executive roundtable series 1 managing liability risks moderator: john d. goetz, partner, product...
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EXECUTIVE ROUNDTABLE SERIESEXECUTIVE ROUNDTABLE SERIES
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Managing Liability Risks Moderator: John D. Goetz, Partner, Product Liability and Tort – Jones Day
Speakers:: Ava Harter, General Counsel – Avionics, GE Aviation ServicesRoderick van Dam, Head of Legal Services, EuroControlEmmanuel Baud, Partner, Intellectual Property – Jones DayOzan Akyurek, Senior Associate, International Litigation and Arbitration – Jones Day
June 3, 2010
KEY LEGAL CONSIDERATIONS GOVERNINGKEY LEGAL CONSIDERATIONS GOVERNINGTHE NEXT GENERATION AIR TRANSPORT SYSTEMTHE NEXT GENERATION AIR TRANSPORT SYSTEM
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General Parameters of Liability Under NextGen/SESAR
• NextGen/SESAR shifts decision-making responsibility from the ground to the cockpit/computer.
• As private service providers are added to a public domain function, who will be liable for what?
• Will there be changes to the traditional rules of liability?
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Allocation of Liability Under NextGen/SESAR
• How will liability be allocated between corporations and governments (who traditionally provide ATC)?– Chicago Convention 28: Governments are
responsible for ATC services. – What rules of government immunity apply?
• Will liability be reallocated among operators, ANSPs, manufacturers, and sovereign?
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Allocation of Liability Under NextGen/SESAR (cont’d)
• Will traditional rules of joint and several liability result in equitable sharing of risks?
• Contractual limitations of liability: Can they be used
to allocate or limit liability?
• Who will assume the liability for companies who go bankrupt, or "disappear" through mergers, etc.?
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Eurocontrol Issues
• In Eurocontrol's view, what are unique risk issues arising from the transition to SESAR?
• Are governments shouldering their share of risk to ensure a successful, timely transition to SESAR?
• What risk-related issues/discussions have arisen in your harmonization activities with the FAA and other authorities?
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Product Manufacturers
• Are there legal mechanisms to ensure equitable distribution of risk, so manufacturers are incentivized to invest in new technologies?
• United States v. European court decisions
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NextGen – Intellectual Property
• How can NextGen’s software technology be efficiently protected in France?
French copyright law: specificities of such protection applied to software French and European patent law: the judiciary approach
• Enforcing NextGen’s technology in France
overview of French competent jurisdiction regarding claims based on copyright law and/or patent law
overview of French existing legal measures aimed at combating counterfeiting
• What legal consideration shall be taken into account by NextGen/its partners when implementing its new technology in France?
compliance with French copyright law compliance with French data privacy law
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Criminalization of Aircraft Accidents
• What is "criminalization" of aircraft accidents?
• Who has primacy after an airline disaster?
• Why do some countries consider an accident investigation a criminal matter?
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Criminalization of Aircraft Accidents
• Why is "criminalization" of aircraft accidents harmful?
• What will be the impact of the current trend on flight safety?
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Criminalization of Aircraft Accidents
2009-2010 Proceedings:• Paris, France (Concorde)• Athens (Helios)• Uberlingen, Germany (Midair)• Yogyacarta, Indonesia (Garuda)• Paris, France (AF447)
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Criminalization of Aircraft Accidents
• Action is necessary
- Stricter guidelines need to be adopted before bringing criminal investigations
- Joint resolution issued on October 17, 2006 aimed at condemning the increasing
tendency to criminalize aviation accidents.
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Aviation Insurance
• What impact will NextGen/SESAR technology have on aviation insurance?
• Will insurers require new and additional training or best practices -- during transition or other phases?
• How will insurers provide coverage to privatized air navigation service providers and global information system companies?
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