Friday, 16 June 2017

Squire Patton Boggs Lawyer

Robin Campbell, CIPP/US, CIPM, and Elliot Golding, CIPP/US, have both transitioned from their roles on Crowell & Moring’s privacy and cybersecurity team to new positions at Squire Patton Boggs’ Washington office.

Campbell, formerly a co-chair of Crowell’s cybersecurity and privacy group, is now co-chairing the Data Privacy & Cybersecurity Group at SPB, where she will focus specifically on automotive issues. Golding, a counselor at Crowell & Moring, took on the role of partner, with a health care speciality.

SPB’s vast network of global offices and perspectives was a draw for both privacy pros. “In this day and age, you need experts on the ground in different jurisdictions,” Campbell said. Of additional interest was the firm’s representation of many different disciplines. “They have a very expansive automotive industry practice, a privacy and cybersecurity space, a product liability space, a strong policy practice space…” she continued, trailing off. These options were hard to resist.

Golding agreed. “I wasn’t running away,” he said, speaking of Crowell & Moring. “They’re wonderful people.” It just so happened that the opportunity at SBP was the perfect fit. Echoing Campbell, he emphasized the importance of  that “global presence,” something he believes provides the best service for clients. After all, “they’re not just thinking about the U.S.,” he said.

The dual move was a serendipitous one. "We weren't a package deal,” Golding said. It just so happened that the six-year-long colleagues were both looking for a new move at the same time, and both ended up landing at SPB. The rest is history.

While the Campbell and Golding have only been with the firm a month, they’ve already begun working hard. “We’ve hit the ground running,” Golding said. “This place is really fantastic. Our colleagues are very excited to be here, and we’re really excited to be here.”

That verve isn’t just trite emotion; it’s already translated into actionable plans for both Campbell and Golding as they consider their future with SPB.

Campbell is particularly focused on expanding her work with autonomous vehicles. “These issues touch on everything in the future of privacy and cybersecurity,” she said. “How are these devices going to change the insurance industry? How are they going to affect the auto industry?” There are additional questions surrounding protecting connected cars from hackers, how to make these vehicles' privacy statements more readable for users, and on and on. “Autonomous vehicles are going to be a huge change in the face of our comer interaction, putting privacy and cybersecurity [in the forefront],” she said. “All these issues I find fascinating.”

For Golding, health care has his interest. “It’s an overstatement to say it’s a rapidly developing area,” he said. “As technology increases, the privacy and cybersecurity issues are changing every day.” He knows he’ll have his hands full.

As to what they’ll bring to the table, Campbell added that beyond their experience and passion, their “east coast perspective” will shed new light on the seemingly countless General Data Protection Regulation issues, which SPB is also working on in earnest. “They need folks here who know how to bring that home,” she said.

Their work will complement Monika Kuschewsky, CIPP/E, who recently joined  Squire Patton Boggs as a partner in its Brussels office. 

Ashurst Lawyer

Ashurst Litigation Prize
The purpose of the prize is to recognise the best performing student in subject 70311 Torts.
The Ashurst Litigation Award is sponsored by Ashurst Australia.
Please read the Conditions of Award for full details of the Prize.
Value and duration
Usually one (1) Recipient will be awarded the Prize at the end of each academic year. The value of this Prize is $1,000 and the Recipient will also receive a certificate of award.
Who is eligible?
The Recipient must be enrolled in a UTS award course and receive a result in subject 70311 Torts in the academic year for which the prize is being awarded.
If 70311 Torts is not offered in the academic year for which the prize is to be awarded, then the donors may:
a) nominate another subject for that academic year; orb) decline to award the prize for that academic year.Course area(s)
LawSelection process
The prize will be awarded to the student with the highest final mark in subject 70311 Torts in the relevant academic year.
In the event that two or more eligible students have the same highest final mark, the following criteria will be considered:
Performance in subject 70311 Torts outside of formal assessment that demonstrates mastery of and engagement in the subject;Whether the student has previously attempted subject 70311 Torts;Overall academic performance in the student's award course, including GPA, whether the student has failed other subjects, received academic cautions or had a finding of misconduct against them.x

Slaughter and May Lawyer

Award-winning jewellery designer, curator and authority in Chinese culture, heritage and design

Slaughter and May is delighted to have Kai-Yin Lo, a world renowned designer of jewellery, accessories, ceramics and a noted historian, cultural advisor and author, to be our guest speaker in the first of our ‘More than Law Cultural Series’.

You and a guest are welcome to join us on 17 October 2016 to learn more about Kai-Yin who is a recognised authority in Chinese culture, traditional and contemporary art and design, the essence of which is represented in her unique creations.

Kai-Yin was the first designer to be awarded the Silver Bauhinia Star by the Hong Kong Government in 2009 and was also the recipient of the Hong Kong Design Centre’s World Outstanding Chinese Designer Award in 2007, a top accolade for a designer of Chinese nationality.
About Kai-Yin’s talk

Having studied European history at Cambridge and London Universities, Kai-Yin learnt Chinese history and heritage through artefacts that appeared in Hong Kong in the 1980’s and 1990’s. She travelled extensively in rural China, studied the Chinese house, its people and habitats, communities and organisation of the family that resulted in three books “Classical and Vernacular Chinese Furniture in the Living Environment” (1998), “Living Heritage - Vernacular Environment in China” (1999), and “House Home Family - Living and Being Chinese” (2005).

Collecting antiques of the Han, Tang and Song dynasties made her aware of Central Asian influences evident in metalware and earthenware. Journeys undertaken from Xian, Lanzhou to Dunhuang and the Northern Silk Road - Kashgar, Iran, Syria and Lebanon (2003-2008) helped Kai-Yin gain knowledge and an understanding on the manners and mores on these Silk Road tracks, as well as influences and inter-relations in design, architecture, ceramics and metalware.

These cross cultural references form a core in her scholarly research and are evident in her jewellery and ceramic designs. Another range of jewellery by Kai-Yin Lo is modern and avant-garde in style.

The present policy “One Belt, One Road” by the Chinese Government is an affirmation and renewed rhetoric of the connectivity in millennia old trade routes that took the fabled products of Chinese silks and textiles across the land route of the Middle East to the Mediterranean.

From the 15th Century, sea routes carried porcelain across the Indian Ocean to Europe and Africa. Trade, the dominant factor of the exchange, led to cross cultural fertilization. “One Belt, One Road” in policy and practice promotes trade, economic and political capital and influence.


More about the Kai-Yin Lo

Kai-Yin Lo as a designer, is one of Asia’s first international brands. Celebrated as a designer of jewellery, accessories and ceramics, she melds the cultural heritages of East and West and interprets them in original, contemporary and highly wearable and usable ways. As a cultural historian and editor of five influential books, ranging from Chinese furniture and living patterns to Song ceramics and Hong Kong design culture, she presents art, design and culture as an inter-related process. She is also the curator and organiser of events held at the British Museum and Asia Society in New York and Hong Kong, and is: a Board Member of the M+Museum and Hong Kong Design Centre; the Principal Visiting Lecturer of Cross Culture at Central Saint Martins College of Art and Design in London; a Member of the Asia Pacific Art Acquisition Committee of the Tate Modern in London; the Visiting Professor of the School of Design at the Central Academy of Fine Arts in Beijing; and a Member of the Global Leadership Council of the Museum of Arts and Design in New York.

Clyde & Co Lawyer

In May 2017, the Prime Minister of Malaysia, Datuk Seri Najib Tun Razak announced that from 1 June 2017, Sabah, Sarawak and Labuan will be exempt from cabotage laws insofar as the carriage of cargo between Peninsula Malaysia and East Malaysia, and vice versa is concerned. While this exemption will not apply to cargo shipment within Sabah, Sarawak and Labuan, the implications of the cabotage lift for shipments to and from these ports are far-reaching.

National cabotage laws came into effect in Malaysia on 1 January 1980,  and permit only Malaysian vessels to engage in domestic shipping.  Foreign vessels are allowed to discharge cargo at any port in Malaysia but are not allowed to move the cargo within the country.

Section 11 of the Merchant Shipping Ordinance defines a Malaysian vessel as being wholly owned by:-

Malaysian citizens; or
corporations which satisfy the following requirements
the corporation is incorporated in Malaysia;
the principal office of the corporation is in Malaysia;
the management of the corporation is carried out mainly in Malaysia;
the majority of the shareholding including the voting share of the corporation is held by Malaysian citizens free from any trust or obligation in favour of non-Malaysians; and
the majority of the directors of the corporation are Malaysia citizens.
Move towards liberalisation

The main objective of the cabotage laws was to safeguard and protect the domestic shipping industry. Following its implementation, this protectionist policy has been liberalised through the years. In 2009, the carriage of containerised transshipment cargo between certain ports in Peninsula Malaysia and East Malaysia was allowed. In 2012, an exception to cabotage laws was made for passenger cruise ships.

Further, there were also exceptions made through the issuance of temporary licenses to allow foreign vessels to engage in domestic shipping when there were insufficient Malaysian vessels to meet shipping demands. However, foreign vessels required an endorsement from the Malaysian Shipowners' Association before these licenses could be obtained. This often left foreign vessels at the mercy of domestic shipowners.

Lifting the cabotage policy

The lift on the cabotage policy is said to be due to the rising cost of consumer goods. Goods exported from East Malaysia are left lying in transit for prolonged periods of time because vessels travelling out of East Malaysia are unable to carry a full load. Consequently, manufacturers in East Malaysia lose their ability to compete in the market because by the time their goods arrive at the port of discharge, the price of those goods are no longer competitive. The delay and issue of vessel frequency has also resulted in increased port charges and the risk of cargo theft.

Additionally, goods transported from Peninsular Malaysia to East Malaysia pass through a long supply chain before being discharged, resulting in increased freight costs. The lack of options and a monopolised shipping industry has led to consumers having to pay the price of a cabotage policy that from the onset sought only to benefit the domestic shipping industry.

Dissenters of the cabotage policy take the position that protectionism discourages the growth of the marine industry in Malaysia and inflates the cost of goods to the detriment of the common man. It is believed that lifting cabotage laws could potentially make East Malaysian ports more accessible, increase trading activities and gain prominence.

Impact of lifting the cabotage policy

The Malaysian shipping industry is not taking well to the lift of the cabotage policy. Shipping companies are anticipating bigger losses following the lift of the ban. The Malaysian shipping industry has been faced with challenges since the 2008 financial crisis and shipping companies are worried that they will not be able to compete with foreign vessel operators.

The real consequences of the lift are yet to be seen. However, the Malaysian Shipowners Association has warned that the increase in external competition will adversely affect Malaysian vessels operating on the previously cabotaged routes. It is anticipated that that domestic shipping companies will likely close shop or relocate their businesses elsewhere.

Cabotage policies are not new and are practiced in numerous other jurisdictions around the world, including the United States. The viability of cabotage policies has consistently been debated but the lift on the policy in Malaysia sends a clear signal that it is not ideal to maintain a policy that functions largely at the expense of domestic consumers. It would be interesting to see if the lift will indeed lower the costs of goods and benefit trade in East Malaysia.

Clyde & Co's trade & marine team in Singapore acts for a number of OSV owners and regularly advises on Malaysian related matters.  When Malaysian legal advice is required, we work closely with Malaysian correspondent lawyers  James P. David, Partner at Shaikh David Raj, james@sdr.com.my

To learn more about the progression in relation to Malaysia's Cabotage policy, please click here.

The authors would like to thank Mr James David of Shaikh David Raj for his assistance in preparing this chapter.

Eversheds Lawyer

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