Moot Court 2013After one semester of thorough preparation, students were ready to defend their clients in a M&A related arbitral

proceeding. We congratulate the team for their excellent performance!

Find more photos on our Website and Facebook page!

Happy Holidays and Best Wishes for the New Year 2014

Fribourg University Law School LL.M. Program NewsletterIssue 6, December 2013

Internship Testimonialby Mine Ekim, Turkey, Class of 2012-2013 LL.M., legal intern in Harmonic International AG

Je l’ai toujours dit et senti, la véritable jouissance ne se décrit point.

(I have always said and felt that true enjoyment cannot be described).

Jean-Jacques Rousseau

Picture a city, which preserved its medieval center as a whole that is now one of the largest in Europe, located directly at the

language and cultural border between the German and French speaking parts of Switzerland and nestled between Northern and Southern Europe, with the country’s only bilingual university celebrating its tradition of law teaching going back to 250 years in 2013. Now, imagine a Master of Laws (LL.M.) in this city offering unique English speaking postgraduate legal studies opportunity on a wide range of international business law topics enhanced through the involvement of leading and inspiring law practitioners, professors, experts and individuals from all around the world to convey ideas and knowledge to people from different cultures and legal backgrounds and receive them so as to broaden one’s legal vision and view of the global world. Take a step further in this LL.M. not only to embrace the internship options designed to tie legal theory with practice in a multinational business environment, but also to turn someone into a well-equipped professional dedicated to intercultural awareness and self-improvement in the increasingly competitive international arena. Needless to say, this charming altogether set of elements, if not privileges, enchanted me at its most.

Headquartered in San Jose, California, with an annual revenue of $530 million (2012) and over 1,100 employees in locations around the global, Harmonic Inc. (NASDAQ:HLIT) is the worldwide leader in video delivery infrastructure solutions and the first to provide broadcasters, service providers and other media companies with emerging video capabilities that are ready to deploy on a global scale. With more than twenty years of experience, a track record of pioneering ground-breaking technologies and an outstanding portfolio of high performance IP-based solutions, Harmonic is enabling innovative, converged video services that can be consumed at any time and viewed on virtually any device. Harmonic holds more than fifty technology

patents in the United States and other countries and has won numerous industry awards, such as #1 in Multiscreen: 2013 Global Multiscreen Transcoding Market Share Leadership Award from Frost & Sullivan. Besides its outstanding work and reputation in the field, Harmonic has a welcoming culture and work environment which supports independent thinking.

Being recruited in the Corporate Legal Department of Harmonic International AG, a subsidiary of Harmonic Inc., in Fribourg-Switzerland, I was given the golden chance to create a bridge between academia and workplace. This professional experience enabled me to apply legal theory and skills, which I highly elaborated during my LL.M. studies with its enriching courses offered, to the practical and everyday business of a

dynamic and expanding field of complex technology with a variety of tasks, included but not limited to, from business contracts and negotiations to drafting internal and external policies and –almost– any type of legal documents. Synthesizing ideas and legal concepts derived from multiple systems and fields of law and gaining an overall understanding of balancing business objectives, compliance goals and requirements and intellectual property protection and licensing are but a few of the ‘extras’ that working in the Harmonic’s fast-paced environment offers to legal

professionals. As already a practicing corporate lawyer, this position kept my practice-oriented drive as well as my intellectual energy active. Along with its positive climate and effective cooperation, I am very happy to work with friendly and skilled colleagues who always support me and willingly share their experience. Hereby I wish Harmonic family all nothing but the very best.

Also, I would like to take this opportunity to thank all of you – LL.M. directors, teaching staff, advisory board and operational team – for making me a part of story worth living.

Ms. Mine Ekim is a very sophisticated and talented lawyer. Not only she perfectly understood the different legal issues she had to analyze and provided ap-propriate answers to the questions which were raised but she also demonstrated genuine interest for the business. She is a very reliable, responsible employee, very committed to her work. She demonstrates her flexibility with shifting work priorities. Her performance is excellent both qualitatively and quantitatively. She is a respected and valued member of the Harmonic team in Fribourg and adjusted very quickly to the group. She is a great person to work with.

Isabelle GarcinCorporate Counsel – EMEA, Harmonic International AG

During her time in Harmonic, Mine demonstrates exceptional core values that we want to promote such as Ownership, Open Communication and Achieve-ment. I have valued Mine’s work by her professionalism to pay great attention to details and results oriented – she gets things done! Thank you for giving us your best!

Raphael SegurManaging Director, Harmonic International AG

Establishing Meaning in a Bilingual and Bijural Context: Dictionary Use at the Supreme Court of CanadaProf. Mathieu Devinat, Sherbrooke UniversityWednesday, 19th February 201417.15, room to be confirmed

Non-negotiated Contract Clauses in EU Private LawProf. Dr. Thomas Pfeiffer, University of HeidelbergWednesday, 9th April 201417.15-18.45, University of Fribourg, Miséricorde, Room Jäggi (MIS 4112), Avenue de l’Europe 20

Shared Responsibility between the EU and its Member States after EU Accession to the ECHRDr Tobias Lock, University of EdinburghTuesday, 15th April 201417.15-18.45, University of Fribourg, Miséricorde, Room Jäggi (MIS 4112), Avenue de l’Europe 20

The legal status of third country nationals in the European UnionProf. Dr. Kees Groenendijk, University of NijmegenThursday, 1st May 201417.15-18.45, University of Fribourg, Miséricorde, Room Jäggi (MIS 4112), Avenue de l’Europe 20

Upcoming Events

BooksMauro Bussani/Franz Werro (eds.), European Private Law, vol. II, Berne/Durham (USA) 2013

Geoffrey Samuel, A Short Introduction to the Common Law, Edward Elgar, Cheltenham 2013

Christiana Fountoulakis/Bettina Hürlimann-Kaup/Pascal Pichonnaz/Alexandra Rumo-Jungo (eds.), Une empreinte sur le Code civil, Mélanges en l’honneur de Paul-Henri Steinauer, Berne 2013

Franz Werro/Pascal Pichonnaz (eds.), Le dommage dans tous ses états: Sans le dommage corporel ni le tort moral, Berne 2013

ArticlesAlberto Alemanno/Oana Stefan, The principle of openness at the Court of Justice of the European Union: Toppling a Taboo, Common Market Law Review, Forthcoming

Alberto Alemanno, Unpacking the Principle of Openness in EU Law, Transparency, Participation and Democracy, European Law Review, Forthcoming

Alberto Alemanno, The Emergence of Evidence-based Judicial Reflex: A Response to Bar-Siman-Tov’s Semiprocedural Review, The Theory and Practice of Legislation, November 2013, vol. 1, n° 2, 327 ss

Alberto Alemanno/Amandine Garde, The Emergence of an EU Lifestyle Policy - The Case of Alcohol, Tobacco and Unhealthy Diets, Common Market Law Review, November 2013, vol. 50, n°5

Charles Gustafson, Constitutional Topography of Income Tax Law in the United States: A Varied (But Interesting) Course in Verfassungsvoraussetzungen-Gedächtnisschrift für Winfried Brugger, Mohr Siebeck 2013

Anne-Catherine Hahn, Dealing with Sovereigns: Immunity Risks and Planning Tools, Swiss Review of International and European Law, 2/2013, 225 ss

Pascal Pichonnaz, L’effet rétroactif du changement de jurisprudence : quelques réflexions à l’aune du pluralisme méthodologique in Christiana Fountoulakis/Bettina Hürlimann-Kaup/Pascal Pichonnaz/Alexandra Rumo-Jungo (eds.), Une empreinte sur le Code civil, Mélanges en l’honneur de Paul-Henri Steinauer, Berne 2013, 47 ss

Pascal Pichonnaz, Le dommage contractuel et la question de la prévisibilité, De la spécificité de la violation contractuelle in Franz Werro/Pascal Pichonnaz (eds.), Le dommage dans tous ses états: Sans le dommage corporel ni le tort moral, Berne 2013, 33 ss

Pascal Pichonnaz, Le droit européen des contrats s’écrit-il à Bruxelles ?, Revue de la Faculté de droit de l’Université de Liège 2013/1, 89 ss

Pascal Pichonnaz, La concrétisation des changements sociaux dans le droit : éléments de réflexions, Revue interdisciplinaire d’études juridiques 2013/1 (Volume 70), 130 ss

Franz Werro/Eric Mitterreder, European Products Liability in Mauro Bussani/Franz Werro (eds.), European Private Law, vol. II, Berne/Durham (USA) 2013

Franz Werro, Le dommage: l’état d’une notion plurielle in Pascal Pichonnaz/Franz Werro (eds.), Le dommage dans tous ses états: Sans le dommage corporel ni le tort moral, Berne 2013

Legal Publications by Program Professors

Law and Ethics in Global Business: How to Integrate Law and Ethics into Corporate Governance Around the WorldBrian NelsonRoutledge

This book provides comprehensive and, above all, business focused guidance on

the fundamentals of business law and how they should be integrated into ethical and effective business decisions. It concentrates on legal principles and thereby is able to articulate the impact of global business law and its international applications providing a comprehensive overview of the legal and

ethical principles which both facilitate and regulate corporate business.

Social Media and the LawKathryn L. OssianPractising Law Institute

PLI’s Social Media and the Law helps you understand the legal environment and

helps you mitigate the risks of using the many new social media platforms.

European State Aid Law: A CommentaryFranz Jurgen Sacker/Frank Montag (Eds.)Beck/Hart, February 2014

This book deals systematically article-by-article with the basic principles, the

proceedings, and the implementation of state aid law as laid down in Articles 107 to 109 TFEU, as well as the general block exemptions regulation (Regulation No 800/2008) and the Council Regulation (EC) No 659/1999 laying down detailed rules for

the application of Article 93 TEC. Further, this commentary deals in detail with the rules regulating state aid in specific sectors such as telecommunication, postal services, broadcast and television, energy/coal, banking, railroads, road transport, shipping, air traffic/airports, automotive industry, shipbuilding, steel, housing, agriculture, fishery, culture/tourism/sport, and health.

The Law of Construction DisputesCyril ChernInforma Law from Routledge

The Law of Construction Disputes covers the construction dispute process by

analysing the main areas that can lead to disputes and how to effectively deal with them once they have arisen. The book combines theory and practice along with exact excerpts of the leading case decisions covering the entire spectrum of construction law and the disputes that arise.

Corporate Income Taxation in Europe: The Common Consolidated Corporate Tax Base (Ccctb) and Third CountriesMichael Lang/Pasquale Pistone/Josef Schuch/Claus Staringer/ Alfred StorckEdward Elgar Pub, December 2013

This topical book is the first publication that focuses on the impact of the CCCTB

project on relations between the European Union and third countries. Although the CCCTB system will only be applicable within the European Union, it will also have wide-ranging impacts for non-resident companies. The book considers the impact of the CCCTB from the perspective of non-EU-based enterprises that are carrying on business in the EU through the operation of branches or subsidiaries in Member States.

Legal Publications by Other Authors WE RECOMMEND

Master of Laws in Cross-Cultural Business PracticeFribourg University Law School

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