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Click on a day to view: Click on a track to view: Meeting Agenda - Friday, April 177:00 a.m. – 6:00 p.m. 7:15 a.m. – 7:45 a.m. 7:15 a.m. – 8:30 a.m. 7:45 a.m. – 8:30 a.m. 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.
International Trade/Customs
International Trade Committee The crisis that emerged as food commodity prices spiked in 2008 brought into focus the linkages between trade policy and access to food. Trade liberalization has had many beneficial effects, including promoting the growth of large middle classes in countries such as China and India. But with that growth has also come large increases in demand for meat, which has diverted more feed grains to livestock production. Market access barriers and other non-tariff barriers as well as infrastructure problems have aggravated the difficulties confronting farmers in developing countries. Meanwhile, the status of the one billion-plus people living on a dollar a day and their ability to find, or afford, food grows ever more tenuous. This panel of experts will share their views on how trade policies can contribute to the international food crisis but also be part of a solution. Program Chair: Moderator: Speakers:
Regulatory/Regional, Dispute Resolution/Litigation
Private International Law Coordinating Committee The Supreme Court’s recent decision in Medellin has re-ignited a simmering controversy over the role of state law in treaty implementation. Medellin highlighted the problems created in our federal system when state law fails to comply with U.S. treaty obligations. But does (or should) treaty ratification necessarily oust the states from areas traditionally within their purview? The question has broad future implications. Private international law treaties increasingly deal with topics that are traditionally regulated by state law. Examples abound in the commercial, family and transactional fields. Are there alternatives to federalizing all these areas? State laws, particularly uniform laws developed by the Uniform Law Commission, can be positive vehicles for implementing treaty obligations consistent with our principles of federalism. This program will explore the practical aspects of the controversy and identify a variety of alternatives techniques and creative approaches to ensure effective implementation of a treaty. Program Chair: Moderator: Speakers: 8:45 a.m. – 10:15 a.m.
Refugee-Hosting Countries
Public International Law/Rule of Law Africa Committee Few U.S. lawyers are familiar with the asylum proceedings conducted by the United Nations High Commissioner for Refugees and by national governments in refugee receiving countries in the global south. This program will help participants develop an understanding of the application of the 1951 Refugee Convention in six countries on four continents (Egypt, Thailand, Senegal, Ecuador, and South Africa), with a special focus on LGBT asylum cases. Presenters will discuss how a hypothetical LGBT asylum case would be adjudicated in each jurisdiction, illustrating asylum issues including access to due process, access to legal assistance, and protection from deportation. Legal advocates with on-the-ground experience will report from the field to give attendees a unique global awareness of the plight of asylum seekers and refugees – the vast majority of whom seek asylum in countries outside the U.S. There will also be a brief comparative analysis to U.S. sexual orientation asylum claims and a discussion of resettlement for LGBT refugees. Program Chairs: Moderator: Speakers:
Young Lawyers
Young Lawyers Interest Network (YIN) Have you ever dreamed of becoming qualified in a jurisdiction outside your home jurisdiction? But were you unsure of how to become qualified in a jurisdiction outside of your own? Do you need additional education? Do you need additional language skills? Are the character and fitness standards different? Do you need to sit through another bar exam? Where do you even find this information? Our panelists are attorneys who have successfully navigated the procedural waters of non-U.S. qualification and will share their experiences and answer your questions on how to add this additional dimension to your legal credentials. Program Chairs: Moderator: Speakers: 8:45 a.m. – 10:15 a.m.
Taxation, Corporate Counsel/Transactional
International Tax Committee In this program, specialists will examine several bank secrecy-related matters, including: (i) the recent scandal in Liechtenstein in which German tax authorities paid $4.2 million to a dubious individual for confidential client information on a CD ROM that he stole from his employer, LGT Bank; (ii) the recent disclosure by UBS Bank’s Swiss office to the U.S. tax authorities of the identity of all 21,000 of its U.S. clients who are knowingly not complying with U.S. tax laws; and (iii) other recent cases such as the Credit Card cases, the Julius Baer Case in the Caymans and the KB Lux Case in Luxembourg. Additional issues will be addressed such as: What is the future of the banking secrecy in a world that becomes more transparent every day? How far can authorities go in fighting tax fraud? Can they apply pressure, judicially, on the local affiliates or representative offices of a foreign bank? Are they even allowed to buy stolen information and use this information in court (fruits of the poisonous tree doctrine)? Are the individual tax payers who were framed by an employee of the bank entitled to damages from the bank? What is the role of the individual lawyers in advising individual clients on banking secrecy and trusts? What is the role of the in-house counsel in scandals like these? How to wind up Trusts when the banking secrecy is of no relevance anymore. This program is not to be missed for tax lawyers, commercial fraud lawyers and lawyers who represent private clients. Program Chairs: Moderators: Speakers: 8:45 a.m. – 10:15 a.m.
SHOWCASE PROGRAM
Environmental Law/Climate Change Canada Committee Representatives of Canada, Mexico and the US will discuss each country's most recent individual and multi-lateral responses to global warming. The experts will also discuss what's ahead for North America as "post-Kyoto" approaches. Program Chairs: Moderators: Speakers: 10:15 a.m. – 10:30 a.m. 10:30 a.m. – 12:00 p.m.
Corporate Counsel/Transactional, Regulatory/Regional
International Intellectual Property Law Committee There is a widening gulf among nations in their views and treatment of intellectual property. The arena where IP rights is most at issue today involves efforts by some nations to limit IP rights through compulsory licenses. In these recent cases, compulsory licenses are not being used for their traditional purpose of assuring that a product protected by intellectual property rights but essential to a critical public need is put into production. Instead the latest rounds of compulsory license initiatives seek to lower the prices of patented products that already are being made available in-country. This program explores from both legal and economic perspectives recent developments, reviews the competing claims, and considers compulsory licensing of both copyright and patent rights and other efforts around the world to restrict or regulate the use of intellectual property rights in ways that push beyond the historically accepted boundaries of IP regulation. Program Chairs: Moderator: Speakers: 10:30 a.m. – 12:00 p.m.
SHOWCASE PROGRAM
Corporate Counsel/Transactional, Dispute Resolution/Litigation International M&A and Joint Venture Committee The demand for legal services continue to grow worldwide and in all practices of law. We are living in a highly competitive environment among lawyers and law firms, while at the same time clients are continuously demanding better services at competitive prices. Technical knowledge, immediate response, reliability, expertise and track record – these are only some of the qualities that good international lawyers must have to attract and keep clients. But are we delivering to the clients the services that they are really looking for? This panel will explore the common mistakes that outside counsel make and will address some suggestions for an effective collaboration between in-house counsel and the outside lawyers. Program Chair: Moderator: Speakers: 10:30 a.m. – 12:00 p.m.
International Trade/Customs
Customs Law Committee Recently, the U.S. government has adopted an aggressive enforcement posture relating to violations of U.S. import laws, and increasingly, it is electing to file criminal charges for significant violations. For this reason, it is becoming very important for companies and their in-house counsel and outside counsel to understand what actions can or should be taken to limit potential penalty exposure. During an interactive program, a panel of seasoned in-house counsel, outside counsel, and U.S. government attorneys will discuss how they would respond to a hypothetical fact pattern involving suspected violations of U.S. import laws and what lessons can be learned and applied. Also, for tips on handling suspected export violations, don’t miss the program on “Are There Effective Defense Strategies in Export Control and Economic Enforcement Cases” being held at 4:00 p.m. on April 17! Program Chair: Moderators: Speakers:
SHOWCASE PROGRAM
Public International Law/Rule of Law U.N. and International Institutions Coordinating Committee Pursuant to Goal IV, the Section of International Law is committed to advancing the Rule of Law. The Rule of Law is important to the establishment of a just society in which individual human dignity is honored and the right of the people to pursue prosperity is guaranteed. Since April 2003, the international community, lead by the U.S., has devoted considerable resources to the establishment of the Rule of Law in Iraq. Indeed, Rule of Law efforts in Iraq may represent the most significant devotion of resources to the establishment of the Rule of Law in history. The Government of Iraq has also made great efforts in this area. The time has come to ask the questions, what has been wrought? Where is Iraq now with respect to the Rule of Law? Where is it headed? And what impediments to progress remain? Are Rule of Law conditions present or emerging that foster respect for human rights, economic development and investment in Iraq? Come and listen to this impressive panel anwer these and other related questions. Program Chair: Moderator: Speakers: 10:30 a.m. – 12:00 p.m.
Young Lawyers, Corporate Counsel/Transactional, Regulatory/Regional
Foreign Consultants Committee Financial service entities from around the world are increasingly finding themselves enmeshed in U.S. litigation arising from the subprime mortgage crisis and its fallout. The need for electronic evidence, especially e-mail, will entail conflicts between non-U.S. privacy laws and the demands of U.S. litigation procedure. This interactive presentation, featuring attorneys from Europe and the U.S., will explore anticipated discovery landmines and potential legal and procedural solutions to the privacy vs. procedure dilemma. Program Chairs: Moderator: Speakers:
Taxation, Corporate Counsel/Transactional
International Secured Transactions and Insolvency Committee With an economy in a downturn a new set of skills and knowledge is needed for lawyers. What is needed is "reversed thinking." The following issues will be discussed by an expert panel of corporate, tax and insolvency lawyers:
Program Chair: Moderator: Speakers:
Environmental Law/Climate Change, Dispute Resolution/Litigation, International Trade/Customs
International Environment Law Committee When does government action purporting to protect and preserve natural resources become a compensatory expropriation under an investment treaty? The issue of takings and environmental protection has long been discussed as a matter of domestic constitutional jurisprudence, with fascinating parallels and differences when the subject of a dispute under international law. In this program, experts from different sectors will examine recent developments in free trade agreements, trade policy and international arbitrations, including the recent ICSID case Biwater Gauff v. Tanzania, involving the privatization of a water concession, and the ongoing NAFTA Chapter 11 case, Glamis Gold v. United States, in which a Canadian mining conglomerate, Glamis Gold, Ltd., has brought a $50 million claim against the U.S. arising out of a dispute over a proposed gold mine in northern California. The panel of experts will explore the development of regulatory expropriation law in the hotly-contested and high-stakes arena of environment and natural resource protection. Program Chairs: Moderator: Speakers: 12:15 p.m. – 1:45 p.m. Not sure whether to attend the Committee Business Luncheon Meetings? If you miss them, you may also be missing the greatest benefit of Section membership. Our 60 committees cover every possible aspect of public and private international law. Most of the substantive work of the Section is conducted at the committee level. The Committee Business Meetings provide a great opportunity to meet your colleagues in the Section, learn about and shape committee plans for the year, and become more active in the Section. Section members can join as many committees as they wish – and committee membership is free! Be sure to sign-up at the time of registration to purchase your ticket to sit with committee members for a working lunch.
Corporate Counsel/Transactional, Regulatory/Regional
Intellectual Property Law Committee Piracy of intellectual property is one of the most compelling problems in international business today, costing billions of dollars in losses for the entertainment, software, publishing, technology and other industries. The U.S. government and governments of other “developed nations,” through various negotiations and other initiatives, have devoted substantial law enforcement resources and passed new initiatives to support enforcement of IP rights. The creative industries also are using new strategies and programs to fight piracy, particularly of digital products. By the same token, efforts such as the proposed “orphan works” legislation will encourage proper usage of content that previously was – as a practical matter – unavailable to users. This program will feature a cross section of commentators from government and significant copyright industries, and will discuss significant new litigation, recent legislative initiatives, and the USTR's special 301 process for prioritizing U.S. enforcement resources and negotiation for the protection of IP rights. Program Chair: Moderator: Speakers: 2:00 p.m. – 3:30 p.m.
Dispute Resolution/Litigation, Corporate Counsel/Transactional
International Corporate Counsel Forum What every in-house counsel and outside counsel needs to know about the global subprime crisis: what are the credit and liquidity issue surrounding the real estate meltdown? What are the legal and ethical dilemmas presented by pursuing cases against rating agencies, banks and financial institutions? Hear from in-house attorneys as well as regulators and outside counsel about the ramifications of the subprime crisis which has affected credit cards, corporate loans, rating services, money markets, among other areas. Program Chair: Moderator: Speakers:
SHOWCASE PROGRAM
International Trade/Customs, Public International Law/Rule of Law International Trade Committee The proliferation of dispute settlement mechanisms in bilateral, regional and multilateral trade and investment treaties results in tribunals applying different substantive rules to and providing different remedies for the same disputes. Hear NAFTA, MERCOSUR, BIT and WTO experts analyze the problem and discuss specific case studies (e.g. Softwood Lumber, Brazil –Retreaded Tires, and the U.S. "zeroing" disputes). A roundtable discussion will utilize hypothetical cases to probe the procedural and substantive problems posed by overlapping jurisdictions and divergent remedies with varying degrees of enforceability as well as possible solutions to the problem, e.g., negotiated settlements, or the use of such concepts as estoppel, res judicata, and forum non conveniens in international and investment disputes. Program Chairs: Moderator: Speakers: 2:00 p.m. – 3:30 p.m.
Regulatory/Regional
Africa Committee Africa’s share of world oil and natural gas production is presently about 12.5% and 6.45% respectively. The continent’s proven oil and natural gas reserves stand at 9.49% and 8.22% respectively of the world's reserves. As a result of the instability in the Gulf region, volatility in global oil prices and increasing demand by consumers, particularly China, Africa’s potential is now well recognized. This program brings together a diverse group of players in the oil and gas industry. . It includes an in-house counsel from a U.S. oil company actively engaged in Africa, an African oil and gas attorney and representatives of OPEC and the U.S. Department of Energy. Panelists will discuss the strategic importance of the region and the major legal challenges that must be overcome to fulfill Africa’s potential as a major oil producing region. Program Chairs: Moderator: Speakers:
SHOWCASE PROGRAM
Public International Law/Rule of Law International Investment and Development Committee This program will discuss the practical issues involved in expanding the Rule of Law programs and initiatives around the world, including the role of law firms, corporations, bar associations, various professional disciplines and civil society. The program will focus on the activities and plans of the World Justice Project (WJP) and identify opportunities for collaboration between the WJP and other Rule of Law efforts, including the ABA’s Rule of Law Initiative (ROLI) and International Legal Resource Center (ILRC). Program Chairs: Moderators: Speakers: 2:00 p.m. – 3:30 p.m.
Environmental Law/Climate Change, Corporate Counsel/Transactional
International Environmental Law Committee Investors are facing new and unexpected scenarios of regulations that were not in place in the last decade which has impacted their investments. Many emerging countries have passed strict environmental laws that are conditioning the structure of a deal. What has been the effect of environmental laws on M&A and corporate compliance? Do these laws represent an obstacle to investments? What guidance for corporate governance and environmental management can be derived from recent trends and decisions in litigation? In this program a lively discussion will examine how these development’s impact on the business community, including the roles of local governments, NGOs and lenders, and management liability and parent company liability issues, among other topics. A comparison of the way these laws are addressed in different jurisdictions and how to manage environmental risks in corporate transactions will also be addressed. The audience will leave with a practical knowledge that will help in structuring and negotiating an investment. Program Chair: Moderator: Speakers: 3:30 p.m. – 4:00 p.m. 3:30 p.m. – 4:00 p.m.
Publications Chair Mark Wojcik, International Law News Editor Marilyn Kaman, The International Lawyer Co-Executive Editor Patricia Heard and representatives from ABA Publishing will be available at this session to discuss publishing opportunities with the Section.
Young Lawyers, Regulatory/Regional
Young Lawyers Interest Network (YIN) You: (i) An internationalist at heart; (ii) educated outside the U.S. and interested in taking a bar exam or otherwise gaining admission to one of the major commercial jurisdictions in the U.S.; (iii) a law firm manager interested in mobilizing the best group of lawyers where they are needed; (iv) all of the above. Program Chairs: Moderators: Speakers: 4:00 p.m. – 5:30 p.m.
Corporate Counsel/Transactional, Public International Law/Rule of Law
International Commercial Transactions, Franchising, and Distribution Committee The Cape Town Treaty on aircraft, rail and space financing has been ratified by twenty-five countries with legal systems ranging from common law to civil code to Islamic compliant. However, the Cape Town Treaty is more than planes, trains and space toys. It is a new way of doing cross-border business, but it may not work for everyone. Is the understanding of the treaty's benefits the same in Mexico as in India? In the U.S. as in Pakistan? Why did Mexico adopt declarations so fundamentally different from its largest trading partner? Did India do everything necessary or advisable to give comfort to financiers? And for the world's fastest growing economic superpower, why is ratification unlikely in the near term? An international panel of experts and skeptics will debate the answers to these questions and why one size may not fit all. Program Chair: Moderator: Speakers: International Trade/Customs International Trade Committee Confronted with the complexity of U.S. export control laws, the labyrinth of overlapping government agency authority, and the current aggressive enforcement environment, a representational strategy that includes challenging the system may seem ill-considered. However, recent publicized defense victories and confidential non-penalty dispositions demonstrate that there are strategies that do not necessarily mandate voluntary self-disclosure and negotiated pleas. This panel of current and former enforcement attorneys and experienced defense counsel will discuss what constitutes an effective defense of export control violations: from limiting administrative remedies, avoiding criminal referral, to defending the case in court. Program Chair: Moderator: Speakers: Regulatory/Regional, Taxation International Tax Committee Ongoing U.S. criminal prosecutions, new U.S. and European regulations, and international trade disputes, highlight complexities in the multijurisdictional governmental response to Internet gambling. This program will discuss the conflict between approaches to Internet gambling, its regulation in Europe and elsewhere, and criminal prohibitions in the U.S. The panel will focus on new developments under the new Obama Administration and in the U.S.-EU trade relationship. The panel also will discuss recent issues such as efforts of U.S. courts to analyze the impact of WTO decision on domestic criminal prosecutions; the WTO arbitration claim against the U.S. for compensation; 60 Minutes and Washington Post investigative reports on cheating in Internet gambling; U.S. investigations of Internet gambling; and potential U.S. enforcement of new regulations barring financial institutions from facilitating Internet gambling transactions. A panel of experts will compare U.S. developments with emerging regulatory schemes in Europe. Program Chair: Moderator: Speakers: 4:00 p.m. – 5:30 p.m.
Public International Law/Rule of Law, Regulatory/Regional
China Committee The reaction of China’s regulators as they seek to steer China through the global economic crisis will prove to be one of the biggest tests to date. A panel of experienced China practitioners and academics will look at recent regulatory changes in China, including the Anti-Monopoly Law, Bankruptcy Law, Labor Contract Law, Corporate Income Tax Law and changes in foreign exchange and outbound investment regulations and how they are being implemented in practice in light of the economic situation through a hypothetical fact scenario. Program Chairs: Moderator: Speakers: Environmental Law/Climate Change, Corporate Counsel/Transactional International Energy and Natural Resources Committee Over the past several years, a dramatic divergence of views has emerged on how developing countries with natural resources should best develop those resources in a socially and environmentally sustainable way; most effectively use those resources to promote long-term growth and development; and involve the private sector and foreign investment, if at all. The program will explore this broad and complex array of issues challenging policy makers, investors, lenders and the lawyers who advise them, through a mock meeting of a panel of advisors representing the views of a potential foreign investor, a host country and a multilateral development bank, who are advising a fictional U.S. government official (moderator) seeking to support a hypothetical oil and gas export project in a fictional country. Key topics will include an examination of the differing views of the panel (and resulting tensions) on public-private partnerships, the role of international organizations like the World Bank, environmental and social concerns and FDI. Program Chairs: Moderator: Speakers: 4:00 p.m. – 5:30 p.m. Multiple Bar Admissions: Getting Qualified Outside the USA Young Lawyers Africa Committee Program Chairs: Moderator: Speakers: 6:30 p.m. – 8:30 p.m. Ticketed Event Chair's Closing Reception at the U.S. Department of State
2201 C Street, NW, Washington, DC
Sponsored byBaker & Hostetler LLP The Chair’s Closing Reception provides one of the few remaining networking opportunities for the 2009 Spring Meeting. Be sure to sign up to experience the Diplomatic Rooms at the U.S. Department of State and converse in this social setting with Section members as well as senior level department officials and other invited U.S. and Foreign Diplomats. 9:00 p.m. |
