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AGM September 2016 (Cardiff) Notes

Saturday, 17 Sepetmber

08:45: Meeting opened

Breakout Reports

  • Corporate M&A:
  • Dispute Resolution:
  • Intellectual Property:

Meeting Venues

Venues 2017:

  • Nicosia (16-19 March)/Jerusalem (19-21 March)
  • Cincinatti (7-10 September)

Candidates 2018-20 (from last survey):

  • Stockholm, Tokyo, Mexico, San Diego, Seattle-Vancouver, Hamburg, Lisbon, …

Informal Regionals

  • (North) America (New York)
  • EMEA: Geneva (May 2016) … only when no European venue in that year? … rotating or fixed venue?

The meeting venues were reviewed and Chris Campbell (CTC) noted a new survey for venues 2018, 2019/20 and beyond would be sent out after the AGM. Freiburg, London and Dubai asked to be added.

A North America Meeting is likely to take place in NYC in February again and it was asked that it be scheduled early so as not to clash with the mid-March Cyprus meeting.

The EMEA hosted in Geneva in May 2016 by Lalive (Bernd Ehle, Nicolas Olivier) was deemed a success. Geraint Tilsley (GT) noted that it was nice to see slightly different faces; he would also recommend rotating the venue and did not see an impediment if there were a meeting in Europe planned that same year.

Referrals Reported in Q1 and Q2 2016

  • In total 26 responses. The rest did not respond at all
  • 20 substantive responses reporting one or more referrals[i]
  • Only one referral is reported by both sides (FGvW-Hanson Bridgett)
  • Podolsky Vasiliev Klein: used the (preferred) website form.
  • Delany and KoyaKuti: only joined in June 2016 so no basis for Q1 and Q2
  • Simburg Ketter: had not tracked referrals (previous finding that deficient reporting made the collected data insignificant)
  • JLPW and Geldards (Cardiff) would gather information (not reported as of 1 September)

CTC updated the members on referral reporting, noting that only one entry matched, and that 26 out of 95 members had completed the task.

Councillors reported on their portfolios

  • Special (outreach, innovative fee models): John Pinney
  • Professional Development: John Pinney, Jim Zipursky
  • Business Development: Ahmed El Makkawi, Jim Zipursky
  • External Relations: Carlos Alayza, Jim Zipursky
  • Membership Development: Carlos Alayza ( & Sophie Lagayette, excused) Ahmed El Makkawi, Christian Campbell

John Pinney (JBP) again suggested templates for fee arrangements – Geldards seemingly has an info sheet for clients which could be used as a starting point to make more generic as to how to use crossborder services of IBLC; understand when you refer your client it will remain in part your responsibility. Do share your client’s paying ethics. Be aware that some jurisdictions do not allow for banking transactions to go via the referring firm.

Ahemd El Makkawi (AEM) suggested a written confirmation that any consultation up to 30 minutes within the IBLC for member firms and their clients would be free. It is mostly happening anyways, but he felt it would be even more appreciated / taken up if the 30-min-freebie were put into writing.

As to Professional Development the idea of a webinar on MJS’s topic was discussed.

Vincenzo Sinisi (VS) noted that he was opening an Iran Desk (similar to FGvW’s) and that the IBLC’s Member in Iran was unfortunately not very interested (confirmed by Barbara Mayer). VS suggested preparing a short fact list on how /why to do business in and with Iran and list business opportunities (-> dealboard?)

Peter Pang (PP) noted that his other network had an online platform where one could notify other members of ones’ travel itinerary so they would get an automated message that somebody comes through their town.

Dan Gardenswartz (DG) responded that he would not react if he received a generic message about someone being in San Diego whom he did not know because for him networking is a matter of personal relationships. He also noted that he thought the website looked antiquated. After some discussion on the website, its features, etc, Carlos Alayza (CHA) proposed to defer to CTC to ask members for feedback on the website, then consult with web-designers and decide what improvements could/should be implemented. A couple of members suggested setting up an additional “Website Subscription”, though others asked whether this would be fair – some pitching in, others not  – and workable.

CHA briefly talked about IBLC’s external relations and cooperation with the IECNet network of accountants and auditors, and that 4 IBLC Member representatives would at IECnet’s Frankfurt AGM at the end of October. Andrew Burch, IECnet’s treasurer had also reported briefly on the two groups’ cooperation on Friday.

CTC then went on to give an update on members (gained, lost, applications declined, pending, etc)

95 Members (belonging to 77-80 firms), 2100+ lawyers

11 new offices joined as from 1 June 2016:

  • St Lucia, St Kitts and Nevis, Montserrat, Grenada, Dominica, British West Indies, Antigua & Barbuda, Anguilla, St Vincent and the Grenadines: Delany Law
  • San Francisco, CA: Hanson Bridgett
  • Lagos, Nigeria: Koya & Kuti

6 Members left as from 1 June 2016 :

  • Amman, Jordan: Zalloum & Laswi
  • San Francisco, CA: Carroll Burdick
  • Caracas, Venezuela: De Sola Pate & Brown
  • St Petersburg, Russia: Legal Studio
  • Copenhagen, Denmark: Mazanti Andersen Korso Jensen
  • Boise, Idaho Parsons Behle Latimer

Candidacy declined by IBLC:

  • Bologna: Avvocato Antonio Fraticelli (former IBLC rep for Tampieri e Associati)

Admission offered, but not subscribed by candidate:

  • Abuja, Nigeria: Osuya & Osuya
  • Krakow, Poland: KL Legal

Prospects:

  • Bratislava, Slovakia: Barger Prekop
  • Costa Rica, El Salvador, Guatemala and Nicaragua: LatinAlliance.

Recruitment: ?

CTC suggested circulating by email lists of jurisdictions (similar to the referral lists) without Members so existing Members could suggest offices (and contacts) for recruitment. Paul Hopkins (PH) said he had a lead in Scotland, Greg Leather (GL) one on the Channel Islands.

“Old wine, new bottles” (Members now operating under new names, etc):

  • Sydney, Australia: Omniwealth Legal
  • Quito, Ecuador: APREC Abogados
  • Milwaukee: Husch Blackwell

Emerald Jubilee (20 Years IBLC, Founding Members):

  • Dubai, UAE: Apex Juris
  • Bridgetown, Barbados: Chancery Chambers
  • Hamburg, Germany: Stenger
  • Limassol, Cyprus: Neocleous

Next the conclusions of the Heiser-Solomon Report were discussed.

Background

  • Brussels AGM mandated RS and EH to report on issues relating to territoriality, exclusivity and participation of individuals no longer representing Members. This was followed by a Lima draft report, consultations, and now the final report.

Based on the final report, the Council and Secretariat have identified three topics for discussion by the AGM:

  • Territoriality/exclusivity
  • Individual participants
  • Multiple Members in a city

Resources:

Regarding territoriality and exclusivity, a number of Members mentioned and reiterated that an important distinction is and (should be stressed) between a Member, a subscribed office, and an unsubscribed office (non-member) belonging to the firm of a Member. Growth of firms and changes in practice structures cannot be ignored, but one could see something positive in this – as an opportunity rather than a threat.

Kate Toomey (KT) suggested that nailing it down on a city based territoriality at least in the US creates false conflicts as US lawyers, rightly or wrongly, typically see themselves as capable of handling any matter connected with the US notwithstanding state and city lines; she mentioned a duality of Members’ roles in this discussion, i.e. a Member might face another Member’s firm having an unsubscribed office in its city, while its own firm may have unsubscribed offices in other Members’ cities.

DG thought when it came to marketing much depended on the individual who has the relationship with others in the IBLC, not the firm, but the non-marketing of an unsubscribed office should be a given.

With respect to multiple Members in a city, Mel Simburg (MJS) noted that Rick Holzer (RH) had asked him about Holzer Patel Drennan (HPD) setting up a patent office in Seattle, which MJS said he would greatly encourage, however, only if it would not change its character [from purely complementary to overlapping practices].

CTC noted that, for example, the HPD Seattle practice as a non-Member would not be promoted in IBLC. If as a result of adaptation of IBLC’s one-Member-per-city rule (which should require MJS’ consent in this context) HPD’s Seattle office became an IBLC Member, but subsequently its practice evolved to overlap with SKSP’s, procedures would be necessary to protect the prior Member, presumably to end the later Membership that now overlapped in that city.

It was agreed and understood that as part of a protocol (and matter of courtesy) Members should approach and inform the existing Member if their firm is to merge or setup shop in that Member’s city/surroundings.

With respect to continued participation of longstanding Member representatives, Annita Papakyriacou (AP) asked if the establishment of an “Honorary Member” status for an individual who has served the IBLC for many years and in many ways but had retired from practice (or similar) would be possible. As she put it – the IBLC should be gracious to honour such people. And not make a fuss if they wanted to stay involved and attend meetings. Rob Solomon (RAS) agreed it was important to keep people involved.

As a final point the elected and appointed Councilors were announced with Jovita Vassallo (who won the election) and Rod McCloy as the appointee. The members thanked AEM for his services these past two years and CTC hoped he would stay involved especially with JAZ working on the Dealboard.

Meeting adjourned 12:15

 

[i] IBLC Referrals Reported in Q1 and Q2 2016

In total we received 26 responses. The firms of 20 Members reposnded substantively:

Respondent

To

From

Akhlagi

None

None

Alayza

RTyDC, SOFTWARE COMPANY  that was referred by Arizaga law Firm

Arizaga, We received a referral for a software company operating in Peru, we are currently their attorneys

Apex

Jausas, enquiry

CFA, enquiry

Lalive, engaged

Fletcher Day, enquiry

WELAW, engaged

Ban Szabo

None

None

CFA

None

None

Childress

None

Tarlow Breed, Bill Rodgers referred the review of insurance assets for a merger he was handling

Delany

None

None

DSM

None

Jausas, corporate – restructuring, USD 15.000 engaged

Jausas, corporate – migration Lux firm, USD 2.500 engaged

FGvW, (Cologne), corporate – merger, USD 4.500, engaged

FgvW, (Frankfurt) corporate - incorporation Lux firm, USD 4.000, engaged

FGvW, (Freiburg) commercial – advice GTC, USD 450, concluded

FGvW

Geldards, Knauf, Project Sphinx (sale of business unit)

Diamond McCarthy, Festo: Request concerning litiagtion in Texas

Moroglu Arseven, Festo: joint venture in Turkey; FWTM: possible acquisition in Turkey

Van der Merwe, Testo: request for general advice

DSM, Insurance law request

Jausas, Tillotts: advice relating to pharmaceuticals

RTyDC, Schondelmaier: presentation concerning the establishment of a subsidiary in Mexico

Hanson Bridgett, Commercial law matter

Kusunoki, Festo: request concerning the sale of products in Japan (commercial law, competition law)

Koley Jessen, JBT: Corporate and commercial law requests

Moroglu Arseven, Dispute in Saarbrücken, enquiry

Fletcher Day

ABPA Money Transfer Company, compliance, enquiry,$?;

Geldards, Engaged - IP matter – fees $ xx (status?);

Geldards, Referred but did not engage - Debt (construction) for $112,000. $0.00;

Geldards, [2015 referred Stonecrest construction dispute – we were conflicted]

Jausas Enquiry to Joan – purchase of land in Sotogrande for E270,000. Waiting to see if instructed.

Tarlow Breed Enquiry to Bill – corporate matter for the sale of company shares. Waiting to see if instructed.

Zalloum, Concluded – criminal records – fees $800

Eptalex, Enquiry but did not engage - mandate fraud so limited help – we emailed the options for no charge - $0.00

Philippe & Partners, Enquiry but did not engage - Landlord & tenant dispute (minor) – quoted $300 (goodwill) but envisage the tenant dealt with it themselves

Vitolo Abogados, Concluded - Company dispute - worked in conjunction with Agustina and VDMA (SA). We dealt with the English company part of the dispute – fees $3,100

Stenger, Referred but did not engage - $1billion joint venture – carried out initial investigations but we could not act due to the Russian gas supplier being on the sanctions list. $0.00

Fylgia, Engaged - fund dispute over $2.4m  - fees $5,000 (ongoing)

Hanson Bridgett

None

FGvW, breach of contract dispute venued in California

HIL

Jausas, 1 small case engaged

GALT, 1 follow up (enforcement)

Geldards, 1 big case engaged

HolzerIPLaw

None

Allen Pinnix, Local counsel work in litigation ($1000)

Arizaga, US Trademark and Copyright registrations ($Unknown)

KoyaKuti

None

None

Lalive

Eptalex, engaged by advice on Swiss association law

None

Pardini

None

None

Podolsky Vasiliev Klein*

Online

DSM, Information about the shareholders and beneficial owners of three Russian companies, <5kUSD paid

Fylgia, Translation and check of contract for the client, <5kUSD paid

Surana &Surana

None

None

Triplet

None

None

WELAW

Triplet, referred, discontinued

Geldards, referred, discontinued

Ciardi, referred, pending

None

Podolsky Vasiliev Klein* responded using the (preferred) form on the website.

Delany and KoyaKuti responded that having only joined in June 2016 they could not have any referrals to report for  Q1 and Q2.

Simburg Ketter responded that they had not tracked referrals due a finding at previous IBLC meeting that deficient reporting made the data insignificant.

Jeff Leong, Poon & Wong and Geldards responded they would gather information but had not reported as of 1 September 2016.

Only one referral is reported both by both sides (FGvW-Hanson Bridgett)

60 Members did not respond at all.

12:15: Meeting adjourned

More

Posted by Christian Tyler Campbell

2016-10-04 13:52:31