Program Agenda

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

After 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

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

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.