airlines. At the ATA he oversaw the industries air cargo security program. On September 11, 2001 his operational and government experience was called upon by industry and government. His interface with the government and working directly in the air cargo industry provided him with the knowledge and contacts to assist in meeting today s air cargo challenges. Mr. White has been called upon to brief US Congressional members and their staff on the importance of air cargo and its part in the global economy. Mr. White was also a senior representative for the trade during the development of the U.S. government s known shipper program, the indirect air carrier program, the Customs Trade Partnership (C-TPAT) program and the Container Security Initiative (CSI) to help secure the supply chain after the events of TWA fl ight 800 and September 11, He served as an advisor to the U.S. government and the International Civil Aviation Organization (ICAO) on customs, security and other air cargo related issues. Mr. White was selected in 2011 by US Customs and Border Protection as a Trade Ambassador and also serves on several committees of their Trade Support Network. He also is the air cargo Chair of the Customs Electronic Senior Advisory Committee. He is a lifetime member of the JFK Air Cargo Association, the International Air Cargo Association of Chicago and the Traffi c Club of Chicago. 55

56 Andrew Winterton Head of Legal & Compliance, easyjet Andrew Winterton is the Head of Legal and Compliance at easyjet, the UK s largest airline and 4th largest in Europe. He manages a team of 6 that provides legal support to easyjet plc and its subsidiary companies which includes the operating carriers easyjet and easyjet Switzerland. He advises on both contentious and non contentious matters ranging from M&A, Competition and Consumer law to High Court litigation. He is also responsible for managing the company s legal risk in the 29 countries in which it operates, and is heavily involved in regulatory and public policy issues that affect the company. Prior to joining easyjet, Andrew spent 5 years at Virgin Atlantic Airways working on areas as diverse as asset fi nance, environmental litigation and aviation law in jurisdictions located across the Virgin Atlantic network. Before moving in house he worked at Clyde & Co 56