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Globalization of the Legal Profession

Friday, Nov 21, 2008
Harvard Law School

Biographies of Panelists and Moderators
Conference Materials
Live Blogging by Jeff Lipshaw
Related Article from the Harvard Law School website
Related Article in the AmLaw Daily by Michael D. Goldhaber
Related Article in the New York Times
Related Article in The Hindu by C. Raj Kumar

A joint regional event between the Harvard Law School Program on the Legal Profession and the American Society of International Law.

Legal practice historically has been a largely parochial endeavor. One need look no further than the complex debate within the United States about multi-jurisdictional practice between states (let alone questions of foreign lawyers practicing within the US) to see that the inherent complexities of the emerging global bar extend far beyond fitness and character to practice law.

In an age of rapid globalization, this is no longer merely the academic issue it might have been even a decade ago. The largest law firms now span the globe, with thousands of lawyers carrying the banner of a single firm, yet residing in geographically diverse offices and practicing law in numerous states. Large corporations face similar challenges in creating a common legal identity among in-house attorneys practicing in a multitude of jurisdictions that typically report upward to a single general counsel resident in one nation.

This one-day conference examined these issues from multiple perspectives. Does international commerce or finance provide common ground for practitioners, for example, or is there broader commonality among counsel in other fields, such as human rights lawyers?  What are the proper contours of a genuine debate over matters such as ensuring minimum standards of qualification, guarding domestic province from outside intervention, protecting clients and the public, the role of lawyers as aspect of national identity, and the like? What can we do—as international scholars, educators, and practitioners—to adapt to the rapidly-changing economic, social and political environment and prepare the next generation of lawyers—domestic and international—to meet the challenges that globalization will continue to present?

The symposium included four panels examining the globalization of the legal profession in terms of the impact on law firms, international and domestic regulatory frameworks, and a case study focusing on the legal profession in India. A broad range of speakers offered the varied perspectives of private law practitioners, government lawyers, academic scholars, government officials, consultants, corporate counsel, and the judiciary.

The keynote address on globalization was delivered by Ben Heineman, Jr., former Senior Vice President, General Counsel, and Secretary of the General Electric Company, along with remarks on legal education in the global setting by HLS Professor and Vice Dean for International Legal Studies William P. Alford.


Introduction—Global Changes to the Legal Profession: An Overview
Dr. David Nersessian, Executive Director, Harvard Law School Program on the Legal Profession [bio]

Panel 1—Perspectives on the Global Law Firm
Peter Kalis, Chairman & Global Managing Partner, K&L Gates [bio]
James Jones,Managing Director of Hildebrandt & Chairman of the Hildebrandt Institute [bio]
Trevor Faure, General Counsel for Europe, Middle East & Africa, Tyco International Ltd. [bio]
Prof. Ashish Nanda, Harvard Law School (Moderator) [bio]

Panel 2—Global Innovation and the Shifting Regulatory Environment: International Frameworks
Dr. Todd Nissen, Director of Services Trade Negotiations, Office of the United States Trade Representative [bio]
Prof. Laurel Terry – Penn State Dickinson School of Law [bio]
Prof. Carole Silver – Georgetown University School of Law [bio]
Elizabeth Andersen – Executive Director, American Society of International Law (Moderator) [bio]

Panel 3—Lawyer Qualification & Professional Responsibility in the Global Setting
Stephen Denyer, Regional MP for Europe, Allen & Overy (Germany) [bio]
Prof. Catherine A. Rogers, Penn State Dickinson School of Law [bio]
Hon. Richard Stearns, United States District Court – District of Massachusetts [bio]
Prof. Andrew Kaufman, Harvard Law School (Moderator) [bio]

The Global Lawyer: A Retrospective
Prof. Detlev Vagts, Harvard Law School [bio]

Luncheon—Legal Education for a Global Profession / Introduction of Keynote Speaker
William Alford, HLS Professor and Vice Dean for International Legal Studies [bio]

Keynote Address
Ben Heineman, Former Senior Vice President & Chief Legal Officer of General Electric and Senior Distinguished Practitioner Fellow, Harvard Law School Program on the Legal Profession [bio]
Panel 4—A Globalization Case Study: The Legal Profession in India
Prof. C. Raj Kumar, CEO – OP Jindal Global University & Jindal Global Law School [bio]
Pratibha Jain – Vice President & Chief Legal Officer, Goldman Sachs Mumbai [bio]
Nishith Desai, Managing Partner, Nishith Desai & Associates, Mumbai, India [bio]
Prof. David Wilkins, Harvard Law School (Moderator) [bio]

Closing Remarks—The Way Forward for the Global Lawyer
Prof. Marc Galanter, University of Wisconsin – Madison & London School of Economics and Political Science [bio]


Biographies of Panelists and Moderators

Elizabeth Andersen
Executive Director and Executive Vice President
American Society of International Law

Elizabeth Andersen is Executive Director and Executive Vice President of the American Society of International Law (www.asil.org), the United States’ premier institution for advancing the study and use of international law. ASIL was founded in 1906 by Elihu Root, who served as both Secretary of War and Secretary of State for President Theodore Roosevelt. Ms. Andersen became ASIL Executive Director in October 2006. Most recently she has served as the Executive Director of the American Bar Association’s Central European and Eurasian Law Initiative (ABA CEELI), where she had worked since 2003. Prior to her position at the ABA CEELI, Andersen was the Executive Director of Human Rights Watch’s Europe and Central Asia Division, where she had also worked as a researcher and director of advocacy for a total of eight years. Before joining Human Rights Watch, she served as Legal Assistant to Judge Georges Abi-Saab of the International Criminal Tribunal for the former Yugoslavia and as a law clerk to Judge Kimba M. Wood of the U.S. District Court of the Southern District of New York.

Andersen is a graduate of Yale Law School, the Woodrow Wilson School of Public and International Affairs at Princeton University, and Williams College. Her area of expertise is international humanitarian, human rights, and refugee law. More Information.

B.A., Williams College, 1987
J.D., Yale Law School, 1993
M.P.A., Princeton University, 1992

Stephen Denyer
International Development Partner
Allen & Overy LLP (Germany)

Stephen Denyer is a partner at Allen & Overy LLP. He is the firm’s International Development Partner, with a wide ranging role relating to the global development of the firm. He has a long standing involvement in the firm’s recruitment, know-how, training and development activities.  His other global management functions include general responsibility for the firm’s relationships with other law firms, public bodies, regulators and universities. In addition he oversees the firm’s Corporate Responsibility strategy.

From 1997 until 2007, he was Regional Managing Partner for Europe, with overall responsibility for the firm’s Continental European offices. From 2003 to 2006 he was co-managing partner of the Italian offices of the firm. From 1990 until 1997, he was the partner in charge of co-ordinating the activities of the firm’s Central and Eastern European practice group and had overall responsibility for its offices in Warsaw, Prague, Budapest and Moscow. He headed the Warsaw office from 1995 to 1997 and the Frankfurt office from 1998 to 2000. His professional work has included M&A, privatisations, flotations and take-over bids in many parts of Europe.  He frequently chairs and speaks at conferences on a range of topics relating to law firm development and management. More Information.

B.A., Durham University, 1977

Nishith Desai
Managing Partner
Nishith Desai & Associates

Nishith Desai is the founder of the multi-skilled, research based law firm, Nishith Desai Associates, which has offices in Mumbai, Silicon Valley, Bangalore and Singapore. In the past NDA was honoured with the Indian Law Firm of the Year and Asian Law Firm of the Year (Pro Bono) awards by the International Financial Law Review, a Euromoney publication. Nishith Desai is an international tax and corporate lawyer, researcher, author and lecturer. He has been ranked amongst the eight best Indian tax advisors by Legal 500 and Tax Directors Handbook 2009. In November 2004, Nishth Desai was ranked as No. 28 in a global Top 50 "Gold List" by Tax Business, a UK-based journal for the international tax community, after a worldwide survey of tax professionals who had influenced tax policies. Nishith Desai is also the only lawyer to hold a special license from the State Bar of California to practice Indian law.

Nishith Desai’s practice encompasses an extensive range of tax, corporate and technology matters, with a strong emphasis on private equity and venture capital funds. His other areas of practice include corporate globalization, international listings, M&A transactions, international IPOs, international successions management, corporate governance, e-commerce taxation, joint ventures and strategic alliances, employment and human resource laws, intellectual property rights, media and entertainment laws, complex information technology and business process outsourcing (BPO) transactions and social sector laws.

LL.B., University of Mumbai, 1973
LL.M., University of Mumbai, 1977

Trevor Faure
Vice-President and General Counsel for Europe, Middle East & Africa
Tyco International Ltd

Trevor Faure is the Vice-President and General Counsel of Tyco International (NYSE: TYC) Europe, Middle East and Africa (EMEA). Tyco International is a diversified, global company and comprises the leading provider security products and services (ADT), fire protection and detection products and services, valves and controls, and other industrial products. Tyco had 2008 revenue of more than $20 billion and has more than 110,000 employees worldwide. Faure joined Tyco in November 2004 with responsibility for all legal, managerial and compliance matters and was involved in the largest corporate separation transaction since AT&T in 2001. Faure was previously Legal Director, Dell Computer EMEA and Senior Counsel, Apple Computer EMEA. Faure attended Queen Mary College, University of London, earned an Honours Degree in Law and is a Barrister of the Supreme Court of England and Wales; he speaks fluent French having lived in Paris for 10 years.

Trevor Faure is "The Lawyer" magazine’s Corporate Counsel of the Year 2008 and was ranked as one of the world’s top 25 Corporate Counsel on the "Legal Business" Global Power List 2007. The team developed by Faure since 2004 won the "Legal Business" Team of the Year Award 2008 and the development process itself won "The Lawyer" HR Award 2008. Faure created the innovative "SMARTER" legal integration model which received "the Financial Times" 2007 Innovative Lawyer of the Year "Stand Out" citation. Faure created and negotiated the "profitable partnership" fee model with Eversheds which won "the Financial Times" 2008 Innovative Lawyer of the Year "Stand Out" Award.

B.A., Queen Mary College, University of London, 1986

Marc Galanter
John and Rylla Bosshard Professor of Law and South Asian Studies
University of Wisconsin – Madison
London School of Economics Centennial Professor
London School of Economics and Political Science

Marc Galanter is the John and Rylla Bosshard Professor of Law and South Asian Studies at the University of Wisconsin - Madison and LSE Centennial Professor at the London School of Economics and Political Science. Professor Galanter studies litigation, lawyers, and legal culture. He is the author of a number of highly regarded and seminal studies of litigation and disputing in the United States (including “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change,” one of the most-cited articles in the legal literature. His work includes pioneering studies on the impact of disputant capabilities in adjudication, the relation of public legal institutions to informal regulation, and patterns of litigation in the United States. He is also co-author of Tournament of Lawyers (with Thomas Palay, 1991) which is widely viewed as the most robust explanation of the growth and transformation of large law firms.

Professor Galanter is recognized as a leading American student of the Indian legal system. He is the author of Competing Equalities: Law and the Backward Classes in India (1984, 1991) and Law and Society in Modern India (1989, 1992). He is an Honorary Professor of the National Law School of India, served as advisor to the Ford Foundation on legal services and human rights programs in India, and was retained as an expert by the government of India in the litigation arising from the Bhopal disaster. He is currently engaged in research on access to justice in India.  A leading figure in the empirical study of the legal system, he has been editor of the Law & Society Review, President of the Law and Society Association, Chair of the International Commission on Folk Law and Legal Pluralism, a Guggenheim Fellow, and a Fellow of the Center for Advanced Study in the Behavioral Sciences. He is a member of the American Law Institute and a Fellow of the American Academy of Arts and Sciences. More Information.

B.A., University of Chicago, 1950
M.A., University of Chicago, 1954
J.D., University of Chicago Law School, 1956

Ben W. Heineman, Jr.
Senior Distinguished Practitioner Fellow
Program on the Legal Profession
Harvard Law School

Mr. Heineman is the Program on the Legal Profession’s first Practitioner Fellow and is also a senior fellow at the Belfer Center for Science and International Affairs at the Harvard’s Kennedy School of Government and senior counsel to WilmerHale. He is a former Rhodes scholar, editor-in-chief of the Yale Law Journal, and law clerk to Supreme Court Justice Potter Stewart. He practiced law in Washington, D.C., before serving at the Department of Health, Education, and Welfare from 1977 to 1980, ending his tenure there as assistant secretary for planning and evaluation. Mr. Heineman was then managing partner of the Washington office of Sidley & Austin, focusing on Supreme Court and test case litigation. In 1987, Mr. Heineman became senior vice president, general counsel, and secretary of the General Electric Company (GE), located in Fairfield, Connecticut. In 2004, he was named GE’s senior vice president for law and public affairs and served in that position until his retirement from GE at the end of 2005.

Mr. Heineman is a fellow of the American Academy of Arts and Sciences, member of  the National Academy of Sciences Committee on Science, Technology and the Law, a member of the Board of Managers and Overseers of Memorial Sloan Kettering Cancer Center; a member of the Board of Transparency International-USA; a member of the Council on Foreign Relations; and a member of the Board of CSIS. He is the author of books on British race relations and the American presidency. His latest book, High Performance with High Integrity, was published by Harvard Business Press in 2008. More Information

A.B., Harvard College, 1965
B.Litt., Balliol College,  Oxford University, 1967
J.D., Yale Law School, 1971

Pratibha Jain
Vice President & Chief Legal Officer
Goldman Sachs Mumbai

Ms. Pratibha Jain is currently the Vice President and Head of Legal for Goldman Sachs Securities (India) Private Limited in Mumbai, India. She has earlier worked as an associate with Sullivan & Cromwell, LLP in their New York, Tokyo and Hong Kong offices and with Skadden Arps Slate Meagher and Flom, LLP in their Hong Kong office. Ms. Jain’s educational qualifications are Bachelor of Economics (B.A.) and Bachelor of Laws (LL.B.) degrees from the University of Delhi; a Bachelor of Civil Law (B.C.L.) degree from the University of Oxford, where she was a St. Catherine’s College Bursary holder; and a Master of Laws (LL.M.) degree from the Harvard Law School, where she was a Samuel Morse Lane Fellow.

Jain’s interests include corporate law, securities law and feminist legal theory. She is admitted to the Bar of the State of New York in the USA and the Bar Council of Delhi in India. Although she is a legal practitioner, she has keen academic interests and was a Visiting Lecturer at the Hong Kong Polytechnic University. She has some publications to her credit including an article published in the Berkeley Journal of International Law. She is a member of the International Board of Advisors of Jindal Global Law School in India.

B.A., University of Delhi, 1995
LL.B., Faculty of Law, University of Delhi, 1998
B.C.L., University of Oxford, 1999
LL.M., Harvard Law School, 2000

James Jones
Managing Director of Hildebrandt International
Chairman of the Hildebrandt Institute

Mr. Jones is Chairman of the Hildebrandt Institute and Managing Director of Hildebrandt International. He joined the company after more than 30 years as a law firm leader, a practicing lawyer and a general counsel. Mr. Jones is a frequent speaker and author on topics relating to ancillary businesses, globalization, ethics, strategy and partnership issues.

He is the author of Beyond Legal Practice: Organizing and Managing Ancillary Businesses, published by the Hildebrandt Institute, and is based in Hildebrandt International’s Washington, DC office.  Prior to joining Hildebrandt International, Mr. Jones was the Co-founder, President and Chief Legal Officer of Flywheel, Inc., a company that provided secure Internet-based technology to law firms and corporate legal departments. From 1986-1995, he also served as Managing Partner of Arnold & Porter, which he helped grow from a local Washington, DC firm to one with a major national presence. From 1995-2000, Mr. Jones was Vice Chairman and General Counsel of APCO Worldwide, a global public affairs and government relations firm, initially started as a subsidiary of Arnold & Porter. More Information.

B.A., Trinity University, 1967
J.D., New York University School of Law, 1970

Peter J. Kalis
Chairman and Global Managing Partner
K&L Gates, LLP

Mr. Kalis is Chairman and Global Managing Partner of K&L Gates. He is a former Rhodes Scholar, editor-in-chief of the Yale Law Journal, and clerk to the late J. Skelly Wright, Chief Judge of the US Court of Appeals for the District of Columbia Circuit, and for the late Associate Justice Byron R. White of the US Supreme Court. Mr. Kalis is a member of the American Law Institute. He has served on Task Forces of the American Bar Association, and routinely addresses professional congregations on both practice and law firm leadership topics. He served as the ABA’s National Law Day Chair and served ex officio on the ABA’s Commission on Civic Education and Separation of Powers and the Standing Committee on Public Education. Mr. Kalis has been named to the Project for Attorney Retention (PAR) Advisory Council, the work/life integration initiative of the Center for WorkLife Law at UC Hastings College.

Mr. Kalis has published over 50 articles in professional journals and in academic law reviews on a variety of subjects, and he is an author of Policyholder’s Guide to the Law of Insurance Coverage (with T. Reiter & J. Segerdahl) (Aspen Law & Business: 850 pp., 1997), an editor of Tobacco Litigation and Insurance (American Bar Association: 387 pp., 1997), and served as the Editor-in-Chief of the Journal of Insurance Coverage (a quarterly publication of Aspen Law & Business published from 1998-2002). The Lawyer recently named Mr. Kalis as among the ten individuals in the global profession who will shape the international market for legal services in the next decade. He has been selected by his peers for inclusion in The World’s Leading Insurance and Reinsurance Lawyers, The Best Lawyers in America, and Law Dragon Magazine’s "500 Leading Lawyers in America" and "500 Leading Litigators in America." Mr. Kalis has also been included in Euromoney’s Legal Media Group Expert Guides—Best of the Best, in which his peers have identified him as one of the top 30 insurance and reinsurance lawyers in the world, only 11 of whom are resident in the United States. More Information

B.A., West Virginia University, 1972
D.Phil., Oxford University, 1976
J.D., Yale Law School, 1978

Andrew L. Kaufman
Charles Stebbins Fairchild Professor of Law
Vice-Dean for Academic Programming

Harvard Law School

Professor Kaufman is currently the Charles Stebbins Fairchild Professor of Law and Vice Dean for Academic Programming. Prior to joining the faculty at Harvard Law School, Professor Kaufman practiced law as a partner in the firm of Kaufman, Kaufman & Kaufman. He teaches in the fields of the legal profession, judicial ethics, constitutional law, and commercial law. He has published, lectured and consulted on a variety of subjects in the legal profession field and is the co-author (with David Wilkins) of Problems in Professional Responsibility (4th ed. 2002; 5th ed. forthcoming). His biography of Supreme Court Justice Benjamin N. Cardozo was published by Harvard University Press in 1998.

Professor Kaufman is chair of the Massachusetts Bar Association Committee on Professional Ethics and a member of the Massachusetts Supreme Judicial Court Standing Committee on the Rules of Professional Conduct. In 2000, Professor Kaufman was awarded the American Bar Association’s Michael B. Franck Award for Outstanding Contribution to the Field of Professional Responsibility. More Information.

A.B., Harvard University, 1951
L.L.B., Harvard Law School, 1954

C. Raj Kumar
Professor & CEO
O.P. Jindal Global University and Jindal Global Law School

Professor C. Raj Kumar is currently on leave from the School of Law of City University of Hong Kong and is spearheading the initiative to establish India’s first global law school known as the Jindal Global Law School (JGLS) (www.jgls.org) as a part of the proposed O.P. Jindal Global University to be located outside New Delhi (Sonipat, Haryana) and less than an hour from the Supreme Court of India in the heart of New Delhi. He was a Rhodes Scholar at the University of Oxford, UK, where he obtained his Bachelor of Civil Law (B.C.L.) degree; a Landon Gammon Fellow at the Harvard Law School, USA, where he obtained his Master of Laws (LL.M.) degree and a James Souverine Gallo Memorial Scholar at the Harvard University. He also obtained a Bachelor of Laws (LL.B.) degree from the University of Delhi, India; and a Bachelor of Commerce (B.Com.) degree from the Loyola College of the University of Madras, India.  Professor Kumar has held consultancy assignments in the field of human rights and governance. He is Consultant to the National Human Rights Commission in India. He has been a Consultant to the United Nations University (UNU), Tokyo; United Nations Development Programme (UNDP); and the International Council for Human Rights Policy (ICHRP), Geneva. He has advised the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) in Sri Lanka and the National Human Rights Commission (NHRC) in India on issues relating to corruption and good governance.

Professor Kumar’s areas of specialization, include, human rights and development, corruption and governance, law and disaster management, comparative constitutional law and legal education. He has more than hundred publications to his credit and has published widely in journals and law reviews in Australia, Hong Kong, India, Japan and USA. His three co-edited books are Human Rights and Development: Law, Policy and Governance (2006) published by LexisNexis, Butterworths; Tsunami and Disaster Management: Law and Governance (2006) published by Sweet & Maxwell Thomson; and Human Rights, Justice and Constitutional Empowerment (2007) published by the Oxford University Press (OUP). More Information

B.Com., Loyola College of the University of Madras, 1994
LL.B., Faculty of Law, University of Delhi, 1997
B.C.L., University of Oxford,1999
LL.M., Harvard Law School, 2000

Ashish Nanda
Robert Braucher Professor of Practice
Faculty Chair, Executive Education
Research Director, Program on the Legal Profession
Harvard Law School

Professor Nanda is the Research Director at the Program on the Legal Profession and a Professor of Practice at Harvard Law School. He has advised law, accounting, investment banking, management consulting, advertising, and executive search firms. His law firm clients include global law firms, AmLaw 20 law firms, Magic Circle firms, focused firms, regional firms, and international law firms outside the US and UK. His work with these firms has spanned strategic planning, review of specific organizational practices and systems, leadership programs, and personal coaching. Before coming to Harvard, he was an executive with the Tata group of companies in India.

Professor Nanda is the Faculty Director of Harvard Law School’s Executive Education courses. As the Program’s Research Director, he also plays a leading role in the Program’s Corporate Purchasing Project, which is a quantitative and qualitative analysis of how corporations procure legal services. Dr. Nanda also teaches a course entitled Professional Services in the JD curriculum at Harvard Law School. A recipient the Henry B. Arthur Fellowship and the Center in Ethics and the Professions Fellowship, he has published numerous case studies and Harvard Business Review articles and is a co-author (with Tom DeLong) of Professional Services: Cases & Text. Professor Nanda has produced over 50 case studies, the most recent of which was entitled Linklaters (A): Seeking Clear Blue Water (July 2007). More Information

Bachelor of Technology, India Institute of Technology, 1981
Post-Graduate Diploma, Indian Institute of Management, 1983
M.A., Harvard University, 1993
Ph.D., Harvard University, 1993

David L. Nersessian
Executive Director, Program on the Legal Profession
Harvard Law School

Dr. David Nersessian is the Executive Director of the Harvard Law School Program on the Legal Profession. His research concentrates on three dynamic aspects of the legal profession: the impact of globalization, lawyers and other professionals as human capital (including the recruitment, training, and management of talent in law firms and other environments), and the judiciary. He is a co-principal investigator on the Harvard Law School Career Study, which involves a detailed survey of the career trajectories, work opportunities, and life choices of nearly 3,000 HLS graduates. Other current projects include research on the recruiting and retention of lawyers with disabilities, a comparative analysis of decisions from the US Supreme Court and various international tribunals, and a paper on the entry of foreign law firms into the market for legal services in India.

Dr. Nersessian has been an adjunct faculty member at Boston University School of Law since 2003, where he now teaches a seminar entitled Globalization of the Legal Profession. Prior to his doctoral work, Dr. Nersessian practiced for many years as a litigation attorney with several large firms, representing clients in complex business disputes throughout the United States. From 2005-06, he was a Supreme Court Fellow at the United States Supreme Court, where he worked for the Chief Justice’s chief of staff. In addition to his work on lawyers, Dr. Nersessian writes and speaks extensively on international criminal law and genocide and in the fields of public international law and human rights. His book Rethinking Genocide is forthcoming from Cameron May Press in early 2009. He also teaches international law subjects at judicial education programs and is authoring a reference manual for the federal judiciary on human rights litigation.

B.S., Boston University School of Management, 1992
J.D., Boston University School of Law, 1995
M. St. (LL.M.), Oxford University, 2000
D. Phil. (Ph.D.), Oxford University, 2005

Todd Nissen
Director, Services Trade Negotiations
Office of the United States Trade Representati

Todd Nissen is a director in the Services and Investment office of The Office of the Unites States Trade Representative (USTR). Mr. Nissen leads sectoral negotiations for the United States in professional services and audiovisual services in the WTO’s Doha Round and with countries acceding to the WTO. He is also the services negotiator for the Malaysia FTA, and works on other bilateral initiatives with China, India, Australia, and other trade partners, as well as multilateral efforts in the OECD and APEC. Before joining USTR in 2006, he worked in the Office of Multilateral Trade Affairs at the U.S. State Department as a Diplomacy Fellow for the American Association for the Advancement of Science.

Mr. Nissen graduated from Haverford College, and received his M.S. and Ph.D. in agronomy from the University of Georgia. He lives in Washington D.C. with his wife Françoise Thibaud-Nissen and two children.

B.A., Haverford College, 1984
M.S., University of Georgia, 1994
Ph.D., University of Georgia, 1998

Catherine A. Rogers
Professor of Law
Penn State University, Dickinson School of Law

Professor Rogers holds a joint appointment as a professor of law at Penn State University, Dickinson School of Law in Pennsylvania, and Università Commerciale Luigi Bocconi in Milan, Italy. Professor Rogers’ scholarship focuses on the convergence of the public and private in international dispute resolution, specifically as manifest in the professional obligations of the various participants in those processes, and other issues regarding system design in international arbitration. She has published numerous works on international arbitration and international dispute resolution, including with Oxford University Press, Juris Publishing, and several national and foreign law reviews. She has been an invited speaker at dozens of national and international conferences, symposia, and forums, including two Stanford-Yale Junior Faculty forums.

Professor Rogers is an Associate Reporter for the American Law Institute’s Restatement of the Law of International Commercial Arbitration and the recipient of the CPR Professional Article Award.  She was a member of the American Society of International Law Task Force on Global Legal Ethics, and is a member of the Academic Council of the Institute for Transnational Arbitration, and the International Bar Association Task Force on Attorney Ethics in International Arbitration. Professor Rogers is currently working to develop the Arbitrator Information Resource, an online informational database to improve and equalize the process for selecting international arbitrators. More Information.

B.A., University of California Berkeley, 1991
J.D., University of California Hastings College of the Law, 1994
L.L.M., Yale University Law School, 2000

Carole Silver
Visiting Professor of Law
Executive Director, Center for the Study of the Legal Profession
Georgetown University Law Center

Carole Silver is a Visiting Professor of Law and Executive Director of the Center for the Study of the Legal Profession at Georgetown University Law Center. Her teaching includes courses on globalization and the legal profession, corporations, securities regulation, international securities regulation and comparative corporate governance, and conflicts of law. Professor Silver is Co- Chair of the Transnational Legal Practice Committee of the ABA Section of International Law & Practice and an Advisor to the ABA Task Force on International Trade in Legal Services. She is a summa cum laude graduate of Indiana University School of Law (Bloomington), and earned her BA at the University of Michigan.

Professor Silver has published numerous articles on the legal profession, particularly on the relationship of globalization to the profession. She is conducting the first large-scale study of the role of the US LLM in the career development of international law graduates, and is the author of “Local Matters: Internationalizing Strategies for U.S. Law Firms,” 14 Indiana University Journal of Global Legal Studies 67 (2007), and the co-author with Mary Daly of “Flattening the World of Legal Services? The Ethical and Liability Minefields of Offshoring Legal Services,” 38 Georgetown Journal of International Law 401 (2007), among other work. More Information.

B.A., University of Michigan, 1977
J.D., Indiana University School of Law (Bloomington), 1980

Honorable Richard G. Stearns
United States District Judge
District of Massachusetts

Richard G. Stearns was nominated to a seat on the United States District Court for Massachusetts by President William J. Clinton. He joined the Court in 1994 after his confirmation by the U.S. Senate. Prior to becoming a District Judge, he served as Associate Justice of the Superior Court of Massachusetts, Assistant United States Attorney, and Assistant District Attorney for Norfolk County. Judge Stearns is presently a member of the U.S. Judicial Conference Committee on Space and Facilities and the Committee on Judicial Security. He has previously served on the Federal-State Jurisdiction Committee, the Mass Torts Working Group, and the First Circuit Judicial Council. He serves as a Multi-District Litigation Panel Transferee Judge and sits by designation on various Courts of Appeals.

Apart from his judicial duties, Judge Stearns serves as a rule of law advisor to the U.S. Department of Defense, the U.S. Department of State, and the North Atlantic Treaty Organization. He lectures frequently on issues involving the rule of law, nuclear proliferation, and counter-terrorism in the U.S., Southern Europe, and Central Asia. He is a Trustee of Vincent Memorial (Massachusetts General) Hospital in Boston, where he serves as Chair of the Committee on Science and Research for the Vincent Center for Reproductive Biology.  His recent publications include “An Appropriate Legal Framework for Dealing with Modern Terrorism and Weapons of Mass Destruction,” Steve Tsang, ed., Intelligence and Human Rights in the Era of Global Terrorism (Westport, CT: Praeger, Oxford University Press 2007). “Defining, Detaining, Interrogating, and Trying Terrorism Suspects: The Rise and Implications of a Security State,” St. Antony’s College, Oxford (presented March 2008, publication forthcoming).Massachusetts Criminal Law: A Prosecutor’s Guide (Dedham, MA: MPG Publishing, 28th ed. 2008).

B.A., Stanford University, 1968
M.Litt., Oxford University, 1971
J.D., Harvard Law School, 1976

Laurel S. Terry
Harvey A. Feldman Distinguished Faculty Scholar and Professor of Law
The Dickinson School of Law, Pennsylvania State University

Professor Terry is internationally known for her expertise in the field of legal ethics and the international and inter-jurisdictional regulation of the legal profession and maintains an active personal webpage with global legal practice resources. Recently, Professor Terry has been participating in, and researching and writing about, issues related to the application of the World Trade Organization’s GATS agreement to legal services, the application of EU competition policy to legal services, and the effect of the Bologna Process on legal education. Professor Terry serves on the International Bar Association’s World Trade Organization Working Group and has made presentations to the WTO and United Nations on the IBA’s behalf. She also provides the content for the ABA GATS-Legal Services webpage, is a special advisor to the ABA Task Force on International Trade in Legal Services, is vice-chair of the Transnational Legal Practice Committee of the American Bar Association’s Section of International Law, and is a consultant to the Conference of Chief Justices’ International Agreements Committee.

In the past, Professor Terry served as a consultant to the American Bar Association (ABA) committee that drafted the cross-border legal practice agreement between the ABA and the Brussels bars, served as an ABA observer at the 1998 Paris Forum on Transnational Practice for the Legal Profession, and submitted materials and comments to the ABA Commission on Multidisciplinary Practice and Commission on Multijurisdictional Practice, both of which cited her submissions in their reports. She has published extensively in law journals, including the Georgetown Journal of Legal Ethics, the Minnesota Law Review, the Vanderbilt Journal of Transnational Law, and the Washington University Global Legal Studies Law Review. Professor Terry teaches Professional Responsibility, Civil Procedure and a seminar on Cross-Border Legal Practice. More Information.

BA, University of California San Diego, 1977
JD, UCLA School of Law, 1980

Detlev Vagts
Bemis Professor of International Law, Emeritus
Harvard Law School

Professor Vagts held the position of Bemis Professor of International Law at Harvard Law School from 1984 until his retirement in 2005. Professor Vagts joined Harvard Law School as Assistant Professor in 1959 and earned tenure in 1962. Prior to joining the faculty, he served as a JAG officer with the United States Air Force and was an associate for Cahill, Gordon, Reindel & Ohl. Professor Vagts served as Counsellor on International Law for the U.S. Department of State (1976-1977), Associate Reporter for the Foreign Relations Law of the United States (1979 – 1987), and Acting Director of the International Tax Program (1998 – 2000). Professor Vagts is a former director of the American Foreign Law Association and the Former Vice Chairman of the State Department Advisory Committee on Transnational Enterprises. In 1992, Professor Vagts was the recipient of a Max Planck Research Award. In 1993, Professor Vagts was elected Co-Editor-in-Chief of the American Journal of International Law. At Harvard Law School, his teaching has included Transnational Legal Problems and Legal Profession: Transnational Practice. Additionally, he has lectured at the Hague Academy of International Law and served as a member of the faculty at the Harvard Business School.

On the subject of professional behavior and international litigation, Professor Vagts is the author of the highly influential article "The International Legal Profession: A Need for More Governance?" (American Journal of International Law, 1996). The Fourth Edition of his book Transnational Business Problems was released in 2008. His Transnational Legal Problems has, likewise, gone through four editions and his Basic Corporation Law has been released in three editions. Professor Vagts served as General Editor of the XIII volume of the International Encyclopedia of Comparative Law. He has held memberships with the American Society of International Law, the International Law Association, and American Bar Association (Section of International Law). The son of an American mother and a father who fled Nazi Germany, Professor Vagts is a champion for the rule of international law. More Information.

A.B., Harvard College, 1948
LL.B., Harvard Law School, 1951

David B. Wilkins
Kirkland & Ellis Professor of Law
Faculty Director, Program on the Legal Profession
Harvard Law School

Professor David Wilkins is the Kirkland & Ellis Professor of Law at Harvard Law School and Faculty Director of the Center on Lawyers and the Professional Services Industry. He is also a Visiting Senior Research Fellow of the American Bar Foundation and a Faculty Associate of the Harvard University Edmond J. Safra Foundation Center for Ethics. Professor Wilkins has published over 50 articles on the legal profession in leading scholarly journals and the popular press. He co-authored (with HLS colleague Andrew Kaufman) one of the leading casebooks in the field. His current scholarly projects on the profession include the After the JD study and the Center’s Corporate Purchasing Project. He also instructs at the Center’s Executive Education courses. His other research projects include empirical research on the development of “ethical infrastructure” in large law firms based on a series of focus groups with leading practitioners and regulators and over 200 in-depth interviews conducted in connection with a forthcoming book on the development of the black corporate bar, which will be published by Oxford University Press.

Professor Wilkins teaches several courses on lawyers and other related professionals, including the country’s only four credit course on the Legal Profession. He also teaches a seminar on The Future(s) of the Large Law Firm, as well as an introductory lecture for all first year students on the legal profession and careers. He is also heavily involved in curricular reform at HLS and the creation of a new course for first-year students entitled Problem Solving. Professor Wilkins is a frequent speaker at academic conferences, law firms, other professional service providers, and bar organizations, both within the United States and around the world. He is the Order of the Coif Distinguished visitor for 2008 and is a member of Harvard University’s Task Force on Professional Schools. More Information

B.A., Harvard College, 1977
J.D., Harvard Law School, 1980

Conference Materials

Stephen Denyer. Globalization of the Legal Profession. View Presentation

James Jones. Perspectives on the Global Law Firm. View Presentation

Peter Kalis. Global Changes to the Legal Profession. View Presentation

David Nersessian. Overview of the Professional Services Industry and the Legal Profession. Read Paper

Catherine Rogers. The Global Advocate. Read Paper

Carole Silver. Global Innovation and the Shifting Regulatory Environment - International Frameworks. View Presentation

Hon. Richard G. Stearns. An Appropriate Legal Framework for Dealing with Modern Terrorism and Weapons of Mass Destruction, in INTELLIGENCE AND HUMAN RIGHTS IN THE ERA OF GLOBAL TERRORISM (Steve Tsang, ed., Westport: Praeger, Oxford University Press 2007). Read Paper

Hon. Richard G. Stearns. Defining, Detaining, Interrogating, and Trying Terrorist Suspects: The Rise and Implications of a Security State. Oxford University. Read Paper

Laurel Terry. Developments Beyond the GATS. View Presentation

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