Symposium 2009
University of Miami International & Comparative Law Review's 2009 Symposium: A Series of Perspectives On Emerging Issues in Chinese Law
General Information: On March 28, 2009, the University of Miami’s International and Comparative Law Review will be hosting a symposium on emerging issues in Chinese Law. The live speaker series will feature several speakers discussing Chinese media regulation and Chinese Intellectual Property Law, as well as other speakers addressing important issues in Chinese law. The Symposium will be held at the University of Miami School of Law in Room E-352. A free catered lunch from Sergio's Restaurant will be provided in the Student Lounge. There is no charge for attendance to the Symposium. Please RSVP to UMICLR@gmail.com.
Event Schedule:
March 28, 2009; University of Miami School of Law, Room E-352
10:15 – 10:30 Editor-In-Chief Address
10:30 – 11:00 Professor Stephen Everhart
11:00 – 11:30 Professor Wei Lou
11:30 – 12:00 Julia Yarbough
12:00 – 1:00 Free Lunch: Catered Buffet from Sergio’s Restaurant (in Student Lounge)
1:00 – 1:30 Stephen M. Gaffigan, Esq.
1:30 – 2:00 Vincent Li, Esq.
2:00 – 2:30 Brant Hadaway, Esq.
Outline of Topics Addressed:
Is China about to Collapse: A Response to the 2001 Book “The Coming Collapse of China” by Gordon G. Chang. Professor Stephen Everhart will critically analyze the 2001 book, “The Coming Collapse of China,” by Gordon G. Chang. Applying his expertise in Chinese law, Professor Everhart’s discussion will assess the merits of Chang’s book.
Chinese Media Regulation During the Summer 2008 Olympics. Julia Yarbough, an Emmy award winning NBC news anchor, will offer the audience an insider’s perspective of Chinese media regulation, discussing her experiences as a journalist at the 2008 Summer Olympics in Beijing, China.
Chinese Government Structure, Judicial System, and Sources of Law. Professor Wei Luo will provide information integral to this Symposium, offering his assessment of the Chinese legal system. His presentation will describe some of the similarities and differences between the U.S. and Chinese legal systems, government structures and sources of law.
The Dangers of Doing Business in China: Chinese Intellectual Property Laws & Enforcement. Stephen M. Gaffigan, a prominent international law attorney who specializes in Chinese Intellectual Property Law, will discuss the intricacies and difficulties involved with intellectual property in China.
Recent Chinese Court Decisions Addressing “Original Equipment Manufacturer” (OEM) Transactions. Vincent Li, a distinguished international law attorney, will review and analyze recent decisions from the Chinese courts. He will cover the current status of the law in this area through his professional perspective.
How to Protect Trademark & Trade Secrets: Discussion of a Complex Pending Case. Accomplished attorney Brant Hadaway will discuss the various problems and strategies of defending trademarks and trade secrets in the context of a pending case. The case involves a China manufacturer selling goods to a third-party, in violation of its confidentiality and non-disclosure agreement with a Florida company.
Speaker Bios:
Professor Stephen Everhart: Stetson University College of Law Professor and 2004-2005 US-China Fulbright Lecturer Stephen M. Everhart teaches and lectures in China and the US in the areas of evidence, clinical legal education, civil/criminal/arbitration advocacy, legal/judicial ethics, and comparative US/China law and practice. As a Fulbright Professor, he spent the 2004-2005 academic year in China and lectured to and/or trained Chinese law students, academics, judges, lawyers, officials of the procuratorate, and/or government leaders at all of the top law schools in China in Beijing, Shanghai, Hong Kong, Macau, Shenzhen, Wuhan, Chengdu, Xiamen, Shantou, and Hainan. Professor Everhart helped Stetson become the number one law school in the United States in the teaching of trial advocacy. He has run Stetson's civil and criminal legal practice clinics, is a published author, and he is the recipient of Stetson's Homer and Dolly Hand Prize for outstanding faculty scholarship. He has also taught at Temple Law School in Philadelphia in the Tsinghua-Temple China LLM program where he taught lawyers, judges, police officers, law professors, and prosecutors from the Peoples Republic of China (P.R.C.) and he has also trained English Barristers. Professor Everhart is a former prosecutor and criminal defense lawyer (where he handled death penalty cases) and he practiced law in his own firm, Blews & Everhart, with Bill Blews, the former President of The Florida Bar and the Academy of Florida Trial Lawyers, in a high stakes Plaintiff's trial firm handling medical malpractice, products liability, and other high end litigation. He was also appointed by the Governor of the State of Florida to the Bench as a Judge of Industrial Claims where he presided over the administrative dispute resolution of worker's compensation cases. He is also the former chair of the Criminal Law Section and the Criminal Procedure Rules Committee of the Florida Bar (a committee that works directly with the Florida Supreme Court in Rule making proceedings), and he regularly trains practicing prosecutors and public defenders for the Florida Bar. He is a member of the Tampa Bay Chinese Chamber of Commerce and he is a founding member of the Tampa Bay Asian-American Bar Association. He has a degree in Asian Studies, been trained in Buddhist Monasterys and as a Martial Artist, and is married to Hanling, a Chinese educator/business-woman, from Wuhan City, Hubei Province, P.R.C.
Julia Yarbough: An Emmy Award Winning journalist, Julia Yarbough currently co-anchors the NBC 6 Evening News and South Florida Tonight at 11 p.m. Julia has reported in Los Angeles (CA), Santa Barbara (CA), Pensacola (FL), and Louisville (KY). Julia holds a Bachelor of Arts degree in Economics from the University of California at Santa Barbara, and also studied at Richmond College in London, England. She is the recipient of an N.A.T.A.S. Emmy for the 2005 production of “South Florida 's Living Legacy.” Julia's other journalism awards include the 2001 “Sunshine State Award” from the Society of Professional Journalists for “Special Places,” a look at the inclusion of minorities in the National Park System and "Rails to Trails," an overview of the overseas heritage trail in the Florida Keys. Julia is also a contributing writer to “South Florida Adventures Magazine,” and has recently joined the team of writers with “South Florida Times.” During her career, Julia has had the opportunity to cover a number of major stories and events, most recently traveling to Beijing, China for the 2008 Summer Olympics.
Professor Wei Luo: Wei Luo earned his B.A. in 1984 from Xiamen University, Xiamen, China; his J.D. in 1991 from Northwestern School of Law of Lewis and Clark College, Portland, Oregon; his M.L.S. with the Certificate of Law Librarianship in 1993 from the University of Washington. He currently is a Lecturer in Law and the Director of Technical Services at Washington University School of Law in St. Louis. As Director of Technical Services, Wei Luo oversees the operations of the Technical Services Division of the Law Library (Acquisitions, Cataloging, and Serials) and participates in collection development for the Library. Wei is also one of a team of reference librarians who provide reference assistance to faculty, students and other patrons of the Law Library. Prior to joining the Law Library, Wei served as Assistant Professor and Assistant Technical Services Librarian at the Southern Illinois University School of Law Library. Wei also was an Instructor at Xiamen University Law School. Professor Luo created and maintains the “Internet Chinese Legal Research Center,” which provide links to Chinese (Mainland China, Taiwan and Hong Kong) legal resources on the Internet, legal research guides and other information related to Chinese legal research. He also teaches Legal Research for Introduction to U.S. Laws and Methods.
Professor Luo's publications include Chinese Law and Legal Research (Buffalo , New York : William S. Hein & Co., 2005), Law Codification Study (Falu Bianzuan Yanjiu,( Beijing : Legal System Press, 2005, with Qing Feng, etc., in Chinese); Competition Law in China (Buffalo , New York : William S. Hein & Co., 2002); The 1996 Amended Criminal Procedure Law of the People’s Republic of China: with English Translation, Introduction and Annotation (Buffalo , New York : William S. Hein & Co., 2000), The 1997 Criminal Code of the People's Republic of China: with English Translation and Introduction (Buffalo, New York : William S. Hein & Co., Inc. 1998); A Pathfinder to U.S. Export Control Laws and Regulations (Buffalo, New York: William S. Hein & Co., Inc. 1994); and International Trade Law (with Nin Fu, Xiamen: Lujiang Press, 1988). He is also the author of several articles in legal periodicals and other legal publications.
Professor Luo’s professional affiliations include the following: Professional Affiliations: American Association of Law Libraries [Asian Law Working Group(Chair); Asian American Law Librarian Caucus (Vice President and President Elect, 1998-1999); Foreign Legal Periodicals Index Committee; Mid-American Association of Law Libraries; MAALL Internet Cataloging Consortium Project.
Since 2000, Professor Luo has received several grants from the US-China Legal Cooperation Fund and worked with the Legislative Affairs Office of China's State Council, the Law Schools of Peking University and Tsinghua University, the National Library of China, and other Chinese legal institutions on the projects of codification, legal citation standards, and government information publishing to promote the transparency of Chinese government and legal information.
Stephen M. Gaffigan, Esq.: Stephen M. Gaffigan, of Stephen M. Gaffigan, P.A., is an attorney who runs a law firm located in Fort Lauderdale, FL. His practice concentrates on international law. He represents high-profile clients such as Chanel, and advises directly on Chinese intellectual property law.
Vincent Li, Esq.: Fluent in English, Mandarin and Shanghainese, Mr. Lee has deep experience in international trade, business and law in both the U.S. and China. In Shanghai, he advised multinational clients on Chinese laws and business organization, foreign investment, real-estate development, foreign-currency regulation, labor and employment, import and export, and white-collar crime. He represented clients in negotiations involving technology licensing, land-use rights-transfer, corporate sponsorships and commercial litigation. In California, he worked extensively with Chinese government officials, corporate executives, university personnel and medical professionals in transnational educational ventures. He has been educated both at Chinese and U.S. universities. Mr. LEe is adept at research, drafting, translation and communication across languages and cultures. He graduated cum laude from the University of Illinois College of Law.
Before joining Diaz, Reus & Targ, LLP, Mr. Li was a judicial law clerk to Florida Supreme Court Justice Kenneth B. Bell, he served in chambers of Illinois Supreme Court Justice Lloyd Karmeier, and was a Lincoln Scholarship recipient at the University of Illinois College of Law.
Brant Hadaway, Esq.: An international law attorney from Diaz, Reus & Targ, LLP, Brant Hadaway focuses on international and domestic commercial litigation and arbitration, deceptive trade practices, insurance coverage and maritime law. He also advises numerous clients on anti-trust and consumer-protection law compliance. He is a Certified Anti-Money Laundering Specialist, and is Fluent in Czech. Prior to joining Diaz, Reus & Targ, LLP, Mr. Hadaway worked in film and television in Los Angeles and Europe, and was cited for excellence in oral advocacy while at the University of Miami School of Law, winning a national Burton Award for Legal Achievement (http://www.burtonawards.com/). Mr. Hadaway has published "Executive Privateers: A Discussion on Why the Civil Asset Forfeiture Reform Act Will Not Significantly Reform the Practice of Forfeiture," 55 U. Miami L. Rev. 81 (2000), available online at http://www.fear.org/hadaway.html, which has been cited in numerous articles and seminars on forfeiture and money-laundering. He also earned a nomination for Most Effective Lawyers: Award in International Law. Additionally, he was a named finalists in the Daily Business Review's yearly Most Effective Lawyer's Award in the area of international law for his victory for the Honduran National Soccer Federation in a highly contested international arbitration. His practice areas include Complex Commercial Disputes, Creditors’ Rights, Asset Collections and Liquidation Proceedings, Financial Services, OFAC (Office of Foreign Assets and Control) Bank Secrecy Laws and Money-Laundering Compliance and Litigation, & International Litigation and Arbitration. He earned a B.S. in Criminology from Florida State University in 1985, an M.F.A. in Motion Picture Production from the University of Southern California in 1989, and a J.D. from the University of Miami School of Law in 2001. He is admitted to practice law in Florida, the United States District Courts for the Southern and Middle Districts of Florida, the Eleventh Circuit Court of Appeals, and the United States Supreme Court. Mr. Hadaway is a member of the Miami-Dade County Bar Association.
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