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Program AgendaThursday, 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. |
