Professional Documents
Culture Documents
Law Tomorrow
Dr. C.V. Chen
9 May 2014
About Me
1972
2000-2012
Returned to Taiwan
Stepped down as
1949
Began teaching &Daughter marriedPresident of R.O.C.
Came to Taiwan.
private practice.
Red Cross
1971
Father died in battle
Taiwan lost
1974 Daughter Born 2004 Mother Passed Away
1963
U.N. membership 1982
2009
National Taiwan
Son Born (severely mentally
Cancer
University
handicapped)
Married
*Law professor
*Private practice
1970
1972
*Straits Exchange
Harvard
Foundation
LL.M. S.J.D.
*Red Cross
1967
1944 Graduated
Birth from NTU
1969 LL.M.
University of British Columbia.
1989
Received Order of
Resplendent Banner with
Special Cravat
2003
SD/Fox
Incident
2012
Received Order of
Brilliant Star
with Grand Cordon
Outline
I
II
III
US$100 Million
13 October 2003
https://www.flickr.com/photos/ervins_strauhmanis/9544847065/
Facts
https://www.flickr.com/photos/ervins_strauhmanis/9544847065/
In 2003
Lee and Li was 38 years old
Had 14 Partners
500 Staff
12,000 Clients Worldwide
The Abyss
https://www.flickr.com/photos/ervins_strauhmanis/9544847065/
Bargain with
SanDisk?
Will staff
abandon
ship?
Dodge the
Responsibility?
The Dilemma
Photo/ flickr.CC/ Nathan Siemers
https://www.flickr.com/photos/nosha/2980362505/
US$18 million
1 m/year
Legal Fees
Pro bono
~2021
US$20 million
2003 down payment
US$48 million
Over 4 years L/C
~2007
Traumatized L&L
Emerged as an Iridescent Pearl
One Thanksgiving
One Lesson
One Reflection
Considerations
How did
L&L handle
SD Crisis?
On the
Settlement?
The
role of
corporate
culture?
How can
loyalty and
commitment
be fostered?
Photo. Flickr CC/ PromoMadrid
https://www.flickr.com/photos/promomadrid
Dec 2004
We
Care
We
Serve
We
Excel
The Way
Volunteerism
Long-Term Supporter of Red Cross
Legal EducationBoth Sides of
Taiwan Strait
( Spring 2005)
Lesson Learned:
Lee & Li Is Founded on Trust
Embedding Public Interest in L&L's DNA
2004 Partnership restructured, pro bono
commitment reduced to writing in new
partnership agreement.
No less than 2% profit
earmarked for
Lesson Learned:
Lee & Li Is Founded on Trust
Business in China
Xia
C.2200-C.1750 B.C.
Shang
C.1750-C.1040 B.C.
Western Zhou
C, 1100-771B.C.
Rising
Social
Status
of
business
-men
Planned
economy
Free
economy
Relocation of
the Republic
Government
to Taiwan
Surpression of
Establishment
of P.R.C.
private business
Policy reforms/
liberalization rising
social status of
businessmen
China
Business
Craftsmen
Merchants
15-16th
Rise of
Merchants
The West
the social hierarchy
Clergymen
Nobles
Knights
Freemen
Peasants/Serfs
14-16th Renaissance
16-17th Protestant Reformation
Rise of the middle class
Merchants
Ethics
Protestant Ethics
15-17th Age of Discovery/Maritime exploration
new ocean routes; trade expansion
16-18th Mercantilism
Socialism
Capitalism
Planned Economy 20-21th Market Economy
Global
Economy
Merchants
West
Agricultural
Industrial
Ethics
alone no
longer
adequate
Photo.Flickr,CC,John Cooper,
http://www.flickr.com/photos/atomicshed/311082285/
Person +Books/Order
Ethics
Ethics in Chinese
Bringing order to human relationships.
Wheel
Ethics in English
The morals of a culture that often
influence laws.
Human pic, http://www.fantizi5.com/jiaguwen/view/232.html
Book Photo, from wikipedia.org
Water =
Law in Chinese
=
get rid of
Sound Knowledge of
Domestic Law
Laws on Environmental
Protection, Waste Disposal,
Pollution, etc.
Production
Consumer
Protection Law, Fair Trade 6
Law, etc.
Marketing
Community
Society
Employees
Fairness
Business
partners
Nature
Corporate Ethics
Functions
of
Enterprises
Establishment and
Governance of Enterprises
Clients
Human
Resources
Ethics
Law
Ethics
Providing Legal
Consultation
Convergence of
legal advice and
business
judgment
Normal situation
Decision-ma
king
process
Emergency
Crisis
Management
process
Business
Judgment
In-house Legal
Counsel
Outside
Legal Counsel
Role
Role
Set up support
system for regular
information
Set up
international
support system
for special
information
Norm System
Dynamic Wheel
Norm System
Dynamic Wheel
Norm System
Dynamic Wheel
Complementary
and Interdependent
Ethics
Law
Law
Ethics
Reactive
Judiciary
Unrestrained
Executive
Idle Legislature
Inherent adequacies
can be remedied. But
human failings lead to
acquired inadequacies.
Those practicing law
should study ethics,
which includes
understanding
legislative intent and
policy with
CONSCIENCE.
Photo/ wikimedia.org
Eternal Wisdom
"If the People be led by laws, and uniformity sought to be given them by
punishments, they will try to avoid the punishments, but have no sense of
shame."
"If they be led by virtue, and uniformity sought to be given them by the rules of
propriety, they will behave with the sense of shame, and moreover will become
good." Confucius, BC 500.
Sound Knowledge of
Domestic Law
Laws on Environmental
Protection, Waste Disposal,
Pollution, etc.
Production
Consumer
Protection Law, Fair Trade 6
Law, etc.
Marketing
Functions
of
Enterprises
Establishment and
Governance of Enterprises
Human
Resources
Clien
ts
Commun
ity
Society
Employe
es
Fairness
Busine
ss
partne
rs
Nature
Ethics
Law
Ethics
Ethics
Law
Ethics
Globalization Spurs
Harmonization of Law
Post-WW II
Institutionalized multilateral cooperation regimes
Multilateral covenants
Universal values in form of Law (ethics included)
Ethics
Law
Ethics
Ethics
LAW
Ethics
LAW
Incompatibility
in Transnational Law Setting
Developed Nations
Rule of Law Taken Root
Developing Nations
Immature Rule of Law
Pic,by(Tony Auth)
http://creartivism.com/cartoons-about-nike-sweatshops/#2
Example 1
Code of Ethics
of Multinational Corporations
Competition
Market Economy
People
Worker
Environment
Air
Fairness
Anticorruption
Consumers
Water
Example 2
Labor Law
Slave Labor
U.N. ILO
Covenants
L&L Practice
1998-2014
Child Labor
Example 3
Prevent
inappropriate
concerted
action to fix
prices
Antitrust
Act
Impact on
other
nations'
legislation
Example 4
Law
Transnational Impact
Global Harmonization
Example 5
Environmental Protection
Kyoto
Protocol
RoHS
Carbon
Trading
Environmental Protection
Obligations
Sanctions
Ethics
Social Responsibility
No Sanctions
(Media/consumers/NGOs)
Non-binding Today,
May Be Binding Tomorrow
Ethics ? Law
The Day after Tomorrow
An Inconvenient Truth . . .
or
Convenient Fiction?
Ethics Law
L
L
L
An Inconvenient Truth . . .
or
Key to Sustainable Development?
Wheel in Motion!
III
Can Ethics Be Taught?
Thomas R. Piper
2006.Set-Oct
12 May 2007
2001 Enron
2002 WorldCom
2005 AIG Inflated assets
What next?
2008
SUMMARY
Observation 1
Observation 2
Harmonization of
Transnational Laws
Observation 3
Providing Legal
Consultation
Duty
Convergence of legal
advice and business
judgment
Normal situation
Emergency
Decision-making
process
Crisis
Management
process
Business
Judgment
In-house Legal
Counsel
Role
Outside
Legal Counsel
Providing Legal
Consultation
Role
Set up support
system for regular
information
Set up
international
support system
for special
information
Enhanced by Self-discipline
Enhanced by
Law
Convergence
Utility
Profit
Utility
Separation
Profit
Chaos & Disasters
Ethics Law