20th Anniversary Conference

Recent Development in U.S. Business-Related Law and in Human Rights in Asia

To celebrate the 20th Anniversary of the Temple University Beasley School of Law in Japan, experts from the Law School in Philadelphia will lead panel discussions of legal trends in four areas: Intellectual Property Law, Cyberlaw, Antitrust Law, and Human Rights and Development in Cambodia and China.

Friday, March 14, 2014
10:00 - 17:00
Temple University, Japan Campus, Mita Hall, 5F (Access)
Attendance Fee:
Free to anyone not requiring credit
U.S. licensed attorneys can earn one CLE credit for each session they attend. Each credit costs 2,500 yen. More about the CLE credit
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Session 1

Intellectual Property: Evolution and Revolution in U.S. Intellectual Property Law

Gregory N. Mandel, Associate Dean for Research and Peter J. Liacouras Professor of Law (Profile)


Stuart Beraha, Partner, Morrison & Foerster, Head of Tokyo Office’s Technology Transaction Group & Adjunct Professor of Law Temple Law School, Tokyo Campus

Erica Takeuchi, Senior IP Counsel, Asia Pacific Region, Dow Corning Toray Co., Ltd. & Adjunct Professor of Law Temple Law School, Tokyo Campus

The United States Congress recently enacted its most significant statutory changes to patent law in over 50 years, and further patent and copyright reform is currently pending before Congress. In addition, the United States Supreme Court is deciding more, and more significant, intellectual property law cases than at any time in a generation. In addition to covering the most recent substantial changes to United States intellectual property law, this presentation will discuss how these changes are affecting the practice of intellectual property law as well as how innovative and creative companies are responding to the shifting legal landscape.

Session 2

Cyberlaw: Who is in Charge of Cybersecurity?

Duncan Hollis, Associate Dean for Academic Affairs and Professor of Law (Profile)


Pauline Reich, Professor, Waseda University & Director, Asia Pacific Cyberlaw, Cybercrime and Internet Security Research Institute, Tokyo

Professor Hollis will assess the future of law and norms in cyberspace from both a U.S. and international law perspective. As is well known, cyberthreats—both known and unknown—pose a significant problem for industries and nation states alike. Businesses regularly suffer disruptions and the loss of intellectual property or other data, such as Target's loss of 40 million payment card numbers in December 2013 and the shutdown of 30,000 of Saudi Aramco's workstations in 2012. The perpetrators of such threats range widely from annoying but relatively harmless low-skilled hacks to much more sophisticated cyber-criminal organizations, hacktivists, militaries, and state-sponsored sources.

Three decades into the life of the Internet, however, surprisingly little law exists specifically designed to redress cyberthreats. Businesses have limited options to respond on an individual or a collective basis. This presentation will survey existing legal responses to cyberthreats at both the domestic and international level, including President Obama's most recent Executive Order and the Cybercrime Convention. To the extent that most of these responses are inadequate and ineffective, we will discuss a range of future possibilities in three distinct, but inter-related areas: (i) cyber governance—deciding "who decides" the rules for how the Internet will operate; (ii) the governmental authority in cyberspace—that is, the range of permissible law enforcement and military authority to deal with future cyberthreats; and (iii) cybersecurity itself, namely the capacity of law to regulate what businesses must (or must not) do when defending themselves against future cyberthreats.

Lunch Break: 12:45 - 14:15

Session 3

Antitrust Law: 21st Century U.S. Antitrust Law and the New American Tech Giants

Salil K. Mehra, James E. Beasley Professor of Law (Profile)


Etsuo Doi, Partner, Foley & Lardner LLP, where he is a member of the Business Law and Intellectual Property Departments

Mitsuo Matsushita, Advisor at Nagashima Ohno & Tsunematsu and to the United Nations Committee on Trade and Development and former WTO DSU panelist

American antitrust (competition) law has reawakened in the past decade. Since 2007, the United States Supreme Court has decided eleven antitrust cases, quite a high number given the Court's fairly small docket. Several of these cases, including Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Leegin Creative Leather Products, Inc. v. PSKS, 551 U.S. 877 (2007), are particularly important to corporate defendants accused of antitrust wrongdoing. Professor Mehra will give an overview of these cases; discuss the controversial U.S. Department of Justice Antitrust Division Report on Section 2 of the Sherman Act; and, finally, describe and discuss the relevance of these legal developments to three timely cases or potential cases involving major U.S. tech firms: the e-book price-fixing case involving Apple and its development of the iPad; the now-closed U.S. case against Google; and Facebook’s potential antitrust liability, given the new focus on privacy issues as a competitive concern.

Session 4

Human Rights and Development: The Relationship between Human Rights and Development in Cambodia and China

Jaya Ramji-Nogales, Associate Professor of Law (Profile)


Kara Abramson, Visiting Fellow Tokyo University Institute for Advanced Studies on Asia & Adjunct Professor Temple University Law School, Tokyo Campus

This panel offers a comparative discussion of contemporary human rights and development issues in China and Cambodia. (An additional panelist may speak on human rights issues in Japan). As the Khmer Rouge Tribunal winds down, Cambodia faces numerous development-related challenges, from "land grabs" to art trafficking to sustainable tourism. Cambodia's government has enabled developers to push ordinary Cambodians off the land they occupy, has failed to protect Cambodia's rich artistic and architectural legacy from looting, trafficking, and international resale on the black market, and has turned a blind eye to illegal logging and the destruction of Cambodia's forests.

The law has an important role to play in regulating Cambodia's development on all of these fronts, and in ensuring that the tourism industry expands in a sustainable manner. The panel will also provide an overview of current human rights issues in China and discuss the challenges of assessing conditions there. In particular, the panel will touch on broad trends since China joined the WTO and discuss whether major policy shifts have occurred under Xi Jinping. We hope to include a third panelist who will discuss current human rights issues in Japan.