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Programme
Nordic
school of Proactive Law Conference 2005
Fusing Best Business Practices with Legal Information Management
and Technology
Please note that
this is a tentative programme and that changes may occur.
June 12th-14th
Main Conference Venue
Stockholm
Chamber of Commerce
June 12th
18-21 Welcome
reception in the evening at the Royal Academy of Sciences (Kungl. Vetenskapsakademien,
KVA)
June 13th
8.30 Registration and coffee
9.00
Introduction - Cecilia Magnusson Sjöberg,
Conference Chair,
Professor of Law, Stockholm University and Royal Academy of Sciences
Research Fellow, Sweden
9.10
Opening keynote -What preventive and proactive law has to offer the
IT business and vice versa -
Edward A. Dauer, Dean Emeritus and Professor of
Law, University of Denver, College
of Law, USA
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Although
this has never been statistically tallied, it seems clear
that legal risk may arise from either a failure of proactive
documentation, or from a flaw in an organization's culture.
People create legal risks, doing just what they believe the
organization expects them to do. Indeed, it is probably true
that whenever law and culture conflict, culture will almost
always win. Legal risk management therefore calls for
attention to both - to thoughtful proactive contracting, and
to pragmatic shaping of a culture of legal compliance and
good governance".
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9.50-10.20
An economist's view of proactive law - Henrik Lando, Professor, Department of
Industrial Economics & Strategy, Copenhagen Business School, Denmark
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Proactivity
is a natural part of law & economics. This presentation
provides an introduction to why contracts and other legal
arrangements should or should not be managed proactively.
The presentation also comprises reflections on the
(economic) effect of regulating or managing legal relations
by technological means. |
10.20-10.40 Coffee break
 SESSION
1 NEW BUSINESS MODELS
Session Chair: Jan Trzaskowski, Research Fellow, Law Department of Copenhagen Business
school, Denmark
10.40
Single sign on market places and other legal challenges -
Nicklas Lundblad, Vice President of Stockholm
Chamber of Commerce, Sweden
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Single
sign on and other usability enhancing features may well lead
to new problems; in creating pro-active solutions we often
find new problems that need to be addressed. Here some
examples of this will be discussed.
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11.20-11.50
E-government - a prospering e-business model -Dag Wiese Schartum, Professor of Law,
University of Oslo, Norway
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E-government is to a large extent about transferring work
from a government agency to other government agencies,
private businesses and individuals. Such outsourcing may
seem to entail a loss of government control and thus a
higher risk of prospective legal conflicts. However,
e-government as a prospering e-business model is about
shifting work to other actors while still retaining control.
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11.50-12.30
Panel discussion - New Business Models
Panel Chair:
Emily M. Weitzenböck, doctoral research scholar
at the Norweigan
Research Center for Computers & Law, University of Oslo, Norway
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The panel
will discuss new forms of business co-operation and
organisations such as virtual organisations, and also the
use of such dynamic networks in public administration.
Panel members:
Nicklas Lundblad, Vice President of Stockholm Chamber of
Commerce, Sweden
Thomas Myhr, senior advisor at the Norwegian Ministry of
Trade and Industry, Norway
Dag Wiese Schartum, Professor of Law, University of Oslo,
Norway
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12.30-13.30 Lunch
SESSION 2 SECURE LEGAL INFORMATION
MANAGEMENT
Session Chair:
Mats Vikström, CSC Nordic Manager Industry
Solutions, GTS, Sweden
13.30
Information resources - the new corporate asset -Jarl Magnusson, Director, Norske
Veritas (DNV),
Information Resource Management, Norway
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Information
has become one of the most significant resources for the
evolving Information Society, or Digital Society as
articulated for this conference. Our ability to manage, use
and control data and information will directly relate to the
trust and confidence we can put in any organisation using IT
systems to effectuate their respective mission. In order to
fully realise the true potential of using digital
information there are a number of Paradigm Shifts we need to
pass through, like going from handling documents to managing
the information content and going from identifying computers
to identifying physical and legal persons. Proactive law
applied to digital information will facilitate the Paradigm
shifts required to realise the full economical potential in
the Digital Society.
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14.00
Vendor collaboration in the digital society -
Babak Sadighi, Swedish Institute for Computer
Sciences, SICS, Sweden
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Traditional
security mechanisms are designed to prevent bad behaviour or
enforce good behaviour of users. For technical or economical
reasons they are not suitable for use in collaborative
environments. Agreements between enterprises prescribing how
they should interact, how their interaction should be
monitored, and what the consequences of their misbehaviour
are, fill the gap where security mechanisms cannot be
employed. Moreover, agreements will allow higher flexibility
for the users to adapt their actions to current, sometimes
unanticipated, situations, something traditional security
mechanisms are unable to. However, managing these agreements
requires security mechanisms, e.g., to ensure integrity of
the agreements and to guarantee secure evidence-gathering
for their fulfilments and non-fulfilments.
This talk will highlight the importance of and the need for
languages and mechanisms supporting specification,
management and enforcement of agreements among collaborating
enterprises. We present some existing approaches and
research developments in this area.
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14.30
The value of information - the business perspective or when law is being
outsourced -
Jonathan Armstrong,
Eversheds,
UK
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This talk
will explain some of the experiences in looking at the value
of information - the legislative background and likely
additional pressure points for global businesses. Jonathan
will illustrate his talk with case studies on issues
likephising, cybersmearing, aggregation, blogging and paid
for placement.
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15.00-15.30
Coffee break
15.30
A business approach to long term archival of electronic documents -
Mikael Dahlin,
Corporate Archivist, Head of Documentation Department, Swedish
Prosecution Authority, Sweden
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E-business discussions about record
management conventionally take its starting point in systems
for different kinds of on-line transactions. Not the least
formal legal requirements of long-term archival of business
records prove in practice to be a true challenge to
management. By proactively taking advantage of information
standards much can be accomplished not only in terms of
legal compliance but also as regards corporate governance.
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16.00
Digital rights management -
Niels Bo Jørgensen, Attorney-at-Law, Johan Schlüter law firm, Denmark
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The
understanding and value of information has changed
concurrently with the development of information
technology. The legal protection of information has been
severely challenged in the information age, but new
technological approaches are emerging. This presentation
provides a discussion on how technology can assist
legislation in this field and how technology can provide a
predictable situation for both providers and users of
information.
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16.30
Do we need electronic signatures and can we trust them? -
Cecilia Magnusson Sjöberg,
Professor of Law, Stockholm
University, Sweden
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Electronic
signatures have come to play a more important role over the
years both in the context of e-commerce and e-government. It
is now high time to reflect upon which security functions
that are in fact needed from a legal point of view in order
to accomplish trusted e-business. A legal risk analysis is
particularly motivated considering that electronic
signatures might give rise to un-founded trust as well as
un-founded mistrust.
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17.00-17.15
Refreshments
17.15-17.45
Panel discussion - Secure Legal Information Management
Panel Chair: Hjördis Halldorsdottir,
Attorney at Law, LOGOS - legal services, Iceland
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The panel will discuss
technical security mechanisms and the law – potentials and
pitfalls.
Panel members:
Per Furberg, LL.M., Attorney at Law, Settewalls Law Firm,
Sweden
Anna Nordén, LL.M., VP Legal and Regulatory Affairs,
TrustWeaver AB, Sweden
Rolf Riisnæs, doctoral research scholar. Research Center for
Computers & Law, University of Oslo, Norway
Fredrik Roos, LL.M., Attorney at Law, Settewalls Law Firm,
Sweden
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19.30 Infodata AB invites to Conference dinner at
Fem Små Hus
June 14th
9.00 Welcome to Day 2 -
Cecilia Magnusson Sjöberg,
Conference Chair
SESSION
3 MANAGING CONTRACTS AND RISKS
Session Chair: Eric M. Runesson Partner at Sandart &
Partners, Sweden
9.20
Proactive Law in Practice:
Safe Sales through proactive contract
management, online and offline -
Helena Haapio, International Contract Counsel, Lexpert
Ltd, Finland
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Even small transactions can
expose a company to a large overall risk. The global reach
of today’s business involves new customer and legal
requirements. Misunderstandings, claims, and disputes are
expensive. Automated processes and forms can multiply the
hazardous impact. Instead of profits, they may be generating
problems at Internet speed. This session suggests that many
of these issues can be resolved through effective
inter-professional collaboration in the planning, design,
and management of sales and contracting processes. Together,
we can secure Safe Sales: embed proactive preventive law
into our clients’ contracting processes, on-line and
offline.
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10.00
E-negotiations -
Eric M. Runesson,
Partner at Sandart
& Partners,
Sweden
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IT has opened up a great
opportunity to use software solutions in order to facilitate
analysis, decision-making and agreement drafting. At the
same time IT has brought forth a new communication channel
for negotiators which have proven to be both good and bad.
This presentation will discuss and demonstrate how
IT-solutions can be used proactively in contract
negotiations and address some of the ways in which the
perils inherent in e-communication can be avoided.
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10.40-11.00
Coffee break
11.00 Websites, new legal risk exposure and
insurance -
Sari Lintumaa, Senior Manager, Aon Finland Oy, Finland
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Websites and new technologies
offer vast opportunities to expand business worldwide,
collect information and communicate faster than ever. On the
darker side of these opportunities hide new legal risks,
such as infringement of intellectual property rights, damage
to computer data or network, and losses sustained due to
denial of service. Legal risk may realize with disastrous
effects. Insurance programs may offer financial help - or
not. Traditional insurance policies still have gaps in
respect of website legal risk exposure. Proactive measures
are needed to manage these risks and to build insurance
cover where possible.
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11.40 Legal risk management in a global,
electronic marketplace -
Jan Trzaskowski, Research fellow, Law Department of Copenhagen Business School, Denmark
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Trade and marketing on the Internet entails a
number of legal risks. This presentation focuses on
cross-border law enforcement and how businesses may manage
the risk of infringing foreign law. This includes a
discussion of both traditional and alternative law
enforcement and questions relating to geographical
delimitation of content on the Internet.
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12.20-13.20
Lunch
13.20
Panel discussion - Managing Contracts and Risks
Panel Chair:
Christina
Ramberg, Professor of Law, Göteborg University, Sweden
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Fusing
contract and risk management with IT: How does it work?
Panel members:
Anette Kavaleff, LL.Lic., Legal Consultant, Oy Kavaleff
Consulting Ab, Finland
Soile Pohjonen, LL.D., Postdoctoral Researcher, Academy of
Finland, University of Helsinki, Finland
Carolyn Paris, A.B., M.A., J.D., M.B.A.; Director of
Professional Systems, Mayer Brown Rowe & Maw, London UK
Anders W. Tell, Consultant, Toolsmiths AB, Sweden
Mats Vikström, CSC Nordic Manager Industry Solutions, GTS,
Sweden
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14.40-15.00
Refreshments
15.00
Summing ups:
How to benefit from proactive law in practice
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Edward A. Dauer, Professor of Law, University
of Denver, College of Law, USA College of Law, USA
Peter Seipel,
Professor of Legal Informatics, Faculty of Law,
Stockholm, Sweden
On the e-business agenda for The Nordic school
of proactive law -
Cecilia Magnusson Sjöberg,
Professor of Law, Stockholm
University, Sweden
16.15 Conference ends
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