International Trade Committee

The current U.S. export control system poses major compliance challenges for companies and their counsel.  In the past two years, there have been significant efforts by U.S. industry and the Bush Administration to modernize U.S. export controls.  Industry formed the Coalition for Security and Competitiveness (CSC) and made recommendations to the Administration.  Many of the CSC proposals were acted on by the Bush Administration when it issued two Directives in January 2008, and the Departments of Commerce, Defense and State have worked hard to implement these Directives.  With the new Obama Administration taking office, this timely panel will address the status and prospects for modernization of the export control system.

Program Chair:
Peter Lichtenbaum, BAE Systems Inc., Washington, DC

Moderator:
Peter Lichtenbaum, BAE Systems Inc., Washington, DC

Speakers:
Matthew Borman, U.S. Department of Commerce, Washington, DC
Bob Kovac, U.S. Department of State, Washington, DC

International Trade Committee
International Intellectual Property Rights Committee

Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) provides speedy and effective enforcement of U.S. intellectual property rights against goods that are imported into the U.S.  With increasing imports and a need for prompt marketplace relief, the Section 337 caseload has tripled over the last decade.  Corporations, particularly those with high-tech or other short-life products, are utilizing Section 337 with greater frequency to protect their intellectual property rights from unfair import competition.  This hands-on presentation will provide attendees with insight on the latest developments in Section 337 practice, including the enforcement of exclusion orders by U.S. Customs and Border Protection, the impact of patent reexamination proceedings on Section 337 litigation, the increasing use of Section 337 by foreign companies and the interpretation and application of the Federal Circuit’s decision in Kyocera.

Program Chair:
Matthew S. Dunne, King & Spalding LLP, Washington, DC

Moderator:
Matthew S. Dunne, King & Spalding LLP, Washington, DC

Speakers:
Andrea Casson, U.S. International Trade Commission, Washington, DC
Barbara A. Murphy, Miller & Chevalier, Washington, DC
John M. Peterson, Neville Peterson LLP, New York, New York
Tom M. Schaumberg, Adduci Mastriani & Schaumberg, LLP, Washington, DC
Marcia H. Sundeen, Kenyon & Kenyon LLP, Washington, DC

International Trade Committee

Rapidly changing trade patterns have given rise to more frequent anti-dumping, anti-subsidy, safeguard and IP-related trade actions, particularly against Chinese exports. Evolving market conditions in China have led to anti-subsidy cases against China, and greater use of actual Chinese prices and costs in calculating dumping margins.  Meanwhile, the elimination in 2015 of non-market economy status for China as provided by its WTO accession protocol will precipitate a transformation in trade remedy actions involving the most dynamic exporting economy in the world.  A panel of leading experts from several jurisdictions will examine the implications of these developments for practicing lawyers and their clients.

Program Chairs:
Milos Barutciski, Bennett Jones LLP, Toronto, Ontario, Canada
Matthew Nicely, Thompson Hine LLP, Washington, DC

Moderators:
Matthew Nicely, Thompson Hine LLP, Washington, DC
Darrel H. Pearson, Bennett Jones LLP, Toronto, Ontario, Canada

Speakers:
Fabrizio Di Gianni, Van Bael & Bellis, Brussels, Belgium
Matthew S. Dunne, King & Spalding LLP, Washington, DC
Claudia Marques, Veirano Advogados, Brazil
Kenneth J. Pierce, Hughes Hubbard & Reed LLP, Washington, DC
Valerie Slater, Akin Gump Strauss Hauer & Feld LLP, Washington, DC

International Trade Committee

With each new administration comes new political appointees to key positions in the U.S. international trade regulatory regime.   At this event, we will hear from the new Assistant Secretary for Import Administration (invited), who will discuss how enforcement of U.S. trade remedy laws might be affected by the change in leadership.

Moderator:
Matthew Nicely, Thompson Hine LLP, Washington, DC

International Trade/Customs

Canada Committee

In the wake of a series of high profile cases in recent years involving products as diverse as contaminated meat products, tainted pet food, adulterated heparin and lead in toys, the U.S., Canada and Mexico are redoubling their efforts to ensure the safety of food, drugs and consumer products imported into North America. In particular, NAFTA countries have implemented or are considering new laws, regulations and processes designed to modernize and strengthen national safety surveillance systems for such products. These initiatives will also impose more onerous obligations on importers, manufacturers and retailers; give broad new powers to the government; and strengthen the enforcement powers of inspectors. This panel will examine a number of important differences and similarities in each country’s developing imported product safety framework; provide insights into how companies can adapt to these new requirements to avoid governmental and product liability; and examine the trade implications of these measures.

Program Chairs:
Brenda C. Swick, McCarthy Tétrault, Ottawa, Ontario, Canada
Daniel A. Kracov, Arnold & Porter, Washington, DC

Moderators:
John W. Boscariol, Toronto Dominion Bank Tower, Toronto, Ontario, Canada

Speakers:
Daniel Kracov, Arnold & Porter, Washington, DC
Luis F. Martinez, Basham, Ringe y Correa, S.C., Valle Oriente, Mexico
Brenda C. Swick, McCarthy Tétrault, Ottawa, Ontario, Canada

International Tax Committee

Income or profits which result from international activities such as cross-border investment may be taxed where the income is earned (the source country), or where the person who receives it is normally based (the country of residence).  Residence taxation of income is based on the principle that people and firms should contribute towards the public services provided for them by the country where they live, on all their income wherever it comes from.  Source taxation is justified by the view that the country which provides the opportunity to generate income or profits should have the right to tax it.  These systems quite often result in double taxation.  Some countries decided unilaterally to limit their taxes on income derived from foreign sources.  Whatever solution was chosen would affect international investment flows, so it seemed better for countries to resolve the conflict or overlap between source and residence taxation by international agreement.  To prevent this double taxation, the League of Nations and its successors the United Nations (U.N.) and the Organisation for Economic Co-operation and Development (OECD) developed a series of model treaties, which provide the framework of the international tax regime.  Fundamentally, the treaties strike a compromise between source and residence taxation.  An expert panel of international tax lawyers will discuss these developments in an interactive panel.  This program is not to be missed by International Tax Lawyers and International Trade Lawyers.

Program Chairs:
J. Scott Wilkie, Osler, Hoskin & Harcourt LLP, Toronto, Ontario, Canada
Frans Duynstee, Vans Mens & Wisselink N.V., Amsterdam, The Netherlands

Moderator:
J. Scott Wilkie, Osler, Hoskin & Harcourt LLP, Toronto, Ontario, Canada

Speakers:
Drew Morier, Osler, Hoskin & Harcourt LLP, Toronto, Ontario, Canada
Rebecca Rosenberg, Caplin & Drysdale, Washington, DC
Kees van Raad, Loyens & Loeff, Amsterdam / University of Leiden, The Netherlands

SHOWCASE PROGRAM
This program will also be offered via teleconference.

International Trade/Customs

Canada Committee
Mexico Committee

President Obama has been clear that he believes that NAFTA is outdated and should be renegotiated.  This program will examine NAFTA and its future direction as well as the future direction of all trade agreements.  Among the issues that will be discussed by this expert panel are:  In what area(s) has NAFTA had the greatest positive impact? What are its biggest shortcomings? What would be the main recommendations for improvement? What other trade agreements are likely to be impacted by this climate of change, and how? What is the likely future of trade agreements that are currently being negotiated?

Program Chairs:
Marcy Stras, Baker & Hostetler LLP, Washington, DC
Alejandro Suarez, Fredrikson & Byron, Minneapolis, Minnesota

Moderator:
Marcy Stras, Baker & Hostetler LLP, Washington, DC

Speakers:
Thea Lee, AFL-CIO, Washington, DC
Beatriz E. Leycegui, Ministry of Economy of Mexico, Mexico City, Mexico
John Manley, McCarthy Tetrault, Toronto, Ontario, Canada
Betty Southard Murphy, Baker & Hostetler LLP; Former Chair, NLRB, Washington, DC
Leslie Schweitzer, U.S. Chamber of Commerce, Washington, DC

Customs Committee
International Trade Committee
Intellectual Property Law Committee
Immigration and Naturalization Committee
Export Controls and Economic Sanctions Committee

What would you do if your laptop was seized by customs officials at an airport in the U.S., Canada, EU, Australia, Singapore or elsewhere?  Would you panic?  Do you have any confidential client documents on your computer or emails on your BlackBerry?  Do you have a loaner laptop and have no knowledge on what was left behind in the hard drive? Anyone who travels with their latop needs to attend this program to learn the answers to these and other questions.

Program Chairs:
Cyndee Todgham Cherniak, Lang Michener LLP, Toronto, Ontario, Canada
Susan Kohn Ross, Mitchell Siberberg & Knupp LLP, Los Angeles, California

Moderator:
Susan Kohn Ross, Mitchell Siberberg & Knupp LLP, Los Angeles, California

Speakers:
Stewart Baker, Steptoe & Johnson LLP, Washington, DC
Cyndee Todgham Cherniak, Lang Michener LLP, Toronto, Ontario, Canada
Thomas Winkowski, U.S. Customs and Border Protection, Washington, DC

International Trade/Customs

International Trade Committee
Customs Law Committee

Hear directly from Judges, the Clerk of the Court and frequent practitioners before the Court of International Trade about current issues and future challenges facing the court.  What’s happening in Congress to expand the court’s jurisdiction?  When does the court convene three judge panels?  Why did an antidumping case get to the U.S. Supreme Court?   What new types of cases are being brought to the court?  Bring your questions and join in a wide-ranging discussion on the hottest topics in trade and customs law.

Program Chair:
Paul Brinkman, Alston & Bird LLP, Washington DC

Moderator:
            Paul Brinkman, Alston & Bird LLP, Washington DC        

Speakers:
Michael Cone, Neville Peterson, New York, New York
The Honorable Leo Gordon, U.S. Court of International Trade, New York, New York
The Honorable Tina Potuto Kimble, U.S. Court of International Trade, New York, New York
Diana Dimitriuc Quaia, Arent Fox LLP, Washington, DC

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:
Eric P. Salonen, Stewart and Stewart, Washington, DC

Moderator:
Elizabeth J. Drake, Stewart and Stewart, Washington, DC

Speakers:
Laurent Javaudin, Delegation of the European Commission to the U.S., Washington, DC
Josette Lewis, U.S. Agency for International Development (USAID), Washington, DC
Sandra Polaski, Carnegie Endowment for International Peace, Washington, DC
Karen Sendelback, Friends of the World Food Program, Washington, DC

Customs Law Committee
International Trade Committee
Export Controls and Economic Sanctions 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:
Geoffrey M. Goodale, Foley & Lardner LLP, Washington, DC

Moderators:
Geoffrey M. Goodale, Foley & Lardner LLP, Washington, DC

Speakers:
Alan Cohen, U.S. Department of Homeland Security, Washington, DC
Carol Fuchs, Tyco International, Washington, DC
David H. Laufman, Kelley Drye & Warren LLP, Washington, DC
Patricia McCarthy, U.S. Department of Justice, Washington, DC
Teresa M. Polino, Hogan & Hartson LLP, Washington, DC

International Environment Law Committee
International Investment and Development 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:
Ethan Shenkman, WilmerHale, Washington, DC
Jim Rubin, Hunton & Williams, Washington, DC

Moderator:
Margrete Stevens, King & Spalding LLP, Washington, DC

Speakers:
Andrea Bjorkland, University of California at Davis, Davis, California
Daniel Magraw, Center for International Environmental Law, Washington, DC
Andrea Menaker, White & Case LLP, Washington, DC

International Trade/Customs, Public International Law/Rule of Law

International Trade Committee
International Commercial Dispute Resolution 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:
Marisa Goldstein, World Trade Organization, Geneva, Switzerland
Pablo Bentes, World Trade Organization, Geneva, Switzerland

Moderator:
Marisa Goldstein, World Trade Organization, Geneva, Switzerland

Speakers:
Hugo Cayrus, Embassy of Uruguay, Washington, DC
Stacy Ettinger, Joint Economic Committee, Washington, DC
Jorge Huerta Goldman, Mexican Mission to the WTO, Geneva, Switzerland
Barton Legum, Salans LLP, Paris, France

International Trade Committee
Export Controls and Economic Sanctions 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.
 For advice on handling suspected import violations, also don’t miss the program entitled, “Handling Import Violations in a New Enforcement Era,” at 10:30 a.m. on April 17.

Program Chair:
Wendy Wysong, Clifford Chance, Washington, DC

Moderator:
Shanlon Wu, Wheat Wu PLLC, Washington, DC

Speakers:
James F. Barger, Frohsin & Barger LLC, Birmingham, Alabama
David Callaway, AUSA, San Francsico, Califorinia
Bruce J. Casino, Katten Muchin Rosenman LLP, Washington, DC
Thea Kendler, Bureau of Industry & Security, U.S. Department of Commerce, Washington, DC
Wendy Wysong, Clifford Chance, Washington, DC