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