EXECUTIVE ROUNDTABLE SERIES 1 Managing Liability Risks Moderator: John D. Goetz, Partner, Product Liability and Tort – Jones Day Speakers::Ava Harter,

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Presentation transcript:

EXECUTIVE ROUNDTABLE SERIES 1 Managing Liability Risks Moderator: John D. Goetz, Partner, Product Liability and Tort – Jones Day Speakers::Ava Harter, General Counsel – Avionics, GE Aviation Services Roderick van Dam, Head of Legal Services, EuroControl Emmanuel Baud, Partner, Intellectual Property – Jones Day Ozan Akyurek, Senior Associate, International Litigation and Arbitration – Jones Day June 3, 2010 KEY LEGAL CONSIDERATIONS GOVERNING THE NEXT GENERATION AIR TRANSPORT SYSTEM EXECUTIVE ROUNDTABLE SERIES

2 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?

EXECUTIVE ROUNDTABLE SERIES 3 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?

EXECUTIVE ROUNDTABLE SERIES 4 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.?

EXECUTIVE ROUNDTABLE SERIES 5 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?

EXECUTIVE ROUNDTABLE SERIES 6 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

EXECUTIVE ROUNDTABLE SERIES 7 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

EXECUTIVE ROUNDTABLE SERIES 8 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?

EXECUTIVE ROUNDTABLE SERIES 9 Criminalization of Aircraft Accidents Why is "criminalization" of aircraft accidents harmful? What will be the impact of the current trend on flight safety?

EXECUTIVE ROUNDTABLE SERIES 10 Criminalization of Aircraft Accidents Proceedings: Paris, France (Concorde) Athens (Helios) Uberlingen, Germany (Midair) Yogyacarta, Indonesia (Garuda) Paris, France (AF447)

EXECUTIVE ROUNDTABLE SERIES 11 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.

EXECUTIVE ROUNDTABLE SERIES 12 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?