EXECUTIVE ROUNDTABLE SERIES 1 Managing Liability Risks Moderator: John D. Goetz, Partner, Product...

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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?


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?


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.?


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?


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


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


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?



• Why is "criminalization" of aircraft accidents harmful?

• What will be the impact of the current trend on flight safety?



2009-2010 Proceedings:• Paris, France (Concorde)• Athens (Helios)• Uberlingen, Germany (Midair)• Yogyacarta, Indonesia (Garuda)• Paris, France (AF447)



• 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.


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?

EXECUTIVE ROUNDTABLE SERIES 1 Managing Liability Risks Moderator: John D. Goetz, Partner, Product...

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