Program Agenda

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

Members 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

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

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.