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Moderator: Alexander B. Kasdan, Senior Managing Director, DelMorgan & Co.
Panel:
• Mark S. McNeill, Partner, International Arbitration Group, Shearman & Sterling LLP
• Robert T. Biskup. Managing Director, Regulatory, Forensics & Compliance, Deloitte
Advisory
• William F. Capps, Partner and Chairman of Corporate Department, Jeffer Mangels
Butler & Mitchell LLP
© Copyright 2017 Expert Webcast – All Rights Reserved
STRATEGIC SOLUTIONS TO CROSS-BORDER
BUSINESS DISPUTES
July 13, 2017
1
Expert Webcast is a sophisticated source of expertise for the
professional and the business communities locally, nationally and
cross-border.
Producing the industry’s leading webcast panels covering corporate,
M&A, restructuring and finance topics, Expert Webcast features
foremost experts in law accounting and finance, and addresses timely
and relevant issues faced by general counsel, C-level executives,
boards of directors, business owners and their advisors, as well as
institutional investors.
We welcome you to join our upcoming video webcasts or visit our on-
demand library to access recorded programs: www.expertwebcast.com.
2
MODERATOR: Alexander B. Kasdan, Senior Managing Director,
DelMorgan & Co., brings more than twenty years of senior-level Wall Street
advice to middle market companies, entrepreneurs and institutional investors.
He has extensive experience in investment banking, corporate law and
restructuring at world’s leading firms, including Credit Suisse First Boston,
O’Sullivan Graev & Karabell LLP (now O'Melveny & Myers LLP), Battle
Fowler LLP (now Paul Hastings LLP) and Schlumberger Ltd., and as a
founding partner of Convergence Capital Partners. Alex has worked on more
than 100 domestic and cross-border transactions in North America, Europe and
Africa.
Alex is a Senior Advisor to Governance and Transactions LLC, an advisory firm
established in 2003 by Mr. James L. Gunderson, former Secretary and General
Counsel of Schlumberger Limited, to assist boards, management and owners
with corporate governance, compliance, structuring and strategic transactions.
Alex is a frequent moderator and an interviewer at Expert Webcast roundtable
discussions attracting business leaders and leading professionals from around
the world.
Alex graduated magna cum laude from Middlebury College with a B.A. degree
in Economics and Italian and was elected to Phi Beta Kappa during his junior
year. In addition, he holds a J.D. degree from Columbia University Law School
and has studied at the University of Florence in Italy.
100 Wilshire Blvd.
Suite 750
Santa Monica, CA 90401
+1 310 980 1718 mobile
+1 310 935 3826 office
ak@delmorganco.com
www.delmorganco.com
3
Panelist: Mark S. McNeill is a partner in Shearman & Sterling’s
International Arbitration Group. He has fifteen years of experience
representing companies and States in international arbitrations, both ad hoc
and institutional, with a focus on international investment, construction,
business combinations, intellectual property and technology cases. He has
handled disputes in the pharmaceutical, chemical, aviation, nuclear
construction, energy, mining and reinsurance industries.
Before joining Shearman & Sterling’s international arbitration team in January
2007, Mark McNeill was an Attorney-Adviser in the Office of the Legal
Adviser of the U.S. Department of State, where he represented the United
States in investor-State arbitrations under the investment chapter of the North
American Free Trade Agreement (NAFTA). Prior to that, he was an
international arbitration associate in Shearman & Sterling’s New York office.
Chambers Global notes that Mark McNeill "receives consistently positive
market feedback". In particular, clients have praised his pleading skills, stating
that he is "very sharp", “uses just the right tone and words” and is “very
talented.”
Mark holds a J.D. from New York University School of Law, an M.A. from
The Johns Hopkins University, School of Advanced International Studies, and
a B.A. from Colgate University.
9 Appold Street
London EC2A 2AP
T: +44 20 7655 5758
F: +44 20 7655 5500
mark.mcneill@shearman.com
www.shearman.com
4
Panelist: Robert T. Biskup is a Managing Director, Regulatory, Forensics & Compliance with
Deloitte Advisory. Rob has over 30 years of experience in the corporate sector and private professional
settings. He is among the leaders of Deloitte’s national Regulatory Compliance practice, and also serves
as a regional leader of the Forensic Accounting, Corporate Investigations, and Foreign Corrupt Practices
Act (FCPA) practice areas. He also serves as the National Automotive Sector Leader for Deloitte’s global
Financial Advisory Services practice.
Rob is the former global head of compliance at Ford Motor Company, and also served as the company’s
assistant general counsel and assistant secretary. As Ford’s chief compliance officer, he was responsible
for global compliance program design and implementation at the parent company, as well as Ford Credit,
Mazda, Volvo, Jaguar, Land Rover, Aston-Martin, Hertz, and operations in 44 countries worldwide. Rob
also served as Assistant General Counsel and Assistant Secretary at Ford, and as Ford’s chief regulatory
counsel during numerous high profile safety recalls, including the Ford/Firestone tire crisis, Crown
Victoria police car post-collision fires, and hundreds of other product regulatory matters. With his vast
international experience, Rob brings a unique dimension to Deloitte’s compliance capabilities, and deep
experience in implementing and assessing the effectiveness of compliance programs in complex
organizations.
Rob has worked with companies in all aspects of compliance program design and implementation,
including board governance and management oversight, policies and procedures, risk identification and
assessment, training and education, auditing, monitoring, reporting and metrics, whistleblower programs,
internal investigations, antifraud and anticorruption controls, and communications, and cultural change
management.
Rob also has extensive experience handling sensitive regulatory matters and internal investigations on
behalf of management and boards of directors. He has handled investigations and due diligence reviews
in high-risk countries around the world. He has worked with corporate audit committees, Special
Investigation Committees, Nominating & Governance, Finance, and Executive Compensation
committees. Prior to Deloitte and Ford, Rob practiced law with the international law firm of Sidley
Austin LLP.
200 Renaissance Center
Suite 3900
Detroit, Michigan 48243
USA
Tel/Direct: +1 313 396 3310
Mobile: +1 313 212 2058
rbiskup@deloitte.com |
www.deloitte.com
5
Panelist: William F. Capps is a Partner and the Chairman of the
Corporate Department at Jeffer Mangels Butler & Mitchell LLP.
Bill represents some of the Firm's higher visibility corporate and
banking clients in many business matters, with particular emphasis on
securities matters (including mergers and acquisitions and
representation of Special Committees), international matters, real estate
and building materials companies, corporate finance, franchising,
executive compensation planning, litigation management and health
care transactions. His experience includes serving substantial corporate
clients in all business matters.
Bill’s Representative Experience includes
• Representation of Fortune 500 companies in all aspects of
international transactions
• Representation of building materials industry
• Representation of significant families in Southern California in
business and personal planning including succession planning
• Strategic litigation management for major disputes
Bill holds a J.D. degree from Boalt Hall School of Law, University of
California, Berkeley, and a B.A. from Whittier College with high
honors.
1900 Avenue of the Stars,
7th Floor, Los Angeles,
California 90067
D: (310) 201-3513
F: (310) 712-8513
C: (310) 775 0512
wfc@jmbm.com
www.jmbm.com
6
MAJOR TOPICS:
• Structuring cross-border transactions
• Litigation avoidance
• Dispute resolution clauses
• Dispute resolution mechanisms: litigation, arbitration,
settlements
• Types of disputes: private party v. government
• Choice of law and venue
• Enforcement
• Treaties
• Cultural differences
• Forensic reviews and investigations

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July 13, 2017: Strategic Solutions to Cross-Border Business Disputes

  • 1. Moderator: Alexander B. Kasdan, Senior Managing Director, DelMorgan & Co. Panel: • Mark S. McNeill, Partner, International Arbitration Group, Shearman & Sterling LLP • Robert T. Biskup. Managing Director, Regulatory, Forensics & Compliance, Deloitte Advisory • William F. Capps, Partner and Chairman of Corporate Department, Jeffer Mangels Butler & Mitchell LLP © Copyright 2017 Expert Webcast – All Rights Reserved STRATEGIC SOLUTIONS TO CROSS-BORDER BUSINESS DISPUTES July 13, 2017
  • 2. 1 Expert Webcast is a sophisticated source of expertise for the professional and the business communities locally, nationally and cross-border. Producing the industry’s leading webcast panels covering corporate, M&A, restructuring and finance topics, Expert Webcast features foremost experts in law accounting and finance, and addresses timely and relevant issues faced by general counsel, C-level executives, boards of directors, business owners and their advisors, as well as institutional investors. We welcome you to join our upcoming video webcasts or visit our on- demand library to access recorded programs: www.expertwebcast.com.
  • 3. 2 MODERATOR: Alexander B. Kasdan, Senior Managing Director, DelMorgan & Co., brings more than twenty years of senior-level Wall Street advice to middle market companies, entrepreneurs and institutional investors. He has extensive experience in investment banking, corporate law and restructuring at world’s leading firms, including Credit Suisse First Boston, O’Sullivan Graev & Karabell LLP (now O'Melveny & Myers LLP), Battle Fowler LLP (now Paul Hastings LLP) and Schlumberger Ltd., and as a founding partner of Convergence Capital Partners. Alex has worked on more than 100 domestic and cross-border transactions in North America, Europe and Africa. Alex is a Senior Advisor to Governance and Transactions LLC, an advisory firm established in 2003 by Mr. James L. Gunderson, former Secretary and General Counsel of Schlumberger Limited, to assist boards, management and owners with corporate governance, compliance, structuring and strategic transactions. Alex is a frequent moderator and an interviewer at Expert Webcast roundtable discussions attracting business leaders and leading professionals from around the world. Alex graduated magna cum laude from Middlebury College with a B.A. degree in Economics and Italian and was elected to Phi Beta Kappa during his junior year. In addition, he holds a J.D. degree from Columbia University Law School and has studied at the University of Florence in Italy. 100 Wilshire Blvd. Suite 750 Santa Monica, CA 90401 +1 310 980 1718 mobile +1 310 935 3826 office ak@delmorganco.com www.delmorganco.com
  • 4. 3 Panelist: Mark S. McNeill is a partner in Shearman & Sterling’s International Arbitration Group. He has fifteen years of experience representing companies and States in international arbitrations, both ad hoc and institutional, with a focus on international investment, construction, business combinations, intellectual property and technology cases. He has handled disputes in the pharmaceutical, chemical, aviation, nuclear construction, energy, mining and reinsurance industries. Before joining Shearman & Sterling’s international arbitration team in January 2007, Mark McNeill was an Attorney-Adviser in the Office of the Legal Adviser of the U.S. Department of State, where he represented the United States in investor-State arbitrations under the investment chapter of the North American Free Trade Agreement (NAFTA). Prior to that, he was an international arbitration associate in Shearman & Sterling’s New York office. Chambers Global notes that Mark McNeill "receives consistently positive market feedback". In particular, clients have praised his pleading skills, stating that he is "very sharp", “uses just the right tone and words” and is “very talented.” Mark holds a J.D. from New York University School of Law, an M.A. from The Johns Hopkins University, School of Advanced International Studies, and a B.A. from Colgate University. 9 Appold Street London EC2A 2AP T: +44 20 7655 5758 F: +44 20 7655 5500 mark.mcneill@shearman.com www.shearman.com
  • 5. 4 Panelist: Robert T. Biskup is a Managing Director, Regulatory, Forensics & Compliance with Deloitte Advisory. Rob has over 30 years of experience in the corporate sector and private professional settings. He is among the leaders of Deloitte’s national Regulatory Compliance practice, and also serves as a regional leader of the Forensic Accounting, Corporate Investigations, and Foreign Corrupt Practices Act (FCPA) practice areas. He also serves as the National Automotive Sector Leader for Deloitte’s global Financial Advisory Services practice. Rob is the former global head of compliance at Ford Motor Company, and also served as the company’s assistant general counsel and assistant secretary. As Ford’s chief compliance officer, he was responsible for global compliance program design and implementation at the parent company, as well as Ford Credit, Mazda, Volvo, Jaguar, Land Rover, Aston-Martin, Hertz, and operations in 44 countries worldwide. Rob also served as Assistant General Counsel and Assistant Secretary at Ford, and as Ford’s chief regulatory counsel during numerous high profile safety recalls, including the Ford/Firestone tire crisis, Crown Victoria police car post-collision fires, and hundreds of other product regulatory matters. With his vast international experience, Rob brings a unique dimension to Deloitte’s compliance capabilities, and deep experience in implementing and assessing the effectiveness of compliance programs in complex organizations. Rob has worked with companies in all aspects of compliance program design and implementation, including board governance and management oversight, policies and procedures, risk identification and assessment, training and education, auditing, monitoring, reporting and metrics, whistleblower programs, internal investigations, antifraud and anticorruption controls, and communications, and cultural change management. Rob also has extensive experience handling sensitive regulatory matters and internal investigations on behalf of management and boards of directors. He has handled investigations and due diligence reviews in high-risk countries around the world. He has worked with corporate audit committees, Special Investigation Committees, Nominating & Governance, Finance, and Executive Compensation committees. Prior to Deloitte and Ford, Rob practiced law with the international law firm of Sidley Austin LLP. 200 Renaissance Center Suite 3900 Detroit, Michigan 48243 USA Tel/Direct: +1 313 396 3310 Mobile: +1 313 212 2058 rbiskup@deloitte.com | www.deloitte.com
  • 6. 5 Panelist: William F. Capps is a Partner and the Chairman of the Corporate Department at Jeffer Mangels Butler & Mitchell LLP. Bill represents some of the Firm's higher visibility corporate and banking clients in many business matters, with particular emphasis on securities matters (including mergers and acquisitions and representation of Special Committees), international matters, real estate and building materials companies, corporate finance, franchising, executive compensation planning, litigation management and health care transactions. His experience includes serving substantial corporate clients in all business matters. Bill’s Representative Experience includes • Representation of Fortune 500 companies in all aspects of international transactions • Representation of building materials industry • Representation of significant families in Southern California in business and personal planning including succession planning • Strategic litigation management for major disputes Bill holds a J.D. degree from Boalt Hall School of Law, University of California, Berkeley, and a B.A. from Whittier College with high honors. 1900 Avenue of the Stars, 7th Floor, Los Angeles, California 90067 D: (310) 201-3513 F: (310) 712-8513 C: (310) 775 0512 wfc@jmbm.com www.jmbm.com
  • 7. 6 MAJOR TOPICS: • Structuring cross-border transactions • Litigation avoidance • Dispute resolution clauses • Dispute resolution mechanisms: litigation, arbitration, settlements • Types of disputes: private party v. government • Choice of law and venue • Enforcement • Treaties • Cultural differences • Forensic reviews and investigations