IAPBL Annual Report 2006-2007

Institute of Asian-Pacific Business Law William S. Richardson School of Law

University of Hawai`i at Mānoa

Institute of Asian-Pacific Business Law (IAPBL)

William S. Richardson School of Law 2515 Dole Street, Honolulu, HI 96822

Phone: (808) 956-5355 Fax: (808) 956-7623 Email: iapbl@hawaii.edu Website: www.iapbl.com

Online Donation: www.uhf.hawaii.edu/supportiapbl

Contents

Director’s Message p. 2 Asian-Pacific Studies at the William S. Richardson School of Law p. 4 IAPBL’s Goals p. 7 Organization of the Institute Director p. 8 Deputy Director p. 8 Management Board p. 8 Advisory Board p. 9 Fellows p. 10 IAPBL Sponsored Activities 2006-2007 Activities p. 11 Forthcoming Activities p. 12 Fellows’ Research and Professional Activities p. 13 Donations to IAPBL p. 22

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Director’s Message It is my pleasure to report on the inaugural activities of the Institute of Asian-Pacific Business Law (IAPBL) during the 2006-2007 academic year. IAPBL was established in May 2006 by the William S. Richardson School of Law at the University of Hawai`i at Mānoa with the goal of becoming the premier academic center for research and training in the rapidly growing field of business law in Asia and the Pacific. IAPBL will focus on areas of great importance to Asia and Hawai`i, including commercial law, insolvency and secured transactions, corporate law and business transactions, securities, intellectual property, real estate financing, and labor law. IAPBL has already started to facilitate direct exchanges between the academic, legal, and business communities in Hawai`i and throughout the Asian-Pacific region. IAPBL’s first three events covered comparative tax, dispute resolution in China, and international and comparative insolvency law. IAPBL’s first event was a seminar on March 13, 2007, by Professor Andrew Halkyard of the University of Hong Kong’s Faculty of Law. Professor Halkyard is a leading expert on comparative taxation law and his talk was entitled “Current Tax Developments Affecting Hong Kong as an International Financial Center,” which was co-sponsored by the University of Hawai‘i Center for International Business Education and Research (CIBER).

On March 15, 2007, Professor Jerome A. Cohen of the New York University School of Law presented the Inaugural IAPBL Distinguished Public Lecture entitled “Settling Business Disputes with Chinese Entities: Seeking Truth from Facts.” Professor Cohen is a founder of Asian legal studies in the United States and the senior American expert on Chinese law. His talk was co-sponsored by the Richardson School of Law’s Pacific-Asian Legal Studies Program (PALS). The most ambitious event of the semester was IAPBL’s Inaugural Symposium – “Asian-Pacific Corporate Insolvency Law: Cross-Border and Comparative Perspectives” – which was held at the Halekulani Hotel in Honolulu from April 10-11, 2007. The symposium involved discussions among leading academics, insolvency practitioners, judges, and government officials from Hawai‘i, the U.S. mainland, Europe, and the Asia-Pacific on recent developments in Asian-Pacific corporate and cross-border insolvency law. There were approximately 30 speakers and commentators, with an additional 20 attendees including students from the University of Hawai‘i’s William S. Richardson School of Law and the Shidler College of Business. The two-day symposium consisted of seven sessions covering liquidation, formal and out-of-court corporate restructuring, and cross-border insolvency in the Asian-Pacific region. In our inaugural year, IAPBL received $16,650 in donations from 19 donors. I would like to thank all of IAPBL’s donors for their support of the Institute. Without our donors’ backing, we would never have been able to hold an Inaugural Symposium on the scale of our April event. I would also like to introduce and thank Elizabeth Chan who is serving as the IAPBL Program Coordinator and an IAPBL Research Fellow for a two-year period. Plans are already underway for an ambitious series of events in the 2007-2008 academic year. IAPBL and the Asian Institute of International Financial Law (AIIFL) at the University of Hong Kong are jointly organizing two symposia to be held in Hong Kong. The first, “Entrepreneurialism, Risk Assessment and Direct Investment in China,” will be held at the University of Hong Kong on October 18, 2007, and the second, “The 2006 PRC Enterprise Bankruptcy Law: A New Beginning?”, will be held on March 25, 2008. Speakers for these events include investment bankers, accountants, government officials, lawyers, and academics

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from Hawai‘i, the U.S. mainland, China, and Hong Kong. Also planned during the 2007-2008 academic year is an IAPBL Distinguished Public Lecture in January 2008 by Professor Gordon Walker, Head of the School of Law at Lt Trobe University in Melbourne, Victoria, Australia. I returned to the William S. Richardson School of Law in January 2006 after spending 16 ½ years teaching at the University of Hong Kong. I am excited to be returning to a faculty – and a university – so focused on Asia and the Pacific. I am hopeful that IAPBL will come to play a significant role in fostering understanding of business law issues in Asia and the Pacific and in facilitating regional collaboration in examining these issues. If you have any comments or suggestions regarding the Institute or its activities, please email us at iapbl@hawaii.edu.

Professor Charles D. Booth Director

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Asian-Pacific Studies at the William S. Richardson School of Law The William S. Richardson School of Law has long been a leader in Asian and Pacific studies, and it is ideally situated to attract leading academics, business executives, and policymakers from the Asia-Pacific and the U.S. mainland to participate in the Institute’s activities. The faculty at the William S. Richardson School of Law is unusually strong in Asian and Pacific law – few, if any, law schools can match our commitment to, and expertise in, the area. That expertise is reflected in the large number of Pacific-Asian courses we teach and the unique specialization and certificate program in Pacific-Asian Legal Studies (PALS) that we currently offer our students. In recent years, roughly 8% to 10% of the students have graduated with PALS certificates recognizing their concentration in the area, and many other students enroll in PALS courses. This makes for a community of shared interests and an enthusiastic base for advancing programs related to Asian-Pacific business. Our law students also manage and edit the ASIAN-PACIFIC LAW & POLICY JOURNAL, a web-based journal with timely articles that attract a wide readership on legal issues relating directly to Asia and the Pacific (www.hawaii.edu/aplpj). Almost all the professors at the William S. Richardson School of Law who teach commercial or business law courses either specialize in Asian-Pacific law or conduct some research relating to Asian-Pacific legal issues:

Professor John L. Barkai – teaches Negotiations, Mediation, International Negotiations, and Alternative Dispute Resolution (ADR). He has taught various negotiation and dispute resolution courses in Japan, Hong Kong, Korea, and Micronesia, as well as in Australia, Finland, and Hungary. He was the U.S. representative to the APEC ADR in Executive Education Project. He also teaches International Negotiation & ADR in the Shidler College of Business in the Japan-focused and China-focused Executive MBA programs (JEMBA & CHEMBA) and Intercultural Negotiations at JAIMS (Japan American Institute for Management Science). He has presented many seminars for groups from and in Asia. His recent publications have focused on cross-cultural negotiation and mediation. He has served as a consultant to the Hawai‘i Judiciary, the Judiciary of the Republic of the Marshall Islands, the Supreme Court of the Federated States of Micronesia, the Pacific Judicial Council, and the Minister of Justice for Papua New Guinea, and he has served in numerous advisory positions to ADR groups.

Professor Charles D. Booth – teaches Asian Insolvency Law, Second Year Seminar on Asian Commercial Law, Business Reorganizations, Secured Transactions, and Equitable Remedies. Professor Booth taught for 16 ½ years at the University of Hong Kong, where he also served as the Director of the Asian Institute of International Financial Law from 2000-2005. He is an expert in cross-border and comparative Asian insolvency and commercial law. His current research examines the development of insolvency and secured transaction infrastructures in Asia in the aftermath of the ’97 financial crisis. He has served as a consultant on insolvency and commercial law reform projects in China, Vietnam, and Asia generally for the World Bank, the Asian Development Bank (ADB), the International Republican Institute, and the ABA-UN Development Programme International Legal Resources Center. He is currently the Insolvency Expert on an ADB law reform project for Vanuatu and is involved in a World Bank project considering global insolvency principles and guidelines.

Professor Ronald C. Brown – teaches Comparative and International Labor & Employment Law, Chinese Law, Labor, and Employment Law. He is a labor and

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employment law expert who specializes in comparative and Chinese labor law issues. He has served as a Fulbright distinguished lecturer at Peking and Tsinghua Law Schools, as the Director of the University of Hawai`i’s Center for Chinese Studies, and as a Consultant to the World Bank.

Professor David L. Callies – teaches land use, property and state/local government law. Professor Callies writes and speaks widely on comparative land and property issues, including compulsory purchase, relocation, and planning law, and is co-editor of a 2002 book comparing land planning and compulsory purchase law in ten Asian-Pacific countries resulting from a ten-year study. He has addressed these and other related subjects as an invited speaker in Japan, Hong Kong, Beijing, and Korea. He is a member of the College of Fellows, American Institute of Certified Planners, and the American College of Real Estate Lawyers, holds a masters degree in Town Planning Law from Nottingham University, and is a Life Member of Clare Hall, Cambridge University.

Professor Alison W. Conner – teaches Asian Comparative Law, Chinese Business Law, and Business Associations. She is a Chinese law and legal history specialist who has lived and taught in Chinese Asia for 14 years, including a semester as a Fulbright distinguished lecturer at Tsinghua University. She is currently the Director of International Programs at the William S. Richardson School of Law.

Professor Danielle M. Conway-Jones – teaches Intellectual Property Law, International Intellectual Property Law, Government Contracts Law, Intellectual Property Licensing Law, Government Procurement of Intellectual Property, and Internet Law & Policy. She has co-authored a treatise entitled Intellectual Property, Software, and Information Licensing: Law and Practice, published a casebook entitled Licensing Intellectual Property: Law and Application, and authored several articles on the intersection of intellectual property law, rights of Indigenous Peoples, international law, and globalization. She was a Fulbright Senior Scholar and Distinguished Professor of Law in Australia in 2006-2007 and will be holding the E.K. Gubin Visiting Professor of Government Contracts Law Chair at the George Washington University Law School in 2007-2008.

Professor Lawrence C. Foster – teaches Securities Regulation. He is a Chinese studies specialist who is actively involved with the East-West Center. He is currently on leave from the William S. Richardson School of Law in Shanghai, where he is working with one of the largest Chinese law firms.

Professor Mark A. Levin – teaches Sales, International Business Transactions, and Japanese Business Law, among other courses. He is a Japanese law expert who taught at Hokkaido University before coming to the William S. Richardson School of Law in January 1997. Prior to law teaching, Professor Levin worked as an international business transactional attorney in Seattle, Washington and Tokyo, Japan.

Professor Justin D. Levinson – teaches Business Associations, High Growth Entrepreneurship (a joint JD-MBA course), Corporate Finance, and Law and Psychology. He pursues interdisciplinary research, including the examination of behavioral finance concepts in Asia. Professor Levinson previously practiced corporate and securities law at Wilson Sonsini Goodrich & Rosati in Palo Alto, California, where he represented technology companies at various stages of development.

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In addition, the William S. Richardson School of Law established its first masters program in 2003, a one-year LL.M. for foreign lawyers and legal professionals. Our students have come from Europe, Latin America, Japan, Korea, China, and Thailand. Through the generosity of the Freeman Foundation, we now can admit and fully support two LL.M. students a year who come from China and other developing Asian nations. The current LL.M. class of 11 students is the largest to date.

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IAPBL’s Goals

• To become the premier academic center for research and training in the rapidly growing field of business law in Asia and the Pacific.

• To serve as the umbrella for the research and academic activities of IAPBL’s

Fellows (full-time academics drawn from the William S. Richardson School of Law and the University of Hawai`i generally), Research Fellows (academics and professionals from outside the University of Hawai`i who are associated with the Institute for a period of months or on an on-going basis), Student Fellows (current law students at the William S. Richardson School of Law), and short-term Visiting Fellows from outside the University of Hawai`i.

• To address significant legal issues of relevance to Hawai`i and/or the Asian-

Pacific region that will lead to the publication of books and journal articles considering these issues.

• To highlight the expertise of the William S. Richardson School of Law in the

area of Asian-Pacific law.

• To assist the Richardson School of Law in strengthening its ties with other academic institutions in the Asian-Pacific region, as well as facilitating collaboration between individual faculty members at the School of Law with their counterparts in the Asian-Pacific region.

• To serve as a forum for Hawai`i’s lawyers and accountants, businessmen,

academics, judges, and policy-makers to learn about Asian-Pacific business law issues and to interact with their counterparts throughout the region.

• To support the on-going teaching activities within the PALS and LL.M.

programs.

• To assist the Richardson School of Law in attracting exceptional J.D. and LL.M. students interested in the study of Asian-Pacific business law.

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Organization of the Institute The Institute’s organization consists of a Director, Deputy Directors, a Management Board, an Advisory Board, and several categories of Fellows. Director

Professor Charles D. Booth

Deputy Director Professor Justin D. Levinson Management Board The Management Board oversees the activities and programs of the Institute. Its members include: Professor Charles D. Booth, IAPBL Director (Chairman) Professor Justin D. Levinson, IAPBL Deputy Director Dean of the William S. Richardson School of Law (ex-officio)

Dean Avi Soifer Director, International Programs, William S. Richardson School of Law (ex-officio) Professor Alison W. Conner

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Advisory Board Professor William P. Alford, Henry L. Stimson Professor of Law & Director of East Asian Legal

Studies, Harvard Law School Dr. Douglas Arner, Associate Professor and Director, Asian Institute of International Financial

Law, Faculty of Law, University of Hong Kong Sumant Batra, Partner, Kesar Dass B. & Associates, New Delhi, India William Blair, QC, London, England Professor Jerome Cohen, Professor, NYU School of Law, New York City Professor Ross Cranston, QC, MP, Visiting Professor, London School of Economics and

Political Science, England Professor Shirley Daniel, Henry A. Walker Jr. Distinguished Professor of Business Enterprise,

University of Hawai`i Shidler College of Business David Day, Law Offices of David Day, Honolulu Honorable Robert Faris, Judge, US Bankruptcy Court, District of Hawai`i Don Gelber, Partner, Gelber, Gelber & Ingersoll, Honolulu Steve Gelber, Gelber, Gelber & Ingersoll, Honolulu Honourable Justice Paul Heath, Judge of the High Court of New Zealand Gordon Johnson, Partner, Kirkland & Ellis, LLP, New York City Robert F. Kay, Public Relations Consultant, Honolulu Michael Klowden, President & CEO, Milken Institute, Los Angeles, California John Lees, Director, John Lees & Associates Ltd., Hong Kong Lawrence Liu, Executive Vice President and Chief Strategy Officer, China Development

Financial Holding Corp., Taipei Tasuku Matsuo, Partner, Matsuo & Kosugi, Tokyo, Japan Rabindra Nathan, Shearn Delamore & Co, Kuala Lumpur, Malaysia Ted Pettit, Director, Case Lombardi & Pettit, Honolulu Arnold M. Quittner, Of Counsel, Peitzman, Weg & Kempinsky LLP, Los Angeles, California Professor Ghon Rhee, K.J. Luke Distinguished Professor of Finance, University of Hawai`i

Shidler College of Business Bill Richardson, General Partner, HMS Hawai‘i Management Partners, Honolulu Nick Segal, Partner, Freshfields Bruckhaus Deringer, London, England James Sprayregen, Managing Director, Goldman Sachs, New York City Gerald Sumida, Of Counsel, Carlsmith Ball LLP, Honolulu Alan Tang, Managing Partner, Grant Thornton, Hong Kong Shinjiro Takagi, Chair, Industrial Revitalization Committee, Industrial Revitalization Corporation

of Japan, Tokyo, Japan Koji Takeuchi, Partner, Sakura Kyodo Law Offices, Tokyo, Japan Kent Tsukamoto, Managing Partner, Accuity LLP, Honolulu Professor Gordon Walker, Chair of Commercial Law & Head of School of Law, La Trobe

University, Victoria, Australia Anna Wu, Adviser to the law school of Shantou University in Shantou, China, funded by the Li

Ka Shing Foundation, Hong Kong

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Fellows

Each year the Institute will invite faculty members, research associates and visitors to serve as Fellows and to participate in its research and other programs. The Fellows for the 2006-2007 academic year are listed below.

Fellows – full-time academics drawn from the William S. Richardson School of Law and the University of Hawai`i generally. Professor John L. Barkai Professor Charles D. Booth Professor Ronald C. Brown Professor David L. Callies Professor Alison W. Conner Professor Danielle M. Conway-Jones Professor Lawrence C. Foster Professor Mark A. Levin Professor Justin D. Levinson Research Fellows – academics and professionals from outside the University of Hawai`i who are associated with the Institute for a period of months or on an on-going basis. Elizabeth G. Chan (June 2006-May 2008) Visiting Fellows – short-term visiting academics and professionals from outside the University of Hawai`i.

Professor Andrew Halkyard, Professor of Law, Faculty of Law, University of Hong Kong (March 3-22, 2007)

Professor Jerome A. Cohen, Professor of Law, New York University School of Law

(March 8-16, 2007)

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IAPBL Sponsored Activities 2006-2007 Activities March 13, 2007: Talk, “Current Tax Developments Affecting Hong Kong as an International Financial Center,” by Professor Andrew Halkyard, Professor of Law, Faculty of Law, University of Hong Kong. Prof. Halkyard discussed significant taxation developments in Hong Kong during the past year and their impact upon Hong Kong’s status as an international financial center. Among the factors discussed were the following: (1) a profits tax exemption for offshore funds; (2) the conclusion of comprehensive double taxation agreements with Mainland China and Thailand; (3) the trend towards convergence between profits ascertained on the basis of generally accepted accounting standards and taxable profits; (4) a perceived toughening of Hong Kong’s source rules relating to the taxation of business profits; (5) the abolition of estate duty; and (6) the proposal to introduce a goods and services tax. Mr. Steven Gelber of the Honolulu firm Gelber, Gelber & Ingersoll introduced Professor Halkyard at this event. March 15, 2007: Inaugural IAPBL Distinguished Public Lecture, “Settling Business Disputes with Chinese Entities: Seeking Truth from Facts,” by Professor Jerome A. Cohen, New York University School of Law, spoke on a variety of issues relating to the resolution of business disputes with Chinese entities. Prof. Cohen covered the possibility of foreign business receiving fair judgments in China, arbitration before China’s arbitration commissions, enforcement of court judgments and arbitration awards in China, mediation, and problems arising in American courts. April 10-11, 2007: Symposium, “Asian-Pacific Corporate Insolvency Law: Cross-Border and Comparative Perspectives.” IAPBL hosted its inaugural symposium on Asian-Pacific corporate insolvency law at the Halekulani Hotel in Honolulu on April 10-11, 2007. The symposium involved discussions among academics, insolvency practitioners, judges, and government officials from Hawai‘i, the U.S. mainland, Europe, and the Asia-Pacific on recent developments in Asian-Pacific corporate and cross-border insolvency law. There were approximately 30 speakers and commentators, with an additional 20 attendees including students from the University of Hawai‘i’s William S. Richardson School of Law and Shidler College of Business. The two-day symposium consisted of seven sessions covering liquidation, formal and out-of-court corporate restructuring, and cross-border insolvency in the Asian-Pacific region. The symposium activities concluded with a dinner at the Bishop Museum. Sponsorship support and collaboration for the symposium was provided by Case Lombardi & Pettit, Honolulu; the University of Hawai‘i Center for International Business Education and Research (CIBER); Wagner Choi & Evers, Honolulu; Schulze Haynes Loevenguth & Co., Irvine, California; and Tasuko Matsuo, Tokyo, Japan. Student sponsorship support was provided by Evelyn Biery, Houston, Texas; Clayton Utz, Sydney, Australia; Professor Michael A. Gerber, Brooklyn, New York; Gordon Johnson, New York City; David P. Leibowitz, Waukegan, Illinois; Rabindra Nathan, Kuala Lumpur, Malaysia; Orrick, Herrington & Sutcliffe LLP, San Francisco, California; Mieko Pettit, Honolulu; and Shinjiro Takagi, Tokyo, Japan. The Asian Institute of International Financial Law (AIIFL) at the University of Hong Kong served as a co-operating institution and LexisNexis was a Media Sponsor. Speakers at the symposium included: Evelyn Biery, Fulbright & Jaworski, Houston, Texas

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Paul Billingham, Grant Thornton, Sydney, Australia Professor Charles D. Booth, William S. Richardson School of Law, University of

Hawai‘i Paul Brewbaker, Bank of Hawaii, Honolulu David Cowling, Clayton Utz, Sydney, Australia David Day, Law Offices of David Day, Honolulu Isabelle Didier, Etude Didier, Paris, France Timothy DeSieno, Bingham McCutchen LLP, New York City Honorable Robert Faris, United States Bankruptcy Court, District of Hawai‘i Lena Gan, Merrill Lynch, Honolulu Don Gelber, Gelber, Gelber, & Ingersoll, Honolulu Jerrold Guben, Reinwald, O’Connor & Playdon, Honolulu Karen Ho, Official Receiver’s Office, Hong Kong Frederick Holden, Jr., Orrick, Herrington & Sutcliffe LLP, San Francisco, California Gordon Johnson, Kirkland & Ellis LLP, New York City Steven Kargman, Kargman Associates, New York City Jonathan Katz, JP Morgan, New York City John Lees, John Lees & Associates, Hong Kong David Leibowitz, Leibowitz Law Center, Waukegan, Illinois John Marsden, Johnson, Stokes & Master, Shanghai, China Tasuku Matsuo, Matsuo & Kosugi, Tokyo, Japan Keita Nagura, Yodoyabashi & Yamagami LPC, Tokyo, Japan Professor Tom Pearson, Shidler College of Business, University of Hawai‘i Ted Pettit, Case Lombardi & Pettit, Honolulu

Dr. Janis Sarra, National Centre for Business Law, University of British Columbia, Canada

Gerald Sumida, Carlsmith Ball LLP, Honolulu Professor Zhang Xian Chu, Faculty of Law, University of Hong Kong Forthcoming Events (subject to confirmation) October 18, 2007: Symposium, “Entrepreneurialism, Risk Assessment, & Private Investment in China,” to be co-sponsored by IAPBL and the Asian Institute of International Financial Law (AIIFL) and held in Hong Kong. January 15, 2008: Lecture, “Securities Regulations, Efficient Markets, and Behavioural Finance,” by Professor Gordon Walker, La Trobe University, Victoria, Australia. March 25, 2008: Symposium, “The 2006 PRC Enterprise Bankruptcy Law: A New Beginning?” to be co-sponsored by IAPBL and the AIIFL and held in Hong Kong.

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Fellows’ Research and Professional Activities John Barkai Publications Humor in ADR, in the ABA's DISPUTE RESOLUTION MAGAZINE (quarterly since Fall 1997). Co-author with Elizabeth Kent and Pamela Martin, A Profile of Settlement, 42 COURT REVIEW, Issue 3-4 (Fall/Winter 2006). Co-author with Elizabeth Kent, and Pamela Martin, Settling Civil Lawsuits in the Hawaii Circuit Courts, 10(13) HAWAII BAR JOURNAL 73 (2006). Motions in Limine: Character Problems and Bad Acts, Association of Trials Lawyers of America, 2006 Winter Convention Reference Materials 109. Presentations “International Negotiations,” in Japan- & China-Focused Executive MBA-JEMBA-CHEMBA Programs, University of Hawai‘i’ at Mānoa’s School of Business Administration, Jan.-May 2006 & Jan-May 2007. Half-day workshop, “Myers-Briggs and Communication for Conflict Resolution,” Disability and Communications Access Board of the State of Hawai‘i Department of Health, May 5, 2006. Workshop, “Meeting Facilitation, Difficult Conversations, and Tongue Fu for Managers,” State of Hawai‘i Department of Health senior administrators, May 23, 2006. Full-day workshop, “Negotiation and Conflict Resolution in International Business,” Fujitsu, Japan American Institute of Management Science, May 30, 2006. Half-day workshop, “Conflict Resolution at the Shipyard,” Pearl Harbor Leadership Program, Pearl Harbor Naval Shipyard, June, 28, 2006. Full-day workshop, “Negotiation & Conflict Resolution,” Bank of Hawaii, Sep. 12, 2006. “Intercultural Negotiations,” Intercultural Management Program, Japan-American Institute of Management Science, Oct. & Nov. 2006 and Apr. & May 2007. “American Criminal Justice System & Evidence,” visiting delegation of Chinese Prosecutors from Fujian Province, China (with consecutive translation), Sept. 21, 2006. “Negotiation Principles” and “Communication for Conflict Resolution,” 21st Century Boys and Girls Clubs of Hawai‘i Management Institute, Oct. 18 & 20, 2006 and May 10, 15, and 17, 2007. Guest speaker, "Negotiations,” Professor Pang’s class at the Richardson School of Law, University of Hawai‘i at Mānoa, Nov. 17, 2006.

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“The History of ADR and the Courts,” Professor Chandler’s graduate class on Conflict Resolution, Sociology Department, University of Hawai‘i at Mānoa, Jan. 31, 2007. Strategic Planning for the Punahou School Alumni Association, Mar. 31, 2007. Five-day course, “Mediation Seminar,” Pepperdine Law School, May 29-June 2, 2007. Professional Activities Member, Hawai‘i Supreme Court Standing Committee on the Rules of Evidence (1993-present). Co-chair, ADR Section of the Hawaii State Bar Association (2003-present). HSBA Ethics Award Committee (2005-2006). Member, ADR Section Programs Planning Committee, 2006 ABA Annual Meeting (2005-2006). Member, Planning Committee, Hawaii State Bar Association’s Trial Academy. Arbitrator, Hawai‘i Department of Commerce and Consumer Affairs’ Lemon Law (new car) Program (approx. two cases per year). Arbitrator, Hawai‘i Judiciary Court-Annexed Arbitration Program (approx. two cases per year). Site visit for Strategic Planning, Judiciary of the Republic of the Marshall Islands, Majuro, Republic of the Marshall Islands, Jan. 9-12, 2007. Charles Booth Publications Co-author with Robert E. McBain, Trends and Developments in Insolvency Systems and Risk Management: The Experience of Hong Kong, China, in Credit Risk and Credit Access in Asia (Paris: OECD, 2006), pp 181-193. Co-author with Douglas W. Arner, Berry F. Hsu, Paul Lejot, Qiao Liu & Frederick Pretorius, Property Rights, Collateral and Creditor Rights in East Asia, Part III.B, in Ismail Dalla (ed.) East Asian Finance: Selected Issues (World Bank, 2006, CD), 43 pp., and parts incorporated into Swati R. Gosh, East Asian Finance: The Road to Robust Markets (World Bank, 2006). The Race of Two Tortoises: Insolvency Law Reform in Hong Kong and China, 2(2) ABA CHINA LAW REPORTER 3-6 (Nov. 2006); republished in INSOL ELECTRONIC NEWSLETTER (Jan. 2007). Co-author with Douglas W. Arner, Berry F. Hsu & Paul Lejot, Property Rights, Collateral, Creditor Rights and Financial Development, 17 EUROPEAN BUSINESS LAW REVIEW 1215-1240 (The Netherlands, 2006). Co-author with Zhang Xian Chu & Wendy Chiu, The People’s Republic of China,” Ch. 18, in Collier International Business Insolvency Guide, pp. 18-1 to 18-64 (LexisNexis, 2006).

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Editorial and The Continuing Need for Real Property and Secured Transactions Law Reform in Asia, Highlight Article, INSOL ELECTRONIC NEWSLETTER (3 pp.) (Feb. 2007). Co-author with Philip Smart & Stephen Briscoe, Corporate Rescue in Hong Kong, Ch. 12, in Rodrigo Olivares-Caminal (ed.), Corporate Debt Restructuring, pp. 291-315 (The Netherlands: Wolters Kluwer, 2007). Presentations Speaker, “An Update on Bankruptcy Law Reform in Hong Kong and China: The Race of the Two Tortoises,” Academics Meeting, INSOL Scottsdale 2006, Scottsdale, Arizona, May 21, 2006. Distributed paper, co-authored with Douglas W. Arner, Berry F. Hsu, Paul Lejot, Qiao Liu & Frederick Pretorius, “Property Rights, Collateral and Creditor Rights in East Asia,” World Bank/Hong Kong Monetary Authority Conference on East Asian Financial Markets – The Next Frontier, Hong Kong, June 23, 2006; also distributed at 13th Biennial Meeting, International Academy of Commercial and Consumer Law, Austin, Texas, Aug. 9-10, 2006. Speaker, “An Analysis of the New Chinese Bankruptcy Law,” Oxford Conference on Regulating Enterprise: The Regulatory Impact on Doing Business in China, Hong Kong, Sept. 20, 2006. Lecturer, “Corporate Rescue in Asia: Developing Effective Insolvency Infrastructures,” Course ASAN 600C, University of Hawai‘i at Mānoa, Sept. 22, 2006. Speaker, “Corporate Rescue in Asia: Developing Effective Insolvency Infrastructures,” East Asian Legal Studies Talk, Harvard Law School, Oct. 18, 2006. Lecturer, “Resolving Cross-Border Insolvency Disputes in China," Professor Jerome Cohen’s Dispute Resolution in China Course, NYU Law School, New York City, Mar. 21, 2007. Chair and Commentator, Recent Developments in China and Hong Kong Panels, Asian-Pacific Corporate Insolvency Law: Cross-Border and Comparative Perspectives – Inaugural Symposium, IAPBL, Honolulu, Apr. 10-11, 2007. Lecturer, “Corporate Rescue in Hong Kong, the PRC and the United States: A Comparative Perspective,” Shantou University, China, June 6, 2007. Lecturer, “The Development of Insolvency Infrastructures in Asia,” Santa Clara Summer Law Study Program, University of Hong Kong, June 7, 2007. Professional Activities Vice Chair, ABA Business Bankruptcy Committee, Working Group on Pacific Rim Insolvencies (June 1999-July 2006). Fellow, American College of Bankruptcy (Mar. 2000-present).

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Founding Member, International Insolvency Institute (Dec. 2000-present). Member, four-person team drafting a Comparative Survey of International Commercial Enforcement and Insolvency Practices for the World Bank (June 2001-present). Associate External Academic Advisor of Sales & Sales Law Finance in Hong Kong (LL.B.) & Company Law (LL.B. & J.D.), City University of Hong Kong (Nov. 2004-present). Member, Hong Kong Deposit Protection Appeals Tribunal Panel (Jan. 2005-present). Team Member, World Bank project, “East Asia Regional Financial Sector Development Flagship Study: Property Rights, Collateral, and Creditor Rights in East Asia” (Nov. 2005-June 2006). Member, Working Group on the Development of the INSOL Diploma in Global Comparative and International Insolvency (the world’s first Diploma in Global Comparative and International Insolvency) (2006). Member, AIIFL Academic Advisory Board, University of Hong Kong (Mar. 2006-present). Member, Editorial Board, International Insolvency Review (Apr. 2006-present). Assessor, Competitive Earmarked Research Grants, Hong Kong Research Grants Council (2006). Member, Editorial Board Committee, INSOL International Electronic Newsletter (Apr. 2006-present). Member, International Academy of Commercial and Consumer Law. (Aug. 2006-present). LL.M. paper supervisor, “A Case for Reform: Replacing the Corporate Rescue Processes in Singapore with a Chapter 11 Rehabilitative Regime,” Harvard Law School (2006-2007). Bankruptcy and Insolvency Law Expert, advising the Vanuatu Financial Services Commission on personal and corporate insolvency law reform as part of an Asian Development Bank project on Institutional Legal Reforms in Vanuatu (Mar. 2007-present). Ron Brown Publications China’s Employment Discrimination Laws During Economic Transition, 19 COLUMBIA JOURNAL OF ASIAN LAW 361-427 (2006). China's Collective Contract Provisions: Can Collective Negotiations Embody Collective Bargaining?, 16 DUKE JOURNAL OF COMPARATIVE & INTERNATIONAL LAW 35 (2006). Globalization and the Law: Emerging Global Common-Law, in Fairness, Globalization, and Public Institutions: East Asia and Beyond (Hawai‘i University Press, 2006).

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Harmonizing Domestic Labor Law Reforms With Global Labor Law Standards, in International Economic Law and China in Economic Transition (William S. Hein & Co., 2006). Why is Wal-Mart Unionized in China?, PACIFIC BUSINESS NEWS (Oct. 27, 2006). Editor, CHINA REVIEW INTERNATIONAL, vol. 13 (2006). Presentations Developed and ran a three-week training workshop for 24 Chinese prosecutors from the Supreme People’s Procuratorate, sponsored by a United Nations’ grant, Nov. & Dec. 2006. Paper presentation, “Harmonizing Domestic Labor Laws With International Labor Standards,” and panel moderator, Beijing Forum, held at the Great Hall of the People, Beijing, Nov. 2006. Speaker, “Labor Rights and Employment Discrimination in China,” Center for Chinese Studies, University of Hawai‘i at Mānoa, 2006. Paper presentation, “Harmonizing Labor Rights of Contingent Workers with Economic Development: Challenges for Regulators,” Conference in Beijing hosted by China University of Law and Politics, 2006. Professional Activities Director, Center for Chinese Studies, University of Hawai‘i at Mānoa (July 2000-June 2006). Awarded a $10,000 grant from the U.S.-China Legal Cooperation Fund to work with China on developing guidelines for implementing its new law prohibiting sex harassment (2005-2006). Executive Committee Member, International Society of Labor and Social Security (2006-present). David Callies Publications Co-author with Fred Bosselman, Jes Bjarup, Peter Orebach, Martin Channock & Hanne Petersen, The Role of Customary Law in Sustainable Development (Cambridge University Press, 2006). Co-contributor with Paula Franzese, Residential Privilege: The Advent of the Guarded Subdivision, Ch. 8, in Paul Carrington & Trina Jones (eds.), Law and Class in America (NYU Press, 2006). Kelo v. New London: Of Planning, Federalism, and a Switch in Time, 29 UNIVERSITY OF HAWAI‘I LAW REVIEW 327 (2006).

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The Interplay Between Land Use and Environmental Law,” 23 PACE ENVIRONMENTAL LAW REVIEW 685 (2006). Co-contributor with Shelley Saxer, Chs. 3, 4, & 7, in Dwight Merriam & Mary Ross (eds.) Eminent Domain Use and Abuse: Kelo in Context (ABA Press, 2006). Co-author with Christopher T. Goodin, The Status of Nollan v. California Coastal Commission and Dolan v. City of Tigard after Lingle v. Chevron USA Inc., 40 JOHN MARSHALL LAW REVIEW 539 (2007). Contributor, Public Use/Public Purpose after Kelo v. New London, Ch. 1, 2007 Institute on Planning, Zoning and Eminent Domain. Co-author with Glenn H. Sonoda, Providing Infrastructure for Smart Growth: Land Development Conditions, 43 IDAHO LAW REVIEW 351 (2007). Co-editor with Tsuyoshi Kotaka, Taking Land: Compulsory Purchase and Town Planning Law in the Asia Pacific (Honolulu: U.H. Press, 2002; Japanese edition, 2007). Presentations Speaker, “Land Use Issues in Hawai‘i,” ULI/ Hawai‘i, Honolulu, May 11, 2006. Speaker, “An Introduction to U.S. Legal System and Law,” Meijo University, Nagoya, Japan, May 29, 2006. Speaker, “An Introduction to Property Law in the United States” and “Takings Law in the United States,” Nagoya University, Nagoya, Japan, May 30-31, 2006. Speaker, “Kelo and Property Rights,” Annual Libertarian Party Conference, Honolulu, June 4, 2006. Speaker, “Kelo’s Aftermath and Federalism in the Roberts Court,” ABA Annual Meeting, Honolulu, Aug. 4, 2006. Speaker, “A Premature Requiem: ‘Legitimate State Interest’ after Lingle v. Chevron,” Property Rights & the Constitution Conference, San Francisco, California, Sept. 7, 2006. Speaker, “The Takings Clause: Clarified by the U.S. Supreme Court,” Annual Kratovil Lecture, John Marshall Law School, Chicago, Illinois, Sept. 29, 2006. Speaker, “Water Regulation & Land Use,” 2006 International Environmental Law Forum, Beijing, China, Sept. 23, 2006. Speaker, “Key Eminent Domain Concepts” and “Recent Case Law & Legislation,” Eminent Domain Legal Update & Tips, National Business Institute, Honolulu, Oct. 12, 2006. Speaker, “Kelo Revisited: A Condemnation Revolution,” Center for American and International Law, Annual Program on Planning, Zoning and Eminent Domain, Dallas, Texas, Nov. 15, 2006.

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Chair and Presenter, HSBA Biannual Land Use Conference, Honolulu, Jan. 25, 2007. Speaker, “The Right to Exclude” and “Takings after Kelo,” Rocky Mountain Land Use Institute Annual Conference, Denver, Colorado, Mar. 8-9, 2007. Speaker, “Impact Fees and Development Agreements,” Smart Growth Symposium, Boise, Idaho, March 22, 2007. “Takings after Lingle v Chevron, ALI-ABA Inverse Condemnation Course of Study, Phoenix, Arizona, Apr. 13, 2007. Speaker, “Takings in the United States,” 10th Anniversary Conference, Hong Kong, June 22, 2007. Professional Activities Lifetime Achievement Award, ABA Section/State and Local Government Law (2006). Danielle Conway- Jones Publications Co-author with Professors Xuan-Thao Nguyen and Robert Gomulkiewicz, Intellectual Property, Software, and Information Licensing: Law & Practice (BNA Books, 2006 & updates 2007). Survey of United States Government Contracts Law: Policy, Principles and Practice (2nd edition 2006). Technology Transfer Agreements: Licensing of Trade Secrets and Works in Development, ALI-ABA SM049 (Sept. 2006) (solicited). Government Contractor and Grant Researcher Affirmative Defenses Against Patent Infringement, ARMY LAWYER 139 (Jan. 2007). Presentations Invitee, United Nations World Intellectual Property Organization (WIPO) Geneva and United Nations WIPO New York private meetings and Conference on the Protection of Indigenous Peoples’ Traditional Knowledge, May 2006. Speaker, “Intellectual Property Harmonization: Does the World Want It?—Impact of International IP Developments on Social Justice Issues and the Rights of Indigenous Peoples,” ABA Annual Meeting, Honolulu, Aug. 2006. Speaker, National Asian Pacific American Bar Association, 18th Annual Convention: Intellectual Property Licensing Through Different Lenses, Philadelphia, Pennsylvania, Nov. 2006.

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Distinguished Visiting Professor of Law, La Trobe University Faculty of Law and Management, LL.M. in Global Business Law – Course: U.S. Federal Government Contract Law (with emphasis on the 2004 Australian-United States Free Trade Agreement), Victoria, Australia, Dec. 2006. Panelist, Panel Topic: Computers and Licensing: From Contracts and Bankruptcy to Taxation and Government Procurement of Intellectual Property, Section on Law & Computers, AALS Annual Meeting, Washington, D.C., Jan. 4, 2007. Featured Speaker, Topic: The Impact of Western Intellectual Property Law on Indigenous Traditional Knowledge - Critiquing Kim Taylor Reece v. Island Treasures Art Gallery, Inc., Ka ‘Aha Pono Native Hawaiian Intellectual Property Rights Conference, Honolulu, Apr. 20-21, 2007. Speaker, Topic: Indigenous Products – Applying Traditional Wisdom, Koori Business Network’s Indigenous Economic Development Conference 2007: Embracing Business Opportunities, Melbourne, Australia, Apr. 25-27, 2007. Faculty, Defamation in the Digital Age, ALI-ABA, Internet Law for the Practical Lawyer, Washington, D.C., May 10-11, 2007. Featured Speaker, Licensing Indigeneity, Batchelor Institute of Indigenous Tertiary Education, Darwin, Northern Territory, Australia, June 2007. Professional Activities Director, UH Procurement Institute, William S. Richardson School of Law, University of Hawai`i at Mānoa (2000-present). Member, American Law Institute (Dec. 2004-present). Fulbright Senior Scholar, La Trobe University School of Law, Victoria, Australia — researched and lectured on recognition and protection of Indigenous Peoples’ traditional knowledge, cultural heritage, and genetic resources (2006-2007). Awarded $25,000 grant by the Center for Excellence in Native Hawaiian Law, William S. Richardson School of Law, University of Hawai‘i at Mānoa to research comparative law aspects of Aboriginal (Australia), Maori (Aeotearoa/New Zealand), and Native Hawaiian (Hawai‘i) recognition and protection of traditional knowledge in the context of an intellectual property rights regime (2006-2007). Lawrence Foster Presentations Speaker, “Judicial Independence in the United States,” Nanjing Normal University, China, Nov. 2006. Speaker, “American Securities Regulation,” at Nanjing University, China, Nov. 2006.

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Speaker, “International Business Dispute Resolution,” Shanghai Institute for Foreign Trade, China, Nov. 2006. Speaker, “International Commercial Dispute Resolution,” American Chamber of Commerce, Shanghai, China, Feb. 2007. Professional Activities President, East-West Center International Alumni Association, East-West Center Association (EWCA) (July 2005-present). Elected Member of Governing Council, Inter-Pacific Bar Association (2005-present). Member, Organizing Committee, “China Trends,” day-long program organized by the American Chamber of Commerce, Shanghai, China, June 2007. Mark Levin Professional Activities Member, Global Framework Convention Alliance. Justin Levinson Publications Co-author with Kaiping Peng, Valuing Cultural Differences in Behavioral Economics” (UC Berkeley, 2006) (available at SSRN). Co-author with Kaiping Peng, Valuing Cultural Differences in Behavioral Economics, 4 ICFAI JOURNAL OF BEHAVIORAL FINANCE 32 (2007). Presentations Invited Colloquium Speaker, “Social Cognition and the Law: Informing Policy with Science,” Institute for Personality and Social Research, University of California, Berkeley, Jan. 2007.

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Donations to IAPBL From May 2006 to June 2007, IAPBL received donations totaling $16,650. IAPBL would like to acknowledge the following donors for their generous support: All amounts stated in United States Dollars Founding Donors 2006-2007 $5,000 and above

• Case Lombardi & Pettit, Honolulu $2,500 - $4,999

• Quittner Family Charitable Gift Fund, Los Angeles, California • Wagner Choi & Evers, Honolulu

$1,000 - $2,499

• I Love Country Café, Honolulu • Shulze Haynes Loevenguth & Co., Irvine, California • Anna Wu, Hong Kong

$250 - $500

• David Leibowitz, Waukegan, Illinois • Tasuku Matsuo, Tokyo, Japan • Peitzman, Weg & Kempinsky, LLP, Los Angeles, California • Dr. Janis Sarra, Vancouver, Canada

$100 - $249

• Evelyn Biery, Houston, Texas • Edgar & Joan Booth, Glen Rock, New Jersey • Professor Michael Gerber, Brooklyn, New York • Gordon Johnson, New York City • Rabindra S. Nathan, Kuala Lumpur, Malaysia • Orrick, Herrington & Sutcliffe LLP, San Francisco, California • Mieko Pettit, Honolulu • Shinjiro Takagi, Tokyo, Japan • Clayton Utz, Sydney, Australia