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Click on a day to view: Click on a track to view: Meeting Agenda - Thursday, April 167:00 a.m. – 6:00 p.m. 7:15 a.m. – 8:30 a.m.
International Trade/Customs
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:
Corporate Counsel/Transactional
This panel will dicuss the director’s duties, which are at the heart of takeover situations. In cross-border transactions the variations in responsibilities of directors in different jurisdictions need to be well understood. They touch not only on the matter of defense against a takeover bid, but also on whether directors in a takeover context owe duties to stakeholders other than shareholders and whether the best price for shareholders should determine the outcome. Some jurisdictions stipulate explicit fiduciary duties of directors; others regulate their duties through different concepts, such as proper management. In today’s world, these duties need to be understood in the light of increasing financial and insolvency risks, requiring a stronger focus on the interests of creditors. The panel will also discuss the position and duties of special constituent directors, such as directors appointed by certain shareholders or governments. Program Chair: Moderator: Speakers:
8:45 a.m. – 10:15 a.m.
Dispute Resolution/Litigation
International Commercial Dispute Resolution Committee Many practitioners and their clients contend that international arbitration is becoming more and more like U.S.-style litigation, especially when it comes to issues like time, expense and excessive discovery. This panel will examine the extent to which "ugly" U.S.-style litigation tendencies are encroaching upon the field of international arbitration. Panelists, with substantial audience participation, will also discuss and debate the extent to which the idealized view of international arbitration is a myth. Topics include: discovery (including electronic discovery); transparency/confidentiality; punitive/moral damages; and a practical discussion of whether and how to save international arbitration from the excesses of U.S.-style litigation. Program Chair: Moderator: Speakers:
SHOWCASE PROGRAM
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: Moderators: Speakers:
Regulatory/Regional
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. Program Chair: Moderator: Speakers: 8:45 a.m. – 10:15 a.m.
SHOWCASE PROGRAM
Public International Law/Rule of Law Africa Committee In June 2008, the American Bar Association issued a rule of law letter to the Government of Zimbabwe, urging President Robert Mugabe to reign in his security forces and restore the Rule of Law. The ABA was spurred to action by reports of threats, abductions, arrests and assaults on lawyers and members of the judiciary. One senior Zimbabwean lawyer described the situation: “We have approached the courts for urgent relief. We can only wait. This persecution of lawyers is reaching levels where we will not be surprised if lawyers start getting killed or made to disappear.” In the past year the situation in Zimbabwe has become desperate, for lawyers and all citizens. Join moderator Bill Neukom and senior Zimbabwean lawyers who have operated for years under constant threat to discuss lawyering under tyranny and the way forward. Program Chair: Moderator: Speakers:
Young Lawyers, Corporate Counsel/Transactional
Latin American and Caribbean Committee With the increasing importance of the globalization of businesses, cross-border transactions have become the quickest way to achieve a company’s growth objectives. Although they present many of the same issues as domestic deals, cross-border M&As are usually more complex. Coordination and control are essential, as surprises and pitfalls appear along the way, especially when the number of geographies involved in the transaction increase. This panel will review the general scope and standard of due diligence in each jurisdiction, as well as whether there is any legal obligation or particular duty of care required from lawyers. Focusing on a practical approach into the subject on a comparative basis, the speakers will also discuss useful tactics for coordinating simultaneous and diverse due diligence towards reaching a successful transaction closing. Program Chairs: Moderator: Speakers:
Taxation, International Trade/Customs
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: Moderator: Speakers: 8:45 a.m. – 10:15 a.m. Saving the Planet - From Kyoto to Copenhagen and Beyond: Part 1
Environmental Law/Climate Change, Public International Law/Rule of Law
Canada Committee Climate change is at the forefront on all political, social, commercial and business agendas and stategies. It will affect everyone’s lives, no matter where we live. It affects weather, food, housing, health, use of natural resources and energy, and promises to change everything we have been used to. Where our world will be heading is of utmost importance for future generations. However, not all governments perceive the problems or issues in the same way. Ambassadors and government representatives will address the issue from their perspectives in an attempt to find common ground on basic issues. Program Chairs: Moderator: Speakers: 10:15 a.m. – 10:30 a.m.
Sponsored by Steptoe & Johnson LLP
10:30 a.m. – 12:00 p.m.
Corporate Counsel/Transactional
Russia/Eurasia Committee The Russia-Georgia conflict, TNK-BP controversies, Mechel's pricing scandal, Bank of New York litigation are just some of the issues that have left foreign investors wondering if Russia is still open for business. This program will explore the legal issues surrounding the investment and political climate in Russia, and will provide an update on the current state of the institutional framework of doing business in Russia. A panel of speakers with first-hand knowledge will explain the situation, dispel myths, answer questions posed by the audience and discuss challenges faced by lawyers and their clients in today's Russia. Program Chair: Moderator: Speakers:
Dispute Resolution/Litigation
Art and Cultural Heritage Law Committee This roundtable will explore the National Defense Authorization Act §1083, which amended the Foreign Sovereign Immunities Act’s “terrorist” suit provisions. This panel brings together diverse speakers to discuss the impact of the law generally, and in specific cases, such as Rubin v. Iran, where plaintiffs are attempting to attach ancient Persian artifacts, and Peterson v. Iran, where plaintiffs are attempting to attach various “debts” allegedly owed to Iran, including shipping and docking fees. The panel will also address certain plaintiffs’ successful efforts in suing Libya and Libya’s settlement with the U.S. regarding all “terrorist” lawsuits. Panelists will analyze the effect of the law on cultural institutions nationwide, including the Metropolitan Museum of Art, which recently was unable to include 55 Syrian cultural objects in its “Beyond Babylon” exhibit due to Syria’s fear that the objects would be subject to attachment under the new law. Program Chair: Moderator: Speakers:
SHOWCASE PROGRAM
This program will also be offered via teleconference. International Trade/Customs Canada 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: Moderator: Speakers:
SHOWCASE PROGRAM
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: Moderators: Speakers: Public International Law/Rule of Law, Regulatory/Regional Russia/Eurasia 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: Moderator: Speakers: 10:30 a.m. – 12:00 p.m.
Young Lawyers, Corporate Counsel/Transactional, Dispute Resolution/Litigation
International Commercial Dispute Resolution Committee This program will address common pitfalls in negotiating and drafting international agreements, such as transplanting and adapting foreign legal concepts and using dual language contracts and ensuring enforceability of the parties’ intent. Emphasis will be given to specific problems that the speakers have encountered in drafting international agreements and how they are resolved at the negotiation stage and otherwise subsequently dealt with by courts or arbitrators. Program Chairs: Moderators: Speakers: 10:30 a.m. – 12:00 p.m.
Taxation
International Tax Committee This panel will discuss the importance of taxpayer service, and the challenges international taxpayers may face dealing with the IRS. International taxpayers are located in 194 countries and in more than 60 overseas territories, however only four IRS overseas customer service posts serve the international taxpayer segment. How can the international taxpayer access the IRS to comply with U.S. tax obligations, or inquire about U.S. tax law or account-specific issues? The IRS practices will be compared with those of other developed (OECD) countries. What can and should be done to improve taxpayer experience while communicating with the tax authority? This session is not to be missed by all international lawyers dealing with taxation, cross border investments in the U.S., and immigration to the U.S. Program Chairs: Moderators: Speakers: 10:30 a.m. – 12:00 p.m.
Environmental Law/Climate Change, Regulatory/Regional
International Environmental Law 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: Moderator: Speakers:
Sponsored by Portolano Colella Cavallo
Abbe Lowell has been recognized by various legal publications and groups as one of the 10 Best Trial Lawyers and the 100 Most Influential Lawyers in the U.S. He represented the U.S. House of Representatives during the Clinton Impeachment hearings. He has represented a number of high-profile clients, including Congressman Gary Condit, Senator Bob Torricelli and lobbyist Jack Abramoff. He served at the U.S. Department of Justice from 1977 - 1981 as a Special Assistant U.S. Attorney, Special Assistant to the Deputy Attorney General, and Special Assistant to the Attorney General. From 1994–1996, Mr. Lowell served pro bono as Special Counselor to the United Nations High Commissioner for Human Rights in the investigation and prosecution of human rights violations and war crimes and other human rights projects in Rwanda and the former Yugoslavia. Mr. Lowell’s writings on legal issues and current political events have been widely published. He teaches various law topics at Georgetown University Law Center and Columbia Law School.
Corporate Counsel/Transactional
International M & A and Joint Venture Committee The anticipated convergence of International Financial Reporting Standards (IFRS) and Generally Accepted Accounting Principles (GAAP) has been hastened with the announcement by the U.S. Securities and Exchange Commission of its support for the adoption of IFRS for companies in the U.S. Both U.S. and foreign lawyers and, in particular, transactional lawyers, need to become familiar with the differences and the impact of those differences on structuring transactions. What is the real transactional impact on the combination of IFRS entities with GAAP entities? What particular aspects of such a transaction must be the focus of an attorney’s attention? This panel will work through a hypothetical situation which illustrates the challenges presented. Program Chairs: Moderators: Speakers: 2:00 p.m. – 3:30 p.m.
Dispute Resolution/Litigation
International Litigation Committee Since the onset of the global credit crisis, over seven hundred lawsuits have been instituted by and against financial service providers in the U.S. alone. These suits have resulted in large part from the unprecedented losses suffered by banks, funds and individuals around the world, and have led to a huge public outcry for accountability on the part of those perceived to have caused the losses. Investors have sued issuers, underwriters, rating agencies, accounting firms, mortgage lenders and originators, asset management companies and securitizers, among others, and several of these institutions in turn have claimed against each other. This panel, comprised of leading litigators in the subprime field, will examine the claims which have arisen in the expanding international effort to allocate loss among the many parties involved. The program will provide a detailed examination of litigation in the U.S. and beyond involving credit default swaps, CDOs, mortgage-backed securities, offshore conduit programs and other instruments and vehicles developed in the complex world of credit derivatives, and their increasing impact upon the various global financial institutions which have become party to the ever growing number of lawsuits. Program Chair: Moderator: Speakers: 2:00 p.m. – 3:30 p.m.
International Trade/Customs
Customs 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: Moderator: Speakers:
SHOWCASE PROGRAM
Regulatory/Regional Canada 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: Moderators: Speakers: 2:00 p.m. – 3:30 p.m. Public International Law/Rule of Law Asia/Pacific Committee The International Covenant on Economic, Social and Cultural Rights (“ICESCR”) is becoming increasingly important in a globalized world. As corporations seek to do business in countries where labor comes at a bargain price, leaders in developing countries strive to create business-friendly environments to attract investors. All too often, though, the rights of impoverished workers become marginalized in corporate transactions. Nowhere is this more apparent than in South Asia where these are daily challenges. So who is responsible for upholding the rights of the poor? The ICESCR enforcement body indicates that the responsibility belongs to governments that ratify the Covenant. However, the deeper question is whether developing nations, legally bound by the ICESCR, have viable mechanisms for the impoverished to assert their rights in tandem with rapid corporate expansion. Is there a role for corporate actors in addressing inadequacies? Answers to such questions are key to fostering vibrant economies and upholding the rule of law in the developing world.Program Chairs: Moderator: Speakers: 2:00 p.m. – 3:30 p.m.
SHOWCASE PROGRAM
Young Lawyers Young Lawyers Interest Network (YIN) Research shows that women in the legal profession continue to lag behind their male counterparts in terms of numbers, compensation and leadership in the senior ranks of legal practice. Come and join four remarkable women who have broken through the glass ceiling in an interactive open forum discussion where they will share their individual experiences, achievements and challenges they have confronted in their careers and their insights on the essential tools that women need to be successful as they advance in the legal profession. A significant portion of this program will be devoted to questions from the floor. Program Chair: Moderator: Speakers:
Taxation, Corporate Counsel/Transactional
International Tax Law Committee Although we are experiencing an economic downturn in many parts of the world, opportunities to buy and sell businesses continue to emerge. A panel of experienced corporate and tax attorneys will discuss many of the problems and traps for the unwary that arise at the time of the disposal (full or partial) of a family business in an international context, focusing on fundamental issues of corporate law, tax law, estate law, asset protection, and succession planning as well as ethical considerations. This panel will also address the applications, differences, pros and cons between Liechtensteins Stiftungs, Panamas Foundations and Liechtensteins Stiftungs and Anstalts, Trusts and marital agreements, among other issues. This program cannot be missed by estate, tax, corporate, and family lawyers and anyone with a family-owned business. Program Chairs: Moderators: Speakers:
Environmental Law/Climate Change, Public International Law/Rule of Law
Europe Committee Environment is the word. The road from the Kyoto Protocol to Bali to Poznan leads to the Copenhagen Agreement and beyond 2012. Travel metaphors abound regarding the Bali roadmap. Our world is melting at both ends. The speakers’ backdrop is the failure of the U.S. to sign the Kyoto Protocol, the failure of the EU to meet their ambitious plans to fight climate change, the fast paced changes in the developing countries since Kyoto, the renewed interest of the U.S. in climate change, and let us not forget THE CRISIS and the enormous investments needed to fight climate change. The panel will put all the issues in perspective and provide a glimpse of how the Copenhagen agreement may turn out and how it may affect our clients and their activities. They will also answer questions such as how will businesses need to adjust, how long will they have to adjust and what happens if they don’t. Program Chairs: Moderator:
Speakers: 3:30 p.m. – 4:00 p.m. 3:30 p.m. – 4:00 p.m.
Programs Officer Yee Wah Chin and Members of the Programs Committee – Jeff Aresty, Adam Farlow and Steven Richman – along with Section Staff will be available at this session to discuss programming opportunities with the Section.
Corporate Counsel/Transactional, Regulatory/Regional
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: Moderator: Speakers: 4:00 p.m. – 5:30 p.m.
SHOWCASE PROGRAM
International Trade/Customs International Trade 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: Moderator: Speakers: 4:00 p.m. – 5:30 p.m.
Regulatory/Regional
International Commercial Dispute Resolution 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: Moderator: Speakers: 4:00 p.m. – 5:30 p.m.
Public International/Rule of Law, Regulatory/Regional
International Human Rights 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: Moderator: Speakers: 4:00 p.m. – 5:30 p.m.
Young Lawyers, Corporate Counsel/Transactional
Information Services, Technology and Data Protection Committee U.S. multinational companies are continually faced with a new and increasingly burdensome challenge: compliance with U.S. and overseas privacy rules. In the U.S., the issues include employee monitoring, preservation of data, background checks, and health records (HIPAA, Fair Credit Reporting Act, Americans with Disabilities Act and Family and Medical Leave Act). Program Chairs: Moderators: Speakers:
Taxation, Corporate Counsel/Transactional
International Tax Committee Corporate expatriations occur frequently, some intentionally but others unknowingly. The U.S. and many other countries have recently enacted highly complex anti-inversion legislation that imposes a toll charge, or even permanently taints, the expatriating corporation. Many mergers and acquisitions, and even unincorporated joint ventures will unwittingly cause these tax rules to kick in. Several experts from different countries will briefly explain and compare how the anti-inversion rules work in their countries and provide examples showing how easy it is to accidentally trigger these rules. As corporate and tax practitioners we should be aware of these potential traps that could unknowingly cost our clients significant taxes. Program Chairs: Moderators: Speakers: 6:30 p.m. – 8:00 p.m.
1520 H Street, NW, Washington, DCf
Sponsored byThompson Hine LLP 8:00 p.m. – 11:00 p.m. |
