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Program AgendaTuesday, October 271:00 p.m. – 6:00 p.m. 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: 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. 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. 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: 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. 3:30 p.m. - 4:00 p.m. 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: 10:00 a.m. - 10:30 a.m. 12:15 p.m. - 1:45 p.m.
3:30 p.m. - 4:00 p.m. 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: 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. 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: 10:00 a.m. - 10:30 a.m 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: 12:15 p.m. - 1:45 p.m. 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 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: 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. 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. 10:00 p.m. Saturday, October 318:00 a.m. - 9:00 a.m. 8:30 a.m. - 9:30 a.m. 9:00 a.m. – 1:00 p.m. 1:15 p.m. – 5:30 p.m. |
