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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. 10:30 a.m. - 10:45 a.m. 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: 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. 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. 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 "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: 12:15 p.m. - 1:45 p.m. 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. 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. 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. 3:30 p.m. - 4:00 p.m. 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. |
