International Law Section Volume XVIII, No. , Fall 

MIL Editorial Staff hosted by Wayne State University Law School What Can the U.S. Supreme Court and Professor Julia Y. Qin, Faculty Editor Professor John E. Mogk, Faculty Editor the European Court of Justice Learn from Aziza N. Yuldasheva, Senior Editor Kristen L. Hater, Student Editor Tricia L. Roelofs, Student Editor Each Other’s Tax Jurisprudence? Betina Schlossberg, Student Editor Maggie K. Smith, Student Editor Reuven S. Avi-Yonah, Irwin I. Cohn Professor of Law and Director of the International Tax LLM Program, the University of Michigan Law School In the last twenty years, but with • a business relief increasing frequency in the last fi ve, the (a tax deduc- In This Issue European Court of Justice (ECJ) has tion for trans- interpreted the Treaty of Rome aggres- fers of funds to What Can the U.S. Supreme Court and the sively to strike down numerous Member a pension re- European Court of Justice Learn from Each Other’s Tax Jurisprudence? State income tax rules on the ground serve) granted Reuven S. Avi-Yonah ...... 1 that they were discriminatory. For ex- to residents but Reasonable Care Standard for Importers ample, the ECJ has ruled that Finland refused to non- Andrew P. Doornaert ...... 4 cannot grant tax credits for corporate tax residents. Reuven S. Avi-Yonah Buyers Beware, Sellers Beware, or Competitors paid to Finnish shareholders, but refuse Beware? A Comparative View of False Advertising them to foreign shareholders. In another When we compare this line of cases Laws in the United States and China to the U.S. Supreme Court’s treatment Cristina Walters ...... 6 case, the ECJ struck down Germany’s of state taxes under the U.S. Constitu- Providers of Immigration Legal Services and Other rules that restricted the deductibility of Services for Immigrants in Michigan ...... 11 interest to foreign lenders, even though tion (most often under the Commerce Announcing the State Bar's Newly-Launched the rules also applied to tax-exempt do- Clause, but sometimes under the Equal Practice Management Resource Center mestic lenders. Other examples of provi- Protection and Due Process Clauses), Th omas W. Cranmer, President, State Bar of Michigan 12 sions struck down by the ECJ are: the diff erence is striking. In general, the ILS Membership Survey ...... 13 • a dividend tax credit granted to Supreme Court has granted wide leeway Treasurer's Report ...... 16 resident companies but refused to the to the states to adopt any tax system they Minutes of Regular Council Meeting ...... 17 branch of a company having its seat wish, only striking down the most egre- Event Calendar ...... 19 in another Member State; gious cases of discrimination against out Leadership Roster ...... 23 of state residents. Th us, for example, the • a refund of overpaid income tax SBM Offi cers Elected ...... 26 Court has refused to intervene against granted to permanent residents but rampant state tax competition to at- SBM Membership Benefi ts Expanded to Include refused to taxpayers moving to an- PMRC Lending Library and ABA Book Discounts 26 tract business into the state. It has twice other Member State during the tax Letter from the Chair ...... 27 upheld a method of calculating how year; much of a multinational enterprise’s • personal reliefs granted to residents Disclaimer: Th e opinions expressed herein are solely income can be taxed by a state that is those of the authors and do not necessarily refl ect those but refused to non-residents even widely seen as both incompatible with of the International Law Section or the Editors. where they could not benefi t from the methods used by the Federal gov- Th e Michigan International Lawyer is published three times per such reliefs in their Member State of ernment and other countries, and as year by the International Law Section, State Bar of Michi gan, 306 Townsend Street, Lansing, Michigan 48933-2083. residence; potentially producing double taxation. Copyright 2006 International Law Section, State Bar of Mich i gan. © All rights Reserved. 1  ichigan International Lawyer

Submission Guidelines And it has allowed states to impose higher adopted its lenient attitude to state taxa- income taxes on importers than on export- tion before there were federal taxes (the The Michigan International Lawyer, which ers through the use of so-called “single fac- federal corporate tax only began in 1909, is published three times per year by the Interna- tor sales formulas”, under which a business and the federal income tax in 1913, long tional Law Section of the State Bar of Michigan, is pays tax to the state only if it makes sales after the states began taxing income). Michigan's premiere international law journal. Our mission is to enhance and contribute to the public's to residents of the state, but not if it makes Instead, the answer lies in diff erent con- knowledge of world law and trade by publishing sales outside the state. ceptions of federalism. articles on contem po rary inter na tion al law topics On the face of it, this contrast is sur- In the US, the country began as a and issues of general interest. The Michigan International Lawyer invites prising. After all, the ECJ is dealing with loose confederation of sovereign states. unsolicited manuscripts in all areas of international fully sovereign countries, and taxation is Th e issue of state sovereignty loomed interest. Manu scripts should be available in hard one of the primary attributes of sovereignty. large in the formation of the Constitu- copy and electronic format. Manuscripts submit- ted for consideration cannot be returned unless Moreover, the authority of the ECJ to strike tion and thereafter through the civil accompanied by a $5 check or money order made down Member State direct taxes is unclear. war, and the concept of state rights still payable to Wayne State University Law School for Th e Treaty of Rome generally reserves com- resonates strongly today. As a result, shipping and handling. All submissions may be forwarded to the editor petence in direct taxation to the Member In the US federalism means that the at the following address: States, and all EU-wide changes in direct federal government should respect the Professor Julia Ya Qin, Editor taxation have to be approved unanimously sovereignty of the states as much as Michigan International Lawyer by all 25 Member States. Nevertheless, the is compatible with the need to have a Wayne State University Law School 471 W. Palmer ECJ has since the 1980s interpreted the unifi ed country. Taxes are essential to Detroit, Michigan 48202 “four freedoms” embodied in the Treaty of sovereignty, and therefore the Supreme (313) 577-3940 Rome (free movement of goods, services, Court has always maintained a deferen- [email protected] persons and capital) to give it the authority tial attitude to state choices in matters of to strike down direct tax measures that it taxation, even if it resulted in some level views as incompatible with the freedoms. of discrimination against out of staters. Th e Supreme Court, on the other hand, Th e Court intervenes only when the tax has clear authority under the Supremacy is blatantly discriminatory, such as New Michigan Clause to strike down state laws that are Hampshire’s attempt to adopt an income International Lawyer incompatible with the Constitution. As tax only for non-residents who commute Justice Oliver Wendell Holmes observed, into the state. Publication Deadline Dates the U.S. will not be hurt if the power to In the EU, on the other hand, there Fall Issue review federal laws were taken away from is no unifi ed central government, but Articles due July 15 the Court, but it could not survive if the there is a background of bitter wars be- Winter Issue Court lost its power over state legislation. tween sovereign states. As a result, there Articles due November 15 Moreover, the states are not fully sovereign, is a wish among some for the creation of Summer Issue and (unlike Member States that are repre- a “United States of Europe.” Th at goal Articles due March 15 sented in the EU Council), are not even has so far proven elusive, but the focus directly represented in Congress, so that the of the federalists has been to advance it Court could strike down their laws without by enhancing the economic union that (in most cases) expecting an outcry from the underlay the formation of the EU. Th us, other branches of the federal government. the ECJ has taken the lead in trying to What is the explanation for the con- create a meaningful single market. It, trast? Part of the reason is that Member State and the EU Commission (which brings taxes in the EU are more important than many of the tax cases before the ECJ), state taxes in the US, because most taxes in see discrimination in direct tax matters If you know of any upcoming the US are paid to the federal government, as a major obstacle to the achievement of event, please let us know. whereas all taxes in the EU are paid to this goal. Ultimately, many observers feel Contact: Member States. Th us, even high tax states that the ECJ is trying to force Member Professor Julia Ya Qin, Editor like New York or California have income States to abandon the unanimity rule for Michigan International Lawyer tax rates in the low double digits, whereas direct tax matters and even to achieve Wayne State University Law School Member State tax rates can reach 40% (for direct tax harmonization, such as the 471 W. Palmer corporations) and 60% (for individuals). harmonization already used for indirect Detroit, MI 48202 However, this cannot be the whole taxes (consumption taxes, such as VAT, (313) 577-3940 [email protected] answer, because the US Supreme Court are harmonized in the EU by the Sixth 2 VOLUME XVIII, NO. 3, FALL 2006

Directive, adopted by unanimous con- is obligated to allow losses incurred by Th e reason the Court adopted this sent when the EU was much smaller). Marks & Spencer’s foreign subsidiar- approach is clear: Commerce Clause Given this divergence of political con- ies to offset income earned by the UK decisions can be changed by Congress text, can the ECJ and the Supreme Court parent, because under UK rules it can through simple legislation, since the learn something from each other’s tax use losses by domestic subsidiaries to Constitution gives Congress the power jurisprudence? I believe the answer is yes, offset income of the parent. The big to regulate commerce among the states, and that this book illustrates some of the difference, of course, is that the do- but Congress is powerless to overcome lessons each can learn from the other. mestic subsidiaries are subject to tax at decisions under the Due Process Clause. For the U.S. Supreme Court, I the same rate as the parent, while the Th e Court thus expected Congress to believe the EU experience shows that foreign subsidiaries can be in Estonia, intervene and set rules under which it is sometimes too lenient in state tax where there is no corporate tax, or states can force remote vendors to collect matters. In particular, permitting states in Ireland, where the tax rate is only sales taxes. to compete for the location of invest- 12.5%. The ECJ ruled on December Fourteen years have passed, and ment by multinationals by granting tax 13, 2005, that the UK must allow the Congress has not acted. Th e reason is incentives has proven to be very costly loss offsets even though it cannot tax simple: Th e states are not represented in for the states, while not bringing any the foreign subsidiaries. Congress, so Congress cares more about benefi t to the U.S. as a whole (since the It is widely believed that the ECJ the remote sales industry with its power- multinational typically has decided to ruled the way it did in order to force the ful lobby than about state tax revenues. invest somewhere in the U.S. already). political branches of the EU to move In the meantime, the Internet has sprung Such tax competition creates a “race to toward corporate tax rate harmonization, into existence, remote sales now top the bottom”, in which states only grant as the Commission has advocated (to no $100 billion per year, and state sales tax incentives to prevent the multinational avail) for many years. But here the ECJ revenues are rapidly shrinking. from going elsewhere, not because they can learn a lesson from the U.S. Supreme Th e lesson for the ECJ is thus not believe the benefi ts of the investment Court: deciding cases in order to force ac- to decide cases in the expectation that truly justify the cost in foregone tax tion by the legislature can be dangerous. the political branches will act. Many revenue. In Europe, such incentives are Th is rule can be illustrated by the Member States are vehemently opposed banned by the State Aid provisions of Quill case, decided by the Supreme Court to direct tax harmonization. Th e UK, the Treaty of Rome, which are strictly in 1991. Th e case involved a question for example, is more likely to react to interpreted by the Commission and the that had confronted the Court before: losing Marks and Spencer by abolishing ECJ to prohibit all tax incentives that are under what circumstances can a state its domestic loss off set rules than by giv- targeted at particular taxpayers. force retailers that sell into the state by ing up on the unanimity requirement in Unfortunately, the Supreme Court remote means, such as catalogues or direct taxes. Th us, the lesson for the ECJ has recently declined to address this very (nowadays) via the Internet, to collect the is that it should be more careful about issue. In 1998, the City of Toledo granted sales tax due on the purchases? Th e tax dismantling Member States income DaimlerChrysler $280 million in tax in- is clearly due, but relying on the buyers taxes, because such decisions can have centives to expand its factory there, rather to pay it voluntarily is hopeless, so col- unexpected consequences. than move it to Michigan or elsewhere lection by the remote vendor is the only More broadly, I believe comparing in the U.S.. Th e Sixth Circuit Court practical way to enforce the tax. the US and EU experiences shows that of Appeals in Cuno v. DaimlerChrysler In 1967, the Court held that the there is more than one way of construct- held that such targeted tax incentives vendor cannot be made to collect the tax ing a single market without tax distor- violate the Commerce Clause of the US unless it had a physical presence (like a tions, and that some level of distortion Constitution. However, the Supreme warehouse) in the state, relying on both can be accepted. Th us, the U.S. Supreme Court has reversed on the ground that the Due Process and Commerce Clauses Court can aff ord to be a bit more harsh the plaintiff s lacked standing to raise the of the Constitution. Most observers without trampling down on state sover- issue. It is likely that this question will expected when the Court accepted the eignty on tax matters, and the ECJ can arise again with better plaintiff s, and if Quill case that it will overturn that deci- aff ord to be more lenient without creat- so, the Supreme Court should learn from sion, given the phenomenal growth of ing unacceptable barriers to trade and the ECJ and affi rm on the merits. the remote sales industry between 1967 investment within the EU. à What about the ECJ learning and 1991. Instead, the Court held that from the Supreme Court? Here as the physical presence test still applies, well, a recent decision illustrates a but only under the Commerce Clause, From Comparative Fiscal Federalism learning opportunity. In Marks and not the Due Process clause. (Reuven S. Avi-Yonah, Michael Lang, James Spencer, the issue was whether the UK R. Hines Jr. eds., 2006)

3

 ichigan International Lawyer

Reasonable Care Standard for Importers

Andrew P. Doornaert, Miller, Canfi eld, Paddock and Stone, P.L.C.

Companies in- Prior to the Court case, Customs is- customs broker, a customs consultant, or volved in interna- sued a pre-penalty notice alleging the im- a public accountant.6 tional trade were re- porter was negligent because the importer In previous cases, the Court found minded of their legal failed to provide suffi cient information in negligence in the following circum- responsibilities when the entry documents to enable Customs stances: importing goods into to determine the correct classifi cation. • Importer failed to declare assists on the United States in a Th e importer claimed in its defense that its entry documents or thereafter and recent ruling by the it had exercised reasonable care by con- failed to declare that the values stated Andrew Doornaert United States Court sulting its legal counsel, its broker, and in entry documents were not fi nal; of International Customs about the correct classifi cation • Importer lacked record-keeping and Trade (“Court”) issued in May 2006. In of its products. After reviewing facts that showed no eff ort to fully and accu- its ruling, the Court explained its posi- arose during discovery, the Court found rately account for relevant transac- tion on the standard of reasonable care to that the importer consulted a Customs tions; be exercised by importers when import- attorney but did not act in accordance ing goods into the United States.1 with the attorney’s advice. Th e Court • Importer did not even attempt to ver- stated that the act of seeking consultation ify or ascertain correctness contained U.S. v. Optrex with a Customs professional such as an in entry documents regarding the attorney is evidence of compliance, but country of origin of goods supplied In United States v. Optrex America, by exporter and provided by licensed 2 not compliance in itself. Inc., Customs and Border Protection Th e Court concluded that defense customshouse broker.7 (“Customs”) initiated an action claiming of reasonable care operates as a complete that Optrex introduced liquid crystal defense to a negligence claim but the Standard of Reasonable Care display (“LCD”) articles by means of defendant bears the burden of show- Th e General Standard for Reason- negligent material false statements in ing that it “exercised reasonable care 3 able Care provides that “[a]ll parties, violation of 19 U.S.C. §1592. under the circumstances and that the including importers of record or their alleged violation was not caused by its agents, are required to exercise reason- negligence.”4 able care in fulfi lling their responsibilities involving entry of merchandise.”8 Negligence as Defi ned by Customs Th ese responsibilities include, “Customs defi nes negligence as a but are not limited to: provid- violation that ‘results from an act or ing a classification and value acts (of commission or omission) done for the merchandise; furnishing through either the failure to exercise the information suffi cient to permit degree of reasonable care and competence Customs to determine the fi nal expected from a person in the same classifi cation and valuation of merchandise; taking measures circumstances . . . .’”5 Th ere is an expec- that will lead to and assure the tation that if a company does not have preparation of accurate docu- adequate in-house Customs knowledge mentation, and determining or experience to fulfi ll the responsibilities whether any applicable require- identifi ed above, the company will have ments of law with respect to the resources to utilize one or more of 9 the following aids to establish evidence these issues are met. of proper compliance: seeking guidance One may consider if the “importer from the Customs Service through the of record” of today is held to a higher pre-importation or formal ruling pro- standard of reasonable care than the gram, or consulting with an attorney, a importer of ten years ago—because of

4 VOLUME XVIII, NO. 3, FALL 2006 the availability of information provided Andrew P. Doornaert is a senior attorney in the Detroit offi ce of the law fi rm of Miller, on the Customs website in the form of Canfi eld, Paddock and Stone P.L.C., where he provides expertise in the area of customs and informed compliance publication and international trade law. He reduces the costs and liability risks associated with import and published Customs rulings, which can export transactions. His experience includes tariff classifi cation, rates of duty and valuation serve as guidelines on how to value, clas- of imported merchandise, Free Trade Programs (NAFTA, GSP, AGOA, CAFTA), country- sify, and apply special trade program rules of-origin marking and labeling requirements, NAFTA verifi cations, customs compliance to many diff erent imported goods. assessments, customs penalty cases, foreign trade zones, customs bonded warehouses, maqui- Data related to an import transaction ladoras, value added taxes, and other customs considerations that arise in the shipment of such as assists, royalty payments, and a goods between the United States and foreign markets. He also advises companies on export detailed descriptions of the merchandise, control regulations and assists companies to secure export licenses through the Department of may not be easily accessible to persons Commerce, Department of State, and Department of Treasury. He can be reached at (313) or departments responsible for Customs 496-8431 or doornaert@millercanfi eld.com. For more information on Michigan-based compliance. Policies and procedures need Miller, Canfi eld, Paddock and Stone, P.L.C., visit http://www.millercanfi eld.com. to be implemented to ensure that accurate and complete information is provided to Customs. Examples of best practices, Endnotes which may require the help from other 1 Th e reasonable care standard is provided in the North American Free Trade Agreement, departments within a company, include: also known as the Customs Modernization Act or “Mod Act,” which became eff ective (1) building a classifi cation database of in December 1993. their imported parts with the assistance 2 No. 02-00646, 2006 WL 1330333 (Ct. Int’l Trade May 17, 2006). of engineers who are familiar with the specifi cations of the parts, or (2) creating 3 19 U.S.C. §1592, titled “Penalties for fraud, gross negligence, and negligence,” states: a report to compare payments to foreign (a) Prohibition vendors to the declared value of entered (1) General rule goods associated with those vendors, with Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence, or negligence - the assistance of people in accounting. (A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of - Conclusion (i) any document or electronically transmitted data or information, written or oral Although adequate resources need statement, or act which is material and false, or to be dedicated when a company fulfi lls (ii) any omission which is material, or its legal responsibilities in exercising (B) may aid or abet any other person to violate subparagraph (A). reasonable care, the company can ben- 4 Optrex, 2006 WL 1330333, at *17. efit from the additional information 5 Id. at *15 (quoting 19 C.F.R. pt. 171, app. B(C)(1) (2005)). and knowledge. When making sourcing 6 Id. at *17 (quoting H.R. Rep. No. 103-361, at 120 (1993), reprinted in 1993 decisions, a company can better forecast U.S.C.C.A.N. 2670). costs associated with imports as well as possible savings opportunities through 7 Id. (citing U. S. v. Ford Motor Co., 395 F. Supp. 2d 1190 (2005); U. S. v. Yuchius Morality Co., 26 Ct. Int’l Trade 1224 (2002); U. S. v. Golden Ship Trading Co., 25 Ct. trade programs that allow for a reduction Int’l Trade 40 (2001)). in Customs duties. For more information about the reasonable care standard and 8 Id. (citing 19 C.F.R. pt. 171, app. B(D)(6) (2005)). other Customs issues, contact Andrew 9 Id. Doornaert, Esq. à

Section Meetings at-a-Glance To Be Announced for more details see http://www.michbar.org/international/calendar.cfm

5  ichigan International Lawyer Buyers Beware, Sellers Beware, or Competitors Beware? A Comparative View of False Advertising Laws in the United States and China Cristina Walters, 3L, Wayne State University Law School

Introduction receive” and “enjoy the right of free choice substantial segment of their audience; 4 The age-old of commodities or services.” China also 3. that the deception is material, in that adage of “buyers aff ords national redress to corporations it is likely to infl uence the purchasing beware” has be- under its unfair competition protection decision; come a mere il- laws, prohibiting a company from using lusion in the face advertising or other means to “make false 4. that defendant caused its falsely of contemporary or misleading publicity of their com- advertised goods to enter interstate commerce; and Cristina Walters consumer protec- modities as to their quality, ingredients, tion and false ad- functions, usage, producers, duration 5. that the plaintiff has been or is likely to vertising laws. In addition, a dichotomy of validity or origin.”5 Also, unlike the be injured as a result of the foregoing, exists in the way these laws are drawn up United States, China specifi cally prohibits either by direct diversions of sales from and carried out in a democratic country, comparative advertising.6 plaintiff to defendant, or by lessening like the United States, and a communist After briefl y describing the actions of the goodwill which its products country, like China. for false advertising afforded in the enjoy with the buying public.9 The United States has two legal United States, this article seeks to shed It is important to note that to state systems that parallel each other and may light on the legal standards for adver- a claim, intent need not be proven. Th is intersect on appeal: the state and federal tising in China. It also addresses what includes false advertising claims for both court systems. Each system aff ords dif- corporations need to be aware of when statements about competitor products ferent protections and remedies. For advertising in China. individual consumer protection against and statements about a company’s own products. 10 false advertising claims, the federal court False Advertising in system is not an option. Section 43(a) Section 43(a) also “encompasses the United States 11 of the Lanham Act does not give stand- more than blatant falsehoods.” “It em- ing to individual consumers, but gives Actions Under U.S. Federal Laws braces innuendo, direct intimations, and standing to those with a “commercial The United States allows actions ambiguous suggestions, evidenced by the interest” in a company adversely aff ected for false advertising under §43(a) of the consuming public’s misapprehension of the hard facts underlying an advertise- by the false advertising claim.1 However, Lanham Act. Individuals, however, do ment.”12 Th is creates two types of false consumers may seek redress under state not have standing to bring an action un- advertising claims, implicitly false and law but sometimes only after allowing der this act because Congress vested the explicitly false advertisements. Implicitly the company to specifi cally remedy the Federal Trade Commission (FTC) with false claims must be established both situation prior to court action.2 the authority to act as a “watchdog” of by proof that the public reacts to the China’s advertising laws are predi- consumer interests to prevent consumers 7 advertisement as conveying a particular cated on “promoting the sound develop- from fl ooding the federal courts. Only message and by proof that the message is ment of advertising business, protecting the company itself or individuals with a false. Explicitly false claims, on the other the legitimate rights and interests of con- “commercial interest” in it have standing 8 hand, may be proven simply by proving sumers, maintaining the socio-economic to bring an action in the federal courts. the falsity of the statement made.13 order, and enabling advertisements to Th e requirements to state a claim for false advertising under §43(a) are as follows: For the most part, in the United play a positive role in the socialist market States, publishers of newspapers, maga- 3 1. Th at defendant made false statements economy.” Unlike in the United States, zines, and other media sources cannot because of the socialist nature of the about its own product by the use of affi rmatively misleading statements, be held liable for simply publishing the People’s Republic of China, there exist advertisements of their clients.14 It is national laws protecting consumer rights partially correct statements, or by a failure to disclose material facts; thought that liability would impose an and interests, enabling consumers to “ob- unreasonable burden on publishers to tain true information of the commodities 2. that the advertisement actually de- investigate the claims their clients make they purchase and use or the services they ceived or has the tendency to deceive a in their advertisements.15

6 VOLUME XVIII, NO. 3, FALL 2006

Private Actions Under U.S. State Laws class actions brought under state statutes, China and the United States, as the U.S. Because U.S. federal law does not common law class actions require theory federal law safeguards corporations and provide a remedy for consumer harm as proof of reliance on an individual basis, a corporations alone. But the reason for a result of false advertising, many states feat that is never easy.20 such a U.S. system is most likely that the have enacted consumer protection laws result of corporations suing other cor- that encompass corporate tort liability False Advertising in China porations for false advertising inevitably for making untrue representations of benefi ts all consumers instead of only one 16 Consumer Protection Under products. California law, for example, the Advertising Laws of China adversely aff ected consumer—through provides various false advertising actions injunctive relief. for a consumer, including: In General. As of May 2004, China 1. Passing off goods or services as those is the world’s third largest advertising Recent Cases. Recently, Procter & of another; market at $14.5 billion USD, a growth Gamble has had to face the protective of 30% from 2003.21 It is therefore im- 2. Misrepresenting the source, spon- measures of the Chinese government portant to know what companies can and twice. Th e fi rst suit was brought against sorship, approval, or certifi cation of cannot do when advertising in China. As goods or services; P&G for its false advertisement of SKII earlier noted, Chinese law is predicated anti-aging De-Wrinkle Essence.27 A 3. Using deceptive representations or on furthering a “socialist market econ- commercial called the product “miracle 22 designations of geographic origin in omy.” Meanwhile, “[a]dvertisement water” and promised that it would “work connection with goods or services; has become an indispensable part of to help plump out 47 percent of deep 4. Representing that goods or services [Chinese] society. It has more and more lines and wrinkles after 28 consecutive have sponsorship, approval, charac- infl uence on [its] economic and cultural days of usage.”28 Lu Ping, the consumer 23 teristics, ingredients, uses, benefi ts, life.” Claims in advertisements have who brought the action, said she was or quantities which they do not have also been linked to many tragedies and misled by the product’s exaggerated or that a person has a sponsorship, accidents. (During the fi rst six months commercials and had an allergic reac- approval, status, affi liation, or connec- of 1995, two consumers were killed, tion to the product.29 As a result, the tion which he or she does not have; seventy-five—injured, and ten—dis- Nanchang Commercial and Industrial abled. Th is was attributed to, among 5. Advertising goods or services with in- Bureau, the Chinese consumer “watch- other things, “56 television sets and 20 dog,” conducted a study showing that tent not to supply reasonably expect- beer bottles exploding, poorly-made able demand, unless the advertisement P&G lacked authoritative proof for the construction materials, medicine, home 30 17 claim it made in the commercial. P&G discloses a limitation of quantity. 24 electrical appliances, and cosmetics.” ) settled and paid a fi ne of 200,000 yuan However, many states, like Cali- As a result, China has taken many steps ($24,000).31 fornia, require that the plaintiff serve to curb advertising claims. China, un- P&G faced a second suit with respect notice to the intended defendant of like the United States, provides direct to its Pantene Pro-V Shampoo. Th is suit, his or her intention to fi le suit for the redress for false advertisement for both however, was brought by the Zhejian alleged unlawful acts thirty days prior individuals and companies under the Provincial Industrial and Commercial to fi ling the action with the court. Th is same law. China also holds liable the Administration (ZPICA).32 According eff ectively off ers the company an op- advertising agencies that are actually or to P&G’s advertisement, the shampoo portunity to rectify the issue prior to constructively aware of a seller’s misrep- “makes hair ten times more resilient.”33 25 court action, which prevents the state resentations. Th e case, still pending, has drawn atten- courts from being fl ooded with these Th e Chinese advertising law states tion to the lack of adequate advertising types of claims.18 that “the contents of an advertisement laws in China, which one Beijing expert In addition to state statutes address- shall be conducive to the physical and attributed to the lack of a clear defi nition ing false advertising, there also exist com- mental health of the people, shall pro- of “false advertising.”34 mon law actions of fraud or deceit, which mote the quality of commodities and Siemens also faced an investigation require a showing of (1) proof of a false, services, protect the legitimate rights and in China for stating that its refrigerator material representation, (2) “scienter” or interests of consumers, be in compliance “can keep temperature at zero centigrade knowledge or recklessness by defendant with social morality and professional without ice and keep the food or fruit as to falsity of the representation with an ethics, and safeguard the dignity and in- as fresh as the fi rst day when it is put 26 intent to deceive, and (3) justifi able reli- terests of the State.” Th us, the emphasis into the refrigerator.” Th e Industrial and ance by the purchaser upon the misrepre- is on the protection of the consumer as Commercial Administration Bureau of sentation.19 Unlike state statutes, common opposed to competing corporations. Haidian District of Beijing Municipality law requires intent. Furthermore, unlike Th is is a fundamental diff erence between said that Siemens and its lawyers could

7  ichigan International Lawyer not bring out evidence to prove its re- said these promotion techniques are also anyone—among other things. But this frigerator is able to keep food or fruit as against the Consumer Rights Protection may not be a practical recommendation, fresh as on the fi rst day.35 Th us, it seems laws because they mislead consumers.39 and it is still up to the courts to limit the as though the Chinese government is reach of Chinese advertising laws. Mean- not transferring any responsibility onto Making Sense of the Consumer Protec- while, more than two hundred professors the consumer for distinguishing between tion and Advertising Laws in China. have advocated assistance to the ultimate credible and mildly exaggerated ads. From the aforementioned articles and solution, which is having consumers take In addition to commercial ads, suits, it is diffi cult for companies to an active role in learning about the items Chinese law addresses the “eye-catching” know where the line should be drawn they purchase.45 discount advertisements, which appear at with respect to what they can and the doors of many shops.36 For example, a cannot say in their advertisements. Th e Role of Celebrities in Commercial large shopping mall in the Xidan business Th e Chinese laws are so general that Advertisements in China. With the district of Beijing advertised a “spend they could potentially encompass advent of superior technology, consum- $12 get a $6 voucher.” However, the everything as long as it has some ers are privy to more TV channels in advertisement contained fi ne-print stat- sort of adverse aff ect on at least one more places. Following this, come the ing that special goods were not included. person. At a minimum, if a company celebrities who, after gaining popular- A consumer, surnamed Liu, found that intends to make a claim, then it needs ity with the viewing public, are logical many products were not included and to have acceptable scientifi cally proven endorsers for a company’s products. thus claimed the advertisement mislead- evidence from an acceptable and ap- Th us, a private hospital embraced this ing.37 According to the Business Admin- proved laboratory.40 Claims of being reality by having a well-known fi lm istration for Industry and Commerce the “highest-grade” or “the best” are star, Tang Guoqiang, and pop singer, (BAIC), this practice is in violation of the illegal.41 Even statements that are con- Xie Xiaodong, endorse its ability law against unfair competition because sidered overstatements by an average to cure infertility.46 Th e celebrities it catches the attention of the consumer, consumer may be prohibited.42 portrayed the hospital and its staff as and it may result in a fi ne of $1,200 to Standing is also a bit murky in Bodhisattva Guangyin, the goddess $24,000.38 Long Zhibing, an official China. For example, the misleading of mercy. Th e hospital was accused of with Beijing Consumers’ Association, advertisements outside a shopping mall exaggerating the doctors’ medical back- were deemed in violation of the unfair ground and experiences, and the cure competition laws as well as consumer rate for infertility was lower than the protection laws. The complaint was false fi gures off ered in the broadcasted brought by a consumer.43 Does this mean advertisement.47 that consumers can bring suit under the Companies favor celebrity endorse- unfair competition laws of China? Th e ments because it follows that if a prod- Unfair Competition law states that it was uct is good enough for a famous and “formulated with a view to safeguarding beautiful celebrity, then it must be good the healthy development of socialist mar- enough for the general public. A survey ket economy, encouraging and protecting conducted in Beijing showed that 80% fair competition, representing unfair com- of consumers are willing to buy a given petition acts, and protecting the lawful medical product if it is advertised by a rights and interests of business operators celebrity.48 Surprisingly, onlookers are and consumers.”44 Th e law specifi cally ridiculing the Chinese celebrity endors- refers to consumers. So, it seems as though ers for lacking morale when choosing to companies are liable to everyone under endorse a product for which they know these laws, but this is to be expected as all nothing about. Chen Yangbo said that the laws in China tend to promote the “advertisers are taking advantage of the “socialist market economy.” credibility and star appeal of celebrities to In sum, as reiterated further below, reach out to consumers and therefore ce- it may be advisable for the corporations lebrities have the responsibility to ensure advertising in China to conduct proper the authenticity of the ads.”49 Professor and approved research, refrain from Mao Shoulong of Renmin University exaggeration or misleading eye-catching says “it is pointless to rely solely on [the] claims, to not make hyperbolic state- moral discipline of celebrities to prevent ments, and to take care not to off end them from falling foul of the temptation

8 VOLUME XVIII, NO. 3, FALL 2006 to star in such programs…. Common China are a kind of luxury good, [that] speaking, advertising is often a vehicle of sense is all that is needed to judge the the relevant sector of the public will competition through which competitors authenticity of ad claims.”50 pay much more attention to [focusing advocate their products’ superiority. In From a diff erent angle, celebrities on] brands, functions, prices and the the United States, it is accepted that com- are also aff orded protection under the manufacturers of cars, and thus [it is] panies such as Papa Johns claim “better advertisement laws from companies us- more capable of distinguishing diff erent ingredients, better pizza,” that the Ener- ing their image to endorse their products brands of automobiles.”55 gizer Battery company says its batteries without the celebrities’ permission. For In this case, the defendant was clearly “keep going, and going, and going…,” an example, Liu Xiang, the Chinese advertising its products as if they were and that the Garnier Fructis shampoo Olympic 110-meter hurdles champion, those of Toyota in violation of Article 25 commercial states that it “makes hair fi ve brought suit against Life Style newspaper of Chapter 3 of the Chinese Advertisement times stronger.” Conversely, in China for digitally manipulating a photograph Law, which states that “if an advertiser or these advertisements would not survive of him. Th e photograph made it appear advertising agent is to use the names or in one way or another under the current as though Liu was endorsing a Beijing- images of others in advertisements, it shall Chinese laws protecting consumer rights based department store.51 Th e changes in obtain in advance a written consent from and competition. the picture misled the public to believe them.” Defendant also violated Article 5 of Th us, with respect to consumers, that Liu was advertising for the depart- Chapter 2 of the Chinese Unfair Compe- companies should keep in mind the ment store, and thus the claim also fell tition law, which states that it is unlawful following in order to “play it safe” in under the consumer protection laws.52 to use a unique name of another’s famous China: The newspaper, however, maintained commodity to mislead the purchaser 1. Advertisements should not contain that it was doing “normal news reporting into thinking that the product is actu- exaggerated claims, i.e. no “puffi ng”; in using Liu’s photo” and that they “need ally produced by the famous commodity’s 2. Ads should, if they do make any sort 53 not ask his permission in doing this.” producer. Th e court, however, suggested of claim, have a disclaimer on the Liu Xiang prevailed. that consumers would not purchase a car bottom of the screen; It appears that Liu Xiang’s victory based on this misleading advertisement over the newspaper encompassed not because they would apparently pop the 3. Ads should not advocate a level of only his individual rights but also the hood to check the engine’s label prior to quality or function that cannot be rights of consumers in general. Th is is purchasing the car given that it is a luxury substantiated by empirical or scientifi c not a surprise because the Chinese courts and expensive good. evidence from a governmental pre-ap- afford extremely broad protection to Similarly, Shanghai’s Supreme Court proved source; and consumers. Corporations, on the other turned down a lawsuit fi led by Beijing 4. Ads should not advocate consumer hand, are not so lucky. Golden Holiday Travel Service against support unless substantiated by a Ctrip.com for unfair competition. Th e government approved survey; Corporate Competitor Claims in China suit was fi led pursuant to Ctrip advertising 5. Ads for discounts or promotions While consumers in China may itself in its brochures as China’s leading should not claim them to be broader enjoy broad legal protection, research commercial and holiday travel service, than they are. indicates that the standards that plaintiff China’s famous travel brand, and the fi rst corporations must demonstrate far out- company in the country’s travel industry As to avoiding competitor claims, 56 weigh that of consumers. Th e Toyota v. listed in the Nasdaq. Th e court stated, it is difficult to say what companies Zhejian Geely case is a perfect example. however, that the advertisements were advertising in China should keep in Aside from the trademark infringement, not false because the company provided mind, given the cases discussed above. 57 the case involved the unfair competition believable proofs. Chinese advertising However, although corporations have a laws. “Th e defendant’s engines were all law states that companies are not permit- diffi cult time winning suits against other labeled as ‘TTME 8A-FE’ and were ted to claim that they are “the best,” but corporations, it seems as though as long advertised as “Toyota 8--FE Engine the court failed to equate a claim of being as they advocate some sort of consumer manufactured by Toyota’ or ‘Toyota the “leading” travel service with being “the harm resulting from the advertisements, 58 8A-FE Engine from Japan.’”54 Th rough best.” Th is is yet another harsh result for they should and may prevail. this labeling, the defendant was mislead- a plaintiff company. ing customers into thinking the engines Comparison of the U.S. and Chinese were produced by the plaintiff in Japan. Overall Guidance for Companies Laws Against False Advertising Advertising in China However, the People’s Court rejected The United States, as previously What is a company to do in the face the plaintiff ’s claims and found for the stated, has two parallel legal systems, defendant because “automobiles in of these confl icting standards? Generally 9  ichigan International Lawyer federal and state. Th e federal system al- 2 Grodsky, Allen B., Private Consumer 13 Eastern Airlines v. New York Airlines, lows only for corporations to bring suit Actions and Remedies in California, Inc., 559 F.Supp. 1270 (S.D.N.Y. for false advertising under §43(a) of the False Advertising and Commercial 1983) (citing Coca Cola Company v. Lanham Act, which, while providing Speech : Tactical Advice Tropicana Products, Inc., 690 F.2d 312 damages to the plaintiff corporation, es- on Protecting Your Clients, (2d Cir. 1982)). Corporate Law and Practice sentially protects the interests of consum- 14 Tate, Joseph A., Levin, Christine C., Course Handbook Series, PLI Order Brill, Eli R., Private Consumer Remedies ers by eliminating false advertising claims No. B4-7023 (Feb.-Mar. 1993). or unfair comparative ads. The state for False Advertising, Corporate Law 3 The Advertisement Law of the and Practice Course Handbook system provides redress for consumers People’s Republic of China, ch. 1, Series, PLI (Feb.-Mar. 1993). under both statutory and common law. art. 1, iSinoLaw Reference ID: 202– 15 Id. However, state law attempts to limit the 131687 (Feb. 1995). number of suits brought by requiring the 16 The Advertisement Law of the 4 The Law of the People’s Republic plaintiff consumer to provide the corpo- People’s Republic of China, supra of China on the Protection of note 3. ration with notice and a chance to settle Consumer Rights and Interests, prior to fi ling suit. Without this notice, Ch. 2, Art. 8 & 9, iSinoLaw Reference 17 Id. (citing Section 1770 of the 69 the consumer has no standing. ID: 385–131670 (Jan. 1994). California Civil Code). Th e People’s Republic of China, on 5 The Law of the People’s Republic of 18 Ketterman, supra note 1. the other hand, protects the interests of China Against Unfair Competition, 19 Tate, supra note 14. consumers to no end and does so on a ch. 2, art. 9, iSinoLaw Reference ID: 20 Id. national level. (Th e protection is not as 385–131669 (Dec. 1993). strong for the interests of competitors.) 21 What’s in a Name? Euromoney 6 The Advertisement Law of the Institutional Investor PLC, vol. Individuals are free to seek redress at the People’s Republic of China, supra 18, issue 4 (May 2004). slightest exaggeration. Enforcement of note 3, ch. 2, art. 12. consumer rights in China is based on 22 The Advertisement Law of the 7 Ketterman, supra note 1.(Th e FTC, People’s Republic of China, supra claims for damages in tort, the enforce- pursuant to its discretion, brings an note 3. ment of which means liability will result action that is in the public’s interest if the consumer is harmed even if the when it considers an advertisement 23 China: Taking Space to State the Obvious, product or service satisfi es all the relevant to be deceptive. An advertisement, China Daily, Feb. 14, 1995. 60 regulatory requirements. Consumer under FTC standards, is deceptive if it 24 China: Consumer Complaints Focus on may get relief even if a product adversely “contains a representation, practice, or Quality, China Daily, Aug. 1, 1995. affects only one person, making the omission likely to mislead reasonable consumers and if the representation, 25 Snell, Steven L., Th e Development guidelines listed earlier merely guidelines of Competition Policy in the People’s and not guarantees. practice, or omission is material to consumer choice.” Beller, Jenna D., Republic of China, N.Y.U. J. Int’l L. As a result of this dichotomy be- Th e Law of Comparative Advertising in & Pol. (Spring 1996) (citing Article tween the legal standards of China and the United States and Around the World: 9 of the Unfair Competition Laws of the United States, multinational corpo- A Practical Guide for U.S. Lawyers China). rations need to be wary of simply trans- and their Clients,  Int’l Law , 26 The Advertisement Law of the lating their existing advertisements and (Winter, 1995).) People’s Republic of China, supra exhibiting them in another country. Th e 8 Id. note 3, ch. 2, art. 7. law in China, as it currently stands, leaves 27 P&G Accepts Fine for ‘Bogus’ Advertising, much room to remedy the consumer 9 Skil Corporation v. Rockwell International Corp., 375 F. Supp. 777 ISINOLAW (news), Apr. 11, 2005. challenges. In order for the companies to (N.D. Ill. 1974). 28 Id. advertise with more confi dence, Chinese law requires clearer and more defi nitive 10 Paul, Marcia B., Section 43(a) of 29 Id. legislation and/or further and narrower the Lanham Act, Litigation and 30 Id. Administrative Practice Course interpretation by the courts. à Handbook Series, PLI (Nov. 1, 31 Id. 1986). 32 P&G Again Faces False Advertising Endnotes 11 Consumer Unition of the US, Inc. v. Claims, ISINOLAW (news), June 29, 1 Ketterman, Travis, Lanham Act Does General Signal Corp., 724 F.2d 1044 2005. Not Cover Consumer Claims, Loy. (2d Cir. 1983). 33 Id. Consumer L. Rev., (Autumn 1994). 12 Id. 34 Id.

10 VOLUME XVIII, NO. 3, FALL 2006

35 Siemens Faces Possible Punishment 43 Store Advertisements in Rights Rumpus, Institutional Investor PLC, vol. for False Advertising Slogan, China supra note 36. 17, issue 10 (Dec. 2003). Business Daily News, June 10, 2004. 44 The Law of the People’s Republic 55 Id. 36 Store Advertisements in Rights Rumpus, of China Against Unfair 56 Unfair Competition Lawsuit Against China Daily, Jan. 20, 2003. Competition, supra note 5. Ctrip Turned Down, SinoCast China 37 Id. 45 Good Students, Good Consumers, China Business Daily News, June 21, 38 Id. Daily, Feb. 7, 2002. 2005. 39 Id. 46 Shadow Falls on Dubious Ads Stars, 57 Id. China Daily, Sept. 2, 2004. 40 The Advertisement Law of the 58 The Advertisement Law of the People’s Republic of China, supra 47 Id. People’s Republic of China, supra note 3, ch. 3, art. 24. 48 Id. note 3, ch. 2, art. 7 (3). 41 Id., ch. 2, art. 7. Item 3 states that an 49 Id. 59 Grodsky, Allen B, supra note 2. advertisement shall not involve “using 50 Id. 60 Consumer Protection Policies for MNCs words such as State-level, the highest- in China, Euromoney Institutional grade or the best.” 51 Liu Races to Court Win Over Photo, Investor PLC, vol. 19, issue 5 (June China Daily, Dec. 16, 2005. 42 Matchmaking ads listing individuals as 2005). ‘handsome, beautiful, and intelligent’ 52 Id. were misleading advertisements: 53 Id. Shanghai Gets Tough on Exaggerated 54 Trademark Infringement Case Study: Matchmaking Advertisements, Toyota vs. Zhejian Geely, Euromoney ISINOLAW (news), July 29, 2002.

Providers of Immigration Legal Services and Other Services for Immigrants in Michigan MIL Staff

For volunteer opportunities, professional networking, or for general reference, the following sources together present a comprehensive directory of providers of immigration legal services as well as other immigrant services in or near Michigan.

Th e Michigan Immigrant Service Provider Guide has been off ered for some time by the State Bar of Michigan at http://www.michbar.org/public_resources/MI_immigration.pdf It contains a broad list of providers of immigration legal services, as well as translation, referral, education, health, social, employment, consumer, and various other services for immigrants—sorted by location, alpha- betical order, and language. Th e Guide includes detailed descriptions of the services of each organization.

In addition, the U.S. Department of Justice off ers a List of Free Legal Services Providers at http://www.usdoj.gov/eoir/probono/freelglchtMI.htm Th is is a list of organizations and attorneys in the Detroit, Michigan area that provide free immigration legal services and/or referrals for such services to indigent individuals. (Some organizations may charge a small fee to certain low-income individuals.) Th e list contains information about each organization’s services.

11  ichigan International Lawyer

Announcing the State Bar's Newly-Launched Practice Management Resource Center Th omas W. Cranmer, President, State Bar of Michigan

As president of the State Bar of Michigan, I am proud to introduce a new membership benefi t: the Prac- tice Management Resource Center (PMRC). Th is new program will assist members in eff ectively and effi ciently managing the business component of practicing law. It is designed to help attorneys manage everything from outfi tting an offi ce with the latest software that integrates time accounting, billing, and account management, to eff ectively marketing one’s practice. Th e PMRC is accessible through the State Bar’s website at http://www.michbar.org/pmrc/content.cfm. Th e PMRC contains diff erent sections of information. Th e Resources section provides electronic access to articles, features, and forms on a variety of topics, such as business development, fi nancial man- agement, and calendaring and docket control. Th e Legal Software Directory contains links to dozens of Th omas W. Cranmer vendors off ering software applications to assist members in the day-to-day management of a law practice. And in the near future, a lending library will be available for members to search law practice manage- ment publications, tapes, CDs, and other resources. Th ose resources can then be requested online or at the State Bar of Michigan building in Lansing. Th e PMRC also includes a Helpline, which is accessible by phone at 1.800.341.9715 or via e-mail at pmrcHelpline@mail. michbar.org. Th e PMRC Helpline is a confi dential, informal service designed to quickly assist SBM members with practice man- agement issues. Th ose accessing the Helpline can get practical guidance, suggestions, referrals, and information about a variety of practice management topics from a practice-management advisor. In addition to the website, the PMRC has an onsite Educational Center located in the State Bar of Michigan’s headquarters at 306 Townsend in Lansing. Th e Educational Center off ers programs on a variety of topics, including “hands-on” software demonstrations on an informal, individual basis. For example, members and their staff can test-drive legal software in areas such as case management, time accounting, billing, and calendaring functions. We have made eff orts to ensure that members statewide can avail themselves of this new service by taking the programs on the road in both Grand Rapids and Marquette. Bar associations interested in scheduling a program in their area should contact the PMRC Helpline. Th e State Bar strives to be responsive to its members’ needs. Th e PMRC was established in direct response to lawyers asking for help in keeping up with changes in technology, streamlining the way they practice, and en- hancing the service they provide their clients. Many members in larger fi rm settings are simply trying to keep abreast of what tools are available. Others have undertaken career moves as a result of market changes or quality of life choices, placing many in the position of beginning solo and small fi rms midway through their legal careers. Th e PMRC is designed with both sets of needs in mind, providing practical guidance and useful resources. I invite you to visit our website, and call or send an e-mail to let us know what you think. à

12 VOLUME XVIII, NO. 3, FALL 2006 State Bar of Michigan International Law Section Membership Survey

Please complete the International Law Section Membership Survey by visiting http://www.surveymonkey.com/s.asp?u=997552184038.

Below are questions and results of the survey as of September 6, 2006.

Introduction and Meeting Dates ILS and SBM Annual Meeting 1. I attended the ILS Annual Meeting in . . . (check all that apply) 3.Choose one of the following: Response Percent Response Total Response Percent Response Total October 2005 18.6% 11 I prefer to have the ILS Annual 45.2% 19 Meeting in conjunction with October 2004 16.9% 10 the SBM Annual Meeting. October 2003 20.3% 12 I prefer to have the ILS Annual 42.9% 18 October 2002 15.3% 9 Meeting separate from the SBM Annual Meeting. Other (please specify) 69.5% 41 Other (please specify) 11.9% 5 Total respondents 59 (skipped this question) 0 Total Respondents 42 skipped this question 17 Features of the Annual Meeting 2. Rank of Importance (5=most, 1=least) 4. If the ILS Annual Meeting is one full day in duration, I prefer Five Two One Four that it would be held on… Three

Average Response Percent Response Total Response Response Monday 7.1% 3 Interactive 9% 40% 29% 11% 11% 2.76 opportunities (4) (18) (13) (5) (5) Tuesday 0% 0 to practice Wednesday 7.1% 3 international law Thursday 21.4% 9 skills Friday 42.9% 18 Presentations by 5% 9% 9% 27% 50% 4.09 national “experts” (2) (4) (4) (12) (22) Saturday 21.4% 9 in international law Sunday 0% 0 issues Total Respondents 42 Planned recreation 78% 13% 2% 2% 4% 1.42 with attendees and (35) (6) (1) (1) (2) skipped this question 17 spouses (i.e., golf, tennis, skiing, etc.) Presentations by 0% 12% 16% 49% 23% 3.84 5. If the ILS Annual Meeting is more than one day in duration, I Michigan “experts” (0) (5) (7) (21) (10) would prefer that it would be held on … in international law issues Response Percent Response Total Socializing and 7% 24% 44% 11% 13% 3.00 Sunday/Monday 0 0 networking (3) (11) (20) (5) (6) Monday/Tuesday 7.1 3 Total Respondents 45 Tuesday/Wednesday 7.1 3 skipped this question 14 Wednesday/Thursday 7.1 3 Thursday/Friday 31 13 Friday/Saturday 35.7 15 Saturday/Sunday 9.5 4 Sunday/Monday 2.4 1 Total Respondents 42 skipped this question 17

13  ichigan International Lawyer

6. If the ILS Annual Meeting is held separate from the SBM 11. Th e best time of day to “attend” a tele-seminar or web-seminar Annual Meeting, I would prefer that it be held at (choose one) . . . is from … Response Percent Response Total Response Percent Response Total Northern Michigan resort (i.e., 9.5% 4 8 a.m. to 9 a.m. 9.5% 4 Traverse, Boyne, Mackinaw, etc.) 9 a.m. to 10 a.m. 4.8% 2 Mid Michigan resort (i.e., Mt. 4.8% 2 10 a.m. to 11 a.m. 14.3% 6 Pleasant) 11 a.m. to noon 0% 0 Lansing hotel/conference 0% 0 center/resort Noon to 1 p.m. 16.7% 7 Southwest hotel/conference 2.4% 1 1 p.m. to 2 p.m. 14.3% 6 center/resort (i.e., Grand 2 p.m. to 3 p.m. 2.4% 1 Rapids, Holland, Kalamazoo, etc.) 3 p.m. to 4 p.m. 4.8% 2 South East hotel/ 42.9% 18 4 p.m. to 5 p.m. 21.4% 9 conference center/resort (i.e., Detroit, Troy, Port Other (please specify) 11.9% 5 Huron, Plymouth, etc.) Total Respondents 42 Rotation of locations 38.1% 16 skipped this question 17 Other (please specify) 2.4% 1 Total Respondents 42 skipped this question 17 12. If the ILS were to develop one hour tele-seminars or web- 7. We are interested in any additional comments you have regarding seminars, I would be likely to attend these … the ILS Annaul Meeting. Response Percent Response Total Total respondents: 6 Skipped this question: 53 Monthly 21.4% 9 Bi-monthly 21.4% 9 General Topics Quarterly 35.7% 15 8. I would be content to receive my International Law Section news- Bi-Annually 14.3% 6 letter, published six times each year, ONLY via an e-mail or listserv Yearly 0% 0 communications. Other 7.1% 3 Response Percent Response Total Total Respondents 42 Yes 69% 29 skipped this question 17 No 31% 13 Total Respondents 42 skipped this questions 17 13. Topics for one hour tele-seminars or web-seminars that would interest me include: 9. I would be interested in “attending” via telephone a one hour tele- total respondents: 18 Skipped this question: 41 seminar on a relevant ILS topic. Response Percent Response Total Membership in the ILS Yes 71.4% 30 14. Would you be interested in participating in a trip to meet with attorneys in other countries to discuss international law issues (i.e., No 28.6% 12 the United Kingdom, Europe, Cuba, Russia?) Total Respondents 42 Response Percent Response Total skipped this questions 17 Yes 57.5% 23 No 42.5% 17 10. I would be interested in “attending” via the Internet a one hour Total Respondents 40 web cast seminar on a relevant ILS topic. skipped this question 19 Response Percent Response Total Yes 76.2% 29 15. Would you participate in an annual International Law Institute No 23.8% 10 — State of the Law “event”? Total Respondents 42 Response Percent Response Total skipped this questions 17 Yes 82.5% 33 No 17.5% 7 Total Respondents 40 skipped this question 19

14 VOLUME XVIII, NO. 3, FALL 2006

16. I am also a member of the following SBM Sections: (check all 17. I would describe my practice as follows (choose the one that that apply) most closely applies): Response Percent Response Total Response Percent Response Total I am a litigator who 5% 2 Administrative Law 3.3% 1 participates in international American Indian law 0% 0 dispute resolution I am a transactional 40% 16 Animal Law 0% 0 attorney who practices in the U.S. and/or Antitrust, Franchising, Trade 0% 0 abroad Regulation I practice immigration law 17.5% 7 Appellate Practice 3.3% 1 Other (please specify) 37.5% 15 Arts, Communication, 10% 3 Entertainment & Sports Total respondents 40 Aviation Law 0% 0 skipped this question 19 Business Law 50% 15 18. If you spend any of your professional time providing Children’s Law 0% 0 international legal services, in what area(s) would you describe Computer Law 6.7% 2 these services. Response Percent Response Total Consumer Law 3.3% 1 Consulting 36.8% 14 Immigration 31.6% 12 Criminal Law 6.7% 2 Family 5.3% 2 Environmental Law 3.3% 1 Civil Litigation/Enforcement/ 21.1% 8 Dispute Resolution Elder Law and Advocacy 0% 0 Contracts 47.4% 18 Family Law 10% 3 Joint Ventures/Alliances/ 39.5% 15 Mergers and Acquisitions General Practice 6.7% 2 Tax 5.3% 2 Health Care Law 0% 0 Customs/Trade Compliance 26.3% 10 Intellectual Property Law 3.3% 1 Other 10.5% 4 Total Respondents 38 International Law 40% 12 skipped this question 21 Labor & Employment Law 6.7% 2 19. I would be interested in becoming involved with the ILS as Latin American Bar Activities 0% 0 follows (select all that apply): Law Practice Management 0% 0 Response Percent Response Total Legal Administrators 0% 0 Contributing to the 25% 10 International Law Section Litigation Law 3.3% 1 Newsletter Negligence Law 3.3% 1 Developing and delivering 17.5% 7 a one hour tele-seminar or Prisons & Corrections 0% 0 web-seminar on a relevant ILS topic Probate & Estate Planning 0% 0 Being considered for a 22.5% 9 Public Corporation Law 0% 0 position on the Section Council Real Property Law 13.3% 4 Being considered for a 17.5% 7 Senior Lawyers 0% 0 leadership role with the Section Council Social Security Law 0% 0 Website committee 5% 2 Taxation 0% 0 Customs committee 12.5% 5 Immigration Law committee 22.5% 9 Workers’ Compensation 0% 0 International Dispute 10% 4 Other 16.7% 5 Resolution committee International Family Law 5% 2 Total Respondents 30 committee skipped this question 29 International Tax committee 2.5% 1 Business Law committee 27.5% 11 Not at this time 27.5% 11 Other (Please specify) 5% 2 Total Respondents 40 skipped this question 19

15  ichigan International Lawyer

20. If you indicated an interest in becoming involved with the ILS, would you please tell us who you are and how to best contact you? Total Respondents: 19 skipped this question: 40

Remember, if you haven't already done so, please complete the International Law Section Membership Survey by visiting http://www.surveymonkey.com/s.asp?u=997552184038. à

Treasurer's Report

International Law Section Submitted by Piotr Swiecicki, Treasurer

Year To Date For the Ten Months Ending July 31, 2006 Income: International Law Section Dues 12,340.00 International Stud/Affi l Dues 60.00

Total Income 12,400.00 Expenses: ListServ 250.00 Meetings 1,216.24 Annual Meeting Expenses 600.01 Travel Expenses 220.06 Copying 35.05 Newsletter 3,485.69 Postage 0.87 Miscellaneous 2,542.38

Total Expenses 8,350.30 Net Income 4,049.70 Beginning Fund Balance: 30,312.96 Fund Bal-International Law Sec

Total Beginning Fund Balance 30,312.96 Ending Fund Balance 34,362.66

16 VOLUME XVIII, NO. 3, FALL 2006 Minutes of Regular Council Meeting Scott Fenstermaker, Secretary

Wednesday April 26, 2006 from Judge Roberts, including the Jessup International Moot Court Lawyer at the Courthouse and Law Competition. Th e Chair thanked mem- On Wednesday April 26, 2006, the Day programs and encouraged mem- bers of the section for their participation Council of the International Law Sec- bers of the section to participate. Th e as judges in the Jessup International tion of the State Bar of Michigan held Chair indicated a personal intent to Moot Court Competition and praised the a Council Meeting at the University of volunteer on May 2, 2006 and invited quality of law student competitors. Th e Michigan Law School in Ann Arbor, interested members to call him for fur- University of Michigan Law School Team Michigan pursuant to notice duly cir- ther information about the programs. advanced to the International Round in culated to all Section members. In the • Public Policy Committee. Th e Public Washington, DC and received an award absence of the Secretary, Christi Patrick Policy Committee delivered a report to for the best international memorial. Th e took minutes. the Chair. Th e Chair invited members Wayne State University Team received Call to Order. Th e Chair, Bruce D. interested in attending Public Policy Second Place in its regional competition Birgbauer, called the meeting to order Committee meetings to contact him. and received oralist and brief awards. at 4:10 p.m. • Emphasis on Globalization. Lois Bing- Introductions. Section members ham discussed the annual meeting of Committee/Programs Report: • and guests in attendance introduced the section to be held on September Law School Scholarship Program. Th e themselves and described their profes- 14, 2006 in Ypsilanti, Michigan. Con- Chair announced that the Law School sional affi liations. sistent with the section’s theme this Scholarship Program is intended year of “Emphasis on Globalization”, to award students for outstanding Approval of Minutes. Th e Minutes the topic of the meeting will be “Go- articles on international legal issues. of the Regular Meeting of the Council ing Global: A Summary of the Key Th e program will be discussed at the of the International Law Section held Legal and Business Issues Involved June 20, 2006 brainstorming meeting on January 24, 2006 were presented for in Structuring and Operating Manu- at the Detroit Athletic Club. review and approval. Upon motion duly facturing Companies in Mexico and • Business Law Committee. Th ere was no made, seconded, and unanimously car- Latin America.” Section business will report from the Business Law Com- ried, the Minutes were approved by all be discussed at the section meeting at mittee. Th e report will be given at the members in attendance. 2 p.m., followed by a presentation by June 20, 2006 brainstorming meeting Treasurer’s Report. Th e Treasurer speakers from 3 – 5 p.m. and recep- at the Detroit Athletic Club. presented the Treasurer’s Report for the tion. Additional information will be • Customs Committee. There was no two months ending March 31, 2006. published in the June edition of the report from the Customs Committee. Th e income was $12,330.00 and ex- Michigan Bar Journal. Th e report will be given at the June penses were $6,430.72 for a net income • Brain Storming Meeting. Th e annual 20, 2006 brainstorming meeting at of $5,899.28 for the year to date. When Section brainstorming meeting will the Detroit Athletic Club. added to the beginning fund balance of be held June 20, 2006 at the Detroit • Immigration Law Committee. Clara $30,312.96, the section had an ending Athletic Club in Detroit, Michigan. DeMatteis Mager reported that there fund balance of $36, 892.71. Upon All section members are invited to are numerous hotly contested issues motion duly made, seconded, and unani- attend the meeting to discuss the involved immigration reform, includ- mously carried, the Treasurer’s Report strategies and goals of the section for ing the introduction of legislation was approved as presented. the upcoming year. Th e meeting will involving potential felony penalties Chairman’s Report: be followed by a dinner. for attorneys providing assistance to • out of status individuals. Th e Council Th ank you to the University of Michigan Michigan International Lawyer. Th e may evaluate whether to take positions Law School. Th e Chair thanked the Chair thanked the staff of the Michigan on legislation at the June 20, 2006 University of Michigan Law School International Lawyer for their work on the brainstorming meeting at the Detroit and staff for hosting the meeting. past issue. Christi Patrick, outgoing Senior • Athletic Club. Judge Victoria Roberts Pro Bono Pro- Editor of the MIL thanked the section for • International Dispute Resolution Com- grams. Th e Chair discussed the pro its support and introduced Aziza Pratt, the mittee. Randolph Wright invited bono programs described in a letter incoming Senior Editor. 17  ichigan International Lawyer

interested section members to contact proved to fund the use of the survey on • Next Meeting. Th e Chair announced him regarding serving on the commit- SurveyMonkey.com. that the next meeting will be held on tee. Old Business. Th ere was no addi- June 20, 2006 at the Detroit Athletic • International Family Law Committee. tional old business. Club. Jan Rewers McMillan is actively speak- Adjournment. There being no ing on issues of international family New Business: • Potential Award for Section Member further business, the meeting was ad- law to groups and law schools. journed. • International Tax Committee. Th ere at Annual Meeting. Th e section will was not a report from the Interna- discuss at the brainstorming meeting Following Adjournment, the guest tional Tax Committee. The report on June 20, 2006 whether to give an speaker, Prof. Steven R. Ratner of Uni- will be given at the June 20, 2006 award to a section member at the an- versity of Michigan Law School, gave a brainstorming meeting at the Detroit nual meeting. presentation entitled International Law • Athletic Club. State Bar Leadership Meeting. The and Terrorism. à • Website Committee. Th ere was no re- Chair and Lois Bingham will attend port from the International Tax Com- the State Bar Leadership Meeting and mittee. Th e report will be given at the give a report to the section. Respectfully submitted, • June 20, 2006 brainstorming meeting State Department Treaty Advisory Panels. Scott T. Fenstermaker, Secretary at the Detroit Athletic Club. Prof. Paul Dubinsky announced that International Law Section, the United States Department of State State Bar of Michigan Survey of International Law Sec- has a private and public international tion Members. Randolph Wright dis- law advisory panel to evaluate the im- tributed a draft of a proposed survey to pact of treaty implementation. Stuart be given to section members in order Demming and Prof. Dubinsky will to evaluate and improve the ability of discuss potential section involvement the section to meet member needs. and provide a report to the section at Upon motion duly made, seconded, a future meeting. and unanimously carried, $200 was ap-

18 VOLUME XVIII, NO. 3, FALL 2006 Event Calendar: Meetings, Seminars, & Conferences of Interest

September 7, 2006 September 14-15, 2006 September 20-22, 2006 ABCs of Family Immigration and AILA 2006 Fall CLE Conference International Association of Procedural Law Naturalization Law for Newer Practitioners New York, NY Colloquium: Th e Reception and Diff ussion (Web Seminar) http://www.aila.org/content/default.aspx?bc=1010 of Civil Procedure Law in the Global Teleconference Society- From the Aspect of Legal Assistance September 14-15, 2006 http://www.aila.org/content/default.aspx?bc=1010 33rd Annual Conference on International and Legal Education Kyoto, Japan September 8-10, 2006 Antitrust Law and Policy International Conference on Islamic Legal New York, NY www.asil.org/events/calendar.cfm Studies http://www.asil.org/events/calendar.cfm September 26, 2006 Cambridge, MA Update on Hague Service Convention September 15, 2006 www.asil.org/events/calendar.cfm International Law after the Age of Th ree Washington, DC www.asil.org/events/calendar.cfm September 10-11, 2006 Worlds: Comparative and Historical China Business Summit 2006: Sustainable Perspectives September 26, 2006 Growth through Innovation: China’s Washington D.C. Examining the Implications of Hamdan v. Creative Imperative www.asil.org/events/calendar.cfm Rumsfeld Beijing, China Washington, DC September 15, 2006 www.asil.org/events/calendar.cfm International Mediation www.asil.org/events/calendar.cfm September 10-14, 2006 New York, NY September 26, 2005 International Association of Law Libraries http://www.ibanet.org/conferences/Conferences_home.cfm Petitions for Review 25th Annual Course Teleconference September 15-17, 2006 St. Petersburg, Russia International Mediation Skills Training http://www.aila.org/content/default.aspx?bc=1010 www.asil.org/events/calendar.cfm Programme- Mediating Across Borders September 29, 2006 September 11-14, 2006 Chicago, IL Th e Responsibility to Protect: Th e Case of Th e 6th Annual International Conference on http://www.ibanet.org/conferences/Conferences_home.cfm Sudan Terrorism’s Global Impact Washington, DC Herzliya, Israel September 16, 2006 AILA Fall Board of Governors Meeting www.asil.org/events/calendar.cfm www.asil.org/events/calendar.cfm New York, NY September 29-30, 2006 September 11-22, 2006 http://www.aila.org/content/default.aspx?bc=1010 Judgment at Nuremberg: Symposium, Seminar on the Legal Framework of Water Commoration, Documentary Reserve Management September 17, 2006 IBA 2006 Conference St. Louis, MO Rome, Italy Chicago, IL www.asil.org/events/calendar.cfm www.asil.org/events/calendar.cfm http://www.ibanet.org/conferences/Conferences_home.cfm October 3, 2005 September 12, 2006 Surviving the H-1B Cap (Web Seminar) Consular Processing Your Family-Based September 17-22, 2006 2006 International Bar Association Web Seminar Immigrant Visa through an Overseas CIS Conference http://www.aila.org/content/default.aspx?bc=1010 Offi ce Chicago, IL October 5, 2006 Teleconference www.asil.org/events/calendar.cfm Live from the SEC: A Review of Recent http://www.aila.org/content/default.aspx?bc=1010 Developments in International Securities September 19, 2006 September 13-15, 2006 Regulation and Enforcement Annual Meeting of the State Bar of Advanced Family Practice (Web Seminar) Teleconference Teleconference & Videoconference Michigan www.abanet.org/intlaw/meet/home.html Ypsilanti, MI http://www.aila.org/content/default.aspx?bc=1010 October 5-6, 2006 http://www.michbar.org/international/calendar.cfm September 19-20, 2006 2006 Annual Meetings of the International International Trust and Estate Plannning September 14, 2006 Monetary Fund and the World Bank Group Boston, MA Annual Meeting of the International Law www.asil.org/events/calendar.cfm Section Singapore Ypsilanti, MI www.asil.org/events/calendar.cfm http://www.michbar.org/international/calendar.cfm

19  ichigan International Lawyer

October 6-7, 2006 October 18-20, 2006 November 3-4, 2006 Th e Nuremberg Crimes Trial and Its Policy International Conference on Governance, Global Forum on Competition and Trade Consequences Today Institutions, and Networks Law Conference - Competition Law in Bowling Green, OH St. Augustine, Trinidad and Tobago, West India www.asil.org/events/calendar.cfm Indies Delhi, India www.asil.org/events/calendar.cfm http://www.ibanet.org/conferences/Conferences_home.cfm October 9-11, 2006 International Conference on Law and October 19-20, 2006 November 5-10, 2006 Technology AILA Fundamentals of Immigration Law Th e 3rd Annual Legal Spanish and the Cambridge, MA Practice Conference Culture of Law in Mexico CLE www.asil.org/events/calendar.cfm Seattle, WA Guadalajara, Jalisco, Mexico http://www.aila.org/content/default.aspx?docid=18282 http://www.aila.org/content/default.aspx?bc=1010 October 9-12, 2006 3rd Annual Seminar on International October 24, 2006 November 6-24, 2006 Commercial Arbitration: How to Handle a Winning Fraud Waivers in IR Cases (Web Public International Trade Law Course BIT Arbitration under the ICSID Rules Seminar Sydney, Australia Washington, DC Web Seminar http://www.asil.org/events/calendar.cfm http://www.ibanet.org/conferences/Conferences_home.cfm http://www.aila.org/content/default.aspx?docid=18282 November 7, 2006 October 12, 2006 October 26-27, 2006 Till Death Do Us Part: Representing the Bi-Specialization Six Months Later Business Law Management Married and Soon-to-be Married (Web Teleconference Beijing, China Seminar) http://www.aila.org/content/default.aspx?bc=1010 http://www.ibanet.org/conferences/Conferences_home.cfm Web Seminar http://www.aila.org/content/default.aspx?bc=1010 October 12-13, 2006 October 26-28, 2006 European In-House Counsel 2006: Th e American Branch of the International November 8, 2006 Defi nitive ‘One-Stop Shop’ for the In- Law Association 2006 International Law 2nd Annual Legal Dimensions in Climate House Lawyer Weekend Change Conference Paris, France New York, NY Washington, DC http://www.ibanet.org/conferences/Conferences_home.cfm http://www.asil.org/events/calendar.cfm www.asil.org/events/calendar.cfm October 12-14, 2006 October 26-28, 2006 November 8-11, 2006 Cultural Heritage Issues: Th e Legacy of Canadian Council on International Law ABA Section of International Law 2006 Conquest, Colonization, and Commerce 2006 Conference Fall Meeting Salem, OR Ottawa, Ontario, Canada Coral Gables, FL www.asil.org/events/calendar.cfm www.asil.org/events/calendar.cfm www.abanet.org/intlaw/meet/home.html October 13-14, 2006 October 27-28, 2006 November 9, 2006 10th Annual Competition Law Conference China Business Law Conference Social Security Administration No-Match Fiesole, Italy Beijing, China Letters, Th en and Now http://www.ibanet.org/conferences/Conferences_home.cfm http://www.ibanet.org/conferences/Conferences_home.cfm Teleconference http://www.aila.org/content/default.aspx?bc=1010 October 13-14, 2006 October 28-November 5, 2006 20th Annual AILA Central Florida Chapter International Human Rights Network November 9-10, 2006 Immigration Law Seminar Training Program: Human Rights Fieldwork- Young Lawyer’s Construction Conference St. Pete Beach, FL Principles, Strategies and Skills Brussels, Belgium http://www.aila.org/content/default.aspx?docid=18530 Maynooth, Ireland www.ibanet.org/conferences/Conferences_home.cfm www.asil.org/events/calendar.cfm October 17, 2006 November 9-12, 2006 Wild, Wacky, and Wonderful: Th e November 2-4, 2006 International Economic Law Interest Unique Position of Canadians in the U.S. 2006 AILA Chpater Fall Conference Group of ASIL 2006 Conference - Immigration System Vallarta, Mexico International Economic Law: Th e State and Teleconference http://www.aila.org/content/default.aspx?docid=18530 Future of the Discipline http://www.aila.org/content/default.aspx?docid=18530 Bretton Woods, NH November 2-4, 2006 http://www.asil.org/events/calendar.cfm October 17-18, 2006 19th Annual AILA California Chapters WIPO Arbitration Workshop Conference November 10-11, 2006 Geneva, Switzerland Monterey, CA Construction Projects from Conception to www.asil.org/events/calendar.cfm http://www.aila.org/content/default.aspx?bc=1010 Completion Brussels, Belgium November 3-4, 2006 2006 AILA MidSouth Chapter Conference http://www.ibanet.org/conferences/Conferences_home.cfm New Orleans, LA http://www.aila.org/content/default.aspx?bc=1010

20 VOLUME XVIII, NO. 3, FALL 2006

November 14, 2006 January 19, 2007 I Want to Vote NOW! Litigating AILA 2007 Midyear CLE Conference Naturalization Delays in Federal Court San Jose, Costa Rica (Web Seminar) http://www.aila.org/content/default.aspx?bc=1010|17863 Web Seminar http://www.aila.org/content/default.aspx?bc=1010 January 26 - January 27, 2007 Second International Conference on Th e November 16, 2006 Making Law Work: Environmental Ethics of National Security Intelligence Compliance and Sustainable Development Springfi eld, Virginia Washington, DC http://www.asil.org/events/calendar.cfm www.asil.org/events/calendar.cfm February 26 - March 2, 2007 Sixteenth International Congress of November 20-December 8, 2006 Public International Trade Law Course Maritime Arbitrators Cairo, Egypt Singapore http://www.asil.org/events/calendar.cfm http://www.asil.org/events/calendar.cfm March 22, 2007 November 23-24, 2006 World Economic Forum in Turkey: Investment Law Arbitration and Human Rights Connecting Regions - Creating New Opportunities Washington, DC Istanbul, Turkey http://www.asil.org/events/calendar.cfm http://www.asil.org/events/calendar.cfm March 16, 2007 AILA Spring CLE Conference November 30, 2006 Cutting-Edge Issues in E Visas Washington, DC Teleconference March 26-27, 2007 http://www.aila.org/content/default.aspx?bc=1010 International Legal Studies Program’s 25th Anniversary Celebration – American November 30-December 1, 2006 2nd NYU/IBA International Tax Law University Washington College of Law Conference Washington, DC New York, NY http://www.asil.org/events/calendar.cfm http://www.ibanet.org/conferences/Conferences_home.cfm March 28, 2007 - March 31, 2007 101st ASIL Annual Meeting December 7-9, 2006 Going International: Fundamentals of Washington, DC International Business Transactions http://www.asil.org/events/calendar.cfm Washington, DC www.asil.org/events/calendar.cfm Council Meeting TBD December 13, 2006 http://www.michbar.org/international/calendar.cfm 9th Annual AILA New York Chapter Other AILA events Immigration Law Symposium New York, NY http://www.aila.org/content/default.aspx?bc=1010 http://www.aila.org/content/default.aspx?bc=1010|17863 Other ABA Section of Int’l Law events http://www.abanet.org/intlaw/meet/home.html December 20-21, 2006 Th e World Trade Organization General Other ASIL events Counsel http://www.asil.org/events/calendar.cfm Geneva, Switzerland Other IBA events www.asil.org/events/calendar.cfm http://www.ibanet.org/conferences/Conferences_home.cfm January 6, 2007 Roundtable on Teaching International Law Washington, DC http://www.asil.org/events/calendar.cfm

21  ichigan International Lawyer

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22 VOLUME XVIII, NO. 3, FALL 2006 State Bar of Michigan International Law Section Leadership Roster 2005-2006

CHAIR: Frederick B. Smith Marc C. McGuire Bruce D. Birgbauer Offi ce of Assistant Chief Counsel/ Delphi Corp Miller, Canfi eld, Paddock & Stone US Customs and Border Protection 5725 Delphi Dr 150 W. Jeff erson #2500 477 Michigan Ave #281 MC 480-414-420 Detroit, MI 48226-4415 Detroit, MI 48226 Troy, MI 48098 Telephone: (313) 496-7577 Telephone: (313) 442-0378 Phone: (248) 813-2517 Fax: (313) 496-8451 Fax: (313) 226-5559 Fax: (248) 813-3251 Email: birgbauer@millercanfi eld.com Email: E-mail: [email protected] [email protected] CHAIR-ELECT: Andrew Segovia Lois E. Bingham Piotr Swiecicki General Motors Corporation Yazaki North America Inc Baker & McKenzie 300 Renaissance Center 6901 Haggerty Road 3 W. Lane MC 482-C25-C22 Canton MI 48187 Dearborn, MI 48124 Detroit, MI 48265 Telephone:(734) 983-5404 Telephone: (313) 510-6450 Telephone: (313) 665-4745 Email: [email protected] Email:[email protected] Fax: (313) 665-4695 Email: [email protected] SECRETARY: Term Expiring 2007 Sheryln L. Adle Nicholas J. Stasevich Scott T. Fenstermaker Compuware Corporation Butzel Long PC Demarest & Almeida One Campus Martius 150 West Jeff erson 3607 Elder Rd. S Detroit, MI 48226 Detroit, MI 48226 West Bloomfi eld MI 48324 Telephone: (313) 227-2834 Telephone: (313) 225-7035 Telephone:(248) 360-2182 Email: [email protected] Fax: (313) 225-7080 Fax: (212) 371-5551 Email: [email protected] Email: [email protected] William H. Dance Of Counsel TREASURER: COMMITTEE CHAIRS: Vercruysse Murray & Calzone, Business Law Piotr Swiecicki P.C. Baker & McKenzie Bruce D. Birgbauer 31780 Telegraph Rd. Miller, Canfi eld, Paddock & Stone 3 W. Lane Suite 200 Dearborn, MI 48124 150 W. Jeff erson #2500 Bingham Farms, MI 48025-3469 Detroit, MI 48226-4415 Telephone: (313) 510-6450 Phone: (248) 540-8019 Email: [email protected] Telephone: (313) 496-7577 Fax: (248) 540-8059 Fax: (313) 496-8451 E-mail: [email protected] COUNCIL: Email: birgbauer@millercanfi eld.com Term Expiring 2006 Carla S. Machnik Frederick J. Frank Frederick J. Frank Miller, Canfi eld, Paddock & Honigman Miller Schwartz and Honigman Miller Schwartz and Stone, P.L.C. Cohn LLP Cohn LLP 150 West Jeff erson, Ste. 2500 600 Woodward Ave., Ste. 2290 600 Woodward Ave., Ste. 2290 Detroit, MI 48226 Detroit, MI 48226 Detroit, MI 48226 Telephone: (313) 963-6420 Telephone: (313) 465-7384 Telephone: (313) 465-7384 Fax: (313) 496-8451 Fax: (313) 465-7385 Fax: (313) 465-7385 Email: machnik@millercanfi eld.com Email: fj [email protected] Email: fj [email protected] Term Expiring 2008 Nicholas J. Stasevich John E. Mogk Narinder J. S. Kathuria Butzel Long, P.C. 1000 Yorkshire Road 3331 Bloomfi eld Shore Drive 150 W. Jeff erson Ave., Ste 900 Grosse Pointe Park, MI 48230 West Bloomfi eld, MI 48323 Detroit, MI 48226 Telephone: (313) 885-4589 Telephone: (248) 8894-4110 Telephone: (313) 225-7035 Fax:(313) 885-5569 Fax: (248) 855-8426 Fax: (313) 225-7080 Email: [email protected] Email: [email protected] Email: [email protected]

23  ichigan International Lawyer

Customs Ingrid K. Brey Website Committee Andrew P. Doornaert Law Offi ces of Ingred K. Brey, P.C. Frederick J. Frank Miller, Canfi eld, Paddock & 15124 Kercheval Honigman Miller Schwartz and Stone, P.L.C. Grosse Pointe Park, MI 48230 Cohn LLP 150 West Jeff erson Ave., Ste 2500 Telephone: (313) 822-8888 600 Woodward Ave., Ste. 2290 Detroit, MI 48226-4415 Fax: (313) 822-8822 Detroit, MI 48226 Telephone: (313) 496-8431 Email: [email protected] Telephone: (313) 465-7384 Fax: (313) 496-8452 Fax: (313) 465-7385 Email:doornaert@millercanfi eld.com International Dispute Resolution Email: fj [email protected] Mary A. Bedikian Frederick B. Smith 405B Law College Bldg Carla S. Machnick Offi ce of Assistant Chief Counsel/ East Lansing, MI 48824 Miller, Canfi eld, Paddock & US Customs and Border Protection Phone: (517) 432-6889 Stone, P.L.C. 477 Michigan Ave #281 Fax: (517) 432-6879 150 West Jeff erson Ste. 2500 Detroit, MI 48226 E-mail: [email protected] Detroit, MI 48226 Telephone: (313) 442-0378 Telephone: (313) 963-6420 Fax: (313) 226-5559 Randolph M. Wright Fax: (519) 977-1566 Email: Berry Moorman PC Email: machnick@millercanfi eld.com [email protected] 255 E. Brown St #320 Birmingham, MI 48009-6210 LIAISONS: Emerging Nations (Brazil, China, Po- Telephone: (248) 645-9680 Academic Liaison: land, etc.) Fax: (248) 645-1233 Virginia B. Gordan Scott T. Fenstermaker Email: [email protected] Assistant Dean of International Pro- Demarest & Almeida grams 3607 Elder Rd. S International Family Law Th e University of Michigan – Law West Bloomfi eld MI 48324 Jan Rewers McMillan School Telephone :(248) 360-2182 400 Galleria Offi centre Suite 117 941 Legal Research Building Fax: (212) 371-5551 Southfi eld, MI 48034 Ann Arbor, MI 48109-1215 Email: [email protected] Telephone: (248) 352-8480 Telephone: (734) 764-5269 Fax: (248) 352-8680 Richard G. Goetz Fax: (734) 763-9182 Email:[email protected] Dykema Gossett PLLC Email: [email protected] 400 Renaissance Ctr Detroit, MI 48243 International Tax Commissioner Liaison: Phone: (313) 568-5390 Michael Domanski Craig H. Lubben Fax: (313) 568-6832 Honigman, Miller, Schwartz and Miller, Johnson, Snell & E-mail: [email protected] Cohn, LLP Cummiskey, PLC 660 Woodward Avenue Rose Street Market Building Piotr Swiecicki 2290 First National Building 303 North Rose Street, Suite 600 Baker & McKenzie Detroit, MI 48226-3506 Kalamazoo MI 49007-3850 3 W. Lane Telephone: (313) 465-7352 Telephone: (269) 226-2958 Dearborn, MI 48124 Fax: (313) 465-7353 Fax: (269) 978-2958 Telephone: (313) 510-6450 Email: [email protected] Email: [email protected] Email: [email protected] James S. Serocki Michigan International Lawyer: Immigration Law 2797 Colonial Way Professor Julia Y. Qin Christian S. Allen Bloomfi eld Hills, MI 48304 Wayne State University Law School Ellis Porter PLC 471 W. Palmer 2701 Troy Center Dr Ste 100 Brian J. Sullivan Detroit, MI 48202 Troy, MI 48084 Deloitte & Touche, LLP Telephone: (313) 577-3940 Phone: (248) 519-9900 600 Renaissance Center #900 Fax: (313) 577-2620 Fax: (248) 519-9901 Detroit, MI 48243 Email: [email protected] E-mail: allenc@millercanfi eld.com Telephone: (313) 396-5848 Fax: (313) 566-5025 Professor John E. Mogk Linda Armstrong Email: [email protected] Wayne State University Law School Butzel Long P.C. 471 W. Palmer 150 West Jeff erson, Suite 100 Donald E. Wilson Detroit, MI 48202 Detroit, MI 48226 Deloitte & Touche, LLP Telephone: (313) 577-3955 Telephone: (313) 983-7476 600 Renaissance Center #900 Fax: (313) 225-7080 Detroit, MI 48243-1704 Email: [email protected] Telephone: (313) 396-3260 Fax: (313) 566-5019 Email: [email protected]

24 VOLUME XVIII, NO. 3, FALL 2006

Aziza Yuldasheva Stephen W. Guittard Logan G. Robinson Fraser Trebilcock Davis & Dunlap, P.C. 131 E 66th St. #2A Exec VP /General Counsel /Gvt 124 West Allegan, Suite 1000 New York, NY 10021-6129 Relations Lansing, Michigan 48933 Telephone: (212) 628-6963 Metaldyne Telephone: (517)377-0869 47603 Halyard Dr Email: ayuldasheva@fraserlawfi rm.com Howard B. Hill Plymouth, MI 48170 P. O. Box 36632 Phone: (734) 207-6729 Kristen Hater Grosse Pointe Farms, MI 48236 Fax: (734) 207-6797 E-mail: [email protected] Phone: (313) 617-9817 E-mail: [email protected] Fax: (313) 882-8184 Tricia Roelofs E-mail: [email protected] Timothy F. Stock E-mail: [email protected] 3830 Ninth Street North, #901-E Professor John H. Jackson Arlington, VA 22203-1991 Betina Schlossberg Georgetown University Law Center Telephone: (703) 524-2960 Email: [email protected] 600 New Jersey Avenue, N.W. Fax:(707) 465-9834 Washington, D.C. 20001 Email: [email protected] Maggie K. Smith Telephone: (202) 662-9837 E-mail: [email protected] Fax: (202) 662-9408 Bruce C. Th elen Email: [email protected] Dickinson Wright PLLC One Detroit Center EX-OFFICIO: Robert D. Kullgren 500 Woodward Ave #4000 Randolph M. Wright Varnum, Riddering, Schmidt & Detroit, MI 48226-3425 Berry Moorman PC Howlett LLP Telephone: (313) 223-3500 255 E. Brown St #320 Bridegewater Place Fax: (313) 223-3598 Birmingham, MI 48009-6210 PO Box 352 Email: [email protected] Telephone: (248) 645-9680 Grand Rapids, MI 49501-0352 Fax: (248) 645-1233 Telephone: (616) 336-6000 Anthony P. Th rubis Email: [email protected] Fax: (616) 336-7000 General Motors – Legal Staff Email: [email protected] 300 Renaissance Center Jan Rewers McMillan MC 482-C24-D24 Law Offi ces of Jan Rewers McMillan Clara DeMatteis Mager Detroit, MI 48265-3000 400 Galleria Offi centre #117 Butzel Long PC Telephone:(313) 665-4768 Southfi eld, MI 48034 150 W. Jeff erson Fax: (248) 267-4388 Telephone: (248) 352-8480 Detroit, MI 48226 Email: [email protected] Fax: (248) 352-8680 Telephone: (313) 225-7077 Email: [email protected] Fax: (313) 225-7080 Th omas R. Williams Email: [email protected] Kerr, Russell and Weber, PLC Stuart Deming One Detroit Center Deming PLLC J. David Reck 500 Woodward Ave #2500 229 E Michigan Ave Ste 445 Miller, Canfi eld, Paddock & Stone Detroit, MI 48226-3406 Kalamazoo, MI 49007 121 S. Barnard, #7 Telephone: (313) 961-0200 Phone: (269) 382-8080 Howell, MI 48843 Fax: (313) 961-0388 Fax: (269) 382-8083 Telephone: (517) 546-7600 Email: [email protected] E-mail: [email protected] Fax: (517) 546-6974 Web: www.deminggroup.com Email: reck@millercanfi eld.com Donald E. Wilson Deloitte & Touche, LLP Susan Waun de Restrepo 600 Renaissance Center #900 Godfrey J. Dillard General Motors Corp. Detroit, MI 48243-1704 Law Offi ces of Godfrey J. Dillard 300 Renaissance Center Telephone: (313) 396-3260 PO Box 312120 Detroit, MI 48265 Fax: (313) 566-5019 Detroit, MI 48231 Telephone: (313) 667-1420 Email: [email protected] Phone: (313) 964-2838 Fax: (313) 667-3177 Fax: (313) 259-9179 Email: [email protected] E-mail: [email protected]

25  ichigan International Lawyer

SBM Offi cers Elected for 2006-2007

Kimberly M. Cahill of Center Line Cahill is a partner with Schoenherr, where he serves on the board of governors has been elected president of the State Cahill and Warnez, P.C. in Center Line and represents clients in the automotive, Bar of Michigan for the 2006-2007 bar where she focuses on real estate, probate, real estate and retail industries. year. She will be sworn in as president estate planning and family law. Keefe is Th e Representative Assembly will of the more than 38,000-member or- a shareholder of Kendricks, Bordeau, elect a new clerk at its meeting in Sep- ganization at a luncheon on Th ursday, Adamini, Chilman and Greenlee, PC tember. New officers for 2006-2007 September 14, during the Bar's Annual in Marquette. Pappas is the director of will be Chairperson Ed Haroutunian of Meeting in Ypsilanti. commercial and business litigation and Bingham Farms and Vice-Chairperson Also serving as offi cers for 2006-2007 alternative dispute resolution at Dickin- Robert C. Gardella of Brighton. will be President–Elect Ronald D. Keefe son Wright, PLLC in Bloomfi eld Hills. of Marquette, Vice-President Edward Toy practices environmental, commer- H. Pappas of Bloomfi eld Hills, Secretary cial, and criminal litigation with Farhat Charles R. Toy of Lansing and Treasurer and Story, PC in Lansing. Jenkins is W. Anthony Jenkins of Detroit. a partner at Dickinson Wright PLLC,

SBM Member Benefi ts Expand to Include PMRC Lending Library and ABA Book Discounts

Th e State Bar of Michigan Practice Management Resource Center (PMRC) has set up an extensive lending library consisting of publications, CD's and other mate- rials for use by SBM members. To take advantage of this new membership benefi t, stop by the State Bar building at 306 Townsend Street in Lansing or browse online at www.michbar.org/pmrc/library.cfm. Topics available at the lending library include law fi rm marketing, mergers, billing innovations, compensation plans, eff ective associate training and more.

Th e State Bar has also teamed with the American Bar Association to off er discounts on books to its members. Th rough the ABA Publishing Book Discount Program, mem- bers can now get a 30 percent discount should they wish to make any book purchases. For more information please visit www.michbar.org/programs/bookdiscount.cfm

26 VOLUME XVIII, NO. 3, FALL 2006 Letter from the Chair

Dear Members and Colleagues:

It has been a privilege for me to have been of service to the State Bar of Michigan, the Inter- national Law Section and its Council, and to each of you in my capacity as Chair of the Interna- tional Law Section. I have met and worked with many wonderful persons, but I want to give special thanks to our Council members, past Chairs of the Council, and to our offi cers. Lois Bingham, the Chair-elect, has

been a great source of sage advise, creativity, hard work, and friendship. She will be an outstanding Bruce Birgbauer Chair of our Section. Scott Fenstermaker has decided for personal reasons not to become the Chair-elect and to resign from our Council. He has been a strong contributor to our Section, and we will miss him greatly. However, we are hopeful that Scott will continue to attend Council meetings. Peter Swiecicki has been a very able Treasurer, and we expect that he will become the new Chair-elect. Th e Annual Meeting of our Section will be held in conjunction with the Annual Meeting of the State Bar of Michigan. Our Meeting will be held on September 14, 2006 at 1:30 PM in Conference Room E at the Ypsilanti Marriott at Eagle Crest. Highlights will include a Distinguished Speaker Award for Professor Steven R. Ratner in recognition of his out- standing presentation on International Law and Terrorism and the election of new Council members and offi cers. After the Annual Meeting, Lois Bingham has organized a program from 2:30 to 5:30 PM entitled “Going Global: Manufacturing Operations in Mexico and Other Key Latin American Countries.” On June 20, 2006, the Council held a strategic planning session discussing committee structure, collaboration with other sections, public service programs, greater use of technology, and other matters. Th e Council will be dealing with some of these matters in the year ahead. Our theme for the year has been and continues to be “globalization.” Every day we read about the negative eff ect of globalization on our domestic automotive industry, especially in Michigan. At the same time, we read about domestic and foreign automotive manufacturers going into China, Korea, India, Russia, and elsewhere. However, we also read about State of Michigan and regional trade missions to these countries to help fi nd companies that are interested in locating in Michigan. Globalization is cruel to Michigan now, but in the past it has brought, and in the future it will bring again, great rewards to our State. Finally, I would like to thank Professors John Mogk and Julia Qin and the entire editorial board (including Christi Patrick and Aziza Yuldasheva) for all of the outstanding work that that they do in preparing and editing the Michigan International Lawyer. We should all be very grateful for their hard work and patience, and to all of those who contribute articles! Th ank you again for letting me be of service. à

Best regards, Bruce D. Birgbauer, Chair

27

ichigan International Lawyer is now available online at www.michbar.org/international

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