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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

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


Wednesday, November 3

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

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

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

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

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


Thursday, November 4

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

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)

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

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


Friday, November 5

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)

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

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

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

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