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Program AgendaTuesday, October 271:00 p.m. – 6:00 p.m. 2:00 p.m. - 3:30 p.m. Sponsoring Committees: Program Chair: Moderator: Speakers: 3:30 p.m. - 5:00 p.m. Spotting ethical red flags: You've advised your client on corporate formalities, registering to do business, investment and trade regulations, intellectual property protections and tax law in anticipation of a cross-border transaction, and have finally put your feet up at the end of the day to relax. But can you rest easy, or have you forgotten a key ethical rule that could put your practice (or your firm's professional indemnity insurance) at risk? Sleep easy after this panel, where we consider the main ethical problems and complications that we face as international practitioners. From cross-border transactions and multiple jurisdictional admissions to alternative dispute resolution, this is a program every international lawyer (or lawyer-to-be) must attend! Sponsoring Committees: Program Chair: Moderator: Speakers: 5:00 p.m. - 6:30 p.m. "How-to" for law students looking to launch their career in international law, young lawyers seeking to transition their skills into the global arena, or experienced practitioners who wish to expand their practices into international law. Top practitioners speak frankly about their formative experiences and tips they have about getting your foot in the door - from job skills and law school courses to take (or miss!), to interview tips and where to spend those critical summer breaks... Sponsoring Committees: Program Chairs: Moderator: Speakers: 6:30 p.m. - 7:30 p.m. Back by popular demand, because we had so much fun the first time! Start the 2009 Fall Meeting by getting to know ABA International's Leadership, other international lawyers, and others aspiring to be international lawyers. Bring your business cards. Participants will have the opportunity to engage in a number of speed networking rounds to learn about each other or make business opportunities. With this program, there is no need to break the ice. It's already done for you. Just take a seat and start talking! Sponsoring Committees: Program Chairs: Moderator: Speaker: 7:30 p.m. – 9:00 p.m. Wednesday, October 287:00 a.m. – 6:00 p.m. 7:15 a.m. - 8:30 a.m. 8:15 a.m. - 9:30 a.m. This program will discuss “Mareva injunctions” and the possibility of a new law that affords pre-judgment relief that ensures a collection pool in money damages cases. So far, the experience in the U.S. with regard to this common law remedy utilized in other common law jurisdictions such as England and Canada. At present, the Uniform Law Commission is studying whether a model law would be appropriate. Other types of remedies, such as enforcement of foreign injunctions or orders preserving evidence, are more common abroad, but are starting to find their way into American courtrooms. This program discusses these remedies, and includes Canadian lawyers to discuss their experiences, as well as the director of the Uniform Law Commission to explain the process and impact of uniform laws. Sponsoring Committees: Program Chair: Moderator: Speakers: 8:15 a.m. - 9:30 a.m. In several markets around the world, including Latin America and the US, liquidity shortages, over leveraged positions, bank failures and government intervention is forcing companies to sell-off assets. Speed, more than price, is paramount to the success of these deals. This represents a quantifiable opportunity for buyers who have managed to hoard cash through the financial crisis. Leading the charge are PE and VC firms as well as wealthy individuals who can approve a purchase quickly. Countering the opportunity is the considerable risk that comes with buying assets with minimal time to conduct proper due diligence. Buyers, and their advisors need to be better informed of both the opportunities – where they can be found and who are the new buyers as well as the risks – an explanation of the best practices undertaken by savvy investors to avoid or mitigate risks associated with these attractive investments. Program Chair: Moderator: Speakers: 9:45 a.m. - 10:30 a.m. Members of the Section and attendees to the 2009 Fall Meeting will be welcomed to Miami Beach and to South Florida, by Stephen N. Zack, President-Elect of the American Bar Association. Opening Plenary Address – Dr. Hernando de Soto This year's Fall Meeting will kick off with a keynote address by the renowned Dr. Hernando De Soto, President of Peru's Institute for Liberty and Democracy, on the topic of the world economic crisis. Time magazine has chosen de Soto as one of the five leading Latin American innovators of the century and among the 100 most influential people in the world. He has also been listed by Forbes magazine as one of the 15 innovators "who will reinvent your future," and in 2005, readers of Foreign Policy magazine in the U.S. and Prospect magazine of the UK ranked him among the top 13 "public intellectuals" in the world. Dr. De Soto is also a dynamic and engaging speaker, and no one will leave the conference without fresh insights into the current situation. 10:30 a.m. - 10:45 a.m. 10:45 a.m. - 12:15 p.m. Climate change presents huge challenges for governments, business and citizens alike. As countries begin to restrict carbon emissions, the regulatory burden threatens to push emission-intensive activities offshore. Carbon leakage undercuts emission reductions and threatens to penalize countries that regulate emissions by transferring jobs to countries that do not. Developed country governments are countering this threat by considering adoption of emission allowances, carbon tariffs and other import restrictions to offset carbon leakage. Developing countries claim that these measures are contrary to international trade obligations and that they should not have to bear the burden of combating climate change at the expense of their development prospects. The implications are potentially troublesome for all, and pit north against south, poor countries against rich, environment against labor. Sponsoring Committees: Program Chair: Moderator: Speakers: 10:45 a.m. - 12:15 p.m. How do you advise your client when compliance with one country's laws violates the laws of another? Elements of the U.S. trade embargo of Cuba seek to impose sanctions of one form or another on non-U.S. entities that engage in business with Cuba. Simultaneously, "blocking measures" in Canada, Mexico and Europe penalize companies that comply with the U.S. trade embargo. Often, these conflicting regimes force companies to decide between violating the laws of one jurisdiction or another. The situation has intensified in recent years as trade and investment in Cuba has increased and as economies (particularly Canada, the U.S. and Mexico) have become more integrated. Leading practitioners and in-house counsel will provide an overview of key measures of U.S. and foreign regimes and discuss the design and implementation of compliance strategies that address these conflicts and minimize exposure to enforcement action in one or more jurisdictions. Sponsoring Committees: Program Chair: Moderator: Speakers: 10:45 a.m. - 12:15 p.m. Think you have your forum selection all figured out? What happens if the selected forum decides to subject the dispute to a foreign law? Will some neutral academic hijack the proceedings? Did you know some national courts take up to five years to make rulings on rudimentary questions of foreign law – and what comes out is often unrecognizable? Come and find out the rules of the game and what you can do as an advocate to retain some control and influence. Leading academics and practitioners will show you the ropes and map out strategies for effective representation. Sponsoring Committees: Program Chair: Moderator: Speakers: 10:45 a.m. - 12:15 p.m. The emphasis on economic stimulus in the United States has spurred States to consider how to build the numerous infrastructure projects that may be required as a matter of safety and public welfare. Europe and Canada are far ahead of the United States in developing partnerships between government and the private sector, so called Public Private Partnerships or P3's, that allow crucial projects to be built much more quickly and with less public funding. This program will provide attendees with background into how these projects are developed, why Europe and Canada are ahead of the U.S., and what the U.S. government and the States are doing to facilitate P3's. It will also provide practical pointers to help attendees represent the inevitable non-U.S. P3 sponsor who expresses an interest in P3's in their States. Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:45 a.m. - 12:15 p.m. Recently, several states have taken dramatic legislative action to regulate the nature and scope of nongovernmental organization (NGO) activities. In some cases, these regulations have sought to restrict issues NGOs may address, or constrain their access to third-party funding. Governments have justified these measures as necessary in the face of alleged NGO corruption and interference in the political process. However, other observers view these laws as thinly veiled attempts to limit NGO influence across a wide range of matters ranging from human rights to greater government transparency. A panel of experts will examine the content and impact of legislative initiatives in Africa, China, and Latin America and the Caribbean, as well as efforts within the NGO community to define and implement internal accountability norms for the industry. Building on these presentations, a brief workshop session with audience members will help identify potential responses to some of the challenges raised. Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:45 a.m. - 12:15 p.m. Corporate client demands for greater diversity, inclusion and equality among outside counsel have helped drive the legal profession's interest in and commitment to diversity. For multinational corporations and law firms, however, issues of diversity, inclusion and equality are not always quite the same as in the United States. Different laws, customs, religious beliefs, histories and experiences make diversity, inclusion and equality a particular challenge for the corporation or law firm striving for consistent and egalitarian treatment of and policies for a global workforce while still trying to promote diversity in a meaningful global context. Even diversity "buzzwords" and semantics can vary significantly from nation to nation. In this session we will examine how multinational corporations doing business in Latin America define diversity, the types of diversity strategies they are implementing, and the recommendations they would offer to other lawyers seeking to promote diversity in the US and Latin America. Sponsoring Committees: Program Chairs: Moderator: Speakers: 12:30 p.m. - 1:45 p.m. Thomas A. Shannon, Jr. is currently the Assistant Secretary of State for Western Hemisphere Affairs. He has been a career member of the Senior Foreign Service, serving as Special Assistant to the President and Senior Director for Western Hemisphere Affairs at the National Security Council from 2003 to 2005. From 2002 to 2003, he was Deputy Assistant Secretary of Western Hemisphere Affairs at the Department of State, where he was Director of Andean Affairs from 2001 to 2002. He was also U.S. Deputy Permanent Representative to the Organization of American States (OAS) from 2000 to 2001. He has served as Director for Inter-American Affairs at the National Security Council from 1999 to 2000; as Political Counselor at the U.S. Embassy in Caracas, Venezuela from 1996 to 1999; and as Regional Labor Attaché at the U.S. Consulate General in Johannesburg, South Africa from 1992 to 1996. During his career as a Foreign Service Officer, Mr. Shannon also served as Special Assistant to the Ambassador at the U.S. Embassy in Brasilia, Brazil from 1989 to 1992; as Country Officer for Cameroon, Gabon, and Sao Tome and Principe from 1987 to 1989; and as the Consular/Political Rotational Officer at the U.S. Embassy in Guatemala City, Guatemala from 1984 to 1986.On June 1, 2009, Assistant Secretary Shannon was nominated to be the next U.S. Ambassador to Brazil and awaits Senate confirmation. The topic of his luncheon address will be an Overview of U.S. Foreign Policy in the Western Hemisphere. 2:00 p.m. - 3:30 p.m. The relationship between Cuba and the United States has been a particularly stormy one over the past 50 years. The proximity of the island nation and its historical, cultural and economic links to the United States have made the antagonism all the more dramatic. As Fidel Castro has faded from the Cuban political scene, and the Obama administration has taken concrete steps to review and revise its policy towards the island nation, interest in the future of the relationship has grown. This program will present a brief overview of U.S. - Cuba relations, the development and implementation of U.S. sanctions against the Cuban government, the current status of U.S. legislation and regulation related to Cuba, the issues surrounding U.S. claims for expropriated assets, and the prospects for change in the legal and policy framework. The program will also go into some detail on the prospects for future housing and commercial property development in Cuba. Program Chair: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. Trafficking in persons ("TIP") is a worldwide criminal offense that impedes upon the fundamental human rights of an alarming number of individuals. The International Labor Organization ("ILO") indicates that there are 12.3 million people in forced labor, bonded labor, forced child labor, and sexual servitude at any given time. Other estimates indicate that anywhere from four to 27 million have fallen prey to such acts. TIP often works in concert with other crimes like money laundering and forces individuals into severely debilitating situations. Ambassador Luis CdeBaca, who directs the Office to Monitor and Combat Trafficking in Persons at the United States Department of State, will lead the discussion by explaining the US government's current efforts to prosecute traffickers while properly assisting victims. Panelists will then expand on international standards that emphasize the importance of TIP victim assistance and protection as well as discuss process related challenges that prevent countries from fulfilling such international obligations. While governments legally bind themselves to instruments like The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, practice has shown that national implementation of victim protection measures can be less than adequate. Panelists will suggest ways in which such challenges can be overcome. Sponsoring Committees: Other Sponsors: Program Chairs: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. The current financial crisis has had a ripple effect around the world. In an attempt to mitigate its devastating effects, companies all over the world might be tempted to reach out to their competitors thereby engaging in conduct targeted by antitrust law in various jurisdictions. The risk of such behavior may be greater for Latin American companies due to local managers' general unawareness of antitrust regulations. While many of the controversies surrounding parallel cartel investigations in the United States and Europe are settled, or at least well identified, their interaction with Latin American competition regimes poses practical questions that remain unanswered. This program will discuss the main aspects of cartel prosecution and leniency procedure in different Latin American countries that have recently introduced leniency programs, with a particular focus on multi-jurisdictional prosecution involving the United States and/or the European Union. Sponsoring Committees: Program Chairs: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. The program will feature in-house counsel providing real life advice on ethical and legal issues resulting from the Global Financial Crisis and the dilemma of providing a Corporate Compliance Program, Document Retention Program and adequate eDiscovery Protocols in the time of limited financial resources in their company. What is the baseline? What is the legal minimum? What is the ethical minimum in the time of credit default swaps, Ponzi schemes,government bailouts and limited corporate budgets? Companies struggle to deal with these cutting edge issues. What is the right thing to do? Sponsoring Committees: Program Chairs: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. There is nothing new about Ponzi schemes, but there is something new about the magnitude and global involvement of the frauds perpetrated by Bernie Madoff and others. This program looks at financial fraud in the new millennium from both legal and practical perspectives, focusing on the civil remedies available to practitioners where both common and civil law jurisdictions are involved, the search for assets and how the applicable law transcends national boundaries. Sponsoring Committee: Program Chair: Moderator: Speakers: 3:30 p.m. - 4:00 p.m. 4:00 p.m. - 5:30 p.m. This session will feature a panel discussion of civil law lawyers and U.S. attorneys of the use of US discovery procedures in aid of foreign litigation and arbitration, including those provided for by 28 U.S.C. Section 1782. The panelists will provide an overview of available techniques, analyze when and how they can best be used, and offer advice and strategies for maximizing their effectiveness. The objectives of the session will include developing a list of practical considerations for non-U.S. lawyers to take into account before pursuing US discovery and issues of which their American counterparts should be aware when conducting discovery for use abroad. Sponsoring Committees: Program Chair: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. There is increased momentum in the international community for mediation of cross border child custody and visitation disputes. Recent initiatives in Europe and South America have demonstrated that mediation can be an effective means of dispute resolution in these legally complex and logistically challenging cases. In this session, a panel of distinguished practitioners and academics will discuss legal, practical, ethical, and cultural issues that impact international child custody disputes. The panel will share observations and insights in the struggle to protect "the child's best interest" in the context of nationalism and The Hague Convention on Civil Aspects of International Child Abduction. Sponsoring Committees: Program Chairs: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. The emergency exception doctrines of state of necessity and force majeure are well known in customary international law. The former came to particular reknown in the context of investment arbitration following Argentina's 2001 financial crisis. ICSID tribunals established under the U.S.-Argentina Bilateral Investment Treaty took differing views about the respondent state's ability to rely on the doctrine to avoid its treaty obligations towards foreign investors. In the current global crisis, it is foreseeable that these emergency doctrines may be invoked more frequently by states seeking to balance their international obligations against threats to their essential interests. It is timely and imperative to re-examine these doctrines. Who should bear the burdens of the current crisis? Are the standards for invoking these doctrines self-judging or are they subject to arbitral determination? What is the necessity doctrine's scope in the wake of the Argentine cases? This panel will explore these and other pressing questions, which undoubtedly will have significant implications for foreign investors and for investor-state arbitration. Sponsoring Committees: Program Chair: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. After fifty years of communist control, Cuba appears to be at the threshold of change. Over the last twenty years many communist countries transitioned to democratic capitalism. Poland, Hungary and other nations emerged as strong independent economies and nations. Are there similarities and differences that can provide an image of what Cuba may look like in ten or twenty years? What is the future of private property as a constitutional concept in Cuba? Program Chairs: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. The world now lives in the computer age. Internet security breaches cause billions of dollars in losses to private and public entities on an annual basis. Most of these losses are never recovered, but the majority of them could have been prevented. Cybercrime, which includes computer hacking, fraud, and the theft of proprietary information, can be prosecuted effectively and much of it can be prevented. A panel of experts from law enforcement agencies and the private sector explain how the increasing threat to computer databases and to the internet can be addressed, and how so much of global cybercrime can be deterred. Sponsoring Committee: Program Chair: Speakers: 7:00 p.m. - 8:30 p.m. 8:30 p.m. - 10:00 p.m. Enjoy this first full evening of networking opportunities by dining with your fellow Committee members after the first full-day of programming. This social setting will provide a great opportunity to meet your colleagues in the Section, learn about and shape committee plans for the year, and become more active in the Section. Thursday, October 297:00 a.m. - 6:00 p.m. 7:15 a.m. - 8:30 a.m. 8:30 a.m. - 10:00 a.m. With increasing frequency, U.S. Customs is detaining, seizing and destroying merchandise entering the United States for trademark infringement and counterfeiting. Cases involve merchandise entering the United States, and merchandise being transshipped to foreign destinations. The prevalence of such cases, often involving electronics and other technology-based goods manufactured in China, disrupts market share for genuine goods, which companies have registered with the USPTO and recorded with U.S. Customs. Companies like Apple, Inc. and other prominent firms are protecting their legal rights with increasing vigilance, working in close cooperation with U.S. Customs and other governmental agencies. Importers are often caught in the middle, resulting in forfeiture of merchandise, and little or no recourse for recovering their investments. This panel will examine the causes and trends associated with this growing problem, and the significant impact of this rapidly developing phenomenon on members of the trade community, including U.S. and foreign manufacturers, importers, distributors, retailers and their customers. Sponsoring Committee: Program Chairs: Moderator: Speakers: 8:30 a.m. - 10:00 a.m. Despite the economic challenges facing the world and the region, ground-breaking efforts are underway in countries such as Brazil, Mexico, and Venezuela to dramatically reform the petrochemical sector and develop projects that expand both up-stream and down-stream petrochemical production. Companies such as Braskem, Petróleos Mexicanos (PEMEX) and Petroquímica de Venezuela (Pequiven) are at the forefront of Latin America's ongoing "petrochemical revolution." In this participatory discussion panel, counsel from PEMEX, Pequiven and the International Finance Corporation—an experienced lender and investor in Latin American petrochemical projects—will explore and discuss the latest trends and opportunities in the region's petrochemical sector, and will share their perspective on the legal and practical challenges that must be overcome in order to successfully develop and finance petrochemical infrastructure projects in Latin America. Sponsoring Committee: Program Chairs: Moderator: Speakers: 8:30 a.m. - 10:00 a.m. This program will begin with an introduction to the issues involved in customs law transfer pricing (Value for Duty) compared to income tax transfer pricing in terms of outlining similarities and differences between the two disciplines and discussing the interrelationship and the complexity involved when attempting to apply an income tax transfer price for customs valuation purposes. Other non-income tax transfer pricing concerns, opportunities and pitfalls will also be discussed. Presentations will then be made by the U.S. and Canadian Customs Authorities as to the possibility, if any, and the methodology for using income tax transfer price studies (TPS) for customs purposes. The last half of the program will involve case studies utilizing experienced practitioners on both sides of the border who will outline some of the ways in which income tax transfer pricing can or cannot be used for customs valuation purposes and who will also discuss some of the problems associated with using income tax transfer pricing for customs purposes, including the amendments that must be made for customs purposes, as well as the problems that arise when the transfer price is changed by way of year-end tax adjustments. This is a must program for anyone who thinks that the income tax transfer price is also the customs value for duty. Sponsoring Committee: Program Chairs: Moderator: Speakers: 8:30 a.m. - 10:00 a.m. A challenging economic climate, intense competitive forces, demanding clients and a war for talent are all frontline challenges currently faced by managing partners of mid to large sized U.S. firms. This session will bring together national and office managing partners of successful U.S. firms to debate and share ideas about how to make the most of these challenging market conditions. Topics to be covered include: rightsizing the firm; creating more flexible resources vs specialization; the three leading indicators of trouble in a law firm; are demanding clients killing the billable hour?; should my firm be outsourcing?; associate pay and incentivisation; maintaining partner morale; competing simultaneously with "mega firms" and "niche players;" responding to requests for panel pitches and discounts; does the firms' governance structure need to change?; are clients' expectations of law firms changing?; do law firms need to change their collection methods?; and are current billing and receivable methods outdated? Sponsoring Committee: Program Chairs & Moderators: Speakers: 8:30 a.m. - 10:00 a.m. International procedural law is no longer confined to the dusty corners of law libraries; it has become the forward battleground for the assertion of sovereign interests in a globalized economy. This in turn has very practical consequences on how litigants go about the most basic and essential steps in any type of civil litigation: serving process on a party located abroad; obtaining documents and witness testimony from parties or third parties in foreign jurisdictions; obtaining a judgment in one jurisdiction that can be enforced easily and predictably against assets located in another. The Hague Conventions on Service (1965), Evidence (1970), Apostille (1961) and Choice of Court (2005) together represent the international litigator's "toolbox." This roundtable will take a critical look at how these instruments work in practice, what improvements and changes we can expect going forward, and whether we have reached the limits of effective international judicial assistance and cooperation under existing treaties, while focussing on practical "take aways" for the practicing lawyer. Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:00 a.m. - 10:30 a.m. 10:30 a.m. - 12:00 p.m With the recent seizures of vessels off the coast of Somalia, the age-old practice of piracy has captured international attention - and the once arcane law of piracy has moved again to the forefront of debate in international law. While piracy poses obvious problems for national (and global) security, it also imposes additional risks and costs upon those engaged in international commerce. This program will address the evolution of public international law relating to piracy - and will examine specifically the rules governing a nation's right to interdiction on the high seas, in territorial waters, and on land. The program will also address the impact of piracy upon the private sector, examining such commercial-law issues as the rights of buyers and sellers of seized cargo, charterparty claims, and the obligations of marine insurers. Sponsoring Committees Program Chairs: Moderator: Speakers: 10:30 a.m. - 12:00 p.m "AS A MOTH IS DRAWN TO THE LIGHT, SO IS A LITIGANT DRAWN TO THE UNITED STATES" (Lord Denning) Why do so many foreign claimants, particularly from Latin America, bring suit in the United States – even against foreign defendants, and particularly in federal court in Miami? Is it the nice weather? What are the standards courts examine in deciding whether a case should stay in the United States? What are the key decision points on deciding to sue in the United States? In this global environment, is it getting easier or harder for foreign defendants to obtain dismissals from U.S. courts? This multi-jurisdictional panel will examine when foreign plaintiffs will be able to maintain suit in the United States, focusing on recent cases dealing with forum non conveniens and attempts to assert personal jurisdiction over foreign defendants and foreign sovereigns. Discussion will also focus on strategic considerations for foreign plaintiffs and defendants alike to consider in connection with litigation in the United States. Format of the panel will be a roundtable discussion of these issues, with active audience participation. Sponsoring Committees: Program Chair: Moderator: Speakers: 10:30 a.m. - 12:00 p.m This program will provide a unique opportunity for corporate counsel and legal practitioners from around the globe to learn the basics of Intellectual Property due diligence in international transactions. Attorneys from the United States and Latin America will share their unique perspective concerning the acquisition of trademarks, patents, copyrights, and domain names in varying jurisdictions. The panel will discuss cross-border transactions by addressing specific issues regarding recording, registration, use, and transfer of intellectual property rights. And, the panel will lead an interesting discussion pertaining to the most efficient manner to assess economic as well as and non- monetary IP contingencies. Sponsoring Committee: Program Chair & Moderator: Speakers: 10:30 a.m. - 12:00 p.m. Have recent market changes negatively impacted your law practice? Are you wondering how to continue your career climb during these turbulent times? This program will teach lawyers how to analyze their current career situation and plan strategic next steps. Lawyers who have stable positions--as well as those in career transition--will learn to improve their career position through personal branding, positioning, and career networking. Sponsoring Committee: Program Chair & Moderator: Speakers: 10:30 a.m. - 12:00 p.m. This panel will consider the prosecution of criminal misconduct alleged in connection with the operation of a business. Working from the perspective of their various roles, the panelists will consider the matter from the determination of whether to file charges, through trial and appeals, all with comparative commentary by a U.S. criminal defense expert. Panelists will focus on the new federal constitutional mandate for adoption of adversarial criminal procedures and the present achievements of select Mexican states that have led the implementation of these reforms. This program provides essential information to those who would advise companies and their executives on conducting business in Mexico, as well as grounding to lawyers concerned with the criminal justice system and its support for protection of human rights. Sponsoring Committees: Other Sponsors: Program Chairs: Moderator: Speakers: 12:15 p.m. - 1:45 p.m. 2:00 p.m. - 3:30 p.m. For too long, corrupt actors around the world have been able to enrich themselves by stealing, bribing, and extorting with impunity. These corrupt actors use their ill-gotten gains to employ sophisticated lawyers, accountants, bankers, and other professionals to move assets around the globe for them and to hide them from the public view, often permanently. Victim governments and their instrumentalities, often with limited resources and even more limited technical expertise, are called upon to investigate and pursue these criminals and their assets on a very uneven playing field. That is where the public-private partnership asset-recovery model comes in. Join us for a presentation by a group of preeminent corruption fighters and world renowned asset recovery specialists for an in-depth examination of this paradigm-shifting asset recovery approach. Sponsoring Committee: Program Chairs: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. The Obama Administration has promised a government of transparency, one that will follow the letter of the law and fully inform the public. In the immigration and border security arena, this represents a major shift in policy from the George W. Bush Administration. What does a transparent policy mean to the historic challenge of balancing the free flow of goods and people with national security? What is the impact on the United States' relationship with its neighbors in Canada and Mexico? Can the behemoth Department of Homeland Security meet the transparency challenge? As government agencies increasingly share information, what will guarantee the accuracy of the data? How will individual and corporate privacy be safeguarded? What is at risk if a balance is not maintained? This panel will address this American dilemma in light of what is undeniably a global economy, a global workforce, and a global security challenge. Sponsoring Committees: Program Chair: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. Cross-examination is a vital part of Anglo-American common law adversarial litigation – a skill that advocates spend years honing. But in most parts of the civil law world it's not part of courtroom practice and not even considered particularly useful. In an international arbitration, where the participants may come from several legal backgrounds, cross-examination can become a mine field. While one person can come away from a cross-examination thinking the case has just been made, another can think it was a waste of time. And what is the duty of counsel who is faced with a tribunal that is hostile to cross-examination – attempt to win over the arbitrators and hope to win on the merits, or create a record to lay the groundwork for a legal proceeding to set aside the award on the basis of lack of due process? See how legal cultures clash when top advocates undertake a mock cross-examination before a panel of leading international arbitrators, not only in the hearing room but during the post-hearing deliberations. The participants will not only play their roles but will also review each other's views in a lively give and take format. Sponsoring Committees: Program Chairs: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. Have you ever wondered what "social networking" is, and how it could help you develop more clients? This program will take the mystery out of LinkedIn, Facebook, Twitter and other social networking options. Experienced international lawyers who use social networking will also teach you how to use it to bolster your business. Sponsoring Committee: Program Chair & Moderator: Speakers: 2:00 p.m. - 3:30 p.m. Islamic Finance is growing in importance, and not just among Muslim investors. Our panel of experts explain the basics of Sharia-compliant structures, how they are making inroads into financings around the globe, and why the credit crunch affected Islamic financing structures differently. Things every international attorney needs to know--- come interested, and leave conversant in these important issues. Suitable for law students, young lawyers and practitioners of any level looking for a simple, but not simplistic, introduction into the realm of Islamic Finance. Sponsoring Committees: Program Chair: Moderator: Speakers:
3:30 p.m. - 4:00 p.m. 4:00 p.m. - 5:30 p.m. The last two decades of international efforts to promote governance and the rule of law have helped us realize that corruption is one of the major obstacles to economic and social development. There is a common consensus and understanding that corruption undermines the institutional integrity of the different branches of government. Its harmful effects are directly felt by the poor and traditionally disadvantaged groups (women, youth, indigenous populations, people of color) as they become the recipients of public services, policies and programs that lack transparency, integrity and, in many cases, are procured through bribery and fraud without proper oversight and accountability. The program will bring together academics, practitioners, multilateral organizations and representatives of civil society organizations with extensive worldwide experience in the process of combating corruption and promoting the rule of law, particularly in the context of developing countries. The discussion will challenge panelists on two levels. First, it will focus on the institutional strategies developed (how and why) to respond to the challenges brought by corruption across regions and areas: investment financing, rule of law and legal reform efforts, civil society strengthening and monitoring and watchdog efforts, multi-stakeholders dialogues, work on the local and international levels and strategy creation. Second, it will ask them to go beyond the status quo of rule of law and corruption efforts and put the discourse into context by inviting them to answer the following: Are we making any impact? Could we identify some lessons learned on how to improve development effectiveness and achieve strategic impact? How can we best assure that the poor and traditionally disadvantaged groups will not be the hardest hit by this phenomenon? Sponsoring Committees: Program Chairs: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. You represent a Western company doing business in China that's negotiating a deal with a Chinese company. The Chinese company insists that the contract provide for arbitration in China. Your client is concerned that they will not get a fair hearing or have their award enforced in China based on comments they heard about arbitration in China ten years ago. What's your advice based on the current state of commercial arbitration in China? Experienced counsel, arbitrators, and the heads of China's largest arbitration organizations will update you on arbitrating in China today, including the availability of interim relief, whether arbitral forums are available outside China to resolve China-related commercial disputes, and whether and to what extend adverse arbitration awards are enforced against Chinese parties. Sponsoring Committees: Program Chairs: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. The White House, IRS, Treasury and Justice Department crackdown on individuals and companies who improperly utilize tax havens has significant implications for investors and businesses worldwide. The panel will review recent IRS initiatives, such as the expansion of the foreign account reporting and voluntary disclosure program and the enhanced enforcement of withholding tax compliance by non-financial businesses as well as financial institutions, and examine other international areas of IRS focus. The panel will discuss the Administration's 2009 proposals to combat under-reporting of income through the use of accounts and entities in offshore jurisdictions and to reform the international tax system. In addition, recent developments in the UBS summons litigation, international information exchange agreements and treaties, and the OECD initiative will be presented. Sponsoring Committees: Program Chair: Speakers: 4:00 p.m. - 5:30 p.m. Interested in practicing overseas? This program launches the first in a series aimed at exploring ways in which lawyers can create a meaningful practice outside the U.S. As the first in a series, Part I draws on the varied backgrounds of experienced legal practitioners to examine private practice opportunities abroad in the settings of international firms and of "local counsel," and how to get a job practicing law overseas. Follow-up programs will address opportunities in international judicial proceedings and opportunities in NGOs and educational organizations. The program will include brief presentations by panelists, focusing on the expatriated law practice and the substantive nature of that practice. These presentations will be enhanced by moderator follow-up and insistent prompting of questions from the audience. The program take-away will be informative (what to expect from private practice abroad) and instructive (how to best implement a personal or professional decision to practice outside the U.S.). It will also cover how lawyers, particularly those at the beginning of their career, can pursue a meaningful practice outside the U.S. The program will focus on how to create the expatriated law practice (i.e., U.S. nationals choosing to practice law outside of the United States) and the substantive nature of that practice. Sponsoring Committees: Program Chairs: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. The most recent economic crisis evidenced a strong underlying interconnection among the economies of the world – and inevitably, among their legal systems. This is palpable in corporate insolvency cases with international repercussions. At this panel, moderators from the United States and European Union will present primary bankruptcy cases filed in their jurisdictions affecting creditors, debtors, assets, claimants, and third parties in Latin America. Insolvency experts from Argentina, Brazil, Chile, and Mexico will respond specific questions from moderators seeking for responses on aspects of how Latin American jurisdictions embrace the UNCITRAL's Model Law on Cross-Border Insolvency, what sort of cooperation are local judges able to provide foreign courts in cross-border insolvency proceedings, and what mechanisms do local laws provide for the reorganization of financially-troubled businesses. Speakers will point out tips and traps on cross-border insolvency in their jurisdictions. Sponsoring Committees: Other Sponsors: Program Chairs: Moderators: Speakers: 7:00 p.m. - 9:00 p.m. Friday, October 307:00 a.m. - 6:00 p.m. 7:15 a.m. – 8:30 a.m. 7:15 a.m. – 7:45 a.m. 7:45 a.m. – 8:30 a.m. 8:30 a.m. - 10:00 a.m. The financial crisis has impacted almost all existing commercial agreements. Many of these agreements have force majeure provisions or other similar provisions, whose enforceability may be challenged or be more difficult to enforce. This panel will review from each country's perspective the impact that the crisis has had on various forms of commercial agreements and the obstacles to enforcing certain provisions and terminating various forms of commercial relationships in Latin America. Audience members will assist a lively discussion on those and other issues that arise when the crisis directly impacts a party'sability to comply with commercial relations. Sponsoring Committees: Program Chairs: Moderator: Speakers: 8:30 a.m. - 10:00 a.m. The Section of International Law 2009 Fall Meeting convenes on the eve of the First Review Conference of the Assembly of State Parties to the International Criminal Court. This session will include a discussion of issues to be addressed at the Review Conference (including possible new jurisdiction over the crime of aggression), what's at stake for the United States, how the U.S. should approach the conference and the Court generally. Three distinguished experts with extensive experience in U.S. government and international criminal tribunals- currently chairs of Task Forces on the Court separately convened by the American Society of International Law and the Section of International Law- will share their perspectives on the future of the Court and U.S. policy toward it. Sponsoring Committee: Other Sponsors: Program Chair & Moderator: Speakers: 8:30 a.m. - 10:00 a.m. The Obama Administration has signaled that a new framework for trade is required. This program will present perspectives on which issues will formulate that framework and shape United States trade policy for the next several years. It will present a chance to discuss topics that influence U.S. trade relationships with the countries of the world, such as: To what extent will trade be a component of U.S. foreign policy - and with whom? In which areas will we see changes in trade policy from the previous administration? What must the international lawyer understand about the future of U.S. trade policy? A comprehension of the objectives of U.S. trade policy and the means implemented to reach them is critical to the international practitioner. Those attending this program will be that much better prepared for the new trade rules. Sponsoring Committee: Other Sponsors: Program Chair & Moderator: Speakers: 8:30 a.m. - 10:00 a.m. Experienced international lawyers understand that having studied Spanish in high school or roomed in college with a Latino is not enough to understand foreign cultures or work effectively in other countries. Do U.S. Hispanic lawyers fare better than most? This unique program is organized by the International Law Section of the Hispanic National Bar Association (HNBA). Through a unique presentation format, U.S. Hispanic attorneys serving as in-house counsel for major corporations with significant business inLatin America offer expert perspectives on legal developments in Latin America. The program also focuses on how to successfully handle cultural and language barriers. The program is structured to create lively and interactive exchange with the audience (the 5thpanelist) on the basis of actual, personal experiences. Sponsoring Committees: Program Chair: Moderator: Speakers: 8:30 a.m. - 10:00 a.m. While damages are frequently the desired outcome of litigation or arbitration from a Claimant's perspective, their calculation is often given scant attention. There is a variety of calculation methods available to the damages expert, with some more appropriate to a particular circumstance than others. While experts are expected to serve the tribunal (in addition to serving the party that appointed them), there may be additional professional and ethical guidance brought to bear by a particular expert's professional certifying body. That guidance, in turn, can significantly affect the expert's analysis and conclusions. Our panel will use a case study example to highlight differences in applicable damages methods and the ethical guidance and professional standards of various expert bodies from the perspective of the experts themselves, the counsel who retain them and the arbitrators who must evaluate their evidence. Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:00 a.m. - 10:30 a.m 10:30 a.m. - 12:00 p.m. In a roundtable format, some of the today's top arbitrators will share their views on the best practices currently in use in the management of arbitral proceedings, including their views on issues such as the presentation of evidence, privilege, disclosure of information between the parties, arbitrator deliberations and drafting of the arbitral award. The speakers will also share their insights on, among other things, the ethical dilemmas facing arbitrators, the evolving state of arbitration, the different elements necessary for successful advocacy, the importance of culture, and their views on achieving consensus among arbitrators. This program offers a rare inside view into the decision making process of some of today's leading arbitrators, and will be of great interest to those serving as arbitrators, as well as those, who as advocates, seek to persuade arbitrators. Program Chair: Moderator: Speakers: 10:30 a.m. - 12:00 p.m This program will look at current issues that affect contract drafting and interpretation by commercial lawyers and litigators alike. Given that the CISG can have automatic application to contracts involving parties from Contracting States and may seriously modify their terms (a fact which many still not realize), potentially determining the outcome of litigation, this is a must attend program. Topics include: -Default Applicability: A Conflict of Laws Analysis of Articles 1(1)(a), 1(1)(b) and 6 of the CISG -Modification to the Parol Evidence Rule under Articles 8, 9, 11 and 29 of the CISG -Navigating the goods/services waters of Article 3(2) of the CISG -Modification to Damages and Remedies: Articles 74-77 of the CISG -Evolution of CISG jurisprudence in Argentina, Chile, Ecuador, and Mexico-A Comparative Analysis Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:30 a.m. - 12:00 p.m Through unprecedented international cooperation, government enforcers and regulators are reaching beyond their own borders to investigate possible violations of their civil and criminal codes related to international business operations and transactions. The long arm of the law has not only extended its reach, it has strengthened its grip and become increasingly well coordinated. This has resulted in the recent trend toward more prosecutions of individuals and record-setting penalties for companies and individuals. Because of recent high-profile cases, anti-bribery compliance, in particular, has become a major concern for international companies. This program will spotlight the unprecedented collaboration between U.S. and non-U.S. enforcement agencies, and examine the issues companies and their counsel need to understand when involved in a cross-border investigation, including: collecting data; navigating data privacy laws; understanding varying privilege laws; coordinating investigations and settlements with different enforcement agencies; and handling extradition issues. Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:30 a.m. - 12:00 p.m. Keeping apprised of the flurry of activity in bilateral and sub-regional trade and investment agreements in the Americas has become an overwhelming task for trade practitioners and other members of the legal community advising clients that operate in the Americas. With no reasonable prospects for the negotiation of the FTAA, the scramble to complete smaller sub-regional and bilateral FTAs and other treaties has resulted in a further tangling of the already complex web of existing agreements. At the same time, the scope of recent agreements has expanded to cover areas other than the traditional goals of trade integration and investment protection. A leading panel of experts from countries from the Americas, from North and South, government and private sector, will provide attendees with an update of recent developments and together, with views solicited from attendees, an effort will be made to envisage where the future of free trade integration lies in the Americas. Sponsoring Committees: Program Chair: Moderator: Speakers: 10:30 a.m. - 12:00 p.m. The foreign investment landscape in Latin America continues to shift dramatically, for economic, political, and ideologtical reasons—but not in a common direction. States such as Brazil, Colombia and Peru have made significant commitments to create a more favorable legal environment for FDI, and have generally become more accepting of international arbitration to resolve cross-border disputes. Other states have decidedly moved in the opposite direction: Bolivia, Ecuador and Venezuela in particular have enacted constitutional amendments or other laws, renegotiated treaties and contracts, defaulted on foreign debt payments, or shunned ICSID arbitration. These differing stances appear to have had a directly impact on foreigner investors' willingness to risk their capital: FDI flows in the former group have doubled or tripled in the five year period leading up to the current economic crisis, while foreign investment decreased significantly in the latter group during the same period. Why has such a dichotomy emerged? Is this antagonistism towards foreign investment a transitory surge of resource nationalism, or does it portend something more fundamental and enduring? This panel will consider this marked dichotomy and its ramifications for investment and investment arbitration in Latin America. Sponsoring Committees: Program Chair: Moderator: Speakers: 12:15 p.m. - 1:45 p.m. 2:00 p.m. - 3:30 p.m This interactive program consists of four presentations of equal duration on the status of the reception of important model texts in the Americas, interspersed with questions from the moderators and concluding with the opportunity to interact with the panelists. In the case of the New York Convention, we deal not with the adoption of the instrument, rather its application. With respect to the Model Law of International Commercial Arbitration, it is a question of the effect that the Model Law has had on arbitration legislation in the region. The subject of cross-border insolvency becomes more and more important every day, and will be of interest to legislators in the region. Already, some of the most important economies in the region have adopted the UNICTRAL Model Law. For the CISG, we deal with both reception and application. You will come away with a new appreciation for strong currents of convergence in the region that will be of great utility in your practice. Co-Sponsoring Organization: Program Chair: Moderators: Speakers: 2:00 p.m. - 3:30 p.m. This session is part of a two-part series (refer to the Friday 4:00 PM sessions for Part II). Both sessions take place at the Port of Miami. Transportation both to and from the Port of Miami will be provided for these sessions. Transportation will depart the hotel at approximately 1:15 PM and return at approximately 6:15 PM. As security clearances for participants are required, on-site registration for these off-site programs is only available through Wednesday at noon. Have you ever wondered what happens when cargo enters and leaves the country? Well, now is your chance! The Port of Miami is one of America's busiest ports and a very important contributor to the global markets and economies. It contributes over $17 billion annually to the Florida economy and is known both as the Cruise Capital of the World and the Cargo Getaway of the Americas. This program will commence with a Miami port representative who will give a presentation on the port's operations and will conclude with a tour of the port itself, where attendees will get a behind-the-scenes look at what really happens to cargo at the port, as well as cruise ship operations. Round-trip transportation will be provided. Sponsoring Committee: Program Chair & Moderator: Speakers: 2:00 p.m. - 3:30 p.m In 2001, Argentina, in the midst of a financial crisis, defaulted on its sovereign debt, triggering a wave of lawsuits by holders that did not participate in a restructuring offered by Argentina. Recently, Ecuador defaulted on its sovereign debt, claiming that the country's foreign debt had been illegally incurred by previous governments (the "odious debt" defense). Unlike in the case of Argentina, however, most holders tendered their debt to Ecuador. Drawing upon experiences in sovereign debt litigation, this program will discuss emerging issues in such litigation, including sovereign defenses; issues with respect to the enforcement of judgments in sovereign debt litigation; and different approaches taken in the cases of Argentina and Ecuador. Program Chair & Moderator: Speakers: 2:00 p.m. - 3:30 p.m. In the current economic crisis, companies are working to retain key employees, while at the same time undertaking workforce reductions in unprecedented numbers. Stock options are under water, and employers are trying to come up with alternatives. Additionally, non-compete agreements have taken on new importance, as key executives are fleeing for greener pastures. This program will discuss new challenges in structuring compensation systems and retaining key employees, and it will also discuss best practices for enforcing non-compete agreements when, despite their best efforts, key employees depart the company. The program will include a discussion of recent cases involving cross-border enforcement of employment agreements and non-compete agreements; best practices in drafting cross-border employment agreements; and the steps multi-national companies are taking to retain key executives. Program Chairs: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. This will be a roundtable panel presentation by experienced practitioners from around the world to discuss conducting real estate transactions in a slow market. It will include a discussion of restrictions for non-citizens investing in real estate in different countries, and exploring problems and tax issues arising from losses as a result of the global financial crisis. Given the large amount of distressed property on the market in the United States, including a large amount in the State of Florida, the program will also address the investment opportunities for foreign individuals, companies and investment funds in the U.S. distressed property market and some of the pitfalls and cross-border tax considerations in such transactions. Sponsoring Committees: Program Chairs: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. With the DR-CAFTA free trade agreement in effect for all Central American countries and the Dominican Republic as of January 2009, the parties are now under an obligation to negotiate an appellate body or similar mechanism for investor-State arbitration. If/when such a mechanism comes into place, it would be the first of its kind for investment arbitration. Is there a need for such a mechanism? What should the appellate mechanism look like? Can such a mechanism be created where other similar efforts have failed? What are the political issues that will affect what the mechanism looks like? The panel of current and former negotiators and investment arbitration litigators will answer these questions and examine a series of negotiating objectives laid out in DR-CAFTA in a lively format in which they make recommendations to a policy maker. Sponsoring Committees: Program Chair: Moderator: Speakers: 3:30 p.m. - 4:00 p.m. 4:00 p.m. - 5:30 p.m Latin America has been a leader in the microfinance movement since the 1970's. Today, Latin America is the home to some of the most developed microfinance institutions in the world. Unfortunately, the current economic downturn has significantly limited institutional access to funding sources. To help these institutions to continue lending, President Obama has announced the creation of a $100 billion Microfinance Growth Fund for the Western Hemisphere. The Fund is designed to help microfinance institutions rebuild their capacities to lend during the current economic downturn. While access to funding sources is critical to a microfinance institution's success, its ability to penetrate properly a particular country is equally, if not more, important. While microfinance institutions have seen great success in Latin America as a region, there continues to be a great disparity, with only some countries enjoying high rates of microfinance penetration. This program will discuss the impact of microfinance institutions on Latin America and the Caribbean. We will explore the importance of microfinance lending in times of economic crisis, the challenges to funding these institutions, and the impact that microfinance lending can have on depressed economies. We will also focus on how access to microfinance can be improved, especially in the most rural areas of Latin America and the Caribbean. Strategies for increasing penetration, including offering services through other established commercial venues, like pharmacies and markets, will be discussed. Sponsoring Committees: Program Chair: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. Large investments programs have been announced by governments in most Latin American countries as a reaction to the economic crisis. Those governments have decided to help private companies by granting loans or making equity investments. As a result, governments have started a new nationalization wave or at least ended up in a public-private partnership. This panel will compare and contrast host country perspectives in Latin America towards the role of government administration in the economy and whether this may foster or threaten private activity. Four to five Legal Directors of major companies will share their views in the region. Sponsoring Committees: Program Chair & Moderator: Speakers: 4:00 p.m. – 5:30 p.m Third party funding of international arbitration and litigation claims has increased dramatically over the past 18 months. Several funders and funding brokers in the U.S., UK and Australia are focused on this space, reporting significant increases in requests for funding of various sorts. Firms that accept international cases on a contingent fee basis see partial funding structures as a way to hedge their investments in the case outcomes. Firms that do not accept contingent fee cases view third party capital as a way to compete for engagements against rival firms that do. Claim holders—even large corporations—view sales of interests in claims as a way to hedge their risk of loss, even where funding is not strictly required to prosecute the claim. With the advent of legislation in the UK permitting third party funding, the phenomenon is likely to increase. There are ethics and legal issues associated with third party funding that must be taken into account in structuring the financing arrangement. This program will introduce sources for financing in international cases; ethics issues facing lawyers seeking such financing; and structures for financing cases. Program Chair: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. Although the need of legal services and advise continues to grow worldwide and in all practices of law, there is an important constraint in the budgets of the clients to engage external counsel. In-house departments are assuming more tasks internally than what they did in the past. How are in.house departments changing? How are law firms reacting and what are their strategies? Is loyalty a value that is being rediscovered? Sponsoring Committees: Program Chair & Moderator: Speakers: 4:00 p.m. - 5:30 p.m. This session is part of a two-part series (refer to the Friday 4:00 PM sessions for Part II). Both sessions take place at the Port of Miami. Transportation both to and from the Port of Miami will be provided for these sessions. Transportation will depart the hotel at approximately 1:15 PM and return at approximately 6:15 PM. As security clearances for participants are required, on-site registration for these off-site programs is only available through Wednesday at noon. Have you ever wondered what happens when cargo enters and leaves the country? Well, now is your chance! The Port of Miami is one of America's busiest ports and a very important contributor to the global markets and economies. It contributes over $17 billion annually to the Florida economy and is known both as the Cruise Capital of the World and the Cargo Getaway of the Americas. This program will commence with a Miami port representative who will give a presentation on the port's operations and will conclude with a tour of the port itself, where ABA members will be able to get a behind-the-scenes look at what really happens to cargo at the port, as well as cruise ship operations. Round-trip transportation will be provided. Sponsoring Committee: Program Chair & Moderator: Speakers: 6:30 p.m. - 9:30 p.m. 10:30 p.m. Saturday, October 317:30 a.m. - 9:30 a.m. 8:00 a.m. - 9:00 a.m. 9:00 a.m. – 1:00 p.m. 1:15 p.m. – 5:30 p.m. |
