10 Hours on a Saturday: Commercial Practice
This is a fantastic opportunity for all lawyers to hear crucial yearly updates whilst also getting all their CPD hours done in one day - without it cutting into the work week! Fully loaded with 10 hours of practical, tailored topics to support your information and firm’s needs. Whether you’re looking to upgrade your skills, gain industry insight into the latest techniques or listen to critical updates from renowned peers, there’s something unique waiting for you on Saturday, 5th March. WEB223NZA16
Description
Attend and earn 10 CPD hours
Session 1
Employment Update and Professional Practice Skills
Chair: Rob Latton, Barrister, FortyEight Shortland Barristers
7.30am to 8.30am Recent Case Law and Highlights in Employment Law
Receive a round-up of recent developments in employment law, including the latest cases, legislative changes and the impact of COVID-19 on employment.
Presented by Alastair Espie, Senior Associate, Duncan Cotterill; ‘Rising Star’ 2021 NZ Lawyer
8.30am to 9.30am Professional Responsibility: Hot Topics and Old Favourites
- Professional or personal? The advance of regulated conduct
- Lawyers and their civil liberties: the boundaries of free speech and legal causes
- Officers of the Court: recent cases and continuing themes
Presented by Paul Collins, Barrister, Shortland Chambers; Contributing Author, Professional Responsibility in New Zealand, LexisNexis; Consulting Editor, The Laws of New Zealand: Lawyers and Conveyancers.
9.30am to 10.30am Insurance and Professional Practice
- Professional indemnity insurance
- Trustees and directors
- Cyber risk
- New developments
Presented by Christina Bryant, Managing Partner, Hesketh Henry; Recommended Insurance, Real Estate and Construction Lawyer, Legal 500 Asia Pacific
10.30am to 10.45am Morning Tea Break
Learning Objectives:
- Be updated on recent and important developments in employment law
- Reflect on how awareness of professional responsibility can keep you out of trouble
- Consider professional indemnity insurance can protect you and your practice
Session 2
Spotlight on Contracts, Technology and information Protection
Chair: David Alizade, Partner, Jackson Russell; Best Lawyers 2021, Corporate Law
10.45am to 11.45am Legal Technology and Creating Greater Internal Efficiencies
- The tools available to creating greater internal efficiency
- Contract management: tips to finding a solution that is right for your organisational requirements
- Where law and tech automation meet
- Practical guidance and key takeaways
Presented by Gene Turner, Managing Director, LawHawk and Paul Proctor, Business Development Manager, Experieco Ltd
11.45am to 12.45am Agile Contracts vs Waterfall vs Outcome Based Contracting
Choosing the right type of contract construct for project engagements can be half the battle. In this session you will examine a number of constructs you can utilise when contracting to deliver projects. The pros and cons of outcome, task, waterfall and agile contracting models will be considered and discussed from both a legal and commercial perspective.
Presented by John Steadman, General Manager – Procurement, Spark NZ
12.45 to 1.15pm Lunch Break
1.15pm to 2.15pm Privacy Law: Current Compliance Issues and Practical Considerations
- Mandatory data breach notifications
- Offshore transfers of personal information
- Compliance with the security requirements under information privacy principle 5 of the Act
- Beyond compliance: A look at the practical issues
- Further developments in the privacy space
Presented by Kristin Wilson, Senior Associate, Bell Gully
2.15pm to 3.15pm Cyber-security: A Guide for Law Firms
- Understand the latest cyber threats and risks
- Gain a better appreciation for what you need to protect and how
- Top 10 cyber tips
- Learn about the widely adopted cyber framework and controls, so you can get the most out of your cyber security budget and spend
- Be better prepared to respond in the event of a data breach
Presented by Campbell McKenzie, Director, Incident Response Solutions
3.15pm to 3.30pm Afternoon Tea Break
Learning Objectives:
- Benefit from updates on how technology can streamline processes
- Understand the different between agile, waterfall and outcome-based contracting
- Receive a timely update on privacy law and compliance
- Gain valuable tips cyber protection and resilience
Session 3
Trusts, Tax and IP Round-up
Chair: Kellie Arthur, Barrister, FortyEight Shortland Barristers
3.30pm to 4.30pm Issues Arising Under the New Trusts Act
The Trusts Act 2019 is here. It is something with which we must all become familiar. But, although some provisions are familiar, others are more exotic. Further, being such a new piece of legislation, judicial guidance, particularly by the appellate courts, is wanting.
- Discuss a number of practical issues that might arise under the Trusts Act. (We will not, except in the broadest terms, outline the operation of the Act)
- Focus on discrete issues of practical importance to trust practitioners and their clients
Presented by Sam Jeffs, Barrister, Bankside Chambers and Thomas Refoy-Butler, Partner, MacKenzie Elvin
4.30pm to 5.30pm Tax and AML/CFT: Critical Issues Update
Tax and AML/CFT are two specialist legal areas which you need to stay informed about: for your own practice, and when giving advice to clients.
Update yourself on critical current tax and AML/CFT issues which have arisen over the last year, including:
- Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Bill: GST, Income tax and remedial changes
- Tax issues from the COVID-19 pandemic response, and future tax policy issues
- Current AML/CFT issues and recent developments, including exemptions regulations, suspicious activity reporting, and DIA audits
Presented by Neil Russ, Director, Russ + Associates; Convenor Tax Law Committee New Zealand Law Society
5.30pm to 6.30pm Intangible Assets: How to Utilise them to Build Commercial Value
From start-ups to large corporates, all businesses have intangible assets. Intangible assets can be used to create and grow a significant competitive advantage if they are appropriately protected and managed. If not protected and managed, a lot of value in the business may be left on the table, or worse, it’s given away for free to the competition.
- The forms of intangible assets that are commonly used by businesses to create and grow competitive advantages
- Common mistakes made with intangible assets
- How an IP strategy can help make the most of the intangible assets of a business
- The interplay between business strategy and IP strategy
- Intangible asset risks mitigation
- Posturing IP for an exit
Presented by Anton Blijlevens, Principal, AJ Park
Learning Objectives:
- Consider the implications of recent tax changes on commercial practice
- Receive guidance on the key AML compliance issues
- Gain valuable insight into intangible assets and how to recognize commercial value
Presenters
Rob Latton
Rob Latton is a barrister practicing from 48 Shortland Barristers in Auckland. He is a practitioner with over 30 years experience in New Zealand and the United Kingdom. He commenced practice as a barrister sole in 2016. Rob specializes in civil and commercial advice and litigation, and has been involved in extensive estates and trusts work in recent years. In particular he has acted for many executors and trustees in claims alleging breaches of duty, as well as challenges to wills and general estate disputes.
David Alizade
David Alizade is a business lawyer with 20 years' of experience in private practice and in-house. He advises his clients on corporate and commercial matters such as joint ventures, mergers and acquisitions, restructurings and commercial contracts. David works across a broad range of industries, and in particular he specialises in the areas of technology, telecommunications, manufacturing, infrastructure and intellectual property commercialisation. David has extensive international experience and before returning to New Zealand and joining Jackson Russell he was a partner in a UK law firm. David's clients include multi-national companies, family businesses and high-growth companies. His clients like his clear, business focused approach. David graduated with a masters degree in law (honours) from Cambridge University. He is admitted as a solicitor in New Zealand and the UK, and is a Fellow of Governance New Zealand.
Kellie Arthur
Kellie provides representation and advice on civil and commercial disputes. She has experience in litigation and arbitration (domestic and international). Experience includes junior counsel in High Court trial and Court of Appeal hearing regarding a family dispute over whether property was trust property or part of an estate; Sole counsel for defendants in High Court proceedings regarding claims under the Family Protection Act 1955 and equity (constructive trusts, unjust enrichment); Advising medical professionals on claims covered by professional indemnity insurance; Appearing as part of the defence team for a multinational company in a significant commercial UNCITRAL arbitration, seated and sitting in Singapore; Acting pro-bono for SPCA Auckland Inc. in a proceeding under the Law Reform (Testamentary Promises) Act 1949.
Alastair Espie
Alastair is specialist employment lawyer who excels in delivering solution-focused advice that gets results. He works closely with employees and employers, including a number of New Zealand’s most significant private and public sector entities, and my expertise covers all manner of workplace issue. Alastair regularly represent clients at mediation and in the Courts. He also engaged to undertake independent investigations into workplace complaints, and to act as the employer advocate in collective bargaining with major unions. Alastair presents at seminars and provide in-house training to clients, am on the editorial board of the Lexis Nexis Employment Law Bulletin and am a member of the Auckland District Law Society Employment Law Committee. I was recognised as a rising star by NZ Lawyer in 2021.
Paul Collins
Paul has wide experience in areas of professional discipline and regulation in the legal profession and legal ethics. He has prosecuted numerous cases in the Disciplinary Tribunal and has also appeared in the Senior Courts in cases relating to professional responsibility and other aspects of regulation of the legal profession. Paul lectured in the Legal Ethics course at the University of Auckland Law School and was a convenor of the National Standards Committee until his nine year tenure expired. He has been involved in Standards Committee training since the outset of the Lawyers and Conveyancers Act. Paul is a contributing author to Professional Responsibility in New Zealand (LexisNexis) and was consulting editor for The Laws of New Zealand: Lawyers and Conveyancers.
Christina Bryant
Christina is the managing partner of Hesketh Henry. She is an experienced civil litigator, with an insurance practice focused on liability claims and regulatory processes involving professional service providers. She is a faculty member of the NZLS Litigation Skills programme and is recommended by Legal 500 in insurance, real estate and construction.
Gene Turner
Gene is Managing Director of legal automation specialists LawHawk. LawHawk focus on helping lawyers and businesses to improve and automate their legal and business processes, to improve efficiency and quality. Prior to founding LawHawk in 2015, Gene was a corporate & finance partner of Buddle Findlay from 2009 until retiring from partnership in 2014. As well as acting on a number of complex transactions, Gene led a number of the firm’s knowledge management initiatives. Gene has been on the Advisory Board for the College of Law’s Centre for Legal Innovation since 2017 and is a regular contributor to the Centre’s programme. In addition to a Bcom/LLB (Hons), Gene has an MBA (Distinction) from Victoria University
John Steadman
John has 20 years’ experience in law. He spent 8 years in private practice in a variety of commercial and litigation roles before moving in-house to support the ICT business arm of Telecom New Zealand. John spent 8 years working for the Telecom/Spark in-house legal team in a variety of roles before moving into a commercial role for three years as the Head of Strategic Projects where he was responsible for the negotiation and contracting of $2b+ 4G network contracts, online media platforms Lightbox and Spark Sport and ran the 5G network negotiations. He is an experienced technology and telecommunications lawyer and was working for the Chorus legal team supporting the roll out of fibre across New Zealand before returning to Spark. John also regularly speaks and writes on legal topics. He has taught negotiation for the College of Law since 2011 and has studied at the Harvard Negotiation Institute
Kristin Wilson
Kristin Wilson is an experienced litigator with particular expertise in advertising, food law, privacy (including cyber security), media law and intellectual property. She prides herself on providing pragmatic, commercial and timely advice to clients. She regularly provides legal advice to clients as to how to best comply with the Fair Trading Act, Gambling Act, Privacy Act and Advertising Standards Authority codes. She is experienced in vetting advertisements and promotions, drafting terms and conditions, and responding to Advertising Standards Authority complaints. She advises on a wide range of food law issues, including marketing, export and import requirements, and regulatory compliance including advising on the Food Standards Australia New Zealand (FSANZ) Code, the Food Act, the Wine Act and related regulations and industry codes. She regularly assists clients with product formulation and labelling queries, advertising and marketing considerations and contractual issues including licensing and complex distribution agreements. She has represented media interests in the District Court, High Court and Court of Appeal, and regularly provides advice and representation regarding name suppression and media access to the courts. Kristin is also very experienced in advising national and international clients on privacy law and data protection issues. In addition, Kristin provides general advice on commercial and contractual disputes and litigation with successful outcomes for her clients.
Campbell McKenzie
Campbell is the Founder and Director of Incident Response Solutions Limited, providing forensic, cyber security and crisis management services. Campbell was previously a Director at PwC New Zealand (12 years) and led PwC's national "forensic technology" practice, and the Auckland "cyber security" practice, a combined team of 11 expert staff. Prior to PwC, Campbell was a founding member of NZ Police's Electronic Crime Laboratory (4.5 years) and as an expert witness, he specialises in electronic investigations, cybercrime incident response and eDiscovery matters. He is recognised by the District and High Courts of New Zealand as a forensic technology expert and has also been appointed as an independent expert by the High Court. Campbell understands how critical it is for law firms to mitigate the cyber risks they face. Therefore in 2020, Incident Response Solutions published the "Cyber Security Guide for NZ Law Firms", a contextual resource to assist lawyers and law firms manage their cyber security risk.
Sam Jeffs
Samuel Jeffs is a barrister at Bankside Chambers specialising in commercial and civil disputes. He has advised and acted for parties in a wide range of disputes arising from contracts, joint ventures, shareholdings, construction projects, and trusts and estates. Sam has appeared in a number of courts, including successfully in the Supreme Court, and various specialist tribunals, including arbitrations. Sam graduated from Oxford with a BCL (Distinction) and the University of Auckland with BA/LLB(Hons) degrees, where he was a Senior Scholar for both Law and Arts. Sam has spoken at conferences and has also published a number of articles.
Thomas Refoy-Butler
Thomas is a Partner of Mackenzie Elvin Law and is an experienced litigator providing strategic advice and representation to clients in relation to commercial disputes and regulatory litigation. He has particular experience in contractual disputes, trusts, employment, insolvency, interim relief (injunctions and freezing orders) and regulatory litigation and investigations. He also has experience as sole and junior counsel acting for private and corporate clients, including Crown entities, in both civil and criminal proceedings in the District Court, High Court and Court of Appeal. Thomas is an Associate Member of the New Zealand Institute of Directors and a Board Member for Athletics Waikato Bay of Plenty. Thomas started his career in Auckland in a specialist litigation practice and subsequently worked for two national law firms before relocating with his family to Tauranga at the beginning of 2019
Neil Russ
Neil founded Russ + Associates as a specialist law firm in 2019, providing tax and AML/CFT advice and independent AML/CFT audits. Neil has over 30 years’ experience in England and New Zealand, including 25 years as a tax partner in a national law firm. Russ + Associates regularly works with other law firms and accounting practices to provide their tax and AML/CFT needs, including tax investigations, binding and non-binding ruling applications, tax risk reviews and AML/CFT ministerial exemptions and audits. Neil specialises in corporate and international income tax issues, as well as transactional advice. Neil also has extensive experience in relation to GST matters. In addition to his tax expertise Neil has a multi-jurisdictional background in banking, capital markets and derivatives transactions. Neil is Convenor of the NZ Law Society Tax Law Committee, and a member of the AML/CFT Industry Advisory Group. He is frequently dealing with Inland Revenue and Treasury officials on proposed tax law changes, and with DIA and Ministry of Justice officials on AML/CFT matters. When not in the office, Neil enjoys outdoor sports, travel, and spending time with family.
Anton Blijlevens
Anton joined AJ Park in 1994 after graduating from the University of Canterbury with a Masters degree in mechanical engineering. He gained his law degree from The University of Auckland in 2004. Experienced in IP protection strategies and conducting IP audits for mechanical and manufacturing technology firms, Anton has a track record of helping exporters be successful locally and internationally. As head of AJ Park’s specialist China team, Anton provides IP strategy advice to Australian and New Zealand companies looking to do business in or with China. His clients come from diverse industries such as packaging, marine engineering, aviation, agritech, and heavy engineering. Anton has worked at AJ Park for over 26 years and has received many industry awards including a listing as one of New Zealand’s top legal practitioners in the field of patents in the 2017 Expert Guides. He was also listed as one of the world’s leading patent professionals in the 2016 IAM Patent 1000 index, which quoted him as being ‘an engineering ace who can cover everything from fluid dynamics to aviation engineering’. He was also named among the top 300 IP strategists in the world by IAM Strategy 300, and in 2014 was recognised by Asia IP magazine as ‘one of 50 patent lawyers you should know’. Anton is a staff lecture at the University of Auckland and guest lecturer at AUT and Massey University, speaks on IP at international conferences and events across Asia and lectures in patent drafting for the United Nations in developing countries 2-3 times a year.