Jump to Navigation | Jump to Content
American Bar Association
header

banner spacer


Primary Website Sponsor
  • Cooperating Entities

Supplemental Materials

4/15/2009                  8:45 a.m. – 10:15 a.m.
Winning Strategies in International Executive Transfers: Employment, Taxation and Immigration Issues
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

4/15/2009                  8:45 a.m. – 10:15 a.m.
Modernizing U.S. Export Controls
International Trade/Customs

Export Controls and Economic Sanctions Committee
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

4/15/2009                  8:45 a.m. – 10:15 a.m.
2008 Financial Crisis:  What happened? Why?
SHOWCASE PROGRAM
This program will also be offered via teleconference.
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

4/15/2009                  10:30 a.m. – 12:00 p.m.
Nuts and Bolts of International Finance
Young Lawyers

Young Lawyers Interest Network (YIN)               

Our continuing series on key subjects in international law, “Nuts & Bolts of International Finance,” gives you the basics you need to understand the different types of international financial transactions and the implications of the credit crunch. Top practitioners give you an engaging substantive introduction—a great foundation for understanding some of the other programs and panels at the Spring Meeting!

Program Chair:
Jen Green, Linklaters LLP, London, United Kingdom

Moderator:
Jen Green, Linklaters LLP, London, United Kingdom

Speakers:
Meredith Coffey, Loan Syndication and Trading Association, New York, New York

Peter F. Fitzgerald, Chadbourne & Parke LLP, Washington, DC
Solange M. Martin, International Finance Corporation, Washington, DC

4/15/2009                  10:30 a.m. – 12:00 p.m.
International Tax Audits – The Latest Scoop
Taxation, Corporate Counsel/Transactional

International Tax Committee

This panel will focus on and compare the key international tax issues that arise in several countries when local tax authorities decide to audit an affiliate of a multinational company, with emphasis on whether or not the local tax authorities can gain access to the audit working papers of the group, particularly the detailed and extremely revealing, itemized analysis of the income tax provision for the group’s financial statements. The panel will also highlight case law in certain countries that may suggest ways (planning opportunities) to better protect these audit working papers from the prying eyes of the local tax authorities.  This program is not to be missed by tax and corporate lawyers representing multinational companies, since with the current economic crisis, governments tend to reassess foreign companies based on new tax grounds.

Program Chair:
William D. Rohrer, Carlton Fields PA, Miami, Florida

Moderators:
William D. Rohrer, Carlton Fields PA, Miami, Florida
Jean-Christophe Bouchard, Franklin, Paris, France

Speakers:
Joan Hortala,  Cuatrecasas, Gonçalves Pereira, Barcelona, Spain

Kevin Kenworthy, Miller & Chevalier, Washington, DC
Mariette Turkenburg, Loyens & Loeff N.V., Amsterdam, The Netherlands
Jean-Marc Valot, Franklin, Paris, France

4/15/2009                  12:15 p.m. – 1:45 p.m.
Ticketed Event
Luncheon with Former Congressman Michael Oxley, Vice Chairman, The Nasdaq OMX Group Inc. and Of Counsel, Baker & Hostetler LLP

Sponsored by Perini-Hegarty & Associates, P.C.

Michael Oxley, former Congressman and Chairman of the House Financial Services Committee, serves clients in the areas of corporate governance, investigations and government policy. In addition to his position with Baker & Hostetler LLP, Mr. Oxley is also Vice Chairman of The Nasdaq OMX Group, Inc.
After a 25-year career representing Ohio’s Fourth Congressional District, Mr. Oxley is best known for his co-authorship of the landmark Sarbanes-Oxley Act of 2002, which restored Americans’ confidence in the capital markets early in the decade and created a new accounting oversight board for publicly traded companies.

Former Congressman Oxley will speak about the globalization of the Sarbanes-Oxley Act. The law was enacted in response to a number of major corporate and accounting scandals including Enron, Tyco International, Adelphia and WorldCom. These scandals, which cost investors billions of dollars when the share prices of the affected companies collapsed, shook public confidence in the nation's markets. Today the Act is going international as other countries adopt laws based on the Act.

4/15/2009                  2:00 p.m. – 3:30 p.m.
Russia and Georgia: The Use of Force and International Law

Program Chairs:
John H. Harrington, Law Offices of John Harrington, New York, New York
Jonathan M. Meyer, New York, New York

Moderator:
John H. Harrington, Law Offices of John H. Harrington, New York, New York

Speakers:
Laura Damrosch (Invited), Columbia Law School, New York, New York
Ivan Kiselev, Russian Embassy, Washington, DC
Sean Murphy, The George Washington University Law Center, Washington, DC

Paul Reichler, Foley Hoag LLP, Washington, DC
Svetlana Shatalova, Russian Embassy, Washington, DC

Ruth Wedgwood, Johns Hopkins University, Washington, DC

4/15/2009                  2:00 p.m. – 3:30 p.m.
Of Pensieves and Privacy: The Clash of Fundamental Rights in the Post 9-11 World
SHOWCASE PROGRAM

Dispute Resolution/Litigation

International Litigation Committee

The camera is to the 20th Century what the printing press was to the 15th Century, with the visual image replacing the written word as the paramount communicative device.  People aim cell phones and BlackBerry cameras at everything; crimes are videotaped.  Some have suggested that there is no longer any such thing as privacy.  It is also an age of increased security and uneasiness.   In one of the great paradoxes of our time, expanded rights of privacy and data protection compete with disclosure requirements in the name of security.

To explore these issues in the international context, where different systems have different approaches, this program borrows liberally from the Harry Potter canon and will develop the issues in the context of a fictitious oral argument on appeal in the U.S. in which the photojournalist and artist Rita Skeeter does battle with attorneys for Hogwarts, Harry Potter and Professor McGonagall, as issues of privacy, artists’ rights, freedom of speech and security concerns are raised.

Program Chair:
Steven Richman, Duane Morris LLP, Princeton, New Jersey

Moderators:
Steven Richman, Duane Morris LLP, Princeton, New Jersey
Susan Kohn Ross, Mitchell Silberberg & Knupp LLP, Los Angeles, California

Speakers:
Justice Carolyn Berger, Delaware Supreme Court, Wilmington, Delaware
Robert Brodegaard, Thompson & Knight LLP, New York, New York
Jessica Darraby, Darraby Law, Los Angeles, California
Glenn P. Hendrix, Arnall Golden Gregory LLP, Atlanta, Georgia
Elena Norman, Young Conaway Stargatt & Taylor LLP, Wilmington, Delaware

4/15/2009                  2:00 p.m. – 3:30 p.m.
Trading With China: Updating the Trade Remedies Tool-Kit
International Trade/Customs, Regulatory/Regional

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

4/15/2009                  4:00 p.m. – 5:30 p.m.
Antitrust in Transition Around the World - What it Means for International Business:  Part 2 (The East)
SHOWCASE PROGRAM

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

4/15/2009                  4:00 p.m. – 5:30 p.m.
Structure, Set Up and Roll Out of Multinational Carried Interest and Management Investment Schemes
Taxation, Corporate Counsel/Transactional

International Tax Committee
International Employment Law Committee

This panel will deal with the structuring of multinational carried interest schemes (in the form of stock options, stock, incentive awards, phantom stock and other carried interest instruments) in the Funds and Financial Industry under the current market conditions (bear market). Issues will include: (i) new legislation trends on excessive compensation; (ii) tax and social security treatment of carried interest awards; (iii) enforceability of typical clauses (grant, vesting, truncation, forfeiture, claw back); (iv) length of vesting/exercise periods, truncation and forfeiture provisions vs. termination protection; (v) shifting of financial burden (taxes, social security) to employees; and (vi)  treatment of carried interest awards under IFRS / US GAAP / other standards

The issues will be discussed by U.S. and international employment and tax lawyers and an industry representative along the lines of a case study.

Program Chair:
Ewout van Asbeck, Van Doorne N.V., Amsterdam, The Netherlands

Moderators:
Ueli Sommer, Walder Wyss & Partners Ltd., Zurich, Switzerland

Ewout van Asbeck, Van Doorne N.V., Amsterdam, The Netherlands

Speakers:
Katell Deniel-Allioux, Salans LLP, Paris, France
Richard Palmer, Ashurst, London, United Kingdom
J. Mark Poerio, Paul, Hastings, Janofsky & Walker LLP, Washington, DC
Carol Tello, Sutherland, Washington, DC

4/16/2009                  8:45 a.m. – 10:15 a.m.
Due Diligence in Cross-Border Acquisition Deals: How to Coordinate Diverse Approaches and Achieve a Successful Result
Young Lawyers, Corporate Counsel/Transactional

Latin American and Caribbean Committee
International M&A and Joint Venture 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:
Paul Luiki, Fellner Wratzfeld & Partner, Vienna, Austria
Florian Jörg, Bratschi Wiederkehr & Buob, Zurich, Switzerland

Moderator:
Horacio E. Beccar Varela, Estudio Beccar Varela, Buenos Aires, Argentina

Speakers:
André de Almeida, Almeida Advogados, São Paulo, Brazil

Pablo Ferraro-Mila, Gonzalez & Ferraro Mila, Buenos Aires, Argentina
Susanna K. Fuchsbrunner, King & Spalding LLP, Frankfurt, Germany
Federico Goudie, Hughes Hubbard & Reed LLP, Miami, Florida
Daniel Marín Moreno, Gómez-Acebo & Pombo, Barcelona, Spain

4/16/2009                  8:45 a.m. – 10:15 a.m.
Migrating to Source-Based Taxation:  A New Life for Territorial Taxation?  Pros and Cons of Switching to the Source Taxation Method
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:
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

4/16/2009                  10:30 a.m. – 12:00 p.m.
Is there a Future for Business in Russia?
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:
Ekaterina V. Gill, Hyundai Motor Manufacturing, Montgomery, Alabama

Moderator:
Bruce W. Bean, Michigan State University College of Law, East Lansing, Michigan

Speakers:
Bruce W. Bean, Michigan State University College of Law, East Lansing, Michigan
Sarah C. Carey, Squire, Sanders & Dempsey LLP, Washington, DC
Thomas A. Firestone, U.S. Embassy-Moscow, Moscow, Russia
Vladimir Gladyshev, Gladyshev and Partners, Russia

4/16/2009                  10:30 a.m. – 12:00 p.m.
The 2008 Amendments to the Foreign Sovereign Immunities Act:  Has Congress Gone Too Far or Not Far Enough?
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:
Laina Lopez, Berliner, Corcoran & Rowe LLP, Washington, DC

Moderator:
Sean Murphy, The George Washington University Law Center, Washington, DC

Speakers:
Peter Buscemi, Morgan Lewis & Bockius, Washington, DC
Lisa Grosh, U.S. Department of State, Washington, DC
Laina Lopez, Berliner, Corcoran & Rowe LLP, Washington, DC
Stuart Newberger, Crowell & Moring LLP, Washington, DC

4/16/2009                  10:30 a.m. – 12:00 p.m.
Around the World in Eighty Indictments:  Anti-Bribery Enforcement at Home and Abroad
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:
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

4/16/2009                  10:30 a.m. – 12:00 p.m.
Navigating the IRS – A Primer for International Taxpayers
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:
Frans Duynstee, Van Mens & Wisselink N.V., Amsterdam, The Netherlands
Rosty Shiller, Internal Revenue Service, Washington, DC

Moderators:
Frans Duynstee, Van Mens & Wisselink N.V., Amsterdam, The Netherlands
Rosty Shiller, Internal Revenue Service, Washington, DC

Speakers:
Christian Amand, Loyens & Loeff, Brussels, Belgium
Stéphane Austry, CMS Bureau Francis Lefebvre, Paris, France
Philip Baker QC, Gray's Inn Tax Chambers, London, United Kingdom
Nina E. Olson, National Taxpayer Advocate, Washington, DC
Carlos Zepeda, LMSB International, Globalization Strategy & Policy, Internal Revenue Service, Walnut Creek, California

4/16/2009                  2:00 p.m. – 3:30 p.m.
Upholding the Rule of Law for the World’s Poor: Who is Responsible?
Public International Law/Rule of Law

Asia/Pacific Committee
International Human Rights Committee
Rule of Law-Technical Legal Assistance Board
ABA Center for Human Rights
ABA-UNDP International Legal Resource Center
The Law Society of England & Wales

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:
Christina Biebesheimer, Justice Reform Pratice Group, The World Bank, Washington DC
Don S. DeAmicis, Ropes & Gray LLP, Boston, Massachussetts
Mohammad A. Syed, King & Ballow, Nashville, Tennessee

Moderator:
Don S. DeAmicis, Ropes & Gray LLP, Boston, Massachussetts

Speakers:
Christopher L. Avery, Business & Human Rights Resource Centre, London, United Kingdom
Maria Virginia Bras Gomes, UN Committee on Economic, Social and Cultural Rights, Lisbon, Portugal
Ahsan Zahir Rizvi, Rizvi, Isa, Afridi & Angell, Karachi, Pakistan

Caroline Sage, The World Bank, Washington, DC

4/16/2009                  2:00 p.m. – 3:30 p.m.
Transfer of Family Business in the International Area and Pre Planning and Post Planning Strategies (Use of Foundations, Trusts, Anstalts, Stiftungs)
Taxation, Corporate Counsel/Transactional

International Tax Law Committee
International Private Client Committee
IInternational Family 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:
Sonia Velasco,  Cuatrecasas, Gonçalves Pereira, New York, New York
Cristiano Carvalho, Carvalho, Machado, Timm & Deffenti, Brazil

Moderators:
Sonia Velasco,  Cuatrecasas, Gonçalves Pereira, New York, New York
Cristiano Carvalho, Carvalho, Machado, Timm & Deffenti, Brazil

Speakers:
Michael G. Pfeifer, Caplin & Drysdale, Washington, DC
Christopher Potter, Jones Day, Paris, France
Peter Reinarz, Bär & Karrer AG, Zurich, Switzerland

Luis Eduardo Schoeuri, Lacaz Martins Advogados, São Paulo, Brazil

4/16/2009                  2:00 p.m. – 3:30 p.m.
Saving the Planet – From Kyoto to Copenhagen and Beyond:  Part 2 (Public Perspective
Environmental Law/Climate Change, Public International Law/Rule of Law

Europe Committee
International Energy and Natural Resources 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:
Christian Lundgren, Kromann Reumert, Copenhagan, Denmark
Rick Silberstein, Gómez-Acebo & Pombo, Barcelona, Spain

Moderator:
Christian Lundgren, Kromann Reumert, Copenhagan, Denmark

Speakers:
William Anderson, Williams Mullen, Washington, DC
William E. Flederbach, Jr., MGM International Group, LLC, Miami, Florida
Bernd Janzen, Akin Gump Strauss Hauer & Feld LLP, Washington, DC

Gabriela Merla, Goodrich, Riquelme y Asociados, Mexico City, Mexico
Sergio Sánchez-Martínez, Clean Air Institute, Washington, DC

4/16/2009                  4:00 p.m. – 5:30 p.m.
What’s Going on at the Court of International Trade?
SHOWCASE PROGRAM

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

4/16/2009                  4:00 p.m. – 5:30 p.m.
U.S. – Mexico Commercial Arbitration and ADR
Regulatory/Regional

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

4/16/2009                  4:00 p.m. – 5:30 p.m.
Corporate Expatriations Can Be Very Costly!!!  Latest Tax Planning Techniques in the International Arena
Taxation, Corporate Counsel/Transactional

International Tax Committee
International M&A and Joint Venture 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.
This program is not to be missed by tax and corporate lawyers representing all sizes of corporations, whether publicly traded or privately held.

Program Chairs:
William D. Rohrer, Carlton Fields PA, Miami, Florida
Lennaert Posch, Stibbe P.C., New York, New York

Moderators:
William D. Rohrer, Carlton Fields PA, Miami, Florida
Lennaert Posch, Stibbe P.C., New York, New York

Speakers:
Rebecca Armour, Hogan & Hartson LLP, London, United Kingdom

Carl Dubert, PricewaterhouseCoopers, Washington, DC

Ricardo Leon Santacruz, Sanchez DeVanny Eseverri, S.C., Morterrey, Mexico

Klaus Sieker, Flick Gocke Schaumburg GmbH, Bonn, Germany

Friday, April 17

4/17/2009                  10:30 a.m. – 12:00 p.m.
Is Your Intellectual Property at Risk from the Government?
Corporate Counsel/Transactional, Regulatory/Regional

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

4/17/2009                  10:30 a.m. – 12:00 p.m.
Handling Import Violations in a New Enforcement Era
International Trade/Customs

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

4/17/2009                  2:00 p.m. – 3:30 p.m.
Oil and Gas in Africa: Strategic Importance and Legal Challenges
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:
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

4/17/2009                  4:00 p.m. – 5:30 p.m.
Is The Debate Over Internet Gambling Headed Toward Resolution?  Don’t Bet on It.  Don’t Bank on It Either
SHOWCASE PROGRAM

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

4/17/2009                  4:00 p.m. – 5:30 p.m.
Multiple Bar Admissions:  How to Get Admitted Outside of the USA
Young Lawyers

Young Lawyers Interest Network (YIN)
Africa Committee
Transnational Legal Practice Committee
Mexico Committee
Law Student, LL.M., and New Lawyer Outreach Committee

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:
Nancy Matos, Baker & McKenzie LLP, Amsterdam, The Netherlands
Russell W. Dombrow, Huron Consulting Group, Ft. Lauderdale, Florida
Kerry Mclean, Human Rights, Law & Development, New York, New York

Moderator:
Hedwin Salmen-Navarro, Salmen Navarro & Associates, New York, New York

Speakers:
Barton Legum, Salans LLP, Paris, France
Steven Plehn, Plehn Abogados, Madrid, Spain
Jacob Saah, Saah & Company, Accra, Ghana
Salli Swartz, Phillips Giraud Naud & Swartz, Paris, France
Edna Udobong, University of Lagos Faculty of Law, Lagos, Nigeria

 

Back to Top