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Dear Colleagues and Friends, Those of you who live and practice outside the United States represent almost 20 percent of ABA International’s membership and span the globe - covering ninety countries. US lawyers living abroad and non-US lawyers, wherever they live, enhance the value of Section membership for all of our members. We are, after all, the International Section of the ABA, and as such, home to the largest and most diverse group of US and non-US lawyers. We are diverse in gender, race, nationality, culture, age, sexual orientation and type and size of law practice. International business is one of our core areas of specialization. Keep in mind that US and non-US businesspersons seeking counsel for inbound or outbound transactions or representation need to be represented by lawyers who understand not only how things work in the US, but who really understand the differences among various legal systems, languages, cultures and ways of operating around the world. They need well-rounded lawyers who have a global perspective. They need good international lawyers. There is no better place to develop and to maintain this multi-faceted expertise than as a member of ABA International. With three Business Law Divisions, two regional divisions, and seven other divisions, comprising in all more than sixty committees covering every legal subject (if you have a moment, please click on the welcome video from me on our home page), membership in the Section is a must for international lawyers, whether your practice touches the US or not. ABA International is the ABA in a smaller, but internationally focused version, working closely together with the other divisions and sections of the ABA, yet offering the full package in one place. As a result of our geographical diversity and its importance to us, our membership recruitment efforts are increasingly aimed outside the borders of the US. ABA International is one of only two entities within the American Bar Association to allow non-U.S. lawyers to serve on its Council, by special dispensation of the ABA Board of Governors. We not only encourage greater participation by our international members, we’ve made it possible. Our outreach efforts include our ILEX delegations (like the one to India in a couple of weeks), our monthly teleconference series, our meetings and programs in, and outside, the U.S. (viz., the Fall Meeting in Brussels, the New York and Paris conferences on the 60th anniversary of the Universal Declaration of Human Rights), our close ties with more than 100 bars and other professional organizations of lawyers around the world, and of course, our committee listserves and blogs. We’d like your suggestions as to what else we should be doing to continue to increase ABA International membership of lawyers based outside the US, including non-US lawyers. And, please remember to tell all your colleagues who are not licensed in the US or and those who are but who live and practice outside the US that ABA International is a great way to enhance one’s professional achievements and satisfaction. It is easy to join the ABA and Section– just click on: http://www.abanet.org/join/, or, and particularly if you reside outside the US, download and complete the pdf application and send it to the Section Office attn: Angela Benson or e-mail Angela at bensona@staff.abanet.org. As 2008 draws to a close, I want to wish you all of you a safe and happy holiday season. I look forward to your involvement and participation in the New Year. In that regard, make a New Year’s resolution you won’t regret. Sign up now to attend one or both of the Sections major meetings during the remainder of this ABA year – the 2009 Spring Meeting in Washington, DC from April 14-18 and the 2009 Annual Meeting in Chicago from July 31 - August 2. Registration for both events will be open shortly, and I guarantee that you will be happy that you decided to attend. While you’re at it, make another New Year’s resolution - that you’ll be active in one or more of our great committees. Again, you won’t regret it. Happy Holidays!
The Section submitted joint comments with the Section of Antitrust Law this past month on:
The Section approved co-sponsorship of the following Uniform Law Commission reports with recommendations which will be considered by the ABA House of Delegates at the Midyear Meeting:
The Uniform Unincorporated Nonprofit Association Act (originally promulgated in 1996), addressed a key problem in common law – that an unincorporated association was not a separate entity, but rather was an aggregate of individuals with many characteristics of a business partnership. The 1996 Uniform Act reformed the common law in three basic areas – authority to acquire, hold, and transfer property, especially real property; authority to sue and be sued as an entity; and contract and tort liability of officers and members of the association. The Revised Act improves upon its predecessor by providing additional guidance, incorporating a number of modern practices, and by eliminating potential conflicts with other bodies of law. The revised act extends nature of unincorporated nonprofit associations as distinct entities by allowing qualified association to exist in perpetuity where necessary or convenient to carry out its purposes. The RUUNAA distinguishes itself from its predecessor in that it greater guidance with respect to a number of member and manager issues (meetings, duties, resignation of members and managers, quorum and notice rules, etc.). Also, the RUUNAA addresses a number of financial issues such as prohibited distributions, compensation and other payments, reimbursement and indemnification, and advancement of expenses, as well as dissolution, winding up, and termination of an association. In short, the RUUNAA modernizes the 1996 Uniform Act by addressing popular internal and external issues that would face an unincorporated nonprofit association today. Significantly, the project was executed in close coordination with similar efforts by the Uniform Law Conferences of Canada and Mexico, so widespread adopt of the revised act will have the added benefit of functional cross-border harmonization.
In November 2007, the United States signed the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. This Convention contains numerous provisions that establish uniform procedures for the processing of international child support cases. The 2008 UIFSA amendments, approved by the Uniform Law Commission, serve as the implementing language for the Convention within U.S. States and Territories. In order for the United States to fully accede to the Convention it was necessary to modify UIFSA by incorporating provisions of the Convention that impact existing state law. Section 7 of the 2008 UIFSA provides important guidelines and procedures for the registration, recognition, enforcement and modification of foreign support orders from countries that are parties to the Convention. Enactment of the amendments to UIFSA will improve the enforcement of American child support orders abroad and will help ensure that children residing in the United States will receive the financial support due from parents, wherever the parents reside. Federal implementing legislation submitted to Congress will require that the 2008 version of UIFSA be enacted in every jurisdiction within two years of the adopted of the implementing federal legislation, as a condition for continued receipt of federal funds supporting state child support programs. Failure to enact these amendments by that date could result in the loss of this important federal funding.
The Uniform Unsworn Foreign Declarations Act, promulgated by the Uniform Law Commission at its Annual Meeting in 2008, affirms the validity of unsworn foreign declarations made by a declarant who is physically outside the boundaries of the United States when making the declaration and may not have access to a notary. Under the Act, unsworn declarations could not be used for depositions, oaths of office, oaths related to self-proved wills, declarations recorded under certain real estate statutes, and oaths required to be given before specified officials other than a notary. Use of an unsworn declaration, like a sworn declaration, would be subject to penalties for perjury, and the Act provides a model form that unsworn declarations must substantially follow. This project was initiated at the request of the ABA, which referred this issue to NCCUSL in Report 110, adopted by the House on February 13, 2006.
MEMBER NEWS The nomination process for 2009-2010 appointments for Section Committee and Liaison positions is about to begin. We’ll be sending an e-mail out with the timeline on January 9th. Our Committees, Task Forces, and Liaisons are the backbone of ABA International; and we are eager to recruit talented and diligent leadership who will continue to uphold the Section’s preeminence in the field of international law. If you or someone you know would be interested in serving (or continuing to serve) as a Chair or Vice-Chair or would like to be considered for appointment as Liaison to an ABA entity or outside organization, please be sure to look for the January 9th e-mail and apply for an appointment by completing the form online (preferably) or by fax by Friday, January 30, 2009. Please take a few moments to read through the Section’s Statement of Responsibilities of Committee Leaders as well as the one for Liaisons. All candidates, whether applying for the first time, or currently serving in a leadership position, should read the relevant Statement before submitting an appointment form. I look forward to working with you in the coming year! Glenn Hendrix, Chair-Elect (Arnall Golden Gregory LLP)
For updates on programming and events, visit our Section calendar on-line at www.abanet.org/intlaw/calendar.
The 2009 Spring Meeting will bring together over 1,000 international lawyers from around the world to exchange information and ideas regarding the hottest topics in international law. This meeting will offer you the opportunity to…
ABA International is also commemorating two exciting milestones this year: the 130th Anniversary of the Section of International Law, and our 75th Birthday as a Section of the American Bar Association. These anniversaries present a unique opportunity for Sponsors and Exhibitors to join with us in celebrating the rich and dynamic field of international law and practice! For more information on sponsorship opportunities that are available, contact Jenny Abreu, Senior Meeting Planner, at 202-662-1663 or abreuj@staff.abanet.org.
OTHER PROGRAMS OF INTEREST
PATHWAYS TO EMPLOYMENT IN INTERNATIONAL LAWThe Pathways to Employment in International Law 2008-2009 National Tour is well underway with Spring 2009 stops in New York, Boston, Philadelphia, Arizona, Rhode Island, Wisconsin and Washington, D.C. Pathways Programs bring experienced international lawyers together with law students and young lawyers to share career paths and options. We encourage members to join Pathways panels at their local law schools. If you are interested in being a speaker at any upcoming programs, please contact Membership Director Angela Benson at bensona@staff.abanet.org or by phone at +1 (202) 662-1664. Upcoming programs include:
ABA INTERNATIONAL CLE TELECONFERENCES
KEY UPCOMING DEADLINES
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