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Program Agenda

Full Online Agenda

Show by day:
Tuesday, Nov. 2
Wednesday, Nov. 3
Thursday, Nov. 4
Friday, Nov. 5
Saturday, Nov. 6

Showcase Programming

Show by Track:
Corporate/Transactional
Corporate Counsel/Law Practice
Dispute Resolution/Litigation
International Finance
International Trade/Regulatory
Public International Law/Rule of Law
Spotlight on Europe
Young Lawyers

Mini-Tracks:
Antitrust Law
Employment Law
"How To" Series


Tuesday, November 2

1:00 pm – 8:00 pm
Jardin d’hiver
Registration Open

2:00 pm – 3:30 pm
Salon Tuileries I & II
Doing Business in the CIS: Local Advice, Global Perspective

Spotlight on Europe; Corporate/Transactional; Corporate Counsel/Law Practice

Managing partners of the leading national law firms from key jurisdictions across the CIS (Commonwealth of Independent States) economic region will present a unique local insight and legal advice on doing business in the region which is increasingly attracting international investments. The panel discussion will include an introduction to general business environment issues, update on legal and taxation developments, and special focus on M&A and foreign investment issues. The audience will not only learn about some of the world’s most rapidly developing economies, but get the best local advice on how to avoid traps and pitfalls and safeguard investments in Russia and the CIS region based on the unparalleled local competence of the panelists.

Sponsoring Committee:
Russia/Eurasia Committee

Program Chairs:
Irina Paliashvili, RULG – Ukrainian Legal Group, P.A., Washington, DC
Olga Frolova, Egorov, Puginsky, Afanasiev & Partners, Moscow, Russia

Moderators:
Irina Paliashvili, RULG – Ukrainian Legal Group, P.A., Washington, DC
Dimitry Afanasiev, Egorov, Puginsky, Afanasiev & Partners, Moscow, Russia

Speakers:
Aicholpon Jorupbekova, Kalikova & Associates, Bishkek, Kyrgyz Republic
Nariman Ramazanov, Fina LLP, Baku, Azerbaijan
Tatyana Suleyeva, Aequitas Law Firm, Almaty, Kazakhstan
Alexander Turcan, Turcan & Turcan, Chisinau, Moldova

2:00 pm – 3:30 pm
Salon Vendôme
Judges Roundtable

Corporate Counsel/Law Practice

This program is a roundtable discussion among leading judges addressing changes in European law affecting judicial review, especially on constitutional and human rights issues, differences between the roles and approaches of European and American judges, and perspectives on how the evolving European and international legal regimes will affect judicial decisions over the coming years. Special attention will be given to French law and institutions.

Program Chair:
The Honorable Ronald A. Cass, Cass & Associates, PC, Great Falls, Virginia

Program Chair & Moderator:
Francois-Henri Briard, Delaporte, Briard & Trichet, Paris, France

Speakers:
Marilyn J. Kaman, United Nations Dispute Tribunal, New York, New York
Honorable Kevin Parker, former Vice President of the International Criminal Tribunal for the former Yugoslavia, The Hague, The Netherlands

3:30 pm – 5:00 pm
Salon Vendôme
Meet the Section of International Law: Who We Are, Why We Are Here and What We Can Do for You!

Corporate Counsel/Law Practice

This program will describe how the ABA Section of International Law is organized and works, the benefits it can provide, and how you, as an international practitioner, might become involved. This program is tailor-made for lawyers who are new to the Section and who may be wondering just what an American association of lawyers can do for them and how they can participate in its work. For persons attending a Section event for the first time, it will provide an introduction to the work of the Section and the rest of the Fall Meeting Agenda.

Program Chairs & Moderators:
Marcelo E. Bombau, Membership Officer, ABA Section of International Law, M. & M. Bomchil, Buenos Aires, Argentina
Allin C. Seward, Paul, Hastings, Janofsky & Walker LLP, Paris, France

Opening Remarks:
Salli A. Swartz, Chair, ABA Section of International Law, Phillips Giraud Naud & Swartz, Paris, France
Bart Legum, Vice-Chair, ABA Section of International Law, Salans LLP, Paris, France

3:30 pm – 5:00 pm
Salon Tuileries I & II
Pathways to Employment in International Law
(This program does not qualify for CLE credit)

Young Lawyers

“How to” for 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 one’s foot in the door from transferable job skills and law school courses to take (or miss), to interview tips and where to spend those critical summer breaks.

Sponsoring Committees:
Young Lawyers Interest Network (YIN), Law Student, LL.M., and New Lawyer Outreach Committee

Speakers:
Perlette Michèle Jura, Gibson, Dunn & Crutcher LLP, Los Angeles, California
Doug Mandell, Mandell Law Group, PC,San Francisco, California
Jeffrey G. Meyers, Meyers McConnell, Los Angeles, California
Nancy Matos, Baker & McKenzie, Amsterdam, The Netherlands

5:00 pm – 6:30 pm
Salon Tuileries I & II
Educating the Future Transnational Lawyer:  European Approaches and Innovations

Spotlight on Europe; Public International Law/Rule of Law

Legal education in the U.S. has undergone major reforms in recent years to keep apace with technological developments, globalization and the changing demands of practice.   European legal education has also experienced dramatic changes due to harmonization, economic pressures, and European unification, including the Bologna Process.  Using an interactive, public hearing format, distinguished transnational legal practice experts/professors representing a number of European educational traditions will respond to questions from a distinguished panel of leading U.S. educators seeking to examine the role of legal education in Europe, its approaches and innovations.  With the goal of providing a forum for a lively and informative discussion, practitioners, law firms managers, students and educators in the audience will also be encouraged to question and comment on the observations of the panelists.

Sponsoring Committees:
International Legal Education and Specialist Certification, Transnational Legal Practice Committee, Europe Committee, Law Student, LL.M., and New Lawyer Outreach Committee, U.S. Lawyers Practicing Abroad Committee, International Law Practice Management Forum, International Trade Committee, Young Lawyers Interest Network (YIN)

Program Chair & Moderator:
Robert E. Lutz, II, Southwestern University School of Law, Los Angeles, California

Moderators:
Carol Silver, Indiana University School of Law, Bloomington, Indiana
Ved Nanda, University of Denver College of Law, Denver, Colorado

Speakers:
Soledad Atienza, IE University Law School, Madrid, Spain
Genevieve Burdeau, Université de Paris I, Paris, France
Bertrand du Marais, Member of the French Conseil d’Etat and Université de Paris X Nanterre, Paris, France
Jonathan Lonbay, University of Birmingham School of Law, Birmingham, United Kingdom (Invited)
Hariolf Wenzler, Bucerius Law School, Hamburg, Germany

6:30 pm – 7:30 pm
Salon Aiglon
Speed Networking – A Fun Way to Meet ABA Members and Start the Fall Meeting

Corporate Counsel/Law Practice

Back by popular demand! We had so much fun, we are doing it again. Start the Fall Meeting by meeting ABA and Section Leadership and other 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 create 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!

Program Chairs:
Cyndee Todgham Chernick, Lang Michener LLP, Toronto, Ontario, Canada
Janet Moore, International Lawyer Coach, Inc, Houston, Texas

7:30 pm – 9:00 pm
Salon Impérial
Opening Reception at The Westin Paris

With thanks to our sponsor

Vattier & Associes

Take advantage of the first social event of the 2010 Fall Meeting to reconnect with friends and colleagues from prior meetings and use this opportunity continue to network with all the great colleagues you just met in the Speed Networking session which ends as this reception kicks off.  First time attendees are encouraged to intermingle with conference attendees new and old as well as meet as many members of the Section’s leadership as possible.  Hopefully by the time the night is over you’ll be well on your way to having collected a fist-full of business cards.

9:00 pm – 11:00 pm
Committee Dinners

Take advantage of the free time this evening to enjoy one of the many fine restaurants and quaint cafes that the city of Paris has to offer by organizing your committee members to assemble for dinner. This is a great opportunity to continue to network within your practice area with others at the meeting who share your same interests and have casual discussions over the dinner table; many of which will lead to new initiatives and committee programs developing for months to come after you return home.  This time is also available on both Wednesday and Thursday evenings from 9:00 PM – 11:00 PM. For on-site assistance with selecting restaurants and making reservations, please consult the Meeting Concierge located in the registration area in Jardin d’hiver and for a complete listing of the Committees who have registered their dinner plans with the Section, please contact Abhi Shah, Committee Program Associate, at the CLE Information Booth in Jardin d’hiver.


Wednesday, November 3

7:00 am – 7:00 pm
Jardin d’hiver and Salon Impérial
Registration and Exhibit Hall Open

7:45 am – 9:00 am
Salon Impérial
Continental Breakfast

7:45 am – 8:30 am
Salon Impérial
Meet Your Division Chairs Continental Breakfast

Most of the substantive work of the Section is conducted at the committee level. This breakfast provides an excellent social atmosphere for leaders of each committee to meet their Division Chair. Everyone should walk away having built a stronger relationship amongst the committee leadership.

8:30 am – 9:00 am
Salon Napoléon
Welcome and Opening Remarks Plenary Session with American Bar Association President, Stephen N. Zack

Stephen N. Zack PhotoMembers of the Section and attendees to the 2010 Fall Meeting will be welcomed to Paris and the Country of France by Salli A. Swartz, Chair of the American Bar Association Section of International Law.

This year’s Fall Meeting will kick off with opening remarks being delivered by Stephen N. Zack, President of the American Bar Association.

9:00 am – 10:30 am
Salon Napoléon
Anatomy of International Arbitration

Young Lawyers; Corporate Counsel/Law Practice; Dispute Resolution/Litigation

A review of the nuts and bolts of international arbitration, discussing litigation v. arbitration, various arbitral regimes, arbitration clauses, pleadings/written submissions, selecting arbitrators, interim relief/anti-suit injunctions, discovery, conduct of an arbitration hearing and the award.

Sponsoring Committee:
International Litigation Committee

Program Chair & Moderator:
Robert F. Brodegaard, Brodegaard & Simone LLC, New York, New York

Speakers:
Klaus Gunther, Oppenhoff & Partner, Cologne, Germany
Daniel Marugg, Gloorr & Sieger, Zurich, Switzerland
Dana McGrath, Allen & Overy LLP, New York, New York

9:00 am – 10:30 am
Salon Vendôme
Executive Pay and Loyalty: Strategies for Global Employers and Issues for Mobile Executives

Corporate Counsel/Law Practice; Corporate/Transactional; Spotlight on Europe; Employment Law Mini-Track

There is global pressure on employers to better design executive compensation, and to better control the enterprise risks that come from performance-based incentives, vesting schedules and post-termination disloyalty. How should employers best position for long-term executive loyalty? The velvet glove approach involves retention incentives; the iron fist involves the enforcement of loyalty commitments (such as covenants not to compete, or not to solicit employees or customers). The laws vary greatly between countries and regions, and become more complex when you have internationally mobile executives. This program examines applicable laws, different strategies for business protections and litigation issues (including relevant cases and strategies). For executives who are globally mobile, this program will focus on tax and other compensation issues, especially related to equity awards.

Sponsoring Committees:
International Employment Law Committee, International Corporate Counsel Forum

Co-Sponsor:
Joint Committee on Employee Benefits (JCEB)

Program Chair:
Marjorie Culver, Seyfarth Shaw LLP, New York, New York

Moderator:
William Wright, Fisher & Phillips LLP, Radnor, Pennsylvania

Speakers:
Katell Deniel-Allioux, Salans LLP, Paris, France
Mark Poerio, Paul, Hastings, Janofsky & Walker LLP, Washington, DC
Anders Etgen Reitz, Magnusson, Copenhagen, Denmark
Susan Serota, Pillsbury Winthrop Shaw Pittman LLP, New York, New York

9:00 am – 10:30 am
Salon Tuileries III
Globalized Law: How European States are Influencing New Corporate Responsibility Standards

Spotlight on Europe

How are you planning for the extra-territorial reach of voluntary standards that are rapidly becoming legal norms? Are you aware of the implications Corporate Responsibility/Sustainability (CR/S) has for your company vis-à-vis the emergence of expanding globalized legal standards? In contrast to international law, which is based on the recognition of state sovereignty, globalized law is more about eroding or transcending state sovereignty since it reduces the power of individual nation states to control domestic legal structures. This development is most salient in the area of business and environmental issues in general. The mounting use of voluntary CR/S standards by business of all types and sizes is evidence of their response to stakeholder’s growing demands regarding the continual improvement of and accountability for its environmental, social and governance practices. This panel will help you better understand how these legal structures can impact your business, and what you need to know to keep up with the competition by leveraging opportunities associated with the risks of supply chain pressures and the uncertainties presented by both self-regulation, as well as more formal regulation that is emerging out of this movement.

Sponsoring Committees:
Corporate Social Responsibility Committee, International Environmental Law Committee, International Human Rights Committee

Program Chair:
Roxane Peyser, Maurgood LLC, Atlanta, Georgia

Moderator:
Ira Feldman, Greentrack Strategies, Bethesda, Maryland

Speakers:
Colleen Theron, LexisNexis, London, United Kingdom

9:00 am – 10:30 am
Salon Aiglon
Mergers & Acquisitions: A Brave New World

Corporate/Transactional; International Finance

The panel will address how the current economic climate has (if at all) changed how deals are made. Do reduced leverage levels create opportunities or change the way deals are done? Are private equities making opportunistic purchases? How do they carry these out? After examining recent cross-border M&A transactions involving Chinese, European, Indian and U.S. enterprises, the panel will discuss asset deals and share deals, as well as other tax issues of M&A transactions and how these are dealt and ultimately resolved. The program will also address post-sale restructurings, opportunities to shift target’s assets cross-border at low tax cost due to reduced market values or spins and mergers or other reorganizations to maximize tax attributes or tax losses.

Sponsoring Committees:
China Committee, International M&A and Joint Venture Committee, International Corporate Counsel Forum, Europe Committee

Program Chairs & Moderators:
Elinore J. Richardson, Borden Ladner Gervais LLP, Toronto, Ontario, Canada
Sonia Velasco, Cuatrecasas, Gonçalves Pereira, Barcelona, Spain

Speakers:
Jacques Buhart, Herbert Smith LLP, Paris, France
Stuart Chessman, Vivendi S.A., New York, New York
Nishith Desai, Nishith Desai Associates, Mumbai, India
Lynn McCaw, Dewey & LeBoeuf LLP, London, United Kingdom
Stephen Nelson, King & Wood, Beijing, China
Andrew Solomon, Sullivan & Cromwell LLP, London, United Kingdom

9:00 am – 10:30 am
Salon Castiglione
Protecting Cultural Property in the Event of Armed Conflicts

Public International Law/Rule of Law; Dispute Resolution/Litigation

More than fifty years after the adoption of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, the Convention was finally ratified by the United States. As of 13 March 2009, the U.S. joined 122 other countries to become a party to this Convention, which was nevertheless already respected and implemented by the U.S. armed forces and quoted in the U.S. Army Field Manual. In 1999 the Second Protocol to the Convention was adopted and 56 States are now parties to this Protocol. The efforts to ensure the protection of valuable cultural property are carried out under the auspices of the United Nations Educational, Scientific and Cultural Organization (UNESCO) with its headquarters in Paris. The years have seen the theft, dissipation and destruction of priceless cultural and artistic treasures that have had the misfortune of being located in theatres of armed conflict. Hear from the experts who have been at the center of the international community’s efforts to halt this irreversible loss, the cases that have been won and lost, and a way forward for the preservation of the world’s legacies of culture for future generations.

Sponsoring Committees:
Aerospace and Defense Industries Committee, Europe Committee, Art and Cultural Heritage Committee, Middle East Committee

Program Chair:
William R. Black, BAE Systems, Santa Clara, California

Program Chair & Moderator:
Patty Gerstenblith, DePaul University, Chicago, Illinois

Speakers:
Jan Hladik, Division of Cultural Objects and Intangible Heritage, UNESCO, Paris, France
Dick Jackson, U.S. Department of Defense, Washington, DC (Invited)
Megan Kossiakoff, International Civilian Office/European Union Special Representative, Pristina, Kosovo

9:00 am – 10:30 am
Salon Tuileries I & II
Recent Trends in Antitrust Enforcement by National Competition Authorities in Europe

International Trade/Regulatory; Corporate/Transactional; Corporate Counsel/Law Practice; Antitrust Law Mini-Track

As a complement to the action of the European Commission, national competition authorities are playing an increasingly important role in the enforcement of antitrust law, especially since the modernization of competition law in the EU initiated in 2004. National authorities now routinely cooperate, among themselves and/or with the European Commission in their investigations of mergers or cartels within the framework of the so-called European Competition Network. What is the concrete impact of the co-existence of these authorities and the European Commission for companies doing business in Europe? This program will gather a panel of leading officials of the new French competition authority, German Federal Cartel Office, UK Office of Fair Trading, Spanish Competition Authority and European Commission. They will describe recent developments in terms of enforcement policy in their countries and address in particular the issues of interplay of EU and national competition law and coordination among authorities in transnational investigations across Europe.

Sponsoring Committees:
International Antitrust Law Committee, Europe Committee

Program Chair:
Susana Cabrera, Garrigues LLP, Madrid, Spain

Moderator:
Marcos Araujo Boyd, Garrigues LLP, Madrid, Spain

Speakers:
Dorothe Dalheimer, European Commission, Brussels, Belgium
Cavendish Elithorn, Office of Fair Trading, London, United Kingdom
Clara Guzmán, Spanish National Competition Commission, Madrid, Spain
Stanislas Martin, French Competition Authority, Paris, France
Konrad Ost, German Federal Cartel Office, Bonn, Germany

10:30 am – 11:00 am
Salon Rivoli
“How To” Series: Developing Programs with the Section

Do you have an idea for a program that is timely and topical? If so, then attending this nuts and bolts of how to develop programs for the Section will be instrumental in helping you to develop your proposal. Member and committee involvement through the development of programming continues to be the lifeline of the Section; whether it be for a seasonal meeting, a brown-bag, podcast, webcast, teleconference or stand-alone, or a combination, for CLE or not, there are ample opportunities for your program idea to take flight. Join us to learn more about how to chart the course of your proposal.

Speakers and Program Chairs:
Adam B. Farlow, Section Programs Officer
O. Kip Dillihay II, Deputy Officer, Programs Committee
Marcos Rios, Deputy Officer, Programs Committee
Mohammad A. Syed, Deputy Officer, Programs Committee

10:30 am – 11:00 am
Salon Impérial
Networking Break

11:00 am – 12:30 pm
Salon Napoléon
Europe’s North American Invasion – EU Bilateral Trade Agreements with Mexico and Canada vs. NAFTA

Spotlight on Europe; Corporate/Transactional

NAFTA is a uniquely North American trade agreement designed among other things to enhance the competitiveness of the North American region in relationship to Europe and Asia. Now the EU has successfully negotiated a bi-lateral trade agreement with Mexico and is negotiating with Canada for a similar bilateral agreement, one that might include provincial governments. What are the implications of this for the U.S., Canada and Mexico and for the future of NAFTA, and will the stalled WTO DOHA round negotiations spawn more efforts at using regional agreements as a substitute for multilateral trade agreements?

Sponsoring Committees:
Mexico Committee, Canada Committee

Program Chair & Moderator:
Les Glick, Porter Wright Morris & Arthur, Washington, DC

Speakers:
Armando Ambrosio, NCTM-Studio Legal, Asociato, Milan, Italy
Salmoe Cisnal de Ugarte, IE School of Law, Madrid, Spain
José Félix Poblano Chávez, Embassy of Mexico, Paris, France
Wendy Wagner, Gowlings, Ottawa, Ontario, Canada

11:00 am – 12:30 pm
Salon Aiglon
Museums as the New Diplomats of International Relations: The Cultural Avatar for Rule of Law, Economic Growth and Nation Building

Corporate/Transactional; Spotlight on Europe

Museums and governmental organizations are pioneering innovative models to export avatars of their corporate culture and museum infrastructure to other countries. Supported by host government, tax incentives, scientific and cultural exchange and diplomatic efforts, exports of entire museums, including business systems, human resources, financial operations, technology, curatorial staff and conservation laboratories are being deployed to both developed and developing nations. These museum “avatars” boost local economies in the host country and simultaneously burnish and extend museum “brands.” The new cultural entity functions as a means for host nations to attract capital, boost financial investment, train and educate indigenous work forces, produce licensing revenue, create joint ventures and fortify rational processes and democratic practices, thus expanding development opportunities and fortifying rule of law. This engaging roundtable of lawyers and experts will explore the legal, social, political and economic issues triggered by this new form of foreign relations and relationships.

Sponsoring Committees:
Intellectual Property Committee, International Transactions Committee, Europe Committee

Program Chair:
Susan Brushaber, Susan J. Brushaber PC, Denver, Colorado

Program Chair & Moderator:
J. Alexandra Darraby, The Art Law Firm, Los Angeles, California

Speakers:
Bruno Mottin, Senior Conservator of Paintings, CRM2 Louvre Conservation Lab, Paris, France          
Catherine Sueur, Deputy Director Louvre Museum, Paris, France
Sheikh Sultan bin Tahnoon Al Nahyan, Abu Dhabi Authority for Culture and Heritage, Abu Dhabi, United Arab Emirates (Invited)
Maria Vicien-Milburn, UNESCO, Paris, France

11:00 am – 12:30 pm
Salon Vendôme
Rainmaking Woman-Style: Moving Past Unwritten Rules to Become Your Own Star

Corporate Counsel/Law Practice; Young Lawyers

Despite entry into top levels of major international firms, women continue to face equity barriers in legal practice. Does your geographic location or any other factor dictate your marketing practice? For any lawyer wanting to expand their client base, global expansion of business presents both challenges and opportunities. Beyond economic and ethical constraints, regional and cultural mores for women may serve as additional barriers. How do you build clientele in the face of “unwritten rules” that hinder traditional routes to business development? This program’s purpose is twofold. Through the course of discussion, it will highlight practices that continue to present barriers to gender equity, helping to inform ways to improve women’s participation in all areas of law. The roundtable, made up of culturally and regionally diverse leading women practitioners, will provide a lively, interactive guide to combining successful creative marketing with relationship-building strategies to become your own rainmaker.

Sponsoring Committees:
U.S. Lawyers Practicing Abroad Committee, Women’s Interest Network (WIN), Young Lawyers Interest Network (YIN), International Tax Committee, Law Student, LL.M., and New Lawyer Outreach Committee, International Human Rights Committee, International Models Project for Women’s Rights (IMPOWR) Task Force, Diversity Committee

Program Chairs:
Bayo Callender, Michigan Supreme Court, Lansing, Michigan
Raquel Rodriguez, McDermott Will & Emery LLP, Miami, Florida
Jennifer K. Wills, U.S. Environmental Protection Agency, Washington, DC

Moderator:
Amy Sommers, Squire Sanders, Shanghai, China

Speakers:
Dominique de La Garanderie, La Garanderie et Associés, Paris, France (Invited)
Sara Holtz, ClientFocus, Granite Bay, California
Sheila O’Donnell, Valeo, Paris, France
Priti Suri, PSA Legal Counsellors, New Delhi, India

11:00 am – 12:30 pm
Salon Castiglione
Status of Convergence between U.S. GAAP and IFRS: Implications for Practitioners and Corporate Counsel and Corporate Clients

International Finance; Corporate/Transactional; Corporate Counsel/Law Practice

International accounting standards (IFRS) now directly affect business and legal practices throughout the world and in the United States. From a European and U.S. perspective, the status and implications of convergence of U.S. GAAP and IFRS will be addressed by the leading regulators and experts. A host of pertinent and timely questions will be addressed: What is the current U.S. position? What is the current time table? What are the remaining differences that need to be resolved? What are the steps that need to be taken by companies governed by U.S. GAAP need to be taken to prepare? What are the practical implications for business and legal practitioners? What can be learned from similar transitions in the United Kingdom and elsewhere that may be relevant to the convergence of U.S. GAAP and IFRS?

Sponsoring Committee:
International Securities and Capital Markets Committee

Program Chair & Moderator:
Stuart H. Deming, Deming PLLC, Washington, DC

Speakers:
Richard Fleck, Herbert Smith LLP, London, United Kingdom
Ethiopis Tafara, U.S. Securities and Exchange Commission, Washington, DC (Invited)
Sir David Tweedie, International Accounting Standards Board, London, United Kingdom (Invited)
John White, Cravath, Swaine & Moore LLP, New York, New York  (Invited)

11:00 am – 12:30 pm
Salon Tuileries I & II
Two Wrongs Don’t Make A Right? The Rise of Private Litigation and the Interplay with Public Antitrust Enforcement Around the Globe

International Trade/Regulatory; Corporate/Transactional; Dispute Resolution/Litigation; Antitrust Law Mini-Track

Cartel investigations inevitably trigger a swath of private class actions in the U.S. seeking treble damages on behalf of a class of alleged victims, often including foreign purchasers that may have only tenuous connections to the U.S. While the dual public and private enforcement regime in the U.S. has been criticized as imposing enormous costs on business, it has been an effective avenue for victims of cartels to recover losses, while providing an additional deterrent in the form of treble damages. The EU and other jurisdictions are grappling with how to provide cartel victims with an effective means of obtaining compensation for losses while avoiding the perceived excesses of the U.S. class action system. As cartel investigations are increasingly conducted on an international playing field, plaintiffs’ class action counsel also are exporting litigation across borders, using discovery obtained in one forum as a basis for litigating in another, and funding, coordinating and settling cases on a global basis. These developments pose new threats (as well as potential opportunities) for companies doing business internationally. Experts from jurisdictions in North America, the EU, Asia and Latin America will examine the interplay between public and private enforcement in these regions and recent developments in leniency, plea bargaining, penalties and settlements, as well as the growth of private enforcement through class and representative actions.

Program Chair & Moderator:
Lesley Farrell, SJ Berwin LLP, London, United Kingdom

Speakers:
Filip Kubik, European Commission, Brussels, Belgium
Till Schreiber, Cartel Damage Claims Services SPRL (CDC), Brussels, Belgium
Christopher Vajda, QC, Monckton Chambers, United Kingdom

12:45 pm – 2:15 pm
Salon Impérial
Luncheon with Minister of Economic Affairs, Industry and Employment of France, Madame Christine Lagarde

With thanks to our sponsors

Gide Loyrette Nouel

De Pardieu Brocas Maffe

Christine Lagarde Photo Christine Lagarde was appointed Minister for Economy, Industry and Employment in the fifth Government of Prime Minister François Fillon.

Born in Paris in 1956, Christine Lagarde completed her undergraduate studies in Le Havre and Bethesda (Maryland, USA) at Holton Arms School. She then graduated from law school (Paris X), and obtained a Masters degree from the Political Science Institute in Aix en Provence.

After being admitted as a lawyer to the Paris Bar, Christine Lagarde joined the international law firm of Baker & McKenzie LLP as an associate, specializing in Labor, Anti-trust and M & A.   As a member of the Executive Committee of the firm in 1995, Mrs Lagarde then became Chairman of the Global Executive Committee of Baker & McKenzie in 1999, and subsequently Chairman of the Global Strategic Committee in 2004. Under her leadership, Baker & McKenzie increased their gross revenues by 50 %, and ended the fiscal year 2004 at USD 1.3 billion.

In 2009, Christine Lagarde was ranked the 17th most influential woman in the world by Forbes magazine, the 5th best European executive woman by The Wall Street Journal Europe and became one of Time magazine top 100 world leaders. She was recently nominated 2009 best Finance minister of the European Union by the “Financial Times”. A Survey carried out by “RTL” and “Le Parisien” ranked Christine Lagarde as second most preferred French Personality.

Asked by the French Prime Minister, Dominique de Villepin, to join his Government in June 2005, Christine Lagarde decided to put her skills and work experience to the service of her country. Her nomination as Minister for Foreign Trade allowed Mrs. Lagarde to use her negotiation skills during the World Trade Organization talks. She also promoted French exportations. After a brief stint as Minister for Agriculture and Fisheries under the newly elected President Nicolas Sarkozy she became the first woman to hold the post of Finance and Economy Minister of a G7 country, resulting from the ministerial reshuffle of June 2007. Her nomination was widely acclaimed in the international press.
           
Since then, Christine Lagarde has been in charge of France’s economic policy in the challenging context of one of the most severe crisis since WWII. She also chaired the ECOFIN council, which gathers the Finance Ministers of the European Union, from July 2008 to December 2008. During this period, and under Mrs. Lagarde’s leadership, unprecedented measures to support the financial system as well as the European economies were adopted. 

A regular participant at the G20 meetings, Christine Lagarde has contributed to foster international policies regarding supervision and regulation within the financial sector including issues regarding compensation or non cooperative jurisdictions.  Her address is anticipated to be entitled, The G20 under the French Presidency.

2:30 pm – 4:00 pm
Salon Napoléon
A Postmortem of a Meltdown: Lessons, Failures...and the Future

International Finance; Dispute Resolution/Litigation

Well the crisis appears to be over…for now? While some people are skeptical, we will know by November how lasting this calm is. So it is time to mark our successes and failures – and let’s be brutally candid about our assessments. This program will provide a lively interactive panel discussion of where governments, business and consumers did well; and, equally (or even more) important, where they did not do well… and why they may have failed. Questions we will address include how did the international financial services industry, financial institutions and governments contribute to the crisis? How did they react and respond to the crisis? Were the solutions offered (involving massive injections of liquidity, asset repurchases, curbs on executive compensation, equity backed rescues of major bank groups, increased deposit guarantees and other extraordinary remedies) effective or just short term fixes? Will the experiences of the past several years change the ways of financial service companies operate, the regulatory system that governs them and facilitate harmonization or exacerbate the differences between major financial centers? What of our renewed concerns regarding institutions TBTF - ‘TOO BIG TO FAIL’, remedies involving ‘moral hazard’, governments, pension funds and private equity funds shopping for ‘toxic assets’? Did we solve these issues or have they dropped into a deep, dark pool waiting to resurface with renewed force? Hear our knowledgeable panelists of international standing on these vital topics and much more and ask your tough crystal ball questions and together let’s try to assess the future. Should we buy long – sell short – or simply hedge? Is the present calm a serious opportunity for companies or only the eye of the next part of the storm?

Sponsoring Committees:
International Financial Products and Services Committee, International Securities and Capital Markets Committee

Program Chair:
Adam Farlow, Baker & McKenzie LLP, London, United Kingdom

Program Chair & Moderator:
Alan B. Rabkin, Loyola Law School, Stateline, Nevada

Moderator:
Meyer Eisenberg, Columbia Law School and Willamette University College of Law, Washington, DC

Speakers:
Joseph Beashel, Matheson Ormsby Prentice, Dublin, Ireland
Hubert de Vauplane, Credit Agricole Corporate & Investment Bank and Université de Paris II, Paris, France
Richard Meade, Prudential Insurance Company of America, Newark, New Jersey
Giovanni Prezioso, former General Counsel of the U.S. Securities and Exchange Commission and Cleary Gottlieb Steen & Hamilton LLP, Washington, DC
Ethiopis Tafara, U.S. Securities and Exchange Commission, Washington, DC

2:30 pm – 4:00 pm
Salon Vendôme
Cultural Competency in a Global Arena: Diversity, Equality and Inclusion for the International Lawyer

Corporate Counsel/Law Practice; Public International Law/Rule of Law; Young Lawyers

Borders are no longer barriers. Law is a global practice and you, the international lawyer, must know how to navigate! You must be agile, knowing when and how to adapt to different working environments and cultures. Whether practicing at home or abroad, this affects everything from how you shake hands, dress, negotiate and even how you hold your fork. Cultural sensitivity is a prerequisite to building successful professional and client relations. You will have peers whose national identities, religious beliefs and cultural norms are far different from your own. Diversity in the legal profession is no longer just an issue for lawyers in the United States or Britain. Today’s international lawyer needs to understand diversity, equality and inclusion. Join us for a rousing discussion of cross-cultural diversity issues for the international lawyer.

Sponsoring Committees:
Women’s Interest Network, Seasoned Lawyers Interest Network, Sexual Orientation and Gender Identity Issues Network

Program Chairs & Moderators:
Jennifer Hilsabeck, Lewis and Roca LLP, Las Vegas, Nevada
Sandra Yamate, American Bar Association, Chicago, Illinois

Speakers:
Sharon Jones, Jones Diversity Group, Chicago, Illinois
Kee-Yoon Kim, Bredin Prat, Paris, France
Martin Pradel, Duval-Stalla, Pradel, Reingewirtz & Associés, Paris, France
Sara P. Sandford, Garvey Schubert Barer, Seattle, Washington

2:30 pm – 4:00 pm
Salon Tuileries I & II
Multi-Jurisdictional Merger Review: A 12 Step Program for Corporate Counsel and Transactional Lawyers

International Trade/Regulatory; Spotlight on Europe; Antitrust Law Mini-Track

With the global proliferation of merger control regimes, a transnational merger of any size is likely to trigger notification thresholds in a range of jurisdictions around the world, each with its own particular rules and idiosyncracies. Managing the multi-jurisdictional review process will be one of the key tasks of in-house counsel and their legal advisors. Using a hypothetical scenario, this panel of experienced practitioners, both outside and in-house counsel, will offer practical advice and strategies on how to coordinate the multi-jurisdictional review process and successfully obtain merger clearance in jurisdictions as varied as the EU, France, Canada, the United States and Brazil. Topics to be covered will run the gamut of what every in-house counsel and transactional lawyer needs to know about handling a multi-jurisdictional merger review, including negotiating the competition clauses in the purchase agreement; antitrust due diligence; gun jumping issues; waivers; joint defence and confidentiality agreements; preserving privilege; document creation; dealing with the review process and a myriad of authorities; and negotiating remedies (if necessary).

Sponsoring Committees:
International Antitrust Law Committee, Canada Committee, Aerospace & Defense Committee, International Corporate Counsel Forum

Program Chair:
Elisa Kearney, Davies Ward Phillips & Vineberg LLP, Toronto, Ontario, Canada

Program Chair & Moderator:
Mark Katz, Davies Ward Phillips & Vineberg LLP, Toronto, Ontario, Canada

Speakers:
Michael Byowitz, Wachtell, Lipton, Rosen & Katz, New York, New York
Joana Temudo Cianfarani, TozziniFreire Advogados, São Paulo, Brazil
Simon Hawkins, Amcor Limited, Bristol, United Kingdom
Maria Trabucchi, Freshfields Bruckhaus Deringer LLP, Paris, France

2:30 pm – 4:00 pm
Salon Castiglione
‘Round the World: A Good Governance Update

Public International Law/Rule of Law

Developing countries are paying the price for bad governance – foregoing foreign assistance packages, foreign direct investment and the trust of constituents in their country’s governing bodies. Is good governance a far-fetched dream for developing countries? Should we accept the defeatist attitude many have towards the idea of good governance actually taking hold in developing countries? What strategies could be put in place to make good governance effective, especially in countries where requisite legislation and structures have been put in place? Are there countries where successful inroads have been made with regard to good governance and from which some “best practices” can be drawn upon by other countries seeking inspiration?

Sponsoring Committees:
Africa Committee, Europe Committee, India Committee, Latin America and Caribbean Committee

Program Chair:
Gretchen C. Bellamy, Durham, North Carolina

Program Chair & Moderator:
Roland Abeng, Abeng Law Firm, Douala, Cameroon

Speakers:
David Campos-Pavon, Alcatel-Lucent, Madrid, Spain
Melanne Civic, Center for Complex Operations, National Defense University, Washington, DC
Valerie Dabady, African Development Bank, La Marsa, Tunisia

2:30 pm – 4:00 pm
Salon Aiglon
You Always Hurt the One You Love: Parent and Sibling Company Liability for Corporate Affiliates

Corporate/Transactional; Corporate Counsel/Law Practice; Dispute Resolution/Litigation

This panel, aimed at both transactional lawyers and litigators, will explore the legal risks companies face as a result of having parents, subsidiaries or affiliates abroad. While there are many business reasons to accept these risks, it is important that companies (and the lawyers advising them) have a full understanding of the benefits and liabilities of this corporate structure. This panel will discuss common (and not so common) questions that arise: When does a foreign affiliate subject the parent or other affiliate to jurisdiction to suit in a foreign forum? When can the parent or subsidiary be subjected to discovery or other court proceedings in that forum - even if it is not a party to the litigation? Does having a foreign subsidiary subject the parent to enforcement of judgments in that forum? When is a parent subject to the legislation of the foreign jurisdiction? Under what circumstances can the parent be held liable as an alter ego of an affiliate? What exactly does it mean to pierce the corporate veil? When does the affiliate become and agent of other affiliates? Using an entertaining hypothetical problem, the panel will explore these risks and strategies for minimizing them - both from an operational perspective and in the context of a dispute. Discussion will center on how the risks - and strategies for mitigating them - differ in civil law and common law systems.

Sponsoring Committees:
International Litigation Committee, International Corporate Counsel Forum

Program Chair & Moderator:
Elena Norman, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware

Program Chair & Speaker:
Steven M. Richman, Duane Morris LLP, Princeton, New Jersey

Speakers:
Carole Basri, Corporate Lawyering Group, LLC/Corporate Lawyering Association, New York, New York
John Beerbower, Cravath Swaine & Moore, London, United Kingdom
Rachel Thorn, Latham & Watkins LLP, Paris, France

4:00 pm – 4:30 pm
Salon Rivoli
“How To” Series: Section Publishing – How to Get Your Name in Print

Do you consider yourself an expert within your practice area of international law?  If so, world-wide recognition is at your doorstep, by becoming a published author in one of the ABA Section of International Law’s several publications.  Whether you aspire to write a book, a scholarly law review, a succinct news article or an informative committee newsletter, publishing with one of the Section’s publications is an effective way to demonstrate your expertise.  At this informational session, the Publications Officer and the editors of The International Lawyer and The International Law News will tell you how to get started on your way as a published author for the ABA Section of International Law.

Speakers and Program Chairs:
Marilyn J. Kaman, Section Publications Officer
Patricia Heard, Co-Executive Editor, The International Lawyer
Beverly Duréus, Co-Executive Editor, The International Lawyer
Russell Kerr, The International Law News
Richard Paszkiet, Deputy Director, ABA Book Publishing

4:00 pm – 4:30 pm
Salon Impérial
Networking Break

4:30 pm – 6:00 pm
Salon Castiglione
Cross-Border Insolvencies in a Transatlantic Context: Recognition of Foreign Main Proceedings

International Finance

The financial crisis and the economic downturn have put the insolvency regimes of many countries to a test in recent years. Quite a number of large companies and banks that were active on a global scale filed for insolvency and went into liquidation or restructuring. How do the national insolvency laws and the judicial systems cope with the challenges of cross-border insolvencies when the debtor and its subsidiaries are incorporated, and have assets and creditors, on both sides of the Atlantic? To be sure, with the UNICTRAL Model Law on Cross-Border Insolvency forming the basis of Chapter 15 of the United States Bankruptcy Code and the European Insolvency Regulation setting the framework in the European Union, the recognition of foreign main proceedings is now the rule. Yet, if we know where comity begins, where does it end, specifically if certain classes of unsecured creditors are privileged in one country but rank equal to fellow unsecured creditors in other countries? How should corporate group insolvencies be treated in a cross-border context? This program will attempt to shed some light on the limits of comity, on the use of the public policy defense and on the case for a group insolvency régime in cross-border insolvencies.

Sponsoring Committees:
International Commercial Transactions, Franchising and Distribution Committee, Europe Committee

Program Chair & Moderator:
Alexander T. M. Ritvay, Noerr LLP, Berlin, Germany

Speakers:
Jenny Clift, UNCITRAL, Vienna, Austria (Invited)
Brett H. Miller, Morrison & Foerster, LLP, New York, New York
Michael Schuster, JAFFÉ Rechtsanwälte Insolvenzverwalter, Munich, Germany
Robert van Galen, NautaDutilh, Amsterdam, The Netherlands

4:30 pm – 6:00 pm
Salon Vendôme
Going Global: How to Grow, Staff, and Manage an International In-House Legal Department

Corporate Counsel/Law Practice; Employment Law Mini-Track

A panel of experts from the legal recruiting industry and global law departments will share their insights and offer suggestions and alternatives for building and maintaining an effective and responsive legal team for global business operations, including such innovative approaches as reverse seconding, legal department outsourcing, innovative law firm relationships and dealing with global compliance initiatives and emerging markets.

Sponsoring Committees:
Aerospace and Defense Industries Committee, International Corporate Counsel Committee, Europe Committee, International Employment Law Committee

Program Chair & Moderator:
William R. Black, BAE Systems, Santa Clara, California

Speakers:
Phillip Bramwell, BAE Systems, London, United Kingdom
Romny Gray, former General Counsel, BSI and former EMEA General Counsel, Symantec, London, United Kingdom
Miriam Longchamp, Major Lindsay & Africa, London, United Kingdom

4:30 pm – 6:00 pm
Salon Tuileries I & II
Pricing and Distribution Across Borders: How to Avoid Antitrust Exposure

International Trade/Regulatory; Antitrust Law Mini-Track

This program will bring together leading officials and practitioners from the U.S., the EU, Latin America and Asia who will discuss the latest key antitrust developments on selling and distributing, and consider their practical implications for companies, whether they are suppliers, distributors or customers. The program will provide critical insights and practical guidance on designing and operating distribution networks to meet global business objectives while minimizing antitrust exposure that arises in different legal systems. Our panel of regulators and practitioners from the U.S., the EU, Latin America and Asia will discuss the rules in their jurisdiction on resale price maintenance (RPM) requirements, exclusive and selective distribution networks, online sales and marketing, and bundled pricing, discounts and rebates offered by dominant companies. This program will cover in particular the new EU regulation and guidelines on vertical agreements.

Sponsoring Committees:
International Antitrust Committee, International Corporate Counsel Forum, Europe Committee

Program Chair & Speaker:
Laurent Garzaniti, Freshfields Bruckhaus Deringer LLP, Brussels, Belgium

Moderator:
Jean-Louis Fourgoux, Fourgoux and Associés, Paris, France

Speakers:
Youngjin Jung, Kim & Chang, Seoul, South Korea
William Kovacic, Federal Trade Commission, Washington, DC
Cristianne Zarzur, Pinheiro Neto, São Paulo, Brazil

4:30 pm – 6:00 pm
Salon Napoléon
Stranger In A Strange Land: Cross-Cultural Issues in the Courts

Dispute Resolution/Litigation; Public International Law/Rule of Law

What does “the rule of law” mean in today’s multi-cultural society? In courts around the world, immigrant defendants are pleading “the cultural defense” – invoking the customs of their homelands to explain their actions. “Cultural evidence” is finding its way into more civil cases too – from family law matters, to tort actions, to civil rights and complex commercial litigation. In this highly-interactive presentation, audience members will use hand-held technology to “vote” on real-life cases presented by an expert, inter-disciplinary panel. Should immigrants be held to the same standards as everyone else, on the theory of “When in Rome . . . ”? You be the judge!

Sponsoring Committee:
International Judicial Affairs Committee

Program Chair & Speaker:
The Honorable Delissa A. Ridgway, U.S. Court of International Trade, New York, New York

Moderator:
Jonathan Turley, The George Washington University School of Law, Washington, DC

Speakers:
The Honorable Dominique T. Hascher, Court of Appeal of Reims, Champagne, France
Rene L. Valladares, Office of the Federal Public Defender for the District of Nevada, Las Vegas, Nevada

4:30 pm – 6:00 pm
Salon Aiglon
Why There? The Unasked Questions About Selecting the Place of Arbitration

Corporate/Transactional; Young Lawyers

During this lively debate about the relative merits of six commonly-selected arbitral seats, you will hear leading practitioners answer questions that you should ask before choosing a seat for your arbitrations. Representative jurisdictions include long-standing arbitration centers such as Geneva, New York, London, Paris and Stockholm, as well as a newcomer – Dubai. This program presents a rare chance for insight about (i) costs and delays associated with each potential seat – including costs and delays of ancillary litigation; (ii) efficiencies to be gained by choosing that seat – including whether the courts effectively support arbitration; and (iii) the juridical security of the seat for awards – including whether the courts have a good track record on the review of awards.

Sponsoring Committee:
International Arbitration Committee

Program Chair & Moderator:
Michael M. Ostrove, Paris, France

Speakers:
Dominique Brown-Berset, Brown & Page LLP, Geneva, Switzerland
Sigvard Jarvin, Jones Day, Paris, France
Toby Landau QC, Essex Court Chambers, London, United Kingdom
Carole Malinvaud, Gide Loyrette Nouel, Paris, France
Claudia T. Salomon, DLA Piper LLP, New York, New York
Essam Al Tamimi, Al Tamimi & Company, Dubai, United Arab Emirates

7:00 pm – 9:00 pm
Reception at Hôtel de Ville
2 rue de Lobau, Paris
With thanks to our sponsor

Mairie de Paris
La Mairie de Paris

After the first full day of programming, join your new friends as the Mairie de Paris hosts the Section at the Hôtel de Ville. The Hôtel de Ville is the neo-Renaissance building that is the seat of the Paris city government, rebuilt after being destroyed during the uprising in Paris known as the “commune” that followed the Franco-Prussian war in 1870. The current City Hall was inaugurated in 1882, but the site has been the location of important guild halls and local government offices since 1357. The elaborately decorated building features murals and sculptures by leading artists of the time, including Auguste Rodin. The magnificent reception rooms regularly host important diplomatic visits by representatives of foreign governments. This opening night event is sure to be one you will not want to miss.  Round-trip transportation from The Westin Paris to the Hôtel de Ville will be provided.

9:00 pm – 11:00 pm
Committee Dinners

Take advantage of the free time this evening to enjoy one of the many fine restaurants and quaint cafes that the city of Paris has to offer by organizing your committee members to assemble for dinner. This is a great opportunity to continue to network within your practice area with others at the meeting who share your same interests and have casual discussions over the dinner table; many of which will lead to new initiatives and committee programs developing for months to come after you return home.  This time is also available on both Tuesday and Thursday evenings from 9:00 PM – 11:00 PM.  For on-site assistance with selecting restaurants and making reservations, please consult the Meeting Concierge located in the registration area in Jardin d’hiver and for a complete listing of the Committees who have registered their dinner plans with the Section, please contact Abhi Shah, Committee Program Associate, at the CLE Information Booth in Jardin d’hiver.


Thursday, November 4

7:00 am – 7:00 pm
Jardin d’hiver and Salon Impérial
Registration and Exhibit Hall Open

7:45 am – 9:00 am
Salon Impérial
Continental Breakfast

7:45 am – 8:45 am
Salon Impérial
Committee Breakfasts

Not sure whether to attend the committee business breakfasts? If you don’t attend, you may be missing the greatest benefit of Section membership. Our more than sixty committees cover every possible aspect of public and private international law. Most of the Section’s substantive work is conducted at the committee level. Committee business meetings provide a great opportunity to meet your Section colleagues, learn about and shape committee plans, and become more active in the Section. Section members can join as many committees as they wish—at no charge!  Be sure to check your On-Site Meeting Information Guide once you get to the meeting to determine the day a committee you are a member of or interested in is scheduled to meet.

9:00 am – 10:30 am
Salon Tuileries I & II
Class Actions: Will Emerging Concepts in U.S. Class Actions Find Their Way into European Judicial Systems and What Might the U.S. Learn from Europe?

Dispute Resolution/Litigation; Young Lawyers; Antitrust Law Mini-Track

The class action began as an invention of the English Chancery “mothered . . . by practical necessity.” Large numbers of persons having a common interest were not disqualified from enforcing their rights due to their numbers. Today, class actions evolve as disputes involve growing numbers of people across multiple borders. In the United States, class actions have flourished compelling the courts to take up the issues arising from these disputes, and the defendants to manage the ever increasing risks. More European countries are adopting class actions. To what extent are these jurisdictions informed by the U.S. experience and what can the U.S. learn from these new class action paradigms? This interactive program will discuss and examine class actions in the U.S. and in certain EU jurisdictions in the context of both a tort case (damages to property/person) and a commercial dispute (economic injury). In particular, we will look at emerging issues in the certification of a class, where the prospective class includes citizens of these different countries. For example, in deciding whether to certify a class in the U.S. that would include citizens of EU member countries, the U.S. courts have considered whether each EU country will give res judicata effect to the prospective U.S. class action judgment. Thus, U.S. courts have undertaken systematic review of the domestic law of each class member’s home country before certifying a class. We will present a panel of experts from the U.S., England, France and Italy. We will invite the panelists and the audience to discuss how the cases or issues presented may be handled in the U.S. versus Europe; how class actions are developing in Europe and the U.S.; and, whether these developments will or should be shared.

Sponsoring Committee:
International Litigation Committee

Program Chair:
Alex Blumrosen, Bernard-Hertz-Béjot, Paris, France

Program Chair & Moderator:
Joseph L. Raia, Gunster, Yoakley & Stewart, P.A., Miami, Florida

Speakers:
John F. Mariani, Gunster, Yoakley & Stewart, P.A., West Palm Beach, Florida
Michael L. Martinez, Crowell & Moring LLP, Washington, DC
Kate Matthews, Stevens & Bolton LLP, London, United Kingdom
GianBattista Origoni, Gianni, Origoni, Grippo & Partners, Milan, Italy

9:00 am – 10:30 am
Salon Napoléon
Global Privacy, Data Protection and Security Across Borders

Public International Law/Rule of Law; Spotlight on Europe; Young Lawyers

Varied approaches to privacy and data protection in Asia, Europe, Latin America and the United States, arising from differing perceptions of privacy values and security needs, impact formulation of compliance strategies for global businesses. Panelists playing roles of regulators, plaintiffs and a traveler will test strategies advocated by corporate counsel to meet the needs and risks of crossing borders with data—electronically and in person. Europe and the U.S. have agreed safe harbors, Latin American notions of habeas data and tensions between open society and privacy values reflect attention to rule of law concerns, Asia appears to be exploring yet another path. Panelists will consider the issues in light of new technologies, government security initiatives and the 2009 Joint Proposal for International Standards on Protection of Privacy with regard to Processing of Personal Data, adopted in Madrid by data protection authorities of some 50 countries.

Sponsoring Committees:
Canada Committee, Immigration and Naturalization Committee, International Employment Law Committee, Latin America and Caribbean Committee, Mexico Committee, International Trade Committee

Co-Sponsor:
ABA Section of Science & Technology Law

Program Chairs:
Francisco J. Cortina Velarde, Chévez, Ruíz, Zamarripa y Cía., S.C., Mexico City, Mexico
Patrick Del Duca, Zuber & Taillieu LLP, Los Angeles, California
Marcy Stras, Cozen O’Connor, Washington, DC

Moderator:
Sergio R. Karas, Karas & Associates, Toronto, Ontario, Canada

Speakers:
Bojana Bellamy, Accenture, London, United Kingdom
Seth P. Berman, Stroz Friedberg, London, United Kingdom
Isabel Davara F. de Marcos, Davara Abogados, S.C., Mexico City, Mexico
Michael Donohue, Organisation for Economic Co-Operation and Development (OECD) Centre for Science, Technology and Industry, Paris, France
Yan Padova, Commission Nationale de l’Informatique et des Libertés (CNIL), Paris, France
Karl Waheed, Karl Waheed Cabinet d’avocats, Paris, France

9:00 am – 10:30 am
Salon Vendôme
Lost in Translation – Cross-Border Employment Law Issues for Multinational Employers

Corporate Counsel/Law Practice; Young Lawyers; Employment Law Mini-Track

Corporate counsel and human resources professionals in multi-national companies, or those anticipating cross-border acquisitions, face an array of issues caused by conflicting laws and extraterritoriality considerations. These start with the initial contract, and include such matters as non-compete agreements, choice of law and forum and arbitration clauses. However, the issues continue throughout the employment relationship, implicating data protection and privacy, as well as possible claims of discrimination and investigations across borders. Even the end of an employment relationship raises questions, from the termination decision and enforcement of restrictive covenants. Advisers who assume in good faith that following the laws of their own jurisdiction keeps them safe from challenge often find themselves facing claims. The program will consider the nature of these conflicts, how counsel can harmonize clashing requirements, and keep companies in compliance with their local laws without placing them in jeopardy elsewhere.

Sponsoring Committee:
International Employment Law Committee

Program Chair & Moderator:
Eric A. Savage, Littler Mendelson P.C., Newark, New Jersey

Speakers:
Anna Birtwistle, CM Murray LLP, London, United Kingdom
Simon Brockett, Twinings UK, London, United Kingdom
Bapsy Dastur, GE Energy, London, United Kingdom (Invited)
Pascal Lagoutte, Capstan Avocats, Paris, France

9:00 am – 10:30 am
Salon Aiglon
Navigating a Rocky Economy – Legal Advice When Your Client or Counterparty is in Distress

Corporate/Transactional

Many companies are facing new, and sometimes novel, questions regarding their relationships with joint venture partners, vendors and other key business partners which may be facing severe economic issues. Others are seeking to take advantage of financial dislocation to invest or enter into business relationships on advantageous terms. This program will examine special opportunities and risks that arise when representing, or across the table from, a distressed company. In particular, we will examine whether and how to bid on assets; special legal risks arising in the pre- (or seeking to avoid) bankruptcy context; issues relating to joint ventures; and other opportunities and problems that arise when a company’s customers or suppliers are experiencing financial stress. We will also examine fiduciary and other board level issues from the perspective of the stressed company. Using real life examples, our panel will explore the advantages and disadvantages of alternative approaches for actual and potential business partners, in both the commercial and the M&A context.

Sponsoring Committees:
International M&A and Joint Venture Committee, International Commercial Transactions Committee

Program Chair:
David M. Silk, Wachtell, Lipton, Rosen & Katz, New York, New York

Speakers:
Camila Goldberg, Barbosa, Müssnich & Aragão Advogados, Rio de Janeiro, Brazil
Frank Miller, Freshfields Bruckhaus Deringer LLP, London, United Kingdom
Xiaolian Zhang, King & Wood, Beijing, China (Invited)

9:00 am – 10:30 am
Salon Tuileries III
Open Sesame: Demystifying Doing Business in Emerging Economies

International Finance; Corporate/Transactional; International Trade/Regulatory; Antitrust Law Mini-Track

As the Western economies struggle to recover from the global financial crisis, the BRIC countries and other emerging economies are predicted to be the new engine of economic growth. These economies are becoming essential sources of expansion and opportunity for multinational corporations and their service providers, including law firms. In addition to navigating unfamiliar rules of engagement on foreign investment, competition and intellectual property, multinational businesses and their service providers must often overcome legal and commercial barriers to competing in new territories, while navigating institutions and customs that are essential to doing business in these jurisdictions.

Sponsoring Committees:
India Committee, Russia/Eurasia Committee, International Corporate Counsel Forum, China Committee

Program Chair:
Claire Webb, Weil, Gotshal & Manges LLP, New York, New York

Program Chair & Moderator:
Fiona Schaeffer, Jones Day, New York, New York

Speakers:
Marcelo E. Bombau, M. & M. Bomchil, Buenos Aires, Argentina
Sandeep Kapoor, Sequoia Capital, Bangalore, India
Erik Wulff, DLA Piper LLP, Washington, DC

9:00 am – 11:00 am
Salon Castiglione
What Should Law Firms Change in the Next Decade?

Corporate Counsel / Law Practice

This program will bring together partners of major law firms particularly in different European Member States who will discuss various types of development strategy and exchange views on common issues facing law firms in the next decade. Each topic will be introduced by one speaker and followed by a round table discussion and responses to questions from the floor:

  • In the current economic climate, what kind of strategy should law firms adopt: globalization, regional, "niche"?
  • Will the current scope of "our territory" be infringed by auditors and other types of associations or consultants rendering legal services?
  • How should legal services be valued?  Will some legal services become more of a commodity?
  • What sort of factors will attract the best students (profile of career, training, compensation,…)?
  • Partnership track and alternative tracks to the principle up or out?
  • Are we witnessing the start of transatlantic mergers?

Program Chair:
Charles-Henri de Pardieu, Senior Partner, De Pardieu Brocas Maffei, Paris, France

Program Chair & Moderator:
Jacques Buhart, Partner, Herbert Smith LLP, Paris, France

Panelists:
Stephen Denyer, Global Markets Partner, Allen & Overy LLP, Frankfurt, Germany
Christopher Eck, Managing Partner, Gide Loyrette Nouel, Paris, France
Francesco Gianni, Senior Partner, Gianni Origoni Grippo & Partners, Rome, Italy
Glenn P. Hendrix, Immediate Past Chair, ABA Section of International Law and Managing Partner, Arnall Golden Gregory LLP, Atlanta, Georgia
Christian Herbst, Partner, Schoenherr, Vienna, Austria
Patrick Jais, Partner, De Pardieu Brocas Maffei, Paris, France
Tomas Lindholm, Partner, Lindholm Wallgren, Helsinki, Finland
Justin D. Vineberg, Partner, Davies Ward Phillips & Vineberg LLP, Montreal, Quebec, Canada

9:00 am – 6:00 pm                   
Salon Rivoli
Committee Business Meetings

Committee Business Meetings allow Committee leaders and members the opportunity to have 50 minutes of uninterrupted time to conduct official committee business and strategic planning. Times are be assigned based upon room availability. These meetings can be in addition to or in lieu of the Committee Breakfast Meetings scheduled for Thursday and Friday.  If you would like schedule a meeting or confirm if a meeting has been arranged for your Committee, please contact Abhi Shah, Committee Program Associate, at the CLE Information Booth in Jardin d’hiver.

10:30 am – 11:00 am
Salon Impérial
Networking Break

With thanks to our sponsors

Flichy Grange Avocats

Salans

10:30 am – 11:00 am
Salon Rivoli
“How To” Series: Section Publishing – How to Get Your Name in Print

Do you consider yourself an expert within your practice area of international law?  If so, world-wide recognition is at your doorstep, by becoming a published author in one of the ABA Section of International Law’s several publications.  Whether you aspire to write a book, a scholarly law review, a succinct news article or an informative committee newsletter, publishing with one of the Section’s publications is an effective way to demonstrate your expertise.  At this informational session, the Publications Officer and the editors of The International Lawyer and The International Law News will tell you how to get started on your way as a published author for the ABA Section of International Law.

Speakers and Program Chairs:
Marilyn J. Kaman, Section Publications Officer
Patricia Heard, Co-Executive Editor, The International Lawyer
Beverly Duréus, Co-Executive Editor, The International Lawyer
Russell Kerr, The International Law News
Richard Paszkiet, Deputy Director, ABA Book Publishing

11:00 am – 12:00 pm
Salon Mont-Thabor
2011 Fall Meeting Co-Chairs Open Invitation Planning Meeting

The Co-Chairs and Steering Committee of the 2011 Fall Meeting extend an open invitation for you to attend this meeting if you are already a member or if you are interested in becoming a member of the overall Planning Committee to assist in the various planning components which are involved in preparing for next Fall’s meeting in Dublin, Ireland.

11:00 am – 12:30 pm
Salon Napoléon
Apples and Oranges: The Hazard of a Hasty Choice of Law in M&A Contracts

Corporate/Transactional; International Finance

A self-moderated, interactive presentation with leading lawyers in the U.S., Switzerland, Spain and Germany regarding the impact that the governing law of a share purchase agreement or an asset purchase agreement may have and how it may affect the enforceability of the contract. The program also addresses the ramifications of such compromises in the courts and arbitration hearings. After attending this session, you will have a better understanding of: (a) common clauses or expressions by courts in certain jurisdictions may not be as you have contemplated (e.g. meaning of “best efforts”, “negligence”); (b) what provisions of public policy will override the choice of governing law; and (c) why setting on the geographic mid-point of the co-contracting parties may not necessarily be the best choice for the governing law of your contract.

Sponsoring Committees:
International M&A and Joint Venture Committee, International Litigation Committee, International Arbitration Committee

Program Chairs & Moderators:
Manuel Liatowitsch, Schellenberg Wittmer, Zurich, Switzerland
Hartmut Krause, Allen & Overy LLP, Frankfurt, Germany

Speakers:
Albert Garrofé, Cuatrecasas, Gonçalves Pereira, New York, New York
Lorenzo Olgiati, Schellenberg Wittmer, Zurich, Switzerland
William Savitt, Wachtell, Lipton, Rosen & Katz, New York, New York

11:00 am – 12:30 pm
Salon Aiglon
Going Green Without Going Mad: Requirements, Challenges and Strategies for Compliance with REACH, the EU’s Most Recent Regulatory Regime

International Trade/Regulatory

Companies doing business in international markets face a bewildering array of local regulatory requirements governing their business and marketing activities. In addition, the trend toward “greener” chemicals and materials opens up substantial market opportunities, but also poses significant costs and risks for business. In the past, many companies have attempted to meet international requirements by focusing their multinational compliance programs on U.S. regulatory standards. In light of the introduction of increasingly sophisticated and complex regulatory regimes in other jurisdictions, companies and their counsel are now reevaluting this strategy. With the implementation of the REACH (Registration, Evaluation and Authorization of Chemical Substances) in the European Union in June 2007, multinational companies were presented with a new, ambitious regulatory regime. Unlike regulations in the United States, the EU registration requirements apply to “articles” (objects composed of substances and/or preparations, with a specific shape, surface or design), where substances could be released during normal and foreseeable use. This interactive program will illustrate REACH’s scope and requirements by following a product containing restricted substances through a European tour, covering registration and possible restriction of regulated substances, challenges to maintaining the supply chain, and import/export issues. In addition, the panel will discuss how REACH has influenced other countries throughout the world. The panel will also discuss strategic options for managing these global trends, such as efforts to harmonize these competing systems, engagement in international standard setting, supply chain contracting strategies, voluntary efforts to anticipate regulatory trends, and ways lawyers may advise or otherwise be involved in such initiatives. Finally, the audience will be given a unique opportunity to pose questions to experienced practitioners and learn best practices for compliance from the experts.

Sponsoring Committees:
Customs Law Committee, Europe Committee, International Trade Committee

Program Chairs & Moderators:
Cortney O’Toole Morgan, Barnes, Richardson & Colburn, Washington, DC
Kim I. Stollar, The Boeing Group, Seal Beach, California

Speakers:
Jim DeLisi, Fanwood Chemical Inc, Fanwood, New Jersey
Tim Hesselink, Lear Corporation, Velizy, France
Jean-Philippe Montfort, Mayer Brown LLP, Brussels, Belgium
Anja von Hahn, BASF SE, Ludwigshafen am Rhein, Germany

11:00 am – 12:30 pm
Salon Castiglione
How to Share the Burden of Refugees in the European Union

Public International Law/Rule of Law; Spotlight on Europe

Southern European border nations are being flooded with migrants entering by sea from Africa increasing xenophobic tensions and resulting in a significant economic requirement to house, maintain and evaluate claims for asylum. The EU has proposed for discussion a mandatory burden-sharing plan to relieve the social, economic and legal problems inherent in this situation. The panel will discuss the impact and legality of this effort.

Sponsoring Committees:
Europe Committee, Immigration and Naturalization Committee

Program Chair & Moderator:
Peter H. Matson, Law Offices of Peter H. Matson, Madliena, Malta

Speakers:
Barbara Harrell-Bond, Oxford, United Kingdom
Sakari Vuorensola, Frontex, Warsaw, Poland

11:00 am – 12:30 pm
Salon Vendôme
The Growth of Lobbying and Evolution of Lobbying Regulation: A Comparative Perspective
(This program to qualify for ethics CLE)

Corporate Counsel/Law Practice, Spotlight on Europe

The responses of governments across the globe to the financial crisis has magnified the extent to which every government and the private sector are intimately bound together. As the complexity of government increases and the voices of those attempting to be heard by government officials reach painful levels, the role of lawyers as traditional advocates is being reinvented. Lawyers must become lobbyists, hire lobbyists and advise clients and employers on lobbying. Each jurisdiction presents unique challenges and opportunities, and many contain unique regulatory and ethical constraints. Both the European Union and OECD are exploring options for lobbyist regulation; many organizations representing public affairs professions are adopting or considering codes for self regulation. If you lobby, work with lobbyists or hire lobbyists, you should attend this program to learn how to work within today’s legal and ethical framework and what to anticipate for tomorrow.

Sponsoring Committee:
International Corporate Counsel Committee

Program Chair & Moderator:
Thomas M. Susman, Office of Governmental Affairs, American Bar Association, Washington, DC

Speakers:
Benoit Le Bret, Gide Loyrette Nouel, Brussels, Belgium
Andrew Laidlaw, The Law Society of England & Wales, London, United Kingdom
Catherine Stewart, Interel European Affairs, Brussels, Belgium

11:00 am – 12:30 pm
Salon Tuileries I & II
Victory Abroad: Successfully Taking and Defending Depositions Abroad

Dispute Resolution/Litigation; Spotlight on Europe; Young Lawyers

The program will commence with a roundtable discussion of the planning for and pitfalls to be avoided in connection with and practical tips for taking a deposition abroad. This will include a discussion of various foreign privileges, blocking statutes and how to overcome them. The program will conclude with a mock deposition held in Paris.

Sponsoring Committee:
International Litigation Committee

Program Chair, Moderator & Speaker:
Robert F. Brodegaard, Brodegaard & Simone LLC, New York, New York

Speakers:
Brian Dunning, Thompson & Knight LLP, New York, New York
Elaine Metlin, Dickstein Shapiro LLP, Washington, DC (Invited)

12:45 pm – 2:15 pm
Salon Impérial
Luncheon with Paris Bureau Chief and Middle East Regional Editor for Newsweek, Christopher Dickey

With thanks to our sponsors

Freshfields Bruckhaus Deringer LLP

Wachtell, Lipton, Rosen & Katz

Christopher Dickey PhotoAward-winning author Christopher Dickey is the Paris Bureau Chief and Middle East Regional Editor for Newsweek Magazine. Previously he worked for The Washington Post as Cairo Bureau Chief and Central America Bureau Chief. Chris's career has spanned more than three decades and several wars. His Shadowland column, about counter-terrorism, espionage and the Middle East, appears weekly on Newsweek Online.

Chris' most recent book, Securing the City: Inside America's Best Counterterror Force -- The NYPD, was published in February 2009 and picked by The New York Times as one of the notable books of the year. Others include With the Contras: A Reporter in the Wilds of Nicaragua (Simon & Schuster, 1986); Expats: Travels from Tripoli to Tehran (Atlantic Monthly Press, 1990); Innocent Blood: A Novel (Simon & Schuster, 1997), and Summer of Deliverance: A Memoir of Father and Son (Simon & Schuster, 1998). His most recent novel, The Sleeper, was published by Simon & Schuster in September 2004. 

Chris has also written for Foreign Affairs, Vanity Fair, The New Yorker, Wired, Rolling Stone, The New York Review of Books, The New York Times Book Review, and The New Republic, among other publications. He is a frequent commentator on the BBC, France24, CNN, MSNBC and National Public Radio, as well as other television and radio networks.

Chris is a member of the Council on Foreign Relations, where he was formerly an Edward R. Murrow Press Fellow; of the Overseas Press Club of America; and of the Anglo-American Press Association of Paris. He is also a visiting professor at the University of Sheffield in the United Kingdom.

2:30 pm – 4:00 pm
Salon Tuileries I & II
Arbitration Clauses in International Tax Treaties – Do They Work?

Dispute Resolution/Litigation; International Finance; Public International Law/Rule of Law; Young Lawyers

The Protocol to the Income and Capital Tax Treaty between France and the United States that entered into force on December 23, 2009 is the fifth double taxation treaty signed by the United States, after Canada, Belgium, Germany and Italy, which provides for mandatory and binding arbitration as a final tool for resolution of disputes between the competent authorities pursuant to such treaties. A similar arbitration clause was introduced in the 2008 revision of the Organization for Economic Cooperation and Development Model Tax Convention. Experts in international taxation, international arbitration as well as officials from the OECD and the French administration will discuss the effectiveness of the arbitration proceedings provided for by the recent U.S. double taxation treaties as well as the OECD Model Tax Convention. The roundtable will (1) explain how these arbitration proceedings work and how they differ from other type of arbitration proceedings; (2) examine unresolved aspects of their implementation; and (3) discuss the prospects of success of the provisions as they have developed thus far.

Sponsoring Committees:
International Tax Committee

Program Chair & Moderator:
Marco A. Blanco, Curtis, Mallet-Prevost, Colt & Mosle LLP, Paris, France

Speakers:
Mary C. Bennett, Organisation for Economic Co-Operation and Development (OECD) Centre for Tax Policy and Administration, Paris, France
Peter M. Wolrich, Chairman of the Commission on Arbitration and Chairman of the Task Force on the Revision of the ICC Rules of Arbitration at the International Chamber of Commerce, Paris, France

2:30 pm – 4:00 pm
Salon Castiglione
Expanding the Rule of Law Agenda to Achieve Greater Impact: Why Private International Law Matters to Good Governance, Economic Development and the Rule of Law

Public International Law/Rule of Law; Corporate/Transactional; Corporate Counsel/Law Practice

Public sector rule of law reform as part of good governance efforts in developing countries has been at the center of the rule of law agenda. Often overlooked, however, is how the principles and mechanisms of private international law, expressed in multilateral treaties, model laws, legislative guidance and other instruments, also have a direct and increasingly positive role in promoting good governance, the rule of law and economic development and integrating the less developed countries into the globalized society and economy. This panel will bring together representatives from four major international organizations where the harmonization process of private international law takes place, as well as several experienced practitioners working on these highly complex and sophisticated business and judicial matters from the private perspective. Panelists will explore how the principles and practices of private international law directly contribute to fostering good governance and rule of law reform in the context of developing countries. The discussion will examine recent efforts to deal with harmonization and codification in diverse subject areas (e.g., international commercial and financial law, including carriage of goods by sea, secured transactions and consumer protection; international protection of children and vulnerable adults, family and property relations; dispute resolution and the enforcement of arbitral awards among others). This will be linked to a discussion on the challenges and opportunities of putting these efforts in motion at the national and regional level. Finally, based on institutional experiences and lessons learned, the panel will focus on how to integrate private international law initiatives into the rule of law agenda as important vehicles to strengthen democratic governance, capacity building, social cohesion and economic development at the national and regional levels in order to make a positive and long lasting impact on people’s lives.

Sponsoring Committees:
UN and International Institutions Coordinating Committee, Private International Law Coordinating Committee

Program Chair & Commentator:
David P. Stewart, Georgetown University Law Center, Washington, DC

Program Chair & Moderator:
Lelia Mooney, Partners for Democratic Change, Washington, DC

Speakers:
Jean Michel Arrighi, Organization of American States, Washington, DC
Jose Angelo Estrella Faria, International Institute for the Unification of Private Law, Rome, Italy
The Honorable Delissa A. Ridgway, U.S. Court of International Trade, New York, New York
Renaud Sorieul, United Nations, New York, New York
Johannes van Loon, Hague Conference on Private International Law, Hague, The Netherlands

2:30 pm – 4:00 pm
Salon Napoléon
International Forum-Shopping, Regulatory Competition and Business as Legal Combat

International Trade/Regulatory; Dispute Resolution/Litigation

With growing numbers of regulatory authorities around the world and declining thresholds for exercising authority, international businesses have greater opportunities for (and greater risks from) forum-shopping aimed at restraining a competitor. The change has been most apparent in antitrust/competition law, where more than 100 national or transnational competition law regimes can claim authority. Given differences in procedures, evidentiary standards and substantive law, authorities could reach results dramatically at odds with each other. This has implications for how competitors do business, how disputes are resolved, what effect legal rules have and the degree to which businesses operate under predictable legal rules, including questions respecting even-handed application of the law. Panel members from law and business will discuss whether these developments are salutary ways of letting jurisdictions control conduct that affects citizens in many nations around the globe or threats to orderly business and the rule of law.

Sponsoring Committees:
International Intellectual Property Committee, International Antitrust Committee, International Trade Committee

Program Chair & Moderator:
The Honorable Ronald A. Cass, Cass & Associates, PC, Great Falls, Virginia

Speakers:
Jean-Yves Art, Microsoft Corporation, Brussels, Belgium
Hendrick Bourgeois, General Electric Company – Europe, Brussels, Belgium
Roy Hoffinger, Qualcomm, San Diego, California
Fiona Schaeffer, Jones Day, New York, New York

2:30 pm – 4:00 pm
Salon Aiglon
Issues and Pitfalls When Negotiation and Enforcing Reps, Warranties and Indemnities in M&A Agreements

Corporate/Transactional; Young Lawyers

At the heart of every M&A deal is the allocation between the parties of such risks and liabilities – whether known or unknown – inherent to the transferred business. The most common method used to effect such allocation is the inclusion of reps and warranties made by seller in the transfer agreement. Such reps and warranties, combined with indemnification provisions and the security supporting them, commonly provide the essential protection for the buyer in the proposed transaction. This panel shall discuss the negotiation process and current market trends in resolving the various issues which arise when drafting these paramount sections of the acquisition agreement. Special attention shall be given to the impact of the due diligence, use of escrows, survival terms for reps and warranties and structuring of indemnity clauses, including their scope and duration. And most importantly, the panelists shall examine the main issues that arise when enforcing these clauses, as well as the current case law criteria in their respective jurisdictions of practice.

Sponsoring Committees:
International M&A and Joint Venture Committee, International Commercial Transactions, International Corporate Counsel Forum

Program Chair & Moderator:
Christine M. Castellano, Corn Products International Inc., Westchester, Illinois

Moderator:
Pablo Ferraro-Mila, Gonzalez & Ferraro Mila Abogados, Buenos Aires, Argentina

Speakers:
Mark Greene, Cravath Swaine & Moore, New York, New York
Florian Jörg, Bratschi Wiederkehr & Buob, Zurich, Switzerland
Salli A. Swartz, Phillips Giraud Naud & Swartz, Paris, France

2:30 pm – 4:00 pm
Salon Vendôme
The Wages of Sin: Legal Consequences of Misclassifying Employees, Independent Contractors and Others

Corporate Counsel/Law Practice; Spotlight on Europe; Employment Law Mini-Track

Misclassifying workers in both the U.S. and Europe has serious and costly legal consequences. Employers frequently believe that an individual is not an employee but rather an independent contractor, a partner/owner or an employee of a vendor, and find to their dismay that the person is considered an employee by the applicable government entity. Payroll taxes and steep penalties, liability for employee benefits and liability for workplace injuries are just some of the consequences of mistaken classification. In addition, in the U.S. there are many lawsuits regarding the misclassification of employees. European companies and attorneys advising them about U.S. operations need to know the standards by which employee and exempt status are judged in the U.S., and U.S. attorneys need to know what standards apply in the EU. This will be an interactive, multi-national, diverse panel, using videos drawn from real cases. Audience participation will be encouraged.

Sponsoring Committees:
International Employment Law Committee, International Commercial Transactions

Program Chairs & Speakers:
Alan M. Koral, Vedder Price P.C., New York, New York
Ute Krudewagen, Baker & McKenzie LLP, Palo Alto, California

Moderator:
Patrick Thiebart, JeantetAssociés, Paris, France

Speakers:
Carsten Domke, CMS Hasche Sigle, Cologne, Germany
Ming Henderson Vu-Thi, Oracle Corporation, Redding, United Kingdom

4:00 pm – 4:30 pm
Salon Rivoli
“How To” Series: Policy and the Section

Policy Officer Ronald J. Bettauer will be available at this session to discuss policy-making opportunities within the Section.

Speaker and Program Chair:
Ronald J. Bettauer, Section Policy/Government Affairs Officer

4:00 pm – 4:30 pm
Salon Impérial
Networking Break

With thanks to our sponsor

Curtis, Mallet-Prevost, Colt & Mosle LLP

4:00 pm – 4:30 pm
Jardin d’hiver
“Meet the Authors”

The Section of International Law’s book authors and editors will be able to meet with you in person to discuss their books and address any questions you may have on their books. All Section books will be available for purchase in the exhibit hall.

4:30 pm – 6:00 pm
Salon Aiglon
Have Corporate Governance Models Achieved Their Goals During the 2007-2009 Crisis?

Corporate/Transactional; Corporate Counsel/Law Practice

Commentators have opposing views on whether or not corporate governance models have achieved their goals during the 2007-2009 crisis. The debate on this issue is common to all sophisticated corporate governance systems, whether American or European. The panel will feature experts drawn from the legal profession and academia who will debate the goals that corporate governance models should promote based on an assessment of achievements and failings current models have demonstrate during the economic crisis and its aftermath. Issues that will be discussed include: What is the purpose of corporate governance: create value for whom? Prevent risks from what? How to reflect ethics, sustainable development, corporate, environmental and social responsibility in post-crisis corporate governance models?

Have existing models–including management compensations systems–actually created value, created procyclical effects in the recent crisis or merely prevented unreasonable risk-taking management policies?

Program Chair & Moderator:
Philippe Portier, JeantetAssociés, Paris, France

Speakers:
Frank E. Dangeard, Harcourt, Paris, France
Grant Kirkpatrick, Organisation for Economic Co-operation and Development (OECD) Financial and Enterprise Affairs, Paris, France
Steven A. Rosenblum, Wachtell, Lipton, Rosen & Katz, New York, New York
Peter Wirtz, University of Lyon, Lyon, France

4:30 pm – 6:00 pm
Salon Castiglione
Fashion as a Business: Intellectual Property in the Fashion Industry

Spotlight on Europe; International Trade/Regulatory

Paris is one of the centers of the fashion industry. Young designers have flocked to the city to obtain inspiration and to showcase their talents. Fashions are, however, notoriously easy to copy and protection may be difficult to enforce. This program will look at the full design process from the creation of the design, to showcasing the design, limited production and then mass marketing. In a mock client meeting, we shall review how intellectual assets are created, how these are turned into registered and unregistered intellectual property rights and how these rights are enforced.

Sponsoring Committees:
International Intellectual Property Rights Committee, International Commercial Transactions Committee, Customs Law Committee

Program Chair & Moderator:
Dr. Robert Harrison, 24IP Law Group, Paris, France

Speakers:
Sarah Bailey, Simmons & Simmons, Paris, France
Christian Fortmann, Licensing Industry Merchandising Association, Munich, Germany
Harald Hofmann, 24IP Law Group, Munich, Germany
Cheryl Solomon, Gucci Group, London, United Kingdom (Invited)

4:30 pm – 6:00 pm
Salon Napoléon
National Security, Immigration and the Rule of Law

Public International Law/Rule of Law

Human migration into the United States and Europe has long been the subject of legislation and regulation. In addition to the long standing challenge of balancing the interests of immigrants and the native populace, the recent surge in “home grown” terrorism has led governments on both sides of the Atlantic to use immigration laws to promote their national security policies. As a consequence, the very different immigration debates ongoing in each continent are starting to confront similar issues. This program will look at how the rule of law may accommodate the interests of national identity and security, and will examine enforcement of U.S. and EU policy, the exercise of a state’s police powers to enforce these policies and the mechanisms available to do so.

Program Chair:
Faiza Patel King, Brennan Center for Justice, New York, New York

Program Chair & Moderator:
John H. Harrington, Law Office of John H. Harrington, Stratford, Connecticut

Speakers:
Jean-Louis Bruguiere, Court of First Instance, Paris, France
David D. Cole, Georgetown University Law Center, Washington, DC
Timothy Otty, QC, Blackstone Chambers, London, United Kingdom
Margaret Stock, United States Military Academy, Washington, DC

4:30 pm – 6:00 pm
Salon Vendôme
Proactively Avoiding Pitfalls that Kill Joint Ventures

Corporate Counsel/Law Practice; International Finance

A True Panel and interactive audience discussion on Best Practices in Structuring Joint Ventures to avoid issues that destroy JVs.

Senior Corporate Counsel from Formica and Corn Products International join experienced, outside JV counsel from the U.S., France and India to discuss best practices as to, among other things:

  • License and JV creation of Name, Trademarks (Brand) and Know How-terms and termination;
  • Reliance on one party for sales-minimum performance standards, terms and termination;
  • Non-Competition issues for joint venturers and officers and/or seconded personnel; Personnel Salaries;
  • Control, Key Governance, Supermajority, Officer issues;
  • Impasses/Conflict Resolution/Buy Out Terms - Valuation Methodologies;
  • Termination Events - Cross Default/Change in Control/Etc.;
  • Including the JV Business Plan in governance;
  • Structuring tax efficient and fair returns for both parties.

Session materials will include, among other things, two useful JV checklists and a sample Letter of Intent with a Financial/Structural Diagram.

Sponsoring Committees:
International Corporate Counsel Forum, International M&A and Joint Venture Committee

Program Chair & Moderator:
Harvey Jay Cohen, Dinsmore & Shohl LLP, Cincinnati, Ohio

Speakers:
Christine M. Castellano, Corn Products International Inc., Westchester, Illinois
Ajit Anekar, Kochhar & Co. Advocates & Legal Consultants, Mumbai, India
Frederic Cohen, Courtois Lebel, Paris, France
Catherine Vernon, Formica Corporation, Cincinnati, Ohio

4:30 pm – 6:00 pm
Salon Tuileries I & II
Who Pays for Litigation? – Cross-Border Differences in Funding
(This program to qualify for ethics CLE)

Dispute Resolution/Litigation; Young Lawyers

This program will examine the impact of funding of legal costs across a number of jurisdictions. This will be a comprehensive review comparing the rules and ethics relating to funding in different civil law and common law jurisdictions. It will offer practical guidance in relation to funding issues and respective costs recoveries.

With litigation costs at the forefront of clients’ minds, key aspects will be discussed regarding funding of legal costs to maximize profit whilst seeking to ensure justice and to comply with lawyers’ ethical duties.

Topics covered will include fixed costs, costs capping, funding through Conditional Fee Agreement and Contingency Fee Agreements. It will also discuss the impact in certain jurisdictions of Pre Event and After the Event insurance together with third party funding of litigation and the respective risks for all parties.
A must for all dispute practitioners with useful tips to be used in dispute resolution procedures around the globe.

Sponsoring Committees:
International Litigation Committee, International Arbitration Committee

Program Chair & Moderator:
Kate Matthews, Stevens & Bolton LLP, London, United Kingdom

Speakers:
Kirstin Dodge, Homburger, Zurich, Switzerland
Michael Martinez, Crowell & Moring LLP, Washington, DC
Marco Provvidera, Avvocato del Foro di Roma, Rome, Italy

7:00 pm – 9:00 pm
Reception at the Tribunal de Commerce de Paris
1 Quai de la Corse, Paris
With thanks to our sponsor

Paris Bar

Join the Section and the Paris Bar as they host you in this very special venue. The Palais de Justice originally was an ancient Royal Palace which housed the “Parlement de Paris”, a court that registered royal edicts, as well as the first Law Courts of France. In 1298, King Philip IV (“Le Bel” or “the Fair”) decided that the Palais de Justice was too small and ordered its enlargement. Archille de Harlay was the first Chief Justice of the Parlement, from 1562 to 1611.

The Palais de Justice has always been the seat of the French courts. Since the 14th century, the elected representative of the Bar, carries a staff (“bâton”) from the Confrérerie of Saint Nicolas, thus being called the “Bâtonnier”. Until the Revolution, large receptions, official diplomatic conferences, fairs and carnivals were often held in the Palais de Justice. During the revolution, Marie Antoinette as well as Robespierre and Danton were condemned to death by the courts sitting in the Palais de Justice. Marie Antoinette was held prisoner until her execution in a building adjoining the Palais and called the “Conciergerie”. After the revolution, the Palais de Justice reverted to its original role as the seat of justice although book sellers often set up their stands in and around the columns of the Palais.

Today, as its buildings occupy more almost 10 acres of land containing 24 kilometers of corridors, 7,000 doors and more than 3,150 windows with more than 15,000 people working there every day, it houses the French Civil and Criminal courts, the Appellate Courts and the Cour de Cassation, the highest civil and criminal court of France.  Round-trip transportation from The Westin Paris to the Tribunal de Commerce de Paris will be provided.

9:00 pm – 11:00 pm
Committee Dinners

Take advantage of the free time this evening to enjoy one of the many fine restaurants and quaint cafes that the city of Paris has to offer by organizing your committee members to assemble for dinner. This is a great opportunity to continue to network within your practice area with others at the meeting who share your same interests and have casual discussions over the dinner table; many of which will lead to new initiatives and committee programs developing for months to come after you return home.  This time is also available on both Tuesday and Wednesday evenings from 9:00 PM – 11:00 PM.  For on-site assistance with selecting restaurants and making reservations, please consult the Meeting Concierge located in the registration area in Jardin d’hiver and for a complete listing of the Committees who have registered their dinner plans with the Section, please contact Abhi Shah, Committee Program Associate, at the CLE Information Booth in Jardin d’hiver.


Friday, November 5

7:45 am – 8:45 am
Jardin d’hiver and Salon Impérial
Committee Breakfasts

Not sure whether to attend the committee business breakfasts? If you don’t attend, you may be missing the greatest benefit of Section membership. Our more than sixty committees cover every possible aspect of public and private international law. Most of the Section’s substantive work is conducted at the committee level. Committee business meetings provide a great opportunity to meet your Section colleagues, learn about and shape committee plans, and become more active in the Section. Section members can join as many committees as they wish—at no charge! Further details concerning the schedule of which particular committees will be meeting will be listed on the Fall Meeting website as well as in the On-Site Meeting Information Guide.

7:45 am – 8:45 am
Salon Impérial
Committee Breakfasts

Not sure whether to attend the committee business breakfasts? If you don’t attend, you may be missing the greatest benefit of Section membership. Our more than sixty committees cover every possible aspect of public and private international law. Most of the Section’s substantive work is conducted at the committee level. Committee business meetings provide a great opportunity to meet your Section colleagues, learn about and shape committee plans, and become more active in the Section. Section members can join as many committees as they wish—at no charge!  See page ___ for a full listing in order to determine the day a committee you are a member of or interested in is scheduled to meet.

7:45 am – 9:00 am
Salon Impérial
Continental Breakfast

9:00 am – 10:30 am
Salon Napoléon
EU Privacy Regulations: Conducting Due Diligence, Internal Inquiries and Discovery from the U.S.

Dispute Resolution/Litigation; Young Lawyers

The EU privacy regulations present an array of thorny issues for U.S. practitioners. How does a company comply with discovery orders from U.S. courts and yet comply with the EU privacy regulations? How can due diligence or an internal investigation be conducted without an ability to convey or analyze data outside of the EU? How do smaller companies comply without ready access to safe harbors? What about whistleblowers and Sarbanes-Oxley obligations? What sort of resolution can be expected in the political and policy tug of war between the conflicting legal regimes? Working through a very realistic hypothetical associated with the host of issues bearing upon complying with the U. S. Foreign Corrupt Practices Act, leading experts will address these and related issues such as the application of the Hague Evidence Convention, the treatment of these regulations by U.S. courts, and the most recent developments with the French privacy regulations.

Sponsoring Committees:
Private International Coordinating Committee, International Litigation Committee, International Securities and Capital Markets Committee, Europe Committee

Program Chair & Speaker:
Stuart H. Deming, Deming PLLC, Washington, DC

Program Chair & Moderator:
David P. Stewart, Georgetown University Law Center, Washington, DC

Speakers:
Alex B. Blumrosen, Bernard-Hertz-Béjot, Paris, France
Elaine Metlin, Dickstein Shapiro LLP, Washington, DC
Lokke Moerrel, De Brauw Blackstone Westbroek, Amsterdam, The Netherlands

9:00 am – 10:30 am
Salon Aiglon
ICANN and its Planned Expansion of the Internet Domain Name System: A Return to the Wild West?

Corporate/Transactional; Corporate Counsel/Law Practice; Young Lawyers

ICANN (the Internet Corporation for Assigned Names and Numbers) has evolved – or evolved itself – from an arcane, technical standards body to arguably one of the most important Internet policy making organizations in the world. ICANN is charged with administering the Internet domain name system, effectively Internet navigation. It has commenced a controversial process to dramatically expand the number and kinds of domain names that can be registered and used. In the near future, words and phrases such as .software, .music, .books, etc. may be registered as “top level domains,” as could brand names and trademarks themselves. This expansion is vigorously opposed by many commercial groups and companies, as both unnecessary and expanding the possibilities for illegal activity online. This program will address the issues being considered by ICANN, and how domain name changes would impact intellectual property and commerce online.

Sponsoring Committees:
International Intellectual Property Rights Committee, Task Force on Piracy

Program Chair & Moderator:
Scott Bain, Software & Information Industry Association, Washington, DC

Speakers:
Janis Karklins, Internet Corporation for Assigned Names and Numbers (ICANN), Paris, France (Invited)
David Maher, Public Interest Registry, Chicago, Illinois
Margie Milam, Internet Corporation for Assigned Names and Numbers (ICANN), Paris, France (Invited)

9:00 am – 10:30 am
Salon Tuileries I & II
Local Economics Meets Global Migration: A Global Review of Recent Restrictive Immigration Measures and Their Impact on Global Mobility

International Trade/Regulatory; Corporate/Transactional

In the wake of the largest global downturn since the Great Depression, many countries have implemented extremely restrictive immigration measures ostensibly to protect their local economies and their local workforce. This program explores new immigration restrictions being imposed by countries, including the United Kingdom, India, Australia and the United States, and explores and analyzes both the local and the global impact of these restrictions. Does the economic analysis justify these measures? Who wins and who loses when migration of workers is restricted?

This program will provide you with a practical update on specific immigration restrictions and how they may impact your clients, and will also arm you with an understanding of the economic arguments that underpin many countries’ immigration decisions, and the tools to evaluate whether the economic arguments support the legislative or regulatory changes. Finally, you will leave this program with an understanding of the wider impact on global mobility.

Sponsoring Committees:
Immigration and Naturalization Committee, Europe Committee, Asia Pacific Committee, Mexico Committee, International Employment Law Committee

Program Chair & Moderator:
Susan J. Cohen, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA

Speakers:
Shalini Agarwal, ALMT Legal: Indian Advocates, London, United Kingdom
Gabrielle M. Buckley, Vedder Price P.C., Chicago, Illinois
David Metcalf, London School of Economics, London, United Kingdom (Invited)
James Perrot, PricewaterhouseCoopers, London, United Kingdom
Michelle Wucker, World Policy Institute, New York, New York

9:00 am – 10:30 am
Salon Vendôme
Models for Implementation of the 1970 UNESCO Convention on Cultural Property: A Look Back and Prognosis for the Future

Public International Law/Rule of Law

November 2010 is the 40th Anniversary of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The United States took the lead in negotiating the Convention in 1970 to help combat looting of archaeological sites and largely defined its terms. While domestic opposition delayed U.S. ratification and implementation until 1983, when Congress authorized application of import controls in certain situations, the U.S. was the first significant art market nation to restrict trade in archaeological and ethnological objects as a means of protecting the cultural heritage. In the past decade, several European market nations have joined the treaty regime but have chosen different means of implementation. This program offers the opportunity to review the Convention regime, to examine the different methods of implementation adopted by the U.S. and other market nations and to consider what has worked and what could be done better in the future to assure preservation of the world’s cultural heritage.

Sponsoring Committee:
Art and Cultural Heritage Law Committee

Program Chair:
Mark Feldman, Garvey Schubert Barer, Washington, DC

Program Chair & Moderator:
Patty Gerstenblith, DePaul University College of Law, Chicago, Illinois

Speakers:
Sabine Gimbrère, City of Amsterdam Department for Social Development, Amsterdam, The Netherlands
Maria P. Kouroupas, Cultural Heritage Center, U.S. Department of State, Washington, DC
Edouard Planche, UNESCO, Paris, France
Sophie Vigneron, University of Kent Law School, Canterbury, United Kingdom
Benno Widmer, Bundesamt für Kultur, Bern, Switzerland

9:00 am – 10:30 am
Salon Castiglione
The Role Of International Criminal Courts and Tribunals: How Do We Measure Success?

Public International Law/Rule of Law; Spotlight on Europe

The most egregious crimes against humanity are being prosecuted in the International Criminal Court and International Criminal Tribunals. As these courts make great efforts to prosecute and hold violators accountable, it is important to consider how “success” is defined and measured by these courts. Are the courts exercising “victor’s justice”, or are all countries held equally accountable for human rights violations, including the United States? A roundtable of panelists will consider and debate these important questions and provide insight based on front-line experience. As leading advocates for these courts and tribunals, the panel will provide a broad variety of perspectives, coupled with extensive experience, in leading a formidable discussion on this topic.

Sponsoring Committees:
International Human Rights Committee, International Criminal Law Committee, International Courts Committee

Program Chair:
Daryl A. Mundis, International Criminal Tribunal for the former Yugoslavia, The Hague, The Netherlands
Robert Gaudet, Jr., RJ Gaudet & Associates LLC, The Hague, The Netherlands

Moderator:
Ingrid Detter Frankopan, Gray’s Inn Square, London, United Kingdom and St. Antony’s College, Oxford, United Kingdom

Speakers:
Fatou Bensouda, International Criminal Court, The Hague, The Netherlands
Matthew S. Carlson, International Criminal Tribunal for Rwanda, Arusha, Tanzania
Andrew Cayley, Extraordinary Chambers in the Courts of Cambodia, Phnom Penh, Cambodia
Tomislav Z. Kuzmanovic, Hinshaw & Culbertson LLP, Milwaukee, Wisconsin
Peter McCloskey, International Criminal Tribunal for the former Yugoslavia, The Hague, The Netherlands

9:00 am – 6:00 pm
Salon Rivoli
Committee Business Meetings

Committee Business Meetings allow Committee leaders and members the opportunity to have 50 minutes of uninterrupted time to conduct official committee business and strategic planning. Times are be assigned based upon room availability. These meetings can be in addition to or in lieu of the Committee Breakfast Meetings scheduled for Thursday and Friday.  Please see page ____ for a listing of the Committees who have scheduled Business Meetings to date.  If you would like schedule a meeting for your Committee, please contact Abhi Shah, Committee Program Associate, at the CLE Information Booth in Jardin d’hiver.

10:30 am – 11:00 am
Salon Rivoli
“How To” Series: Section Publishing – How to Get Your Name in Print

Do you consider yourself an expert within your practice area of international law?  If so, world-wide recognition is at your doorstep, by becoming a published author in one of the ABA Section of International Law’s several publications.  Whether you aspire to write a book, a scholarly law review, a succinct news article or an informative committee newsletter, publishing with one of the Section’s publications is an effective way to demonstrate your expertise.  At this informational session, the Publications Officer and the editors of The International Lawyer and The International Law News will tell you how to get started on your way as a published author for the ABA Section of International Law.

Speakers and Program Chairs:
Marilyn J. Kaman, Section Publications Officer
Patricia Heard, Co-Executive Editor, The International Lawyer
Beverly Duréus, Co-Executive Editor, The International Lawyer
Russell Kerr, The International Law News
Richard Paszkiet, Deputy Director, ABA Book Publishing

10:30 am – 11:00 am
Salon Impérial
Networking Break

11:00 am – 12:00 pm
Salon Mont-Thabor
2011 Spring Meeting Co-Chairs Open Invitation Planning Meeting

The Co-Chairs and Steering Committee of the 2011 Spring Meeting extend an open invitation for you to attend this meeting if you are already a member or if you are interested in becoming a member of the overall Planning Committee to assist in the various planning components which are involved in preparing for next Spring’s meeting in Washington, DC.

11:00 am – 12:30 pm
Salon Aiglon
Control vs. Freedom? Negotiating International Franchise Agreements

Corporate/Transactional; Young Lawyers

What are the key elements for a franchisor in setting up a successful international franchise? How do you best represent a franchisee in obtaining the benefits of the franchise while still maintaining some element of freedom for the client in conducting his or her business? What are the typical deal breakers in negotiating the contract and how do you deal with them? Answers to these questions, along with a closer look at some regulatory aspects that might surprise you, including dress codes and other labor law aspects, will leave you with a balanced, practical and very useful insight into international franchise from both the franchisor’s and the franchisee’s perspective.

Sponsoring Committees:
Europe Committee, International Intellectual Property Rights Committee

Program Chair:
Florian S. Jörg, Bratschi Wiederkehr & Buob, Zurich, Switzerland

Program Chair & Moderator:
Anders Forkman, Advokatfirman Vinge, Malmoe, Sweden

Speakers:
Michael R. Daigle, Cheng Cohen LLC, Chicago, Illinois
Stéphanie Godof, JeantetAssociés, Paris, France
Erik Wulff, DLA Piper LLP, Washington, DC

11:00 am – 12:30 pm
Salon Tuileries I & II
Ephemeral Boundaries: Cross-Border Implications of Cloud Computing

Dispute Resolution/Litigation; International Trade/Regulatory; Young Lawyers

Cloud computing, in which electronic information is processed and stored over the Internet, poses fundamental challenges to the most revered concepts of the rule of law: geographic basis for statutes and regulations; jurisdiction based upon physical presence; and data protection and privacy laws based upon the location of tangible assets such as hardware and people. Privacy and data protection laws requiring standards of protection for transfer to certain jurisdictions may pose challenges to cloud arrangements. Re-evaluation of traditional notions of disclosure and discovery of information in the cloud may also be in the offing as the Cloud alters these paradigms.

This interactive session will explore such areas as contractual protections; jurisdictional hurdles; privacy and data protection issues with regard to personal, sensitive or otherwise protected data in the Cloud; ownership user rights in intellectual property; and means to assure access to the data.

Sponsoring Committee:
International Litigation Committee

Program Chair & Moderator:
Kenneth N. Rashbaum, Rashbaum Associates, LLC, New York, New York

Speakers:
Juliana Abrusio, Opice Blum Advogados Associados, São Paulo, Brazil (Invited)
Theresa Beaufort, Google, Mountan View, California
Alex Blumrosen, Bernard-Hertz-Béjot, Paris, France
Fernando M. Pinguelo, Norris, McLaughlin & Marcus, P.C., Bridgewater, New Jersey

11:00 am – 12:30 pm
Salon Napoléon
How to Protect the Deal – What Corporate Lawyers Need to Know About Arbitration and How They Can Avoid Pitfalls When Preparing Arbitration Clauses

Corporate Counsel/Law Practice; Young Lawyers

Our panel of leading international arbitration lawyers will provide an interactive overview for corporate attorneys regarding the crafting of enforceable international arbitration clauses. The panellists will present and discuss arbitration clauses in commercial/M&A agreements as well as agreements with state companies. The panel will discuss hidden pitfalls and implications of such clauses including: tiered clauses, consolidation, place of arbitration, number of arbitrators, allocation of costs, choice of law and the selection of the appropriate arbitral institution. The panel will also touch on the structuring of agreements to secure maximum protection under relevant bilateral and multilateral treaties for the protection of foreign investors.  This panel is a must for all transactional lawyers.

Sponsoring Committees:
International Arbitration Committee, International M&A and Joint Venture Committee

Program Chair & Speaker:
Kevin O’Gorman, Fulbright & Jaworski L.L.P., Houston, Texas

Program Chair & Moderator:
Justin D. Vineberg, Davies Ward Phillips & Vineberg LLP, Montréal, Québec, Canada

Speakers:
Isabel Fernandez de la Cuesta, King & Spalding LLP, Houston, Texas
Jean-Christophe Honlet, Salans LLP, Paris, France
Manuel Liatowitsch, Schellenberg Wittmer, Zurich, Switzerland

11:00 am – 12:30 pm
Salon Vendôme
Liberalizing the Gambling Sector in Europe and in the United States

Spotlight on Europe

The gaming and gambling industry represents today a major source of revenue for governments, operators and for some few lucky gamblers. Operators and end-users in this sector are differently treated depending of their “national” identity / “geographic” placement. This is because the current regulatory models vary from full prohibition of gambling activities, monopoly, licensing system and full liberalization. The U.S. law prohibitions for example where challenged at the WTO level by Antigua who claimed that they resulted in a total ban of the supply of gambling services from outside the U.S. to U.S. consumers.

In Europe, a number of landmark cases have reversed the legitimacy of certain national gambling policies. In this changing environment, few governments such as France and Italy, are in the process of liberalizing this market. The shaping of these new regulatory models is questioned and represents a highly topical issue for the economic and legal world.

Sponsoring Committees:
Europe Committee, International Commercial Transactions, Franchising and Distribution Committee

Program Chair:
Aaron Schildhaus, Law Offices of Aaron Schildhaus, Washington, DC

Program Chair & Moderator:
Martina Barcaroli, Vovan & Associés, Paris, France

Speakers:
Rhadamès Killy, ARJEL, Paris, France
Claudia Ricchetti, Lottomatica, Rome, Italy
Stefano Sbordoni, Sbordoni Studio Legale, Rome, Italy
Patrick Spilliaert, French Antitrust Authority, Paris, France
Robert W. Stocker II, Dickinson Wright PLLC, Lansing, Michigan

11:00 am – 12:30 pm
Salon Castiglione
The American Assault on Tax Havens – Status Report

International Finance; Public International Law/Rule of Law

The White House, IRS, Treasury and Justice Department enforcement initiative aimed against individuals and companies who improperly utilize tax havens has significant implications for investors and businesses worldwide. The panel will review 2010 IRS initiatives, such as 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 2010 Foreign Account Tax Compliance Act, aimed against under-reporting of income through the use of accounts and entities in offshore jurisdictions, and 2011 budget proposals to reform the U.S. international tax system. In addition, recent developments in IRS summons litigation, international information exchange agreements and treaties and the OECD initiative will be presented.

Sponsoring Committees:
International Tax Committee, International Corporate Counsel Forum, International Private Client Committee

Program Chair & Speaker:
Alan S. Lederman, Gunster Yoakley & Stewart P.A., Fort Lauderdale, Florida

Moderator:
Jose (Tony) A. Santos, Jr., Miami, Florida

Speakers:
Wilhelm Haarmann, Haarmann Partnerschaftsgesellschaft, Frankfurt, Germany
Bobbe Hirsh, Lipscomb, Brady & Eisenberg, PL, Chicago, Illinois
Jeffrey Owens, Organisation for Economic Co-Operation and Development (OECD) Centre for Tax Policy and Administration, Paris, France

12:45 pm – 2:15 pm
Salon Impérial
Luncheon with former Boursorama Chief Executive Officer and former Société Générale Director of Communications, Hugues Le Bret

With thanks to our sponsor

Cravath, Swaine & Moore LLP

Hugues Le BretAfter working as an analyst at the trading house Courcoux Bouvet, Mr. Le Bret became journalist at the Journal des Finances  from 1987 to 1990 and spent 16 months in Lima (Peru) as attaché in the French Embassy in charge of cultural affairs. In charge of the development of communication agency Média Finances (Publicis Group) between 1991 and 1994, he created his own communication agency, ABW, at the beginning of 1994. During that period, he was one of the founders of the association Croissance Plus. After his agency was sold to Euro RSCG, he was appointed managing director of the agency EuroRSCG Omnium (1996-1999). As such, he participates closely to the steering committee set up by Daniel Bouton to defend the bank during the hostile takeover attempts by BNPP on Paribas and Société Générale in 1999.

Hired as Director of Communication of Société Générale in November of 1999, he is also appointed to the Executive Committee where collectively he played an instrumental role in managing the communications of the bank during the Kerviel crisis in 2008.

Appointed Chief Executive Officer (CEO) of Boursorama (a listed company owned by Société Générale at 55% and Caixa at 21%) in January 2010, he retired in October 2010 in order to recover his "freedom of speech" and announced on Twitter that night that he would publish a book about his experiences at the bank during the Kerviel case.

During the luncheon, Mr. Le Bret is expected to share some of the insights from his direct involvement as one of the closest advisors of the bank's CEO at the time Daniel Bouton.  Through these experiences, he has decided to tell his story in a book published at the beginning of October, The Week When Jerome Kerviel Failed to Bring Down the Global Financial System.

2:30 pm – 4:00 pm
Salon Napoléon
A Mock Arbitration Involving International Investment Claims Arising from the U.S. Financial Crisis: Will the U.S. be Liable for the Financial Crisis?

Dispute Resolution/Litigation; International Finance

The U.S. finds itself in the midst of the most severe financial crisis since the Great Depression of the 1930s. The U.S. Government has enacted measures in order to confront the financial crisis.  Foreign investors who invested heavily in the U.S. have watched their investment severely affected by these government measures. A very real possibility exists that foreign investors will seek redress pursuant to international investment agreements. As the U.S. is signatory to forty-seven bilateral investment treaties, NAFTA and multiple free trade agreements, the potential for investment claims arising from government measures could prove to be significant. This program will feature a mock arbitration involving foreign investors seeking investment protection for claims arising out of the U.S. financial crisis. Mr. Roberto J. Aguirre Luzi will represent foreign investors. Mr. Aguirre Luzi’s practice focuses on international arbitration with an emphasis on international public law. Mr. Bart Legum will represent the Government. Mr. Legum has acted as lead counsel defending the U.S. Government in NAFTA investment arbitrations. The U.S. won every case decided under his tenure. The distinguished three-member Tribunal will include Ms. Yas Banifatemi, Ms. Carolyn B. Lamm and Mr. Peter Turner as President and Moderator. The Tribunal will examine jurisdictional issues, expropriation, violation of the fair and equitable treatment standard, discriminatory treatment, state of necessity and preclusion before handing down an award.

Sponsoring Committees:
International Arbitration Committee, International Financial Products and Services Committee, International Securities and Capital Markets Committee

Program Chair:
Carol Mawn, Paris, France

Mock Tribunal Members:
Yas Banifatemi, Shearman & Sterling LLP, Paris, France
Carolyn B. Lamm, White & Case LLP, Washington, DC
Peter Turner, Freshfields Bruckhaus Deringer LLP, Paris, France

Representing Foreign Investors in the mock arbitration:
Roberto J. Aguirre Luzi, King & Spalding LLP, Houston, Texas

Representing the Government in the mock arbitration:
Bart Legum, Salans LLP, Paris, France

2:30 pm – 4:00 pm
Salon Aiglon
Cross-Border Real Estate Transactions in a Slow Market, Part III – The Situation in Europe

International Finance; Corporate/Transactional

In past meetings, Part I of this interactive program focused on investments in the U.S. while Part II focused on investments in developing countries. Now, Part III will focus on the investment situation in Europe since the start of the financial crisis in the fall of 2008. This crisis brought cross-border real estate transactions in Europe to a near halt. Have funds started investing again in Europe? Has there been a change in the type of investments, vulture v. long-term? Are banks starting to lend again for real estate transactions? What are the pitfalls and ethical considerations attorneys and investors should be aware of in conducting cross-border transactions in Europe. How will the EU proposed Directive on Alternative Investment Fund Managers affect investments in Europe. A panel of attorneys and other real estate professionals will answer questions from a moderator and the audience about the situation in Europe in fall 2010. For anyone interested in what is happening in the European real estate and investment markets this is a must-attend program.

Sponsoring Committees:
Cross-Border Real Estate Practice Committee, International Investment
and Development Committee, International Tax Committee, International Private Clients Committee

Program Chair & Moderator:
Terry A. Selzer, Stampe, Haume & Hasselriis, Copenhagen, Denmark

Speakers:
Alessandro Barzaghi, Cocuzza & Associati, Milan, Italy
Gerard Hernandez Colet, Cuatrecasas, Gonçalves Pereira, Barcelona, Spain
Dietmar Klos, Ernst & Young, Luxembourg, Luxembourg
Evan Lazar, Salans LLP, Prague, Czech Republic
Laine Skopina, Liepa, Skopina, Borenius, Riga, Latvia

2:30 pm – 4:00 pm
Salon Castiglione
Economic Development and the Rule of Law in Post-Conflict Africa

Public International Law/Rule of Law

Numerous African countries are involved in or have recently emerged from horrific civil wars. As countries struggle to transition themselves post conflict, can rule of law initiatives such as institutional reform and democratic governance succeed when the root causes of conflict are not addressed? How can we break the cycle of impunity which exists in weakened economic states devoid of the benefits of the rule of law?
This innovative program has been designed to provide a critical analysis of the connections between conflict and economic development. It will also focus on developing rule of law initiatives and practical peace-building strategies that encompass an economic development component. Participants will be engaged in a dynamic interaction with expert speakers who have intimate knowledge of the economic factors influencing the advancement of the rule of law in post-conflict Africa.

Sponsoring Committee:
International Human Rights Commitee

Program Chairs:
Adejoke Babington-Ashaye, International Criminal Court, The Hague, The Netherlands
Piper Hendricks, International Rights Advocate, Washington, DC

Moderator:
Victor Mroczka, Hughes Hubbard & Reed LLP, Washington, DC

Speakers:
Adeyemi Babington-Ashaye, World Economic Forum, Geneva, Switzerland
Deborah Enix Ross, Debevoise & Plimpton LLP, New York, New York
Nick Grono, International Crisis Group, Brussels, Belgium
Nicolas Vercken, Oxfam France, Paris, France

2:30 pm – 4:00 pm
Salon Tuileries I & II
Social Media in the Workplace

Corporate Counsel/Law Practice; Young Lawyers

Social media such as Twitter and Facebook, has invaded the workplace, including company computers and company phones, even if not planned by corporates. Employees share their daily experiences, network with others professionally and personally, catch up with old friends and even make new ones. The flip side to all of this online activity is that the flow of information is fast and difficult to control. For businesses, that’s exciting but also dangerous, particularly since that information could be a valuable trade secret of a fellow employee.

This seminar discusses the most critical danger spots for most businesses and provides the “best practices” needed to take advantage of the possibilities of social networking without falling victim to its traps. Thereby, all employment aspects including potential liabilities of employers and employees will be highlighted.

Sponsoring Committee:
International Employment Law Committee

Program Chairs:
Philip Berkowitz, Littler Mendelson P.C., New York, New York
Ueli Sommer, Walder Wyss & Partners, Zurich, Switzerland

Moderator:
J. Christopher Erb, The Erb Law Firm, PC, Philadelphia, Pennsylvania

Speakers:
Laurent Badoux, Littler Mendelson P.C., Phoenix, Arizona
Doug Mandell, Mandell Law Group, PC, San Francisco, California
Gwen Senlanne, Freshfields Bruckhaus Deringer LLP, Paris, France
Tahl Tyson, Expedia, Inc., Paris, France
Dennis Veldhuizen, Greenberg Traurig, LLP, Amsterdam, The Netherlands

2:30 pm – 4:00 pm
Salon Vendôme
The Transatlantic Defense Trade: A New Divide Between Europe and the U.S.?

Spotlight on Europe; International Trade/Regulatory

European authorities recently issued a new procurement directive governing defense procurement among the European member states. The purpose behind the directive seems benign: to foster the growth of an integrated European defense market. In practice, however, the directive may raise new barriers to those outside the EU, including U.S. exporters, and it points up growing stresses in European-U.S. relations in export controls and the defense trade.

Sponsoring Committees:
International Procurement Committee, Aerospace and Defense Industries Committee

Other Sponsors:
ABA Section of Public Contract Law, International Procurement Committee

Program Chair:
John Lowe, Qioptiq, Paris, France
Christopher Yukins, The George Washington University School of Law, Washington, DC

Moderator:
Michael Bowsher, Monckton Chambers, London, United Kingdom

Speakers:
Jeffrey Bialos, Sutherland Asbill & Brennan, Washington, DC
Berthold Mitrenga, Beiten Burkhardt, Nuremberg, Germany
Lorrine Romero, Thales-Raytheon Systems, LLC, Fullerton, California
Klaus Wiedner, European Commission, Brussels, Belgium (Invited)

4:00 pm – 4:30 pm
Salon Rivoli
“How To” Series: Developing Programs with the Section

Do you have an idea for a program that is timely and topical? If so, then attending this nuts and bolts of how to develop programs for the Section will be instrumental in helping you to develop your proposal. Member and committee involvement through the development of programming continues to be the lifeline of the Section; whether it be for a seasonal meeting, a brown-bag, podcast, webcast, teleconference or stand-alone, or a combination, for CLE or not, there are ample opportunities for your program idea to take flight. Join us to learn more about how to chart the course of your proposal.

Speakers and Program Chairs:
Adam B. Farlow, Section Programs Officer
O. Kip Dillihay II, Deputy Officer, Programs Committee
Marcos Rios, Deputy Officer, Programs Committee
Mohammad A. Syed, Deputy Officer, Programs Committee

4:00 pm – 4:30 pm
Salon Impérial
Networking Break

4:30 pm – 6:00 pm
Salon Napoléon
Briber Beware: International Enforcement of the Foreign Corrupt Practices Act and Related Anti-Corruption Efforts
(This program to qualify for ethics CLE)

International Trade/Regulatory; Corporate Counsel/Law Practice; Young Lawyers

A key enforcement priority for international agencies continues to be the Foreign Corrupt Practices Act (FCPA) along with preventative measures being taken by organizations such as the Organisation for Economic Co-operation and Development (OECD) and the United Nations (UN). Understanding the enforcement trends in these areas are essential for those engaged in international business transactions. Equally critical is an understanding of compliance steps which can be taken to avoid liability or which may be used to mitigate liability and to comply with ethical obligations. This program will provide a practitioner’s approach to mitigating FCPA risk in diverse global organizations and provide a practical approach to managing a multi-disciplinary investigation for FCPA and commercial bribery violations. The program will also discuss recent developments in the field of commercial bribery and anti-money laundering with a focus on the European region. Panel members will discuss ethical and policy implications and suggest ways to more effectively prosecute and prevent anticorruption on a general level.

Sponsoring Committees:
Young Lawyer’s Interest Network (YIN), Asia/Pacific Committee, International Arbitration Committee, International Anti-Money Laundering Committee, International Anti-Corruption Committee, U.S. Lawyers Practicing Abroad, Law Student, LL.M., and New Lawyer Outreach Committee

Program Chairs:
Dan Pickard, Wiley Rein LLP, Washington, DC
Yevgenya Muchnik, Squire, Sanders & Dempsey L.L.P., Moscow, Russia

Moderator:
Joshua Fellenbaum, Mannheimer Swartling, Stockholm, Sweden

Speakers:
Karl Hennessee, Airbus SAS, Blagnac Cedex, France
The Honorable Barry O’Keefe, QC, Clayton Utz, Sydney, Australia
John Roth, U.S. Department of Justice, Paris, France

4:30 pm – 6:00 pm
Salon Tuileries I & II
Enforcement of Foreign Judgments in the United States and in Europe

Dispute Resolution/Litigation; Spotlight on Europe; Young Lawyers

European systems are reputed to be reluctant to enforce U.S. judgments. The concern regards mainly U.S. principles of personal jurisdiction and the U.S. approach to damages awards. Recent developments in the law of several European countries may however indicate a shift in the European perception to favor recognition of U.S. judgments. In the U.S., the enforcement of foreign judgments is a state matter. Most states have adopted a uniform law that requires enforcement, subject to limited exceptions. The new Hague Convention on Choice of Court Agreements has raised new issues in this area of the law. This program will explore the current state of U.S. and European laws relating to the enforcement of foreign judgments, including the impact of the new Convention, through arguments on the same facts before a mock U.S. and French court.

Sponsoring Committee:
International Litigation Committee

Program Chairs & Speakers:
Guy S. Lipe, Vinson & Elkins LLP, Houston, Texas
Nathalie Meyer Fabre, Meyer Fabre Avocats, Paris, France

Moderator:
David P. Stewart, Georgetown University Law Center, Washington, DC

Speakers:
Robert F. Brodegaard, Brodegaard & Simone LLC, New York, New York (Invited)
Tim Portwood, Bredin Prat, Paris, France

4:30 pm – 6:00 pm
Salon Vendôme
Internet Piracy Folie a Deux: Society’s Stake in Initiatives for IP, Commerce, Arts and Pop Culture

Spotlight on Europe; Young Lawyers

Piracy on the internet is the platform for the mad dance [folie a deux] of competing interests among ISPs, IP owners of film, tv, games, sports, art, music, e-commerce entities and telecommunications. Billions of dollars and euros disappear in the “ether” each year, as commerce, copyright and pop cultural icons are distributed in a vast and virtual world of tweets, and web sites like Facebook, myspace and others. Learn about John Doe litigation, safe harbors and Three Strikes solutions and other initiatives at this program which will also focus on the side effects of such initiatives. Attend this roundtable of global experts from diverse industries to learn how the U.S. and Europe have responded to this ever growing challenge. This program covers the most basic issue that confronts every person in today’s world of the web: How shall society mediate respect for privacy and access to culture, commerce, social networking and free expression?

Sponsoring Committee:
International Intellectual Property Rights Committee

Program Chairs & Moderators:
J. Alexandra Darraby, The Art Law Firm, Los Angeles, California
Benoit Van Asbroeck, Bird & Bird, LLP, Brussels, Belgium

Speakers:
Jay Cooper, Greenberg Traurig, LLP, Santa Monica, California
Marianne Grant, Motion Picture Association of America, Los Angeles, California
Jim Halpert, DLA Piper LLP, Paris, France
Mita Mitra, British Telecommunications PLC, London, United Kingdom
Marco Provvidera, Masci, Sassi, Provvidera & Associates, Rome, Italy

4:30 pm – 6:00 pm
Salon Castiglione
Linking Corporate Practices to Human Rights Abuses: The New Approach to Accountability

Public International Law/Rule of Law; Corporate Counsel/Law Practice

Corporate participation in human rights abuses has long been a concern, but increasingly, national courts have authorized legal remedies when such abuses occur. This program will explore the existing global trends in litigating corporate human rights cases, as well as legislative developments in this area. The panelists are at the forefront of the corporate human rights litigation movements in their respective countries and industries and promise to deliver experienced, insightful accounts of the direction in which the law is heading. The United States is in a critical phase right now with regard to these legal remedies in the wake of recent court rulings and recent declarations of the Obama Administration and the European Union has removed obstacles to multi-jurisdictional human rights litigation in the United Kingdom. In addition, a number of European countries have passed reporting legislation. Both the U.S. and Australia have also been looking at CSR legislation.

Sponsoring Committees:
Africa Committee, International Human Rights Committee, International Litigation Committee, Europe Committee, Corporate Social Responsibility Committee

Program Chairs:
Gretchen C. Bellamy, Durham, North Carolina
Nancy Kaymar Stafford, King & Spalding LLP, Atlanta, Georgia

Moderator:
Michael Smyth, Clifford Chance LLP, London, United Kingdom

Speakers:
Erika George, Loyola University Chicago School of Law, Chicago, Illinois
Ingrid Gubbay, Hausfeld LLP, London, United Kingdom
Robert McCorquodale, British Institute of International and Comparative Law, London, United Kingdom
Shubhaa Srinivasan, Leigh Day & Co, London, United Kingdom

4:30 pm – 6:00 pm
Salon Aiglon
Public Private Partnerships, Europe. What do European Companies Know that the Rest of the World Can Learn?

International Finance; Corporate/Transactional

European companies and governments have been in the vanguard of establishing public private partnerships to solve their infrastructure needs. From motorways to rail transportation, partnering with government has helped European companies become some of the largest infrastructure investment and construction entities in the world. The Americas are learning from these examples. The expertise and experience began in Europe and as lawyers engage in cross border infrastructure and finance transactions, the European examples can teach all of us important lessons and what to expect for the foreseeable future. This program will bring together experts from Europe to compare and contrast what different governments have done and are currently doing, how projects are financed and what they see as the future for the improvement of our aging infrastructure.

Sponsoring Committees:
International Procurement, International Commercial Transactions, Franchising and Distribution Committee

Program Chairs & Moderators:
Andrew J. (Josh) Markus, Carlton Fields, Miami, Florida
Paul Lalonde, Heenan Blaikie LLP, Toronto, Ontario, Canada

Speakers:
Marc Fornacciari, Salans LLP, Paris, France
Valérie Robert, International Development Law Organization, Rome, Italy
Anne Waldock, Allen & Overy LLP, London, United Kingdom
Victoria Westcott, White & Case LLP, Paris, France
David Wright, PPP Solutions Limited, London, United Kingdom

8:00 pm – 11:00 pm
Chair’s Closing Reception at Musée d’Orsay
1 rue de la Légion d’Honneur, Paris
With thanks to our sponsor

Jeantet et Associés

On the eve of the 1900 World Fair, the French government ceded the land to the Orleans railroad company, who, disadvantaged by the remote location of the Gare d’Austerlitz, planned to build a more central terminus station on the site of the ruined Palais d’Orsay. The project was a challenging one due to the vicinity of the Louvre and the Palais de la Légion d’honneur: the new station needed to be perfectly integrated into its elegant surroundings.

The station and hotel, built within two years, were inaugurated for the World Fair on July 14, 1900. Laloux chose to mask the modern metallic structures with the façade of the hotel, which, built in the academic style using finely cut stone from the regions of Charente and Poitou, successfully blended in with its noble neighbors.

Inside, all the modern techniques were used: ramps and lifts for luggage, elevators for passengers, sixteen underground railtracks, reception services on the ground floor and electric traction. The open porch and lobby continued into the great hall which was 32 meters high, 40 meters wide and 138 meters long. The Gare d’Orsay then successively served different purposes: it was used as a mailing centre for sending packages to prisoners of war during the Second World War, then those same prisoners were welcomed there on their returning home after the Liberation. It was then used as a set for several films, such as Kafka’s The Trial adapted by Orson Welles, and as a haven for the Renaud-Barrault Theatre Company and for auctioneers, while the Hôtel Drouot was being rebuilt. The hotel closed its doors on January 1, 1973, not without having played a historic role: General de Gaulle held the press conference announcing his return to power in its ballroom (the Salle des Fêtes).

In 1975, the Direction des Musées de France already considered installing a new museum in the train station, in which all of the arts from the second half of the 19th century would be represented. The official decision to build the Musée d’Orsay was made by President Valéry Giscard d’Estaing’s initiative. The building was classified a Historical Monument in 1978 and a civil commission was created to oversee the construction and organization of the museum. The President of the Republic, François Mitterrand, inaugurated the new museum on December 1, 1986, and it opened to the public on December 9.

The Fall Meeting draws to a close in one of the most spectacular buildings of Paris, join the Section Chair and the Meeting Co-Chairs as you are surrounded by history to bid au revoir to another successful Fall Meeting.  Round-trip transportation from The Westin Paris to the Musée d’Orsay will be provided.

11:30 pm – 1:30 am
After-Hours Reception at Salans LLP
5 boulevard Malesherbes, Paris
With thanks to our sponsors

AIJA

Getting the Deal Through

Salans

Join colleagues from meetings past and new professional acquaintances you met throughout the week at this after-hours event immediately following the Chair’s Closing Reception. All Fall Meeting attendees are invited to stop by to unwind and raise a glass to celebrate another exciting Fall Meeting and to bid the City of Paris farewell.


Saturday, November 6

7:30 am – 9:30 am
Jardin d’hiver
Council Continental Breakfast

8:30 am – 10:00 am
Salon Napoléon
Outsourcing Roundtable

Join the ABA Ethics 20/20 Commission in this roundtable discussion on outsourcing.  The session is open to all Fall Meeting registrants; everyone is encouraged to attend.

10:15 am – 1:00 pm
Salon Napoléon
Council Meeting

ABA International’s Council, the Section’s policy-making body, will debate major policy initiatives and be addressed by many visiting dignitaries and bar leaders from outside the U.S. The Council Meeting is open to all Fall Meeting registrants; everyone is encouraged to attend.

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