International Antitrust Committee

“Dawn raids” are a major source of information for competition authorities in investigating possible infringement of competition law.   Increasingly, competition agencies in different jurisdictions are coordinating dawn raids in different parts of the world at the same time. Once the regulator is on the premises, the company and its lawyers have virtually no time to analyze legal or procedural questions relating to the search.  Therefore, it is critical to understand your rights and obligations in such situations before the regulator comes knocking.
Our distinguished panel will share their expertise and insights from many years of practical experience in defending companies in cross-border competition investigations.  Our panelists will analyze differences in the rules and practices governing dawn raids and other information gathering mechanisms for competition investigations in the EU and U.S. and will address practical issues including: 
•           strategies to preserve legal privilege in light of the disparate rules in the EU and the U.S.;
•           proper treatment of confidential documents that are not within the subject matter of the investigation (“the fruit of the forbidden tree”);
•           third party access to documents in the files of the competition authorities gathered in a dawn raid; and
•           implications for leniency/ amnesty applications.

Program Chair:
Fiona Schaeffer, Weil, Gotshal & Manges, LLP, New York, New York

Moderator:
Martina Maier, Howrey LLP, Brussels, Belgium

Speakers:
Astrid Ablasser, bvp Hügel Rechtsanwälte OEG, Vienna, Austria
Daryl A. Libow, Sullivan & Cromwell LLP, Washington, DC
Martina Maier, Howrey LLP, Brussels, Belgium
Marcus Schriefers, Kleiner Rechtsanwälte, Stuttgart, Germany

Corporate Counsel/ Transactional, Regulatory/Regional, Taxation
International Employment Law Committee
International Tax Committee
Immigration and Naturalization Committee
Canada Committee

This program will discuss common employment, taxation and immigration aspects of international assignments for executives and specialized knowledge personnel.  It will suggest how to organize international assignments and avoid pitfalls, including legal issues surrounding relocations, visas, terminations and taxation, with the participation of experts in these fields  from various countries.

Program Chair:
Sergio R. Karas, Karas & Associates, Toronto, Ontario, Canada

Moderator:
Sergio R. Karas, Karas & Associates, Toronto, Ontario, Canada

Speakers:
Susan J. Cohen, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, Massachussetts
Marjorie R. Culver, Paul, Hastings, Janofsky & Walker LLP, New York, New York
Philippe Despres, Gide Loyrette Nouel, Paris, France
Graeme D. Kirk, Gross & Co. Solicitors, Suffolk, United Kingdom
Susan Serota, Pillsbury Winthrop Shaw Pittman LLP, New York, New York

Regulatory/Regional, Corporate Counsel/Transactional

International Transactions and Insolvency Committee
International Securities and Capital Markets Committee
International Investment and Development Committee
International Financial Products and Services Committee

This program will consider the origins of the 2008 financial crisis, including what happened, why it happened and what was done by governments through their monetary, banking and securities agencies to handle the crisis.  The speakers will extract lessons learned and ignored, as well as compare the effectiveness of the approaches taken by various governments.

Program Chairs:
Thomas Jones, Allen & Overy LLP, Hong Kong, China
Hernan Slemenson, Marval O’Farrell & Mairal, Buenos Aires, Argentina
Daniel Marin Moreno, Gomez-Acebo & Pombo Abogados, S.L., Barcelona, Spain

Moderator:
Robert L. Brown, Greenebaum Doll & McDonald PLLC, Louisville, Kentucky

Speakers:
Kenneth Bialkin, Skadden, Arps, Slate, Meagher & Flom LLP, New York, New York
Meyer Eisenberg, Willamette University College of Law, Potomac, Maryland
Jeffrey B. Golden, Allen & Overy LLP, London, United Kingdom
Giovanni Prezioso, Cleary Gottlieb Steen & Hamilton LLP, Washington, DC

International Antitrust Law Committee

Your client is a subject of multiple cartel investigations around the world, as well as a defendant in private litigation in the U.S.  Regulators and plaintiffs are demanding the production of information, documents and data located in files and computers across the globe.  This program will explore strategic options in dealing with regulators and plaintiffs amidst conflicting rules on personal and subject matter jurisdiction, data privacy and the attorney client privilege. The roundtable discussion will highlight how strategic decisions are influenced by information sharing among regulators in different jurisdictions, amnesty and leniency programs, emerging private litigation in Europe, and recent jurisprudence in the U.S. such as the landmark Twombly decision.

Program Chair:
Ethan E. Litwin, Howery LLP, New York, New York

Moderator:
Ethan E. Litwin, Howery LLP, New York, New York

Speakers:
Olivier N. Antoine, Crowell & Moring LLP, New York, New York
Lokke Moerel, De Brauw Blackstone Westbroek N.V., Amsterdam, The Netherlands
Graham Reynolds, Osler, Hoskin & Harcourt LLP, Toronto, Ontario, Canada

Regulatory/Regional

International Antitrust Committee
International Trade Committee
International Securities and Capital Markets Committee
International M & A and Joint Venture Committee
International Financial Products and Services Committee

The recent worldwide financial crisis has raised fundamental questions about the wisdom of free market/laissez faire policies and the effectiveness of Adam Smith’s “invisible hand.”  What lessons can be learned as we rake through the embers of an unprecedented era of market deregulation and un-regulation?  How can we avoid the mistakes of the past?  This program will consider what regulatory responses are appropriate and what role industry-specific and general regulatory regimes, such as the antitrust and securities laws, should play in the new world regulatory order.  It will also consider what private sector responses are appropriate, including in corporate governance, ethical standards enforcement and risk management systems.

Program Chairs:
Fiona Schaeffer, Weil, Gotshal & Manges LLP, New York, New York
Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York, New York

Moderator:
Harvey J. Goldschmid, Columbia Law School, New York, New York

Speakers:
Robert Glauber, Harvard Law School, Cambridge, Massachussetts
Peter R. Gleason, National Association of Corporate Directors, Washington, DC
Harvey J. Goldschmid, Columbia Law School, New York, New York
Ira M. Millstein, Weil, Gotshal & Manges LLP, New York, New York

Regulatory/Regional

International Antitrust Committee
International Investment and Development Committee
International Commercial Transactions, Franchising and Distribution Committee
International M & A and Joint Venture Committee
International Litigation Committee
International Trade Committee

This two-part program will address significant changes in the field of competition law in key jurisdictions, and the potentially significant implications of these changes on international business.  In Part 1 (The West), a panel of international antitrust experts will conduct a 90-minute roundtable discussion of important recent developments in competition law enforcement and policy in the U.S., the EU, Canada and Brazil.  Topics will include merger enforcement (including decisions of the U.S. Court of Appeals for the DC Circuit in Whole Foods/Wild Oats and the European Court of Justice in Sony/BMG); dominance (particularly the EU decision in Microsoft and the most recent case brought against Intel as well as the U.S. Department of Justice report and the EC Guidance on unilateral conduct); and private litigation (including development in the EU’s private damages action initiatives).  Likely approaches to be pursued by the Obama Administration will be discussed.  The program will have an interactive format, including substantial opportunities for audience questions.  Part 2 (The East) - a 90-minute program focusing on China, India, Japan, South Korea and Australia - will follow in the 4:00 p.m. – 5:30 p.m. time slot.

Program Chair:
Fiona Schaeffer, Weil, Gotshal & Manges LLP, New York, New York

Moderator:
Michael Byowitz, Wachtell, Lipton, Rosen & Katz, New York, New York

Speakers:
George Addy, Davies, Ward, Philips and Vineberg, Toronto, Ontario, Canada
Laurent Garzaniti, Freshfields Bruckhaus Deringer LLP, Brussels, Belgium
Mariana Villela, Veirano Advogados, Rio de Janeiro, Brazil
Claire Webb, Weil, Gotshal & Manges LLP, New York, New York

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

Middle East Committee
International Procurement Committee

 At the time of this program, the U .S. will have spent at least $100 billion on contractors in Iraq , approximately  twenty percent of the funds appropriated for  the Iraq  war  and reconstruction efforts, in an effort to “outsource” goods and services provided to the U.S. military and other government agencies.  Charges have been made that much of this money has been wasted due to overbilling, fraud, shoddy and unsafe work and neglected oversight.  Some of  the money simply cannot be accounted for.  This program will bring together the chief person responsible for oversight, the Special Inspector General for Iraq, and other top administration officials to discuss these charges and offer possible solutions to problems that will affect future war and reconstruction efforts in Iraq, Afghanistan and other conflicts.

Program Chair:
            Katlyn Thomas, Katlyn Thomas, P.C., New York, New York

Moderator:
            Jeffrey Marburg-Goodman, Creative Associates International, Washington, DC

Speakers:
Stuart Bowen, Office of the Special Inspector General for Iraq Reconstruction, Arlington, Virginia
Steve Schooner, The George Washington University Law School; Former Deputy Chief of Procurement Policy (Clinton Administration), Washington, DC
Angela Styles, Crowell & Moring; Former Chief of Procurement Policy (Bush Administration), Washington, DC
Michael J. Thibault, Commission on War-Time Contracting, Washington, DC

U.N. and International Institutions Coordinating Committee

As the headquarters for the International Finance Corporation (IFC), the International Monetary Fund (IMF) and the Inter-American Development Bank (IDB), Washington provides the ideal location for a presentation on these highly influential international institutions.  Speakers will provide full descriptions and focused detailed examples of typical transactions structured by these institutions during times of financial crisis.  They will explain how international finance is used by these institutions for public benefit through both public and private sectors and describe how they accomplish this and where.  Particular attention will be paid to the way these multilateral institutions respond to financial crises.

Program Chair:
Javier Etcheverry Boneo, Marval, O’Farrell & Mairal, Buenos Aires, Argentina

Moderator:
Javier Etcheverry Boneo, Marval, O’Farrell & Mairal, Buenos Aires, Argentina

Speakers:
Sean Hagan, International Monetary Fund, Washington, DC
Rachel F. Robbins, International Finance Corporation, Washington, DC
James Spinner, Inter-American Development Bank, Washington, DC

Regulatory/Regional

International Antitrust Committee
International Investment and Development Committee
International Commercial Transactions, Franchising and Distribution Committee
International M & A and Joint Venture Committee
International Litigation Committee
International Trade Committee

This is Part 2 of a broader program that will address the significant changes in competition law in key jurisdictions around the world and the potential implications of those changes for international business. This Part 2 will be devoted to China, Japan, Korea, India and Australia, with a particular focus on mergers, dominance and product distribution arrangements. Topics will include the new or recently amended competition laws, recently announced enforcement policies (for example in the areas of merger review and abuse of dominance/monopolization), price maintenance and private enforcement. The panel will also discuss whether the conditions attached to China’s recent approval of Inbev NV SA’s acquisition of Anheuser-Busch are consistent with WTO obligations. The program will have an interactive format, including  substantial opportunities for audience questions. Part I (The West) – a 90 minute program focusing on the EU, U.S., Canada and Brazil, will precede this program in the 2:00 p.m. - 3:30 p.m. time slot.

Program Chair:
Fiona Schaeffer, Weil, Gotshal & Manges LLP, New York, New York

Moderator:
Paul Crampton, Osler, Hoskin & Harcourt LLP, Toronto, Ontario, Canada

Speakers:
Elizabeth Avery, Gilbert & Tobin, Sydney, Australia
Vinod Dhall, Dhall Law Chambers, New Delhi, India (in co-operation with Linklaters LLP)
Byung-bae Kim, Wilson Sonsini, Seoul, South Korea
Susan Ning, King & Wood, Beijing, China
Akinori Uesugi, Freshfields Bruckhaus Deringer LLP, Tokyo, Japan

No company wants to run afoul of the FCPA.  In the current atmosphere of heightened enforcement, how can companies ensure that they are not swept up in an FCPA investigation?  In part one of this panel, in-house corporate counsel and a Department of Justice official will discuss a series of real-world scenarios relating to FCPA compliance.  Seasoned professionals will share practical tips about how to avoid FCPA problems before they ever reach a critical stage.  The first part of the panel will address issues that include how does a company evaluate FCPA risks, how can a company with far-flung international subsidiaries implement effective FCPA compliance programs, and how can companies ensure that they will not inherit FCPA problems when they expand their business through acquisition?   The second part of the panel (at 10:30 a.m. on 4/16) will discuss FCPA enforcement issues.
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Program Chair:
Alexandra Wrage, TRACE International, Annapolis, Maryland

Moderator:
Mara Senn, Arnold & Porter, Washington, DC

Speakers:
Kathleen Hamann, U.S. Department of Justice, Washington, DC
Susan Ringler, ITT, Washington, DC
Dana Vader, EADS North America, Washington, DC
Glenn Ware, PricewaterhouseCoopers, Washington, DC

Russia/Eurasia Committee
Europe Committee
International Human Rights Committee

In February 2008, Kosovo declared its independence from Serbia and was recognized by the majority of the EU members, the U.S. and other countries despite Russia’s and Serbia’s objections.  In August 2008, as the result of the Russia-Georgia war, South Ossetia and Abkhazia declared their independence from Georgia but were recognized only by Russia and Nicaragua.  Many countries and international organizations reaffirmed their recognition of Georgia's territorial integrity.

Are the outcomes of these declarations of independence based on principles of international law or realpolitik considerations?  Can we discern some usable international law standards from these?  What are the implications of Kosovo's and South Ossetia's independence for Crimea, Transdnistria, Tibet, and other breakaway territories around the world?  A panel of international experts will discuss these issues and whether the rules and principles of international law can help reduce the possibility of military and civil conflicts in similar circumstances in the future.

Program Chair:
Elena Helmer, The Claude W. Pettit College of Law, Ohio Northern University, Ada, Ohio

Moderator:
Howard N. Fenton, The Claude W. Petit College of Law, Ohio Northern University, Ada, Ohio

Speakers:         
Nima Taylor Binara, Intelsat Corporation, Washington, DC
Anna V. Dolidze, Georgian Young Lawyers’ Association, Ithaca, New York
Julie Mertus, School of International Service, American University, Washington, DC

Regulatory/Regional

A whistleblower, a subpoena, a raid:  these unpleasant surprises are often a company’s first introduction to FCPA enforcement.  With aggressive enforcement of the FCPA, increased attention to anti-bribery enforcement abroad, and increased cooperation across national borders, a company may face risk of investigation and prosecution not just in the U.S. but also in foreign countries where they have subsidiaries or do business.  How can companies most effectively prepare for sometimes multi-front crises and deal with them when they arise?  In this second part of the FCPA program (first part is at 8:45 a.m.), a Department of Justice official and expert in-house and outside counsel will discuss the state of anti-bribery enforcement at home and abroad, concrete steps to defend against such enforcement, whistleblower issues, and implications of successor liability across national borders.

Program Chairs:
Carolyn Lindsey, TRACE International, New York, New York
Maria Vandenberg, Jenner & Block, Washington, DC

Moderators:
Carolyn Lindsey, TRACE International, New York, New York
Maria Vandenberg, Jenner & Block, Washington, DC

Speakers:
Iris Bennett, Jenner & Block, Washington, DC
Stuart H. Deming, Deming PLLC, Washington, DC
Jeffrey Eglash, General Electric, Fairfield, Connecticut
Mark Mendelsohn, U.S. Department of Justice, Washington, DC

Public International Law/Rule of Law, Regulatory/Regional

Russia/Eurasia Committee
Europe Committee
International Human Rights Committee

In February 2008, Kosovo declared its independence from Serbia and was recognized by the majority of the EU members, the U.S. and other countries despite Russia’s and Serbia’s objections.  In August 2008, as the result of the Russia-Georgia war, South Ossetia and Abkhazia declared their independence from Georgia but were recognized only by Russia and Nicaragua.  Many countries and international organizations reaffirmed their recognition of Georgia's territorial integrity.

Are the outcomes of these declarations of independence based on principles of international law or realpolitik considerations?  Can we discern some usable international law standards from these?  What are the implications of Kosovo's and South Ossetia's independence for Crimea, Transdnistria, Tibet, and other breakaway territories around the world?  A panel of international experts will discuss these issues and whether the rules and principles of international law can help reduce the possibility of military and civil conflicts in similar circumstances in the future.

Program Chair:
Elena Helmer, The Claude W. Pettit College of Law, Ohio Northern University, Ada, Ohio

Moderator:
Howard N. Fenton III, The Claude W. Petit College of Law, Ohio Northern University, Ada, Ohio

Speakers:         
Nima Taylor Binara, Tibet Justice Center, Berkely, California
Anna V. Dolidze, Cornell University Law School, Ithaca, New York
Julie Mertus, School of International Service, American University, Washington, DC

International Environmental Law Committee
Law of the Sea Committee

Scientists have issued dire predictions that illegal, underreported and unregulated (IUU) fishing and environmental degradation could destroy the world’s existing commercial fishing stocks by 2050.  Moreover, climate change threatens to permanently remake the world’s oceans.  When the stakes could not be higher, why has it been so difficult to develop successful strategies to address these challenges to our greatest shared resource?  What is working and what is not? What explains the apparent disconnect between science and policy, including catch quotas that consistently exceed the recommendations of scientists?  Are Regional Fisheries Management Organizations playing an effective role?  And have the U.S. and EU been leaders or laggards on these issues?  This program brings together leading experts to consider the extent to which legal solutions can preserve our oceans and promote sustainable fisheries for the collective benefit.

Program Chairs:
Michael A. Becker, Patterson Belknap Webb & Tyler LLP, New York, New York
Joseph Dellapenna, Villanova University School of Law, Philadelphia, Pennsylvania

Moderator:
Howard S. Schiffman, New York University, New York, New York

Speakers:
Keith Benes, Office of the Legal Advisor, U.S. Department of State, Washington, DC
John Connelly, National Fisheries Institute, Silver Spring, Maryland
Karen Sack, Greenpeace International, Washington, DC
Scott Sheeran, Permanent Mission of New Zealand to the United Nations, New York, New York

Regulatory/Regional

Canada Committee
Information Services, Technology and Data Protection Committee
International Procurement Committee
International Financial Products and Services Committee
International Corporate Counsel Forum
Export Controls and Economic Sanctions Committee
National Security Committee

The adoption of the U.S. Patriot Act in 2001 prompted Canada’s federal and provincial governments to adopt varying approaches to strictly control access to personal information domestically and internationally.  As a result, companies whose business models require access to such information increasingly find themselves in the position of having to choose between compliance with those privacy laws and conflicting U.S. laws.

In this program leading privacy law architects, scholars, and practitioners will examine the underlying policies of these varying approaches, contrast these laws with privacy laws that are in force in other countries in the Americas, update attendees on latest developments and regulator sensitivities, and engage in a roundtable discussion concerning the design and implementation of compliance strategies that address these conflicts and minimize exposure to enforcement actions in one or more jurisdictions.

Program Chairs:
John W. Boscariol, McCarthy Tétrault LLP, Toronto, Ontario, Canada
R. Mark Field, Evans Petree Bogatin PC, Tennessee

Moderators:
John W. Boscariol, McCarthy Tétrault LLP, Toronto, Ontario, Canada
R. Mark Field, Evans Petree Bogatin PC, Memphis, Tennessee

Speakers:
Fred Cate, Indiana University Maurer School of Law, Bloomington, Indiana
Mark Plotkin, Covington & Burling LLP, Washington, DC
Jennifer Stoddart, Canadian Privacy Commissioner, Ottawa, Ontario, Canada
Marian Tyson, Deputy Minister of the Nova Scotia Department of Justice, Nova Scotia, Nova Scotia, Canada

International Investment and Development Committee

International buyer beware!  Across the globe government regulation of foreign investment is in flux: in the U.S. the Committee on Foreign Investment in the U.S. (“CFIUS”) released new guidance on the CFIUS review process in November 2008.  The German government in 2007 approved a draft law that would allow it to block moves by foreign investors if it concludes that a proposed transaction would endanger the country's interests.  In Canada, the Conservative government announced in 2008 special guidelines for the review of such investments under the Investment Canada Act.  This panel of practitioners that are familiar with recent transactions that were blocked by foreign investment regulations including the Bain Capital/3Com transaction in the U.S. and the proposed $1.33 billion sale by MacDonald Dettwiler of satellite technology to Alliant Techsystems in Canada will discuss the many issues and problems associated with the transactions as well as the legislation of other countries (such as China).

Program Chairs:
Gordon Cameron, Stikeman Elliott LLP, New York, New York
Ken Ottenbreit, Stikeman Elliott LLP, New York, New York

Moderator:
Melida Hodgson, Foley Hoag LLP, Washington, DC

Speakers:
Hans-Jorg Niemeyer, Hengeler Mueller, Brussels, Belgium
Susan Ning, King & Wood, Beijing, China
Edward Rubinoff, Akin Gump Strauss Hauer & Feld LLP, Washington, DC
Sandy Walker, Stikeman Elliott LLP, Toronto, Ontario, Canada

International Commercial Dispute Resolution Committee
Mexico Law Committee

Litigating a dispute with your Mexican partner may be something you would not wish upon your worst enemy. So what are alternatives to cross-border litigation? Consider the increasingly popular tools of arbitration and other alternative dispute resolution mechanisms. Learn how ADR is working to resolve disputes between U.S. and Mexican parties, and what clients should expect.

A panel of attorneys with exceptional experience arbitrating and settling disputes involving U.S. and Mexican parties will share their lessons and their strategies to successfully resolve disputes between border neighbors that used to be commercial partners.

The format will be an interactive panel discussion, addressing topics such as the management of collateral litigation, the posture of various Mexican state and federal courts towards arbitration, preferred terms of arbitration clauses, and nuances of Mexican and U.S. law concerning the seat of arbitration.

Program Chairs:
Alejandro Suarez, Fredrikson & Bryon, P.A. Attorneys & Advisors,
Minneapolis, Minnesota
Patrick Del Duca, Zuber & Taillieu LLP, Los Angeles, California
Joaquín G. Rodriguez Zarza, Chacón, Quiroz, Muñiz y Bolio, S.C.,
Mexico City, Mexico

Moderator:
Patrick Del Duca, Zuber & Taillieu LLP, Los Angeles, California

Speakers:
John E. Beerbower, Cravath, Swaine & Moore LLP, New York, New York
Thomas S. Heather, White & Case LLP, Mexico City, Mexico
Steven L. Smith, O'Melveny & Myers LLP, San Francisco, California
Claus von Wobeser, Von Wobeser y Sierra, S.C, Mexico City, Mexico

International Human Rights Committee
Africa Committee
International Trade Committee
Middle East Committee

Western Sahara, Spanish Sahara when it was a colony of Spain, is a territory no larger than the state of Colorado situated between Morocco, Mauritania and Algeria.  For more than 30 years this small, remote part of the planet has occupied center stage in the politics of northwest Africa, and the process of its decolonization not only sparked an armed conflict that enflamed the continent and sewed discord among the major powers, but raised implications for the application of the principles of international law and the role of the U.N. in applying these principles that far outweigh its importance as a territory.  This program will use a “Meet the Press” format to examine the history of this dispute and the role of the U.S., U.N. and other major players in it, with a view toward offering some practical suggestions as to future policy.

Program Chair:
Katlyn Thomas, Katlyn Thomas, P.C., New York, New York

Moderator:
Ambassador Emilio Cardenas, Chair of the Human Rights Committee of the International Bar Assocation, Buenos Aires, Argentina

Speakers:
Elliot Abrams, Former Deputy Assistant to the President (George W. Bush) Deputy National Security Advisor for Global Democracy Strategy and Near East and North Africa Affairs (NSC), Washington, DC
Hans Corell, Former Under-Secretary-General for Legal Affairs and the Legal Counsel of the U.N., Stockholm, Sweden
His Excellency Aziz Mekouar, Ambassador of the Kingdom of Morocco, Washington, DC
Mouloud Said, Representative of the Polisario to the U.S,
Katlyn Thomas, Katlyn Thomas, P.C., New York, New York

Private International Law Coordinating Committee
International Litigation Committee
International Commercial Dispute Resolution 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:
William M. Hannay, III, Schiff Hardin LLP, Chicago, Illinois

Moderator:
Harriet Lansing, Minnesota Court of Appeals, Minneapolis, Minnesota

Speakers:
Guy S. Lipe, Vinson & Elkins LLP, Houston, Texas
Kathleen Patchel, Indiana University School of Law, Indianapolis, Indina
David P. Stewart, Georgetown University Law Center, Washington, DC
Louise Ellen Teitz, Roger Williams University School of Law, Bristol, Rhode Island

International Intellectual Property Law Committee
International Antitrust 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:
Ronald A. Cass, Cass & Associates PC, Great Falls, Virginia
Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York, New York

Moderator:
Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York, New York

Speakers:
Ronald A. Cass, Cass & Associates PC, Great Falls, Virginia
Jonathan D. Putnam, CRA International, Boston, Massachussetts
Greg S. Slater, Intel Corporation, Chandler, Arizona
Willard K. Tom, Morgan, Lewis & Bockius, Washington, DC

Foreign Consultants Committee
International Dispute Resolution Committee
International Intellectual Property 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:
Carole Basri, University of Pennsylvania Law School, Philadelphia, Pennsylvania
Kenneth N. Rashbaum, Fios Inc., New York, New York

Moderator:
Carole Basri, University of Pennsylvania Law School, Philadelphia, Pennsylvania

Speakers:
Alex Blumrosen, Bernard-Hertz-Bejot, Paris, France
Kenneth Brothers, Dickstein Shapiro LLP, Washington DC
Martin Jaron, Holland & Knight, Washington DC
Kenneth N. Rashbaum, Fios Inc., New York, New York

Intellectual Property Law Committee
Task Force on Piracy

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:
Scott Bain, Software & Information Industry Association, Washington, DC
Jessica Darraby, Darraby Law, Los Angeles, California

Moderator:
Jessica Darraby, Darraby Law, Los Angeles, California

Speakers:
Fritz Attaway, Motion Picture Association of America, Washington, DC
Steven R. Englund, Jenner & Block, Washington, DC
Scott Bain, Software & Information Industry Association, Washington, DC
Steven Tepp, Office of Policy and International Affairs, U.S. Copyright Office, Washington, DC

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:
Victor Mroczka, Hughes, Hubbard & Reed, Washington, DC
Jacob Saah, Saah & Company, Accra, Ghana

Moderator:
Jacob Saah, Saah & Company, Accra, Ghana

Speakers:
William S. Hayes, Kosmos Energy, LLC, Dallas, Texas
Gbenga Oyebode, Aluko & Oyebode, Nigeria
Lauren Mayne, U.S. Department of Energy, Washington, DC
Ricardo Silva, Miranda Correia Amendoeira & Associados, Lisboa, Portugal
Ibibia Lucky Worika, Organization of Petroleum Exporting Countries (OPEC), Vienna, Austria

Young Lawyers Interest Network (YIN)
Asia/Pacific Committee

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.
Us:  Representatives of four major markets for legal services in the U.S. (California, Illinois, New York and DC) responsible for interpreting and applying regulations governing rights of practice for foreign law graduates/lawyers and an international law firm partner interested in barriers to mobility.
The Problem:  Understanding the nuances of bar eligibility requirements for non-U.S. law graduates and non-U.S. lawyers
The Plan:  Let’s talk about it!  Using hypotheticals and lots of Q&A, we will aim to reach a shared understanding of rules and policies governing admission rights of non-U.S. lawyers and law graduates.

Program Chairs:
Carole Silver, Georgetown University Law Center, Washington, DC
Laurel S. Terry, Penn State, The Dickinson School of Law, Carlisle, Pennsylvania

Moderators:
Stephen Denyer, Allen & Overy LLP, Frankfurt, Germany
Robert Lutz, Southwestern Law School, Los Angeles, California

Speakers:
Mark Carlin (Invited), Chair of the Committee on Admissions, Washington, DC
Donald H. Funk (Invited), Illinois Board of Admissions to the Bar, Springfield, Illinois
Victoria Graffeo (Invited), New York Court of Appeals, New York, New York
Robert Hawley, State Bar of California, Califorinia

China Committee
Shanghai Lawyers Association

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:
Elizabeth Cole, Orrick, Herrington & Sutcliffe LLP, Shanghai, China
Adam Li, Jun He Law Offices, Shanghai, China

Moderator:
Adam Bobrow, Signal Capital Group, Limited, Turkey

Speakers:
Elizabeth Cole, Orrick, Herrington & Sutcliffe LLP, Shanghai, China
Michael Jacobs, DePaul University College of Law, Chicago, Illinois
David Liu, Jun He Law Offices, Shanghai, China

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:
Owen Bonheimer, Steptoe & Johnson LLP, Washington, DC

Moderator:
Jonathan Tickner, Peters & Peters, London, United Kingdom

Speakers:
E. Lawrence Barcella, Jr., Paul, Hastings, Janofsky & Walker LLP, Washington, DC
James Bonham, Steptoe & Johnson LLP, Washington, DC
Frans Duynstee, Van Mens & Wisselink, Amsterdam, The Netherlands
Saverio Lembo, Bär & Karrer, Geneva, Switzerland