Hosted by the Santa Clara Journal of International Law

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The Santa Clara Journal of International Law is proud to host our annual symposium on April 8, 2022. This year’s theme will be “China and the Reshaping of the International Legal Order.” We are framing our discussion around China’s recent push to become more assertive when dealing with international matters and to reshape international legal and regulatory norms. This event will focus on three broad topics:

1. Enforcement of Intellectual Property
2. International Trade & Cross-Border Regulation
3. Human Rights

To allow for guests to attend from around the world, this event will take the form of a Zoom webinar.

This event will qualify for Continuing Legal Education (CLE): 3.75 hours.

Donations are welcome! While this symposium is free of charge, we welcome your donations. This year, we plan to contribute all of the donations we receive to the ABA Rule of Law Initiative (ABA ROLI), a non-profit organization providing technical legal assistance programs in over 50 countries. More information about the ABA ROLI is available here. Recommended donations are $25 for non-students and $5 for students. Donations can be made by clicking here and following the instructions below:

Donation Instructions: Once on the donation page, (1) Select “Santa Clara Law” from the dropdown in the first field, (2) Select “Other” from the dropdown in the second field, (3) Type “FBO Santa Clara Journal of International Law” in the field for “Special Instruction/Other Designation”, (4) Select the appropriate dropdown selection in the “Gift Type Field” (note: use “one-time gift” for a one-time donation), and (5) Enter the donation dollar amount.

The symposium is supported by the Center for Global Law & Policy (CGLP).

Please direct inquiries to Justin Lee, Business & Fundraising Editor, at jdlee@scu.edu.

Schedule

Speaker Bios

CLE Articles

Event Details

Symposium Schedule (subject to change):

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Speaker Bios:

PANEL I

Eric Priest, Professor of Law, University of Oregon

Eric Priest researches in the area of intellectual property law, with a focus on copyright law in the information age and creative industry ecosystems in the U.S. and China. Professor Priest currently serves on the U.S.-China IP Cooperation Dialogue, organized by the U.S. Chamber of Commerce and Renmin University in China. The Dialogue is a multi-round interchange between U.S. and Chinese experts on the most challenging intellectual property issues facing China. The National Committee on U.S.–China Relations named Professor Priest a 2014–2016 Public Intellectuals Program Fellow. From 2006–2007, he was a fellow in residence at the Berkman Center for Internet & Society. Before entering the law field, Professor Priest spent a decade as a music producer and songwriter with a couple of gold and platinum credits by obscure European artists. Since 1999, he has worked sporadically in the Chinese music industry as a consultant, Web entrepreneur, songwriter, and producer. Most recently, he wrote and produced the theme song for the Chinese television drama ‘Emotional Barcelona’ (情陷巴塞罗那).

David Tsai, Attorney, IP Litigation Partner at Pillsbury Winthrop Shaw Pittman LLP

David J. Tsai is a Partner in Pillsbury’s San Francisco office and Co-Manages the firm’s Taipei Office. His practice focuses on patent, trade secret, complex breach of contract, and product defect litigation for companies innovating biotechnology (pharmaceuticals and genetic engineering), medical devices, software (Internet and mobile apps), and hardware (semiconductors, set-top boxes, smartphones, solar wafers and light-emitting diodes/LED/OLED). His legal experience includes defending clients in international arbitration cases, litigating in the areas of copyrights and trademarks, preparing and prosecuting U.S. electrical engineering patent applications, drafting patentability, freedom-to-operate and non-infringement opinions, as well as patent interference in the area of biotechnology. He also represents clients in patent negotiations, licensing and overall intellectual property strategy.

In addition to working with Fortune 500 companies, David works with many international companies based in Taiwan, China, Hong Kong, Korea, Japan, the UK, and Singapore.

Amy Wang, Attorney, Senior Attorney and Litigation Team Lead in Intel China

Amy Wang is the senior attorney and litigation team lead in Intel China and manages all litigation strategies and handling all litigation and arbitration for Intel in China. Prior to taking that role, she supported the sales and marketing team of Intel China for 4 years. Before joining Intel in 2015, Amy spent 8 years in the legal group of Sony China, with the first 5-year as an in-house litigator and the following 3-year as the lead counsel to support all teams in Sony China Beijing office, including the sales and marketing group, HR, government affairs, standards, PR, R&D and other supporting teams. Before changing her role as an in-house attorney, Amy started her legal career at Zhonglun law firm as an associate for 3 years, where she handled litigation and arbitration, and advised MNCs on corporate legal matters. Amy Wang achieved both her bachelor degree and master degree in law from Peking University.

Benjamin Qiu, Attorney, Partner at Loeb & Loeb LLP

Benjamin Qiu is a partner at Loeb & Loeb LLP. He focuses his practice on venture capital financings, fund management, corporate governance, and intellectual property portfolio building, licensing and protection. Representing emerging growth enterprises from a variety of technology sectors, he has significant experience working with electronics and software companies as well as internet startups. He previously served as senior counsel and fund director at a prominent investment fund for companies in the mobile computing, e-commerce and cloud computing sectors. Benjamin has supervised the formation of USD- and RMB-denominated venture capital funds and has handled more than a hundred financing transactions primarily related to technology and entertainment companies.

An adviser to multinational companies from the U.S., Europe and Japan on IP asset development, licensing and enforcement in China, he has represented Chinese companies in patent, copyright and commercial litigation in the U.S.

PANEL II

Anna Han, Professor of Law, Santa Clara University

Professor Anna Han specializes in the areas of Chinese law, corporate law, startup businesses and technology licensing. She is well-published, writing primarily on topics relating to the developing legal system of the People’s Republic of China and is the co-author of the casebook “Doing Business in China,” published by West. She has served as the director of Santa Clara University School of Law’s summer programs in Hong Kong, Shanghai, Singapore, Geneva/Strasbourg, Istanbul, The Hague, and Oxford and was the director Center for Global Law and Policy for two years. She frequently serves as an expert on issues relating to corporate governance and Chinese law.

Prior to joining the Santa Clara University School of Law faculty in 1991, Professor Han worked as an associate at Heller, Ehrman, White & McAuliffe and, subsequently, as an associate and then partner at McCutchen, Doyle, Brown & Enersen (now Morgan Lewis). She has also served as Counsel to the international firm of White and Case, based in Palo Alto. Professor Han served as Santa Clara Law’s Interim Dean from July 2019 – July 2021.

Alan Sykes, Professor of Law, Stanford University

Alan O. Sykes is a leading expert on the application of economics to legal problems whose most recent scholarship is focused on international economic relations. His writing and teaching have encompassed international trade, torts, contracts, insurance, antitrust, international invesgtment law and economic analysis of law. In 2010, he founded Stanford Law School’s LLM program in International Economic Law, Business and Policy (IELBP). Professor Sykes has been a member of the executive committee and the board of the American Law and Economics Association, and served as reporter for the American Law Institute Project on Principles of Trade Law: The World Trade Organization. He is on the Board of Editors for the Journal of International Economic Law, the World Trade Review, and a member of the editorial board of the American Journal of International Law. He formerly served as an editor of the Journal of Legal Studies and the Journal of Law and Economics. He is also a former National Science Foundation graduate fellow in the Department of Economics at Yale University.

Before joining the Stanford Law School faculty again in 2015 (he was. on the faculty from 2005 – 2012), Professor Sykes was the Robert A. Kindler Professor of Law at NYU Law School and, prior to 2005, he was the Frank and Bernice J. Greenberg Professor of Law at the University of Chicago Law School, where he also served as faculty director of curriculum.

Mitsuo Matsushita, Special Advisor, Nagashima Ohno & Tsunematsu

Mitsuo Matsushita is a special advisor at Nagashima Ohno & Tsunematsu. He was a member of various councils attached to ministries of the government including the Industrial Structure Council (METI), Customs and Tariffs Council (MOF) and the Telecommunications and Post Council (MOGA). Currently he is a Chairperson of the Japanese Institute of International Business Law Institute, Inc., a member of the board of directors at the International, Inc., the Japan Tariffs Association, Inc. and the Center for International Economic Collaboration (CFIEC).

Ruming Liu, Attorney, Partner at MagStone Law, LLP

Ms. Liu, the founding partner of MagStone Law, LLP, is a seasoned corporate attorney, with over a decade of experience representing public and private companies and investment banks in corporate and finance matters. In her private company practice, Ms. Liu advises start-up and emerging growth enterprises from formation through acquisition or initial public offering in matters including venture capital financing, equity financing, operational compliance and technology development (including licensing, distribution and other technology transfer matters).

Ms. Liu is the lead counsel of ZGC Capital Corporation, AVIC Capital, Sinohydro Corporation, China Oceanwide, Donghai Securities, Tsingyuan Capital, SV Tech Ventures, NetPosa, Great Wall Club, Haiyin Venture Partners, Novumind, Musical.ly, PerceptIn, Nanjing Estun Automation Company, and other U.S. and Chinese companies and investment funds in their acquisition, financing (including Regulation A financing) and joint ventures in the U.S. Ms. Liu has represented SPT Energy, China Tianrun Cement and Daming International in their initial public offerings and has represented several NASDAQ-listed U.S. public companies in the preparation of their Forms 8-K, 10-Q, 10-K, Wells submission, Form 8-K, press release, Schedule 13D & 13 G filings and proxy statement.

PANEL III

Philip Jimenez, Professor of Law, Santa Clara University

Philip J. Jimenez teaches International Business Transactions and Negotiation. He is expert in legal cultures of the Far East, has consulted for the Ministries of Justice in Thailand and the Republic of Korea, and has advised various foreign companies. He has lectured in many Universities in Asia, including in Tokyo, Seoul, Bangkok, Singapore, Ho Chi Minh City and Ulaan Baatar, and was recently awarded Honorary Doctorate from National Graduate University in Mongolia for contributions in development of Environmental and Human Rights Law. Professor Jimenez was also a co-founder of Santa Clara Law’s Center of Global Law and Policy.

Prior to joining Santa Clara University School of Law in 1973, Professor Jimenez spent four years in practice with California Rural Legal Assistance. Since then, he has been a visiting professor at UCLA, Boalt Hall, and the University of Puget Sound, as well a visiting lecturer at many universities in the Far East. While he attended law school at Boalt Hall, he was co-founder and contributing editor of El Grito, a journal of contemporary Mexican-American thought.

Martin Flaherty, Professor of Law, Fordham University

Martin S. Flaherty is Leitner Family Professor of Law and Founding Co-Director of the Leitner Center for International Law and Justice at Fordham Law School. He is also a Visiting Professor at the Woodrow Wilson School of Public and International Affairs, where he was Fellow in the Program in Law and Public Affairs and a Visiting Professor at the New School in New York. Professor Flaherty has taught at China University of Political Science and Law and the National Judges College in Beijing, and co-founded the Rule of Law in Asia Program at the Leitner Center as well as the Committee to Support Chinese Lawyers, an independent NGO on which he serves as Vice Char: csclawyers.org. He has also taught at Sungkyunkwan University in Seoul, Queen’s University Belfast, Columbia Law School, Cardozo School of Law, St. John’s University School of Law, and the New School. Previously Professor Flaherty served as a law clerk for Justice Byron R. White of the U.S. Supreme Court and Chief Judge John Gibbons of the U.S. Court of Appeals for the Third Circuit.

Diane Desierto, Professor of Law, University of Notre Dame

Diane A. Desierto joined the University of Notre Dame in January 2021 as Professor of Law and LL.M. Faculty Director, with a joint appointment at the Keough School of Global Affairs. Desierto teaches, publishes, and practices in the areas of international law and human rights, international economic law and development, international arbitration, maritime security, Association of Southeast Asian Nations (ASEAN) Law, and comparative public law. At Notre Dame, Desierto is a Faculty Fellow at the Klau Center for Civil Human Rights, Kellogg Institute of International Studies, Liu Institute for Asia and Asian Studies, Pulte Institute for Global Development, and Nanovic Institute of European Studies. She is also Co-Principal Investigator of the Notre Dame Reparations Design and Compliance Lab.

Desierto is a Member of the Expert Group of the United Nations Working Group on the Right to Development, Resource Expert for the Association of Southeast Asian Nations (ASEAN), former Director of Studies and Faculty at the Hague Academy of International Law, President of the Friends of the Hague Academy Foundation, and Philippines Focal Point for the International Criminal Court Bar Association. She is active as international counsel at matters successfully litigated at the Permanent Court of Arbitration, the UN Human Rights Committee, the Philippine Supreme Court and Southeast Asian agencies, and was appointed by the Philippine Supreme Court as Professor of International Law and Human Rights at the Philippines Judicial Academy. Desierto serves on the editorial and/or scientific advisory boards of the European Journal of International Law (and Editor of its leading international law blog EJIL:Talk!), Journal of World Investment and Trade, International Law Studies, and various Asian international law journals. Desierto previously taught as tenure-track/tenured law faculty at the University of the Philippines, Peking University School of Transnational Law in China, and the University of Hawaii Richardson School of Law.

CLOSING REMARKS:

Tseming Yang, Professor of Law and Director of the Center for Global Law and Policy at Santa Clara Law

For more than two decades, Professor Tseming Yang’s work as an environmental lawyer, professor, and policy advocate has focused both on advancing understanding of the structure and role of the law with respect to the environment as well as how to ensure that effective implementation will contribute to the achievement of justice and sustainability. In addition to his work on domestic environmental law and its intersection with civil rights and social justice considerations, his other areas of research and writing have focused on environmental law in international treaties and in the law and governance systems of other countries, especially China.

Immediately prior to joining the Santa Clara Law faculty in 2012, Professor Yang served in President Obama’s Administration as Deputy General Counsel of the US Environmental Protection Agency. From 2007 to 2010, he led the establishment of the US-China Partnership for Environmental Law, a US AID and State Department-funded initiative to build China’s institutional capacity in environmental law and governance. Professor Yang started his career in environmental law as an attorney in the Environment and Natural Resources Division of the U.S. Department of Justice.

Santa Clara Law’s Journal of International Law

The Santa Clara Journal of International Law, established in 2002, is a student-run academic journal based at Santa Clara University School of Law. The Journal semi-annually publishes scholarly international law articles by leading academics, practitioners and law students from around the world. The Journal also hosts an annual Symposium and enriching JIL Speaker’s Series events throughout the year.

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CLE Articles:

• A Prescription for Curing U.S. Export Controls
• Defining the Extraterritorial Reach of American Export Controls: Congress as Catalyst
• China’s Export Restrictions and the Limits of WTO Law
• Key Takeaways and Q&As to Understand China’s Effort to Establish Its Own Legal Regime of Extraterritorial Jurisdiction