Program Agenda

Click here for a PDF of the 2010 Spring Meeting Agenda.

Full Online Agenda
Show by day: Tuesday, Apr. 13 Wednesday, Apr. 14 Thursday, Apr. 15 Friday, Apr. 16 Saturday, Apr. 17	Show by Track: Business/Transactional Corporate Counsel Dispute Resolution/Litigation International Trade/Customs Law Practice Public International Law/Rule of Law Regulatory Young Lawyers Mini-Tracks: All Mini-Tracks Antitrust Law Employment Law/Human Resources "How To" Series Real Estate

Tuesday, April 13

7:30 a.m. – 8:30 a.m.
Registration

8:30 a.m. – 9:00 p.m.
International Law Boot Camp (ILBC) featuring the “Fundamentals of International Practice”
Co-Presented by: New York State Bar Association International Section
Young Lawyers; Business/Transactional; Corporate Counsel; Dispute Resolution/Litigation; International Trade/Customs; Law Practice; Public International Law/Rule of Law; Regulatory

The Spring Meeting commences with a special series of programs, the International Law Boot Camp (ILBC) featuring the “Fundamentals of International Practice”. Attendance is limited to those who register for the ILBC. In addition to the programs denominated ILBC programs below, the ILBC also includes Pathways to Employment in International Law, Speed Networking and the WIN/SIN/GIN/YIN/Outreach Reception (described below).

The ILBC is a full day continuing legal education program which seeks to provide attendees with an introductory look at international aspects of several substantive areas of law and expand their knowledge of the key legal issues that arise in the context of international practice. Register for the International Law Boot Camp featuring the Fundamentals of International Practice as a stand-alone program or in combination with the entire ABA International Spring Meeting (excluding ticketed events).

Sponsoring Committees:
Law Student, LL.M., and New Lawyer Outreach Committee, Young Lawyers’ Interest Network (YIN)

Co-Sponsor:
ABA Young Lawyers Division

Moderators and Program Chairs:
Russell W. Dombrow, Syracuse, NY
Christopher J. Kula, Phillips Nizer LLP,
New York, NY
Shannon P. McNulty, New York University School of Law, New York, NY

8:45 a.m. – 10:00 a.m.
ILBC: The Framework of International Legal Practice

Have you wondered what the difference is between private international law and public international law? What role do treaties play in international practice? Is it possible to navigate the differences between the common law, civil law, and other legal systems? What international regulatory regimes must be taken into account in an increasingly globalized world, and what role do multilateral institutions such as the European Union, play in regulating international transactions and disputes? Our panelists will begin the Fundamentals program with a discussion of some of the most basic, but also some of the most essential considerations for an attorney whose practice in some way touches on international law. They will also discuss the role that international regulation plays in international practice, specifically the role that multinational organizations and regulations play in such areas as trade and the environment.

Speakers:
Michael W. Galligan, Phillips Nizer LLP, New York, NY
Robert J. Leo, Meeks Shepard Leo & Pillsbury, New York, NY
Mark F. Rosenberg, Sullivan & Cromwell LLP, New York, NY

10:00 a.m. – 10:15 a.m.
Networking Break

10:15 a.m. – 11:30 a.m.
ILBC: Drafting an International Contract

Failing to address, or inadequately addressing, certain key aspects of international contracts can have a devastating effect for your client, particularly if a dispute subsequently arises. For example, if standard provisions, such as jurisdiction, choice of law, and arbitration clauses, are absent or not well drafted, your client may incur additional legal expenses in resolving those issues or suffer an adverse legal ruling in a dispute between the parties arising out of the contract. Our panelists will discuss the most important aspects of drafting an international contract in the context of cross border mergers and acquisitions, financing agreements and, to a lesser extent, commercial agreements. The panel will also discuss protecting intellectual property rights in contracts through the use of the Berne and Madrid Conventions.

Speakers:
Nancy A. Matos, Baker & McKenzie LLP, Amsterdam, The Netherlands
Susan F. Pollack, Curtis Mallet-Prevost Colt & Mosle LLP, New York, NY
L. Donald Prutzman, Tannenbaum Helpren Syracuse Hirschtritt LLP, New York, NY

11:30 a.m. – 12:20 p.m.
ILBC: Cross-Border Litigation and Dispute Resolution

You applied everything you learned from our experts in Drafting an International Contract, but in spite of all your best efforts to draft a flawless international contract, your client becomes embroiled in a dispute with another party over that contract’s terms and performance. How do you resolve your client’s dispute? Our panelists will talk about how to serve process under the Hague Convention on Service of Process Abroad and how to take evidence using the Hague Convention on Taking Evidence Abroad. They will also discuss enforcement of awards under the New York Convention on Enforcing Arbitral Awards and judgments under the European Conventions on Jurisdiction and the Enforcement of Judgments.

Speakers:
Birgit Kurtz, Crowell & Moring LLP,
New York, NY
Thomas N. Pieper, Chadbourne & Parke LLP, New York, NY

12:20 p.m. – 1:20 p.m.
Lunch

1:00 p.m. – 8:00 p.m.
2010 Spring Meeting Registration Opens

1:20 p.m. – 2:10 p.m.
ILBC: Basics of International Taxation

Even if you’re not a tax specialist, you still need to know how taxes might affect your clients, especially if they engage in international transactions. The experts from last year’s tremendously popular program return to address cross-border tax issues for individuals and business entities. Among the specific topics covered will be the application of residence tests, how to help your clients avoid double taxation, and equalization treaties. Our panelists will also discuss anti-avoidance regimes and transfer pricing.

Speakers:
Jeffrey M. Trinklein, Gibson Dunn & Crutcher LLP, New York, NY
Edward A. Vergara, Withers Bergman LLP, New Haven, CT

2:00 p.m. – 3:30 p.m.
The Convention on the Elimination of All Forms of Discrimination Against Women Turns 30: Much Accomplished and More to Come
Public International Law/Rule of Law

This program will observe the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2009. With 186 States as Parties, CEDAW is considered the international bill of rights for women. The U.S. signed long ago, but is one of a handful of states—along with Sudan, Iran, Somalia—that has yet to ratify. The Obama Administration has made ratification a priority. This program will highlight accomplishments and best practices under CEDAW and set out the case for and against U.S. ratification. The panel will include speakers in the area of women’s human rights particularly relating to the CEDAW treaty including representatives of the United Nations system, the NGO sector and academia.

Sponsoring Committees:
Women’s Interest Network (WIN), Young Lawyers Interest Network (YIN), Law Student, LL.M., and New Lawyer Outreach Committee, Task Force on International Models Project on Women’s Rights

Program Chair:
Jennifer Wills, Women’s Interest Network (WIN), Washington, DC

Moderator and Program Chair:
Denise Scotto, New York, NY

Speakers:
Lee Waldorf, United Nations Development Fund for Women, New York, NY
Andrei Abramov, DESA/NGO Branch, United Nations and former Special Assistant to the UN Secretary General’s Special Advisor on Gender Issues & Advancement of Women, New York, NY
Janet Benshoof, New York, NY
Ruth Halperin-Kaddari, The Ruth & Emanuel Rackman Center for the Advancement of the Status of Women at Bar-Ilan University, Israel

2:00 p.m. – 3:30 p.m.
Work-Life Balance and the Economic Crisis: Is Work-Life Balance Dead?
Young Lawyers; Law Practice; Corporate Counsel; Business/Transactional

As a result of the current economic crisis many of today’s lawyers are interested in working more hours to preserve their jobs and are no longer thinking about work-life balance. Wave after wave of layoffs and salary freezes in the legal industry would seem to support this conclusion, but does it? Our panel looks at the effects of the current economic downturn and discusses issues faced by today’s lawyers. Do you need to abandon all efforts to achieve work-life balance to save your job? How can law firms respond to decreased demand for their services without resorting to layoffs?

Sponsoring Committee:
Lawyers Lifestyles Taskforce, Young Lawyers Interest Network (YIN), Law Student, LL.M., and New Lawyer Outreach Committee, Women’s Interest Network (WIN)

Program Chair:
Matt Potempa, Law Office of Matt Potempa, PLLC, Nashville, TN

Moderator and Program Chair:
Nancy A. Matos, Baker & McKenzie LLP, Amsterdam, Netherlands

Speakers:
Jennifer Hilsabeck, Lewis and Roca LLP, Las Vegas, NV
Malcolm S. McNeil, Fox Rothschild LLP, Los Angeles, CA
Yevgenia Muchnick, Squire Sanders & Dempsey, Washington, DC
Nicole N. Santucci, Fox Rothschild LLP,
New York, NY

2:10 p.m. – 3:25 p.m.
ILBC: Spotting Issues When People Move Across Borders

With people moving their residences or assets across borders more frequently and rapidly than ever, the individual client has become an increasingly important component of international practice. Our panelists will cover immigration, family law, estate planning, employment and property issues individuals face when they move from one country to another. Specifically, the speakers will address immigration and bilateral investment treaties, the Hague Conventions on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention), estate planning for non-U.S. persons with U.S. income and assets, international employment law matters, and the Uniform Act on the Recognition of Community Property.

Speakers:
Allen E. Kaye, Law Offices of Allen E. Kaye P.C., New York, NY
Dina Kapur Sanna, Day Pitney LLP,
New York, NY
Aaron J. Schindel, Proskauer Rose LLP,
New York, NY
Rita Wasserstein Warner, Warner Partners, P.C., New York, NY

3:25 p.m. – 3:40 p.m.
Networking Break

3:30 p.m. – 5:00 p.m.
Global and Cross-Border Pro Bono Service: Opportunities and Models for Feasible Participation (Non-CLE)
Public International Law/Rule of Law; Law Practice

This program will explore meaningful ways to integrate cross-border and global pro bono service into an active practice. Panelists will discuss a diverse range of projects, such as rule of law reform, humanitarian issues and the protection of women’s rights. Logistical and procedural aspects of international pro bono participation will be explored, including time commitments, travel, language capabilities and risks relating to travel to sensitive areas. The panel will discuss how and why approaches to legal volunteerism diverge in different parts of the world.

Sponsoring Committees:
International Human Rights Committee, UN and International Institutions Coordinating Committee, NGO and Not-for-Profit Organizations Committee, Corporate Social Responsibility Committee, Africa Committee, Asia/Pacific Committee, Latin America and Caribbean Law Committee, Law Student & Young Lawyer Outreach Committee, Law Student, LL.M., and New Lawyer Outreach Committee, Women’s Interest Network (WIN), Seasoned Lawyers Interest Network (SIN), Sexual Orientation and Gender Identity Issues Network Diversity Committee (GIN), Young Lawyers Interest Network (YIN)

Co-Sponsor:
World Justice Project

Program Chair:
Michael H. Byowitz, Wachtell, Lipton, Rosen & Katz, New York, NY

Moderator and Program Chair:
Madeleine Schachter, Baker & McKenzie LLP, New York, NY

Speakers:
Jean Berman, International Senior Lawyers Project, New York, NY
Nancy Boswell, Transparency International USA, Washington, DC
Timothy L. Dickinson, ABA/UNDP International Legal Resource Center, Washington, DC
Hongxia Liu, World Justice Project, Washington, DC
Edwin Rekosh, Public Interest Law Institute, New York, NY
Christina Storm, Lawyers Without Borders, Inc, Hartford, CT

3:30 p.m. – 5:00 p.m.
The Global War for Talent: Who’s Winning?
Law Practice; Public International Law/Rule of Law

This program will examine diversity across the legal profession and include speakers from private practice, in-house counsel, the judiciary, government, and the non-profit/multilateral sectors. Despite the concerted efforts of the ABA, minority bar associations, academia, and others, the statistics regarding diversity remain alarming. The legal profession lags far behind others in diversifying its ranks. Our panelists will tackle the significant challenges and opportunities associated with recruiting, retaining, and promoting world class diverse talent.

Sponsoring Committees:
Diversity Committee, Law Student, LL.M., and New Lawyer Outreach Committee, Women’s Interest Network (WIN), Young Lawyers Interest Network (YIN)

Program Chair:
Ingrid Busson, Calyon Corporate and Investment Bank, New York, NY

Moderator:
Monica Parham, Crowell & Moring LLP, Washington, DC

Speakers:
Honorable Delissa A. Ridgway, U.S. Court of International Trade, New York, NY
James Spinner, Inter-American Development Bank, Washington, DC
Nichole S. Williams-Miller, Strayer University, Piscataway, NJ
M. Suzette Recinos, Pitney Bowes, Inc., Stamford, CT

3:40 p.m. – 4:55 p.m.
ILBC: The Ethics of International Practice

This session will feature a discussion of how ethics applies to international practice. Although many rules that apply in the U.S. may still apply across borders, there are some key differences that are important to consider when working with a client in international practice. For example, how do you assist your client to avoid foreign corrupt practices? What human rights considerations apply in international practice? How do you protect the attorney-client privilege across borders? What sort of due diligence has to be done to show you “know your client?”

Speakers:
Carole L. Basri, Corporate Lawyering Group, LLC and Corporate Lawyering Association, New York, NY
Robert S. Fink, Kostelanetz & Fink LLP, New York, NY
David Lewis, Proskauer Rose, New York, NY

4:00 p.m. – 5:30 p.m.
Joint Swearing-In Ceremony:
U.S. Court of International Trade & U.S. Court of Appeals for the Federal Circuit
U.S. Court of International Trade,
One Federal Plaza, New York
Law Practice; Young Lawyers

Meeting attendees have the opportunity to be admitted to practice before the Court of International Trade and U.S. Court of Appeals for the Federal Circuit. Only Spring Meeting registrants may be sworn in at this ceremony. Fees for admission are payable to the courts by interested registrants. Attendance is open to registrants’ guests. If you are interested in being admitted to practice before the CIT and the U.S. Court of Appeals for the Federal Circuit, please check the correct box on the Spring Meeting registration form. On-site registration for this ceremony is not available.

Sponsoring Committees:
Young Lawyers Interest Network (YIN), Law Student, LL.M., and New Lawyer Outreach Committee

Program Chair:
Jennifer Haworth McCandless, Sidley Austin LLP, Washington, DC

5:00 p.m. – 6:30 p.m.
Pathways to Employment in International Law (Non-CLE)
Young Lawyers

“How-to” for law students looking to launch their career in international law, young lawyers seeking to transition their skills into the global arena, or experienced practitioners who wish to expand their practices into international law. Top practitioners speak frankly about their formative experiences and tips they have about getting one’s foot in the door-from transferable job skills and law school courses to take (or miss!), to interview tips and where to spend those critical summer breaks.
This program is open to all Spring Meeting registrants and all ILBC participants.

Sponsoring Committees:
Young Lawyers Interest Network (YIN), Law Student, LL.M., and New Lawyer Outreach Committee

Program Chair:
Celmira Jamett, Miami, FL

Moderator and Program Chair:
Russell W. Dombrow, Syracuse, NY

Speakers:
Madeleine Giansanti Cag, Gregory P. Joseph Law Offices LLC, New York, NY
Richard Charlton, Federal Reserve Bank of New York, New York, NY
Daniel McLaughlin, New York, NY

5:00 p.m. – 6:30 p.m.
Social Networking for Lawyers:
How Lawyers Can Use it to Enhance Their Marketing Success
Law Practice; Young Lawyers; Business/Transactional

This program will teach specific strategies for using and maximizing the success of LinkedIn, Facebook, Twitter, blogging and other social networking options, all as a complement to traditional networking and business development.

Sponsoring Committee:
International Law Practice Management Forum

Moderator and Program Chair:
Janet Moore, Global Rainmaking Strategist, Houston, TX

Speakers:
Dan Harris, Harris Moure, Seattle, WA
Silvia Hodges, Emerson College, Boston, MA
Frank Sommerfield, Sommerfield Communications, New York, NY

6:30 p.m. – 7:30 p.m.
Speed Networking (Non-CLE)
Law practice; Business/Transactional; Corporate Counsel; Dispute Resolution/Litigation; International Trade/Customs; Public International Law/Rule of Law; Regulatory; Young Lawyers

Back by popular demand! We had so much fun, we are doing it again. Start the Spring Meeting by meeting ABA and Section Leadership and other international lawyers. Bring your business cards! Participants will have the opportunity to engage in a number of speed networking rounds to learn about each other or create business opportunities. With this program, there is no need to break the ice - it’s already done for you. Just take a seat and start talking!
This program is open to all Spring Meeting registrants and all ILBC participants.

Program Chairs and Moderators:
Cyndee Todgham Cherniak, Lang Michener, Toronto, Ontario, Canada
Janet Moore, Global Rainmaking Strategist, Houston, TX

7:30 p.m. – 9:00 p.m.
Ticketed Event
WIN/SIN/GIN/YIN/Outreach Reception at the Grand Hyatt New York
With thanks to our sponsor the New York State Bar Association International Section

Sponsoring Committees:
Women’s Interest Network (WIN), Seasoned Lawyers Interest Network (SIN), Sexual Orientation and Gender Identity Issues Network (GIN), Young Lawyers Interest Network (YIN), Law Student, LL.M., and New Lawyer Outreach Committee

Wednesday, April 14

7:00 a.m. – 6:30 p.m.
Registration

7:45 a.m. – 8:15 a.m.
Division Chairs Breakfast

Section Vice Chair Michael Burke will host this meeting of Division Chairs to discuss issues of mutual concern, such as how to foster cooperation amongst committees across divisions.

8:15 a.m. – 9:00 a.m.
Meet Your Division Chairs
Breakfast

Most of the substantive work of the Section is conducted at the committee level. This breakfast provides an excellent social atmosphere for leaders of each committee to meet their Division Chair. Everyone should walk away having built a stronger relationship amongst the committee leadership.

9:00 a.m. – 6:00 p.m.
Committee Business Meetings

Committee Business Meetings allow Committee leaders and members the opportunity to have 50 minutes of uninterrupted time to conduct official committee business and strategic planning. The scheduling of these meetings must be requested and arranged in advance with Tally White, Committees Coordinator. Times will be assigned based upon room availability. These meetings can be in addition to or in lieu of the Committee Breakfast Meetings scheduled for Thursday and Friday.

9:00 a.m. – 10:30 a.m.
Legal Process Outsourcing – A Reality Check: [How] Has It Affected Your Practice?
Law Practice; Business/Transactional

Legal Process Outsourcing (LPO) has been employed in various forms for many years, but the outsourcing of legal work outside the United States has created controversy. It is no longer a question of “if?” or “when?” but “how much?” and “what all?” Corporate bottom line pressures and the current economic downturn will only fuel the growth of LPO. What then are the trends in this critical industry that directly affects most of us? Has, and if so to what extent, LPO affected your law practice? What do lawyers who represent this industry think or advise their clients? What is the lawyer’s responsibility in balancing ethical issues such as attorney client and work product privilege between the outsourced jurisdiction and their own jurisdiction? A distinguished panel of industry experts will share their experience in engaging or providing LPO services and provide their assessment of how LPO has changed the way corporations are doing business (and their expectations) as well as how law firms and lawyers are (or ought to be) responding to this challenge.

Sponsoring Committees:
Asia/Pacific Committee, India Committee

Program Chair:
Mohammad A. Syed, King & Ballow, Nashville, TN

Moderator and Program Chair:
Snehal Patil, Perkins Coie LLP, Menlo Park, CA

Speakers:
Jonathan Goldstein, Pangea3, New York, NY
Mark W. Heaphy, Wiggin and Dana, New Haven, CT
Madhu Khatri, WIPRO Technologies Limited, Bangalore, India (Invited)

9:00 a.m. – 10:30 a.m.
Open Secrets: The Receptivity of
U.S. Courts, Prosecutors and Regulators to Claims of Privacy and Secrecy Under Non-U.S. Law
Dispute Resolution/Litigation; Regulatory

The program provides a platform for timely interactive discussion of a major issue confronting U.S. courts, prosecutors and regulators in litigations and regulator investigations involving companies and individuals located outside the U.S.: Whether and to what extent the U.S. courts, prosecutors and regulators will give effect to and respect claims of privacy and secrecy founded on the laws of jurisdictions outside the U.S. The laws include, among others, “blocking” statutes, bank secrecy and data protection/privacy legislation. The program will consist of a panel discussion by a U.S. federal court judge, a former U.S. Attorney, and U.S. and non-U.S. practitioners (with audience participation) of one or more hypothetical scenarios designed to stimulate discussion of the current situation and proposed means to address the relevant issues.

Sponsoring Committee:
International Litigation Committee

Moderator and Program Chair:
Theodore Edelman, Sullivan & Cromwell LLP, New York, NY

Speakers:
Alexander Blumrosen, Bernard-Hertz-Béjot, Paris, France
Suzanne M. Grosso, Debevoise & Plimpton LLP, New York, NY
David N. Kelley, Cahill Gordon & Reindell LLP, New York, NY
The Honorable Cathy Seibel, U.S. District Court, S.D.N.Y., New York, NY
Blaise Stucki, Schellenberg Wittmer, Geneva, Switzerland

9:00 a.m. – 10:30 a.m.
Strategizing Human Rights and the Environment Claims After Wiwa and Other Recent Cases
Public International Law/Rule of Law; Regulatory; Young Lawyers

In the past year, claims of environmental exploitation-related human rights violations have resulted in a major multinational paying US $15,500,000 to plaintiffs allegedly injured by challenged practices in Nigeria, litigation is pending in Argentina, Brazil, Ecuador and the United States, and violence has erupted in Peru. The relationship between human rights and environmental policies or disputes now finds expression in national constitutions and deliberations of international bodies. Recent U.S. litigation under the Alien Tort Claims Act has led to important precedents concerning allegations of conspiring or complicity with authoritarian regimes that violated human rights as part of national resource policies. This program will explore opportunities and pitfalls that client assignments in these areas can cause through a simulated conference of lawyers active in such proceedings considering how and before which to bring such claims.

Sponsoring Committees:
Corporate Responsibility Committee, International Human Rights Committee, International Litigation Committee, Law Student, LL.M., and New Lawyer Outreach Committee, NGO and Not-for-Profit Organizations Committee, Young Lawyers Interest Network (YIN)

Moderator and Program Chair:
Joseph W. Dellapenna, Villanova University School of Law, Villanova, PA

Speakers:
Judith Brown Chomsky, Center for Constitutional Rights, New York, NY
Kristen Genovese, Center for International Environmental Law, Washington, DC
Richard L. Herz, EarthRights International, Washington, DC (Invited)
Guillermo Malm-Green, Brons & Salas, Buenos Aires, Argentina

9:00 a.m. – 10:30 a.m.
The International Court of Justice and the Politics of the Balkans
Public International Law/Rule of Law; Dispute Resolution/Litigation

Ten years after the gruesome wars that ravaged the Balkans in the aftermath of the breakup of the former Yugoslavia, the states of the region are at a crossroads: Will some of them succumb to nationalist pressure and fragment, or will they move towards a European future? For the latter to happen, the states in the region need to reforge their relations, while coming to grips with past injuries inflicted on one another. Increasingly, these states have turned to the International Court of Justice to settle their disputes, as in cases involving the unilateral declaration of independence by Kosovo and dispute between the former Yugoslav Republic of Macedonia v. Greece over NATO membership of the FYROM. But what are the potential implications of these and other cases regionally and domestically, and what is the effect of these cases on the perception and functioning of the ICJ?

Sponsoring Committee:
International Courts Committee, National Security Committee 

Program Chairs:
Carl Magnus Nesser, Permanent Delegation of Sweden to the OSCE, Vienna, Austria
Lee M. Caplan, U.S. Department of State, Washington DC

Moderator:
Hans Corell, Former Legal Counsel of the United Nations, Stockholm, Sweden

Speakers:
Lori F. Damrosch, Columbia Law School, New York, NY
Feodor Starcevic, the Permanent Representative of Serbia to the UN, New York, NY
Paul S. Reicher, Foley Hoag, Washington D.C.
Timothy W. Waters, Indiana University Maurer School of Law, Bloomington, IN 

9:00 a.m. – 10:30 a.m.
You Say Potatoe and I Say Potato: Negotiation of Deals Across the Common Law/Civil Law Divide
Business/Transactional; Corporate Counsel

This panel will feature a short negotiation of a consortium agreement between lawyers and clients from South America, North America, Asia and Europe. Some of the terms at issue will include limitation of liability, declarations and warranties, choice of law and dispute resolution, type of damages and damage waivers and other common contractual issues. The panel will then comment on the negotiations.

Sponsoring Committees:
International Commercial Transactions, Franchising and Distribution Committee, International M&A and Joint Venture Committee

Program Chairs and Speakers:
Salli Anne Swartz, Phillips Giraud Naud & Swartz, Paris, France
Fabiano Deffernti, Carvalho Machado Timm & Deffenti Advogados, São Paulo, Brazil

Speakers:
Satoko Kuwabara, Mori Hamada & Matsumoto, Tokyo, Japan
Andrew “Josh” Markus, Carlton Fields, Miami, FL
Sara Sandford, Garvey Schubert Barer, Seattle, WA

10:30 a.m. – 11:00 a.m.
“How To” Series: Developing Programs with the Section

Do you have an idea for a program that is timely and topical?  If so, then attending this nuts and bolts of how to develop programs for the Section will be instrumental in helping you to develop your proposal.  Member and committee involvement through the development of programming continues to be the lifeline of the Section; whether it be for a seasonal meeting, a brown-bag, podcast, webcast, teleconference or stand-alone, or a combination, for CLE or not, there are ample opportunities for your program idea to take flight.  Join us to learn more about how to chart the course of your proposal.

Speakers and Program Chairs:
Yee Wah Chin, Section Programs Officer
Steven M. Richman, Deputy Officer, Programs Committee
Marcy Stras, Deputy Officer, Programs Committee

10:30 a.m. – 11:00 a.m.
Networking Break
With thanks to our sponsor Matheson Ormsby Prentice

11:00 a.m. – 12:30 p.m.
Common Law Summary Judgment in International Arbitration?
Dispute Resolution/Litigation

Many outside advisors and corporate counsel have become increasingly concerned with increases in the cost of international arbitration and the time required to secure a final award. Would a common law style summary judgment motion or procedure be the solution? In the United States, for example, when it has been shown that no questions of material fact exist between the litigants, the judge may rule on the issue of the law, allowing the parties to obtain a final judgment while avoiding a trial. This panel will canvas the different summary procedures used in international arbitration and how they differ from a common law motion for summary judgment. The panelists will also debate the appropriateness of summary judgment motions in international arbitration.

Sponsoring Committees:
International Arbitration Committee; International Litigation Committee

Program Chair:
Lisa Bench Nieuwveld, Bench Nieuwveld Law Firm, Rotterdam, The Netherlands

Moderator and Program Chair:
Nathan O’Malley, Conway & Partners, Rotterdam, Netherlands

Speakers:
Mirjam Hel-Koedoot, NautaDutilh, Rotterdam/Amsterdam, Netherlands
Brian King, Freshfields, New York, NY
Michael Martinez, Crowell & Moring LLP, Washington, DC
Nancy Thevenin, Baker & McKenzie LLP, New York, NY

11:00 a.m. – 12:30 p.m.
Law Practice Management Forum: Law Firm Strategy after the Recession
Law Practice

The past two years have witnessed the most dramatic changes in markets and economies worldwide since the 1930’s. As the world emerges from recession, leaders of many types of law firms handling cross-border matters will address whether the legal landscape has changed permanently, whether some law firm models have emerged from the recession in better shape than others and whether law firms can still realistically have long term strategic plans (or whether they need to take a more opportunistic tactical approach)? The panel will look at trends in law firm service offerings. Are full-service one-stop shops still the preferred model, or is there more scope for niche practices? Are law firms finding new ways to work together and with their clients? Will emerging firms from the BRIC countries follow the same model as their counterparts in more developed economies or will different models emerge in some of those global markets?

Sponsoring Committee:
International Law Practice Management Forum

Moderator and Program Chair:
Stephen Denyer, Allen & Overy LLP, Frankfurt, Germany

Speakers:
Manuel Barrocas, Barrocas, Lisbon, Portugal
Richard Fleck, Herbert Smith, London, United Kingdom
Umit Herguner, Herguner Bilgen Ozeke, Istanbul, Turkey
Ralph Malacrida, Baer & Karrer, Zurich, Switzerland,
Antonio Meyer, Machado, Meyer Sendacz e Opice Advogados, São Paulo Brazil
Cyril Shroff, Amarchand & Mangaldas & Suresh A. Shroff & Co., New Delhi, India
David Tang, K&L Gates, Seattle, WA

11:00 a.m. – 12:30 p.m.
Legal Empowerment of the Poor:
The UN’s Newest Call to Action
Public International Law/Rule of Law; Young Lawyers

From 2005 to 2008, an independent Commission on Legal Empowerment of the Poor assessed and debated a new development concept: making the law more accessible to help those most in need to escape from poverty. The Commission conducted national consultations, launched technical working groups and issued reports that challenged the international development community to re-think traditional access to justice. The Commission called for a “bottom-up” approach where reforms are primarily shaped by the needs of the poor and address the following pillars holistically: access to justice and the rule of law; property rights; labor rights; and business rights. The United Nations Development Programme (UNDP) is implementing the Commission’s recommendations in developing countries. Panelists will discuss UNDP’s experience with the Commission’s programming, the response in the Southern Hemisphere and the implications for future legal reform work.

Sponsoring Committees:
Asia/Pacific Committee, Latin America & Caribbean Committee, UN and International Institutions Coordinating Committee, International Human Rights Committee, Rule of Law-Technical Legal Assistance Board, International Legal Resource Center

Co-Sponsor:
ABA Center for Human Rights

Program Chair:
Mitchell A. Orpett, Tribler Orpett & Meyer, PC, Chicago, IL

Moderator and Program Chair:
Don S. DeAmicis, Ropes & Gray LLP, Boston, MA

Speakers:
Stephen Golub, Adjunct Professor, University of California at Berkeley Law School and Central European University
His Excellency Mr. Abdullah H. Haroon, Permanent Representative of Pakistan to the United Nations, New York, NY
Olav Kjorven, United Nations Development Programme, New York, NY
James Goldston, Open Society Justice Initiative

11:00 a.m. – 12:30 p.m.
National Policies Toward Foreign Investment and the Economic Crisis: Another Excuse for Protectionism?
Business/Transactional; Regulatory

Despite continuing lip service to the importance of free trade and investment, there is continuing evidence of parochial support for foreign investment restrictions. Over the past decades, a number of countries, including the U.S., Canada and Germany have amended their investment laws to enhance standards for review on “national security” or “public interest” grounds. Recent developments, including national stimulus packages and responses to imminent failures in the banking and other key sectors affected by the global economic crisis, have frequently included restrictions which clearly benefit home-country interests. These restrictions have led commentators to question whether the rash of activity reflects legitimate concerns or disguised protectionism. A panel of distinguished speakers will examine recent developments and explore the extent to which these developments threaten or have given rise to significant impediments to foreign investment.

Program Chair & Speaker:
Milos Barutciski, Bennett Jones LLP, Toronto, Ontario, Canada

Moderator, Program Chair, & Speaker:
Dixon Miller, Porter Wright Morris & Arthur, Columbus, OH

Speakers:
Hanns Christian Salger, Salger Rechtsanwaelte, Frankfurt, Germany
Amy Sommers, Squire Sanders & Dempsey LLP, Shanghai, China

11:00 a.m. – 12:30 p.m.
Voluntary Disclosures for Import Violations – “Get Out of Jail Free” Card or Ticket to Disaster?
International Trade/Customs; Dispute Resolution/Litigation; Business/Transactional

Importing has become a necessity for most companies today. Importing can often provide a competitive advantage – but it can also raise problems. The need to maintain regulatory compliance in every jurisdiction into which a company imports can lead to error, notwithstanding a company’s best efforts. When that happens, what can be done to limit potential liability? This program will examine the option of voluntarily disclosing error to customs authorities of a number of jurisdictions, including the United States, Canada, Mexico and others. A panel of experienced practitioners will consider and contrast the requirements for filing valid prior disclosures, along with the advantages, disadvantages and pitfalls of disclosure, with reference to specific prior disclosure cases.

Sponsoring Committees:
Customs Law Committee, International Trade Committee, Mexico Committee

Moderator and Program Chair:
Teresa M. Polino, Thompson Coburn, Washington, DC

Speaker and Program Chair:
Darrel Pearson, Bennett Jones LLP, Toronto, Ontario, Canada

Speakers:
Alan Cohen, Office of Regulations and Rulings, Customs and Border Protection, Washington, DC
Francisco J. Cortina Velarde, Chevez, Ruiz, Zamarripa y Cia, S.C., Santa Fe, Mexico (Invited)
Melanie Frank, Google, Inc., Mountain View, CA

12:45 p.m. – 2:15 p.m.
Ticketed Event
Luncheon with the Legal Advisor of the U.S. Department of State, Mr. Harold Hongju Koh
With thanks to our sponsor Cleary Gottlieb Steen & Hamilton LLP

Our luncheon speaker will be the Legal Adviser of the U.S. Department of State, Harold Hongju Koh. Mr. Koh, a former Dean of Yale Law School, will offer a unique perspective on the legal aspects of U.S. foreign policy in his capacity as the chief legal officer of the State Department.

2:20 p.m. – 2:40 p.m.
Presentation of World Order Under Law Award

This year’s honoree is Ana Montes, who occupied key law enforcement positions involving the investigation of such individuals as Pablo Escobar and other drug cartel figures who posed a constant threat to her personal safety. She played a key role in the establishment of special courts and investigative units dedicated trying guerillas and drug traffickers and ultimately had to leave the country because of her honest and courageous dedication to these tasks. She then dedicated herself to promoting justice reforms in the region and became one of the stalwarts in USAID programs in Guatemala, Nicaragua, the Dominican Republic, Mexico and, finally Colombia upon her return in 2001. Her efforts contributed to the development of practical programs that encouraged the region-wide movement toward fairer, more transparent, criminal justice systems that are, at the same time, more effective in solving crimes within a constitutional framework.

2:30 p.m. – 4:00 p.m.
Crisis = Opportunity?
M&A and Assets Acquisitions in
Times of Crisis: What to Look for When Acquiring and Financing Acquisitions in Volatile Markets
Business/Transactional; Dispute Resolution/Litigation

Crises bring investment opportunities to those with the courage and resources to take advantage of them. This program will discuss the different issues that arise when acquiring and financing asset acquisitions in a crisis context, including structure, collateral and litigation issues (with a special emphasis on claw back provisions). The discussion will also focus on who will provide financing and on what basis; the types of deals being done; where, by whom and how are they structured; and how to prevent litigation and the deal not being completed.

Sponsoring Committees:
International Securities and Capital Markets Committee, Financial Products and Services Committee, Foreign Legal Consultant Committee, International M&A and Joint Ventures Committee

Moderator and Program Chair:
James R. Silkenat, Sullivan & Worcester, New York, NY

Speakers:
Tom Claassens, Loyens & Loeff, Roterdam, Netherlands (Program Chair)
Marina Michelutti, Citigroup, New York, NY
Hernán Slemenson, Marval, O’Farrell & Mairal, Buenos Aires, Argentina
Victor Xercavins, Cuatrecasas Gonçalves Pereira, Barcelona, Spain (Program Chair)

2:30 p.m. – 4:00 p.m.
Law Practice Management Forum: Managing an International Law Firm – The Opportunities & Challenges of Operating in Multiple Jurisdictions
Law Practice

Managing partners of multi-jurisdictional law firms will address critical issues facing all such law firms: successful techniques and strategies to opening (and closing) foreign offices, including the relative merits of acquiring an existing practice or greenfield recruiting; approaches to alternative billing structures; maintaining consistency of work product and service level across offices and cultures; addressing compensation levels and billing rates among lawyers in various offices, including, whether to consider differences in hiring costs and tax rates; addressing concerns that some feel they are financially supporting partners in other less profitable jurisdictions; resolving conflict issues and harmonizing conflict resolution processes across different jurisdictions and cultures; managing leverage ratios; and issues relating to “making partner” in foreign offices.

Sponsoring Committee:
International Law Practice Management Forum

Program Chair:
Stephen Denyer, Allen & Overy LLP, Frankfurt, Germany

Program Chair:
Justin D. Vineberg, Davies Ward Phillips & Vineberg LLP, Montréal, Québec, Canada

Moderator and Speaker:
Ralph Baxter, Orrick, San Francisco, CA

Speakers:
Austin T. Fragomen, Jr., Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, NY
Zhou Xiaolin, Jun He Law Offices,
New York, NY
Nei Schilling Zelmanovits, Machado, Meyer, Sendacz e Opice, São Paulo, Brazil
Horst Ebhardt, Partner, Wolf Theiss, Vienna, Austria
Zhou Xiaolin, Senior Partner/Managing Partner, Jun He Law Offices, New York, NY

2:30 p.m. – 4:00 p.m.
So You Want To Be an Arbitrator? A How-To for Would-Be Arbitrators
Dispute Resolution/Litigation; Business/Transactional; Young Lawyers

Time for a change? International arbitrators are highly sought after. Many lawyers nearing retirement age, and many younger lawyers restructured or downsized from their positions, are considering international arbitration as their next career move. A distinguished panel of international arbitrators with varied backgrounds (including international commercial arbitration, international sports arbitration and international intellectual property arbitration) will provide an overview of international arbitral institutions and participants, as well as the qualifications required for arbitrators. The panelists will discuss their own experiences in becoming international arbitrators, and provide pointers for those considering becoming an international arbitrator.

Sponsoring Committees:
Seasoned Lawyer Interest Network (SIN), International Arbitration Committee, International Litigation Committee

Moderators and Program Chairs:
James H. Carter, Sullivan & Cromwell,
New York, NY
Carol M. Mates, International Finance Corporation, Washington, DC

Speakers:
Deborah Enix-Ross, Deboise & Plimption LLP, New York, NY
William R. Jentes, William R. Jentes, P.C., Chicago, IL
Maidie E. Oliveau, Arent Fox LLP, Los Angeles, CA
Horacio Grigera Naon, Center on International Commercial Arbitration, Washington College of Law, Washington, DC

2:30 p.m. – 4:00 p.m.
Trade Authorities Political Discretion – A Comparative Approach
International Trade/Customs; Regulatory

National implementation of trade remedy-laws can create unexpected and difficult challenges for cross-border trade. The use of discretion by trade remedy-authorities is a cross-cutting issue and has the potential to significantly distort trade patterns. What are the most “protectionist” authorities in their use of discretion? Who are the main targets? This interactive roundtable will explore the nature and operation of trade remedy-authorities’ discretion in major jurisdictions. Speakers will address the hottest topics in their jurisdictions covering common issues from a national and international perspective.

Sponsoring Committees:
International Trade Committee, Customs Law Committee, Export Controls and Economic Sanctions Committee, Canada Committee, Latin America and Caribbean Committee

Program Chair:
Paulo Brancher, Barretto Ferreira, Kujawski, Brancher e Gonçalves (BKBG), São Paulo, Brazil

Moderator and Program Chair:
Carla Junqueira Canero, Barretto Ferreira, Kujawski, Brancher e Gonçalves (BKBG), São Paulo, Brazil

Speakers:
Welber Oliveira Barral, Secretary of Foreign Trade, São Paulo, Brazil
Jean-Francois Bellis, Van Bael & Bellis, Brussels, Belgium
Suahil Nathani, Economics Law Practice (ELP), Mumbai, India
Matthew R. Nicely, Thompson Hine LLP, Washington, DC

2:45 p.m. – 4:15 p.m.
International Organized Crime: Threats and Remedies
Public International Law/Rule of Law; Regulatory

International organized crime has entered a new phase. “Virtual” crime families traffic in stolen financial information on black market websites, manipulate stocks by illegally accessing financial institutions’ computer systems, and extort money through “denial of service” attacks. In the former Soviet bloc, “ corporate raiders” take over businesses by manipulating the legal system as a cover for armed takeovers. An “Eco-Mafia” is generating billions of dollars annually through environmental schemes. Proceeds are often laundered through financial institutions, creating risk of regulatory and even criminal sanctions. This panel will examine emerging trends in international organized crime, with special attention to Europe (including Eastern Europe) and the former Soviet Union. The focus will be on the threats that emerging criminal organizations pose to U.S. businesses operating overseas; business intelligence’s role in protecting companies; cooperation between victim companies and law enforcement, and possible remedies including criminal prosecution and U.S. civil RICO actions.

Sponsoring Committees:
Russia/Eurasia Committee, International Criminal Law Committee

Moderator and Program Chair:
Thomas Firestone, U.S. Embassy, Moscow, Russia

Speakers:
Misha Glenny, London, United Kingdom
David Lawrence, Goldman Sachs,
New York, NY
Bruce Marks, Marks and Sokolov LLC, Philadelphia, PA
Bruce Ohr, Organized Crime and Racketeering Section, U.S. Department of Justice, Washington, DC

4:15 p.m. – 6:15 p.m.
Legal Issues in the Creation of a Two State Solution to the Israeli-Palestinian Conflict: What Are They and How Can They Be Resolved?
Public International Law/Rule of Law

The Israeli-Palestinian conflict has dominated the discussion of Middle East politics for more than sixty years. Many commentators suggest that resolution lies in the creation of two separate states. Such a move would require agreement over a myriad of complex legal and policy issues, such as the delineation of boundaries, the status of settlements and Jerusalem, refugees, compensation rights and security arrangements. This program will bring together policy and legal experts with “hands on” experience at the negotiating table to outline and address these issues and to evaluate various proposals for achieving a consensus over them.

Sponsoring Committee:
Middle East Committee

Co-Sponsor:
Association of the Bar of the City of New York

Moderators and Program Chairs:
Katlyn Thomas, Katlyn Thomas PC,
New York, NY
Arthur W. Rovine, Fordham University Law School, New York, NY

Speakers:
Amjad Atallah, New America Foundation, Washington, DC
Hrair Balian, Carter Center, Atlanta, GA
Alon Ben-Meir, New York University School of Law, New York, NY
Nicholas Rostow, State University of New York, New York, NY

4:00 p.m. – 4:30 p.m.
“How To” Series: Section Publishing – How to Get Your Name in Print

Do you consider yourself an expert within your practice area of international law?  If so, world-wide recognition is at your doorstep, by becoming a published author in one of the ABA Section of International Law’s several publications.  Whether you aspire to write a book, a scholarly law review, a succinct news article or an informative committee newsletter, publishing with one of the Section’s publications is an effective way to demonstrate your expertise.  At this informational session, the Publications Officer and the editors of The International Lawyer and The International Law News will tell you how to get started on your way as a published author for the ABA Section of International Law.

Speakers and Program Chairs:
Marilyn J. Kaman, Section Publications Officer
Patricia Heard, Co-Executive Editor, The International Lawyer
Beverly Dureus, Co-Executive Editor, The International Lawyer
Russell Kerr, The International Law News
Richard Paszkiet, Deputy Director, ABA Book Publishing

4:00 p.m. – 4:30 p.m.
Networking Break

4:30 p.m. – 6:00 p.m.
Best Practices for Global Sourcing and Regulatory Compliance in a New Era
International Trade/Customs; Corporate Counsel

Today, companies are under intense pressure to reduce costs. Strategic global sourcing of products and use of special trade programs to minimize import duties can result in significant cost reductions. However, increased government enforcement of trade preference programs makes it imperative that companies implement effective procedures to meet the compliance requirements associated with increased government enforcement actions relating to many trade preference programs. An interactive panel of seasoned practitioners, corporate counsel and U.S. government officials will discuss hypotheticals involving different sourcing options and possible duty savings programs (e.g., FTAs, GSP, foreign trade zones and duty drawback). The panel will also share insights on best practices for complying with the requirements of the various trade preference programs.

Sponsoring Committees:
International Trade Committee, Canada Committee, Mexico Committee, International Corporate Counsel Forum, Latin America and Caribbean Committee

Moderator and Program Chair:
David J. Glynn, Holland & Hart LLP, Denver, CO

Speaker and Program Chair:
Geoffrey M. Goodale, Foley & Lardner LLP, Washington, DC

Speakers:
Steven Mack, Office of Regulatory Audit, U.S. Customs and Border Protection, New York, NY
Sandy Merber, General Electric Company, Washington, DC
Eva Tomlinson, Zone Solutions, LLC, Indianapolis, IN

4:30 p.m. – 6:00 p.m.
How Do the Latest U.S. Tax Proposals Affect You and Your Corporate Clients?
Business/Transactional; Corporate Counsel; Regulatory; Young Lawyers

This panel will provide a financial and business overview on likely results to U.S. multinationals of the new proposals (particularly those calling for the elimination of "check the box" on certain foreign entities, deferral of expense deductions related to deferred foreign income and new limitations on foreign tax credit planning). The panelists will review corporate and commercial steps which may be implemented to address these changes and will highlight the U.S. and foreign tax consequences which may arise from such restructuring.

Sponsoring Committee:
International Tax Committee

Moderators and Program Chairs:
Elinore Richardson, Borden Ladner Gervais LLP, Toronto, Ontario, Canada
Sonia Velasco, Cuatrecasas, Gonçalves Pereira, Barcelona, Spain

Speakers:
Stuart Chaseman, Vivendi, New York, NY
Nishith Desai, Nishith Desai Associates, Mumbai, India
Frederick Hey, Debevoise & Plimpton LLP, Frankfurt, Germany
Dan Kusnetz, Schulte Roth & Zabel LLP, New York, NY
Raquel Novais, Machado, Meyer, Sendacz e Opice Advogados, São Paulo, Brazil

4:30 p.m. – 6:00 p.m.
Law Practice Management Forum: The Secrets of Attracting and Leading the Best People
Law Practice

Managing partners of leading law firms from all over the world will share their strategies for attracting, developing and retaining law students, associates and partners including a discussion of partner and associate compensation issues, 360-degree evaluations and establishing non-financial incentives. The panelists will also discuss, in an interactive and dynamic manner, their approaches to dealing with lawyers at all levels and developing the next generation of firm leaders. In this context, the panelists will consider the paradox of how law firm managing partners and practice group leaders often have developed successful books of businesses - but not necessarily the most expertise in “leading” others. Many consultants have developed leadership training programs specifically targeted for lawyers. How successful are these programs? Is such training worth the time and financial investment? How else can leaders be trained and developed?

Sponsoring Committee:
International Law Practice Management Forum

Program Chair:
Stephen Denyer, Allen & Overy LLP, Frankfurt, Germany

Moderators:
Elena C. Norman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE
Justin D. Vineberg, Davies Ward Phillips & Vineberg LLP, Montréal, Québec, Canada

Speakers:
Dmitry Afanasiev, Egorov, Puginsky, Afanasiev & Partners, Moscow, Russia
Sadiq Jafar, Hadef & Partners, Dubai, United Arab Emirates
James Patton, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE
Chang Rok Woo, Yulchon, Gangnam-gu, Republic of Korea
Saul Zang, Zang, Bergel & Viñes, Buenos Aires, Argentina
Máximo Luis Bomchil, Managing Partner, M. & M. Bomchil, Buenos Aires, Argentina

4:30 p.m. – 6:00 p.m.
Libel Tourism: Should the United States be Exporting the First Amendment?
Dispute Resolution/Litigation; Regulatory

Libel tourism refers to a form of forum shopping where a party seeks a jurisdiction favorable to plaintiffs in a defamation action, and then seeks to have the judgment enforced in, among other places, the United States. Because of differences in standards and substantive law, and because other countries do not necessarily have First Amendment standards, there is a tension between enforcing such judgments with regard to public policy. The well-publicized Second Circuit cases involving an English judgment against American writer Rachel Ehrenfeld has led to enactment by some states of legislation to preclude enforcement of such judgments, and proposed federal legislation is before the Congress. This program explores the tension between reciprocity of cross-border judgment recognition with fundamental national policy issues.

Sponsoring Committee:
International Litigation Committee

Moderator and Program Chair:
Steven M. Richman, Duane Morris LLP, Princeton, NJ

Speakers:
Elisa Goodman, Borden Ladner Gervais LLP, Toronto, Ontario, Canada
Daniel J. Kornstein, Kornstein Veisz Wexler & Pollard, LLP, New York, NY
Kate Matthews, Shadbolt LLP, London, United Kingdom
Mark C. Zauderer, Flemming Zulack Williamson Zauderer LLP, New York, NY

6:00 p.m. – 7:00 p.m.
Ticketed Event
First Time Attendee Reception at the Grand Hyatt New York

7:00 p.m. – 9:00 p.m.
Ticketed Event
Opening Reception at Charlie Palmer’s Metrazur
404 Grand Central Terminal,
New York
With thanks to our sponsor
Egorov, Puginsky, Afanasiev & Partners

9:00 p.m. – 11:00 p.m.
Ticketed Event
Committee Dinners at The Yale Club of New York City
50 Vanderbilt Avenue, New York
With thanks to our sponsor
Hergüner Bilgen Özeke

Thursday, April 15

7:00 a.m. – 6:30 p.m.
Registration

7:45 a.m. – 9:00 a.m.
Continental Breakfast
With thanks to our sponsors
Bron & Salas Abogados; Estudio Beccar Varela; Estudio Randle; Gonzalez & Ferraro Mila; M. & M. Bomchil Abogados; Marval, O’Farrell & Mairal; Negri & Teijeiro; Vitale, Manoff & Feilbogen; Zang, Bergel & Vines Abogados

7:45 a.m. – 8:45 a.m.
Committee Breakfasts

Not sure whether to attend committee business breakfasts? If not attending, you may be missing the greatest benefit of Section membership. Our more than sixty committees cover every possible aspect of public and private international law. Most of the Section’s substantive work is conducted at the committee level. Committee business meetings provide a great opportunity to meet your Section colleagues, learn about and shape committee plans, and become more active in the Section. Section members can join as many committees as they wish—at no charge! Further details concerning the schedule of which particular committees will be meeting will be listed on the Spring Meeting website (www.abanet.org/intlaw/spring10) as well as in the onsite meeting information guide.

9:00 a.m. – 6:00 p.m.
Committee Business Meetings

Committee Business Meetings allow Committee leaders and members the opportunity to have 50 minutes of uninterrupted time to conduct official committee business and strategic planning. The scheduling of these meetings must be requested and arranged in advance with Tally White, Committees Coordinator. Times will be assigned based upon room availability. These meetings can be in addition to or in lieu of the Committee Breakfast Meetings scheduled for Thursday and Friday.

9:00 a.m. – 10:30 a.m.
A New World Order for Corporate Governance? Issues, Trends and the Creeping Role of Government in the Boardrooms of the World
Business/Transactional; Corporate Counsel

This panel will focus on leading issues and trends in corporate governance: executive compensation; enterprise and financial system risk management; the increasingly direct role being played by shareholders in the governance of corporations; and the growing involvement of governments in the governance of corporations (particularly in conjunction with the recent government bail-out of financial and other firms). The panel will draw upon noted experts from academia and the private sector, and from the United States and Europe to provide their perspective on these issues and provoke a lively dialogue.

Sponsoring Committee:
International Securities and Capital Markets Committee

Program Chair:
Jeff Kerbel, Bennett Jones LLP, Toronto, Ontario, Canada

Moderator & Speaker:
Stephen Sibold, Q.C., Bennett Jones, LLP, Calgary, Alberta, Canada

Speakers:
Edward F. Greene, Cleary Gottlieb, New York, NY
Professor John Coffee, Columbia Law School, New York, NY
Michael Francies, Weil, Gotshal, Manges, LLP, London, United Kingdom
Dr. Hartmut Krause, Allen & Overy LLP, Frankfurt, Germany

9:00 a.m. – 10:30 a.m.
Conflicts Between Sharia and International Human Rights Law and Norms Regarding Sexual Orientation and Gender Identity
Public International Law/Rule of Law; Young Lawyers; Law Practice

This roundtable discussion will familiarize attendees with the effects of Sharia, religious and national laws on traditional taboos of sexual orientation and gender identity in North African, Middle Eastern and Asian countries. Speakers will address the serious question of how to reconcile traditional religious law in these regions with international human rights mechanisms and norms which seek to prohibit discrimination based on gender, sexual orientation and gender identity. The panel will also explore a hypothetical Western client’s likely course of action to protect its LGBT employees who work in more conservative legal environments.

Sponsoring Committees:
Sexual Orientation and Gender Identity Issues Network, Middle East Committee, Asia-Pacific Committee

Moderator and Program Chair:
M. David Coffman, Coffman Legal PLLC, Seattle, WA

Program Chair:
Paul E. Johnson, The John Marshall Law School, Chicago, IL

Speakers:
Hossein Alizadeh, International Gay and Lesbian Human Rights Commission, New York, NY
Rasha Moumneh, Human Rights Watch, New York, NY (Invited)
Hedwin Salmen-Navarro, Salmen-Navarro & Associates, New York, NY
Mark Wojcik, The John Marshall Law School, Chicago, IL

9:00 a.m. – 10:30 a.m.
Enforcement Cross-Hairs: Multiple Prosecution for Transnational Bribery
Regulatory; Corporate Counsel; Business/Transactional

Statoil, Siemens, KBR Halliburton. Companies are increasingly targets of international anti-bribery enforcement actions across jurisdictions. In addition to the U.S. portfolio of more than 100 investigations, Germany has 60 open files and the UK has dozens more. Are we beginning to see global enforcement that will lead to a truly level playing field for companies with strict anti-bribery programs? Are all countries enforcing? Do some countries simply “pile on” multiple prosecutions for the same conduct? What about other sanctions regimes? The World Bank, United Nations and others can debar contractors with varying standards of evidence. Representatives of the U.S. Department of Justice, the UK’s Serious Fraud Office and the World Bank’s Sanctions Evaluation and Suspension Officer will address how their systems work individually, what information they can and cannot share and how the international anti-bribery enforcement landscape is evolving.

Sponsoring Committee:
International Anti-Corruption Committee

Moderator and Program Chair:
Alexandra Wrage, TRACE, Annapolis, MD

Speakers:
Pascale Dubois, World Bank,
Washington, DC
Mark Mendelsohn, Criminal Division, U.S. Department of Justice, Washington, DC
Charlie Monteith, Serious Fraud Office, London, United Kingdom

9:00 a.m. – 10:30 a.m.
International Investment Arbitration Procedural Roundtable
Dispute Resolution/Litigation; Business/Transactional

A combination of mock meeting and roundtable discussion format will provide a fast-paced review of some of the most frequently addressed questions in the procedure related to international investment arbitration. Discussion will include comparisons with international commercial arbitration and domestic litigation procedure. A panel of experienced practitioners will address choosing the arbitral rules, arbitrator appointment and challenge (especially with regard to potential conflict of interest), place of arbitration, production of documents, and use of experts. This program will is designed to meet the interest of experienced investment arbitration practitioners as well as those needing an introduction to this fast-growing field.

Sponsoring Committees:
International Arbitration Committee, International Investment and Development Committee

Program Chair and Moderator:
Ian Laird, Crowell & Moring LLP, Washington, DC

Speakers:
Jonathan Greenblatt, Shearman, New York, NY
Andrea Menaker, White & Case LLP, Washington, DC
Ucheora Onwuamaegbu, World Bank, International Centre for Settlement of Investment Disputes (ICSID), Washington, DC
Todd Weiler, NaftaClaims.com, London, Ontario, Canada

9:00 a.m. – 10:30 a.m.
Trade Controls: Staying Compliant in a Challenging Economic Climate
International Trade/Customs; Business/Transactional

The recent, unprecedented increase in trade controls enforcement cases in jurisdictions around the world has led to record-setting penalties in sanctions, export, and other trade control cases worldwide. A new era of enforcement on a truly global scale may be at hand as the current economic climate is likely to motivate regulators to continue taking strong action against perceived abuses of the global market. Now more than ever, international companies need knowledge and resources to effectively deal with trade control enforcement. Proactive and cost-efficient compliance measures (that also satisfy an attorney’s ethical obligation to communicate regularly with his or her client) can be implemented that will put companies in a position to prevent and detect violations...before they become headlines.

Sponsoring Committees:
Export Controls & Economic Sanctions Committee, International Trade Committee, Customs Law Committee

Program Chair:
Thad McBride, Fulbright & Jaworski LLP, Washington, DC

Moderator and Program Chair:
Scott Maberry, Fulbright & Jaworski LLP, Washington, DC

Speakers:
Michael Geffroy, Office of Foreign Assets Control, U.S. Department of the Treasury, Washington, DC (Invited)
J. Daniel Chapman, Parker Drilling Company, Houston, TX

10:30 a.m. – 11:00 a.m.
“How To” Series: Book Publishing Workshop for Authors and Committee Leaders

Learn the basics of developing books within the Section of International Law and ABA Publishing. This program will cover the following:  selecting a topic, constructing the proposal, recruiting authors, and creating a timetable to execute your book. The program will go through the publication process step by step and provide an overview of the editorial and marketing services provided by ABA Publishing. The program will assist committee leaders in developing an active books program and will aid authors in becoming a published expert within the field.

Speakers and Program Chairs:
Marilyn J. Kaman, Section Publications Officer
Richard Paszkiet, Deputy Director, ABA Book Publishing

10:30 a.m. – 11:00 a.m.
Networking Break
With thanks to our sponsors
Bron & Salas Abogados; Estudio Beccar Varela; Estudio Randle; Gonzalez & Ferraro Mila; M. & M. Bomchil Abogados; Marval, O’Farrell & Mairal; Negri & Teijeiro; Vitale, Manoff & Feilbogen; Zang, Bergel & Vines Abogados

11:00 a.m. – 12:30 p.m.
Confessions of a Virtual Shopaholic—Legal Traps for the Unwary in the World of E-Commerce
Regulatory; Corporate Counsel; Business/Transactional; Young Lawyers, Antitrust Law mini-track

Online shopping has exploded in popularity, primarily because it makes consumers’ lives easier, but online commerce also raises a host of complex legal issues that can leave corporate counsel “putting out fires” in multiple jurisdictions. Limited international consensus on these issues makes advising companies even more difficult. A panel of international experts from both government and the private sector will provide insights and strategies on a variety of issues raised by selling goods on the internet, such as exclusivity and territorial restrictions, pricing and misleading advertising issues, addressing counterfeit goods, credit card fraud and privacy concerns.

Sponsoring Committees:
International Antitrust Committee, Information Service Technology Committee

Moderator and Program Chair:
Mark Katz, Davies Ward Phillips & Vineberg LLP, Toronto, Ontario, Canada

Speakers:
Lesley Fair, Federal Trade Commission, Washington, DC
Jacqueline Klosek, Goodwin Procter LLP, New York, NY
Paul Schoff, Minter Ellison, Sydney, Australia

11:00 a.m. – 12:30 p.m.
Know Your Style – Networking, Marketing and Business Development Tips for Women (and Men) (Non-CLE)
Law Practice; Young Lawyers

Do men and women generate business the same way? Unleash your existing communication and networking skills and join us for an informative session on how to build your brand and develop your client base and referral network. This is also an opportunity to present and explore the opportunities that the ABA offers for networking and business development. This panel will be an interactive discussion between dynamic young lawyers about how they approach business development. Analysis and advice will be offered by Andrea Nierenberg, best-selling author, speaker and known authority on business networking, professional development and business communications.

Sponsoring Committees:
Women’s Interest Network (WIN), International Law Practice Management Committee

Program Chair:
Elisa Kearney, Davies Ward Phillips & Vineberg LLP, Toronto, Ontario, Canada

Moderator:
Jennifer Wills, U.S. Environmental Protection Agency, Washington, DC

Speakers:
Susana Cabrera, Garrigues LLP, Madrid, Spain
Andrea Nierenberg, The Nierenberg Group, New York, NY
Sébastien Savage, Davies Ward Phillips & Vineberg LLP, Montreal, Quebec, Canada

11:00 a.m. – 12:30 p.m.
Rules of Engagement: Avoiding the Pitfalls in Cross-Border Electronic Discovery
Dispute Resolution/Litigation; Corporate Counsel; Law Practice; Young Lawyers

Counsel facing litigation involving foreign jurisdictions face a confusing web of regulations and court rules that can confuse even the most seasoned litigator. This panel will guide the audience through the thicket of international privacy and other regulations that govern ESI discovery in key foreign jurisdictions. We will provide a road map for practitioners engaged in cross border disputes that will help them understand how to avoid costly mistakes and exploit available technology to their strategic advantage. The panel will use a mock case involving multiple overseas collections in the context of multi-national litigation. Each panelist will take a role (in house counsel, outside counsel, electronic discovery consultant, judge) and a series of questions will be posed to the panelists which take the dispute from its infancy through to settlement. Challenges typically faced in similar matters such as cultural misunderstandings, spoliation, data privacy compliance, sanctions motions and cost overruns will be embedded into the questions.

Sponsoring Committee:
International Litigation Committee

Moderator and Program Chair:
Margaret A. Daley, Duff & Phelps, Chicago, IL

Speaker and Program Chair:
Debra Bernard, Perkins Coie, Chicago, IL

Speakers:
David Bayer, Stratify, Mountain View, CA
Alexander Shapiro, Bank of New York Mellon, New York, NY

11:00 a.m. – 12:30 p.m.
The Rise of Protectionism and Its Effects: Is “Buy American” Best for America?
International Trade/Customs; Regulatory; Business/Transactional

Congress added “Buy American” provisions to the fiscal stimulus bill to ensure that taxpayer dollars would be used to support American jobs, but some have argued that rather than supporting employment at home, the “Buy American” provisions may ultimately cost American jobs. Many companies that employ hundreds of workers in the U.S. cannot bid for government projects because they cannot meet the American origin requirements for all the steel, iron and manufactured goods in their supply chain. Others are scrambling to ascertain whether American-made alternatives exist to replace their foreign inputs. An expert panel will discuss the pros and cons of the “Buy American” provisions and other protectionist measures of the U.S. and other countries (e.g., China).

Sponsoring Committees:
Canada Committee, Mexico Committee, Customs Law Committee, International Trade Committee, Export Controls and Economic Sanctions Committee, China Committee, India Committee

Program Chair:
S. Jane Moffat, McKenna Long & Aldridge, New York, NY

Moderator and Program Chair:
Marcy Stras, Cozen O’Conner, Washington, DC

Speakers:
Jean Heilman Grier, Office of the U.S. Trade Representative, Washington, DC
Terry Stewart, Stewart & Stewart
John McNab, Deputy Counsel General of Canada, New York, NY
John M. Weekes, Bennett Jones LLP, Ottawa, Ontario, Canada

11:00 a.m. – 12:30 p.m.
The Role of the Military in Promoting the Rule of Law
Public International Law/Rule of Law; Regulatory

Military interventions in Iraq and Afghanistan have stimulated discussion of whether there is or should be a role for the military in promoting the rule of law. This panel will unveil disagreements among academics, military and civilian agencies and rule of law practitioners as to whom should be tasked with these efforts. Is it the role of civilian agencies only? What is the role of the military? Do both civilian and military agencies share a common understanding to the rule of law? How does the security environment affect the ability of any given external actor to engage on capacity building efforts and operations? Many understand and approach the rule of law as a means to security while others see security as a means to the rule of law. Discussion by representatives from the five armed forces will seek answers to some of the most compelling questions faced by rule of law practitioners, military and civilian agencies.

Sponsoring Committees:
Rule Of Law-Technical Assistance Board, UN and International Organizations Coordinating Committee, International Human Rights Committee, NGO and Not-For-Profit Organizations Committee

Co-Sponsor:
ABA Standing Committee on Law and National Security

Program Chairs:
Salli Swartz, Philips Giraud Naud & Swartz, Paris, France
Lelia Mooney, Rule of Law Officer, ABA Section of International Law, Washington, DC

Moderator:
Karen Mathis, Big Brothers, Big Sisters of America, Washington, DC

Speakers:
Colonel Vaughn Ary, Acting Staff Judge Advocate to the Commandant of the Marine Corps, United States Marine Corps, Arlington, VA
Brigadier General Thomas E. Ayres, Assistant Judge Advocate General  for Military Law and Operations, United States Army, Arlington, VA
Rear Admiral William “Bill” D. Baumgartner, Judge Advocate General and Chief Counsel of the United States Coast Guard, United States Coast Guard, Washington, DC
Lieutenant General Richard “Rich” Harding, Judge Advocate General, United States Air Force, Arlington, VA
Vice Admiral James “Jim” W.  Houck, Judge Advocate General of the Navy, United States Navy, Washington, DC

12:45 p.m. – 2:15 p.m.
Ticketed Event
Luncheon with Distinguished Speaker
With thanks to our sponsor
De Brauw Blackstone Westbroek

2:30 p.m. – 4:00 p.m.
A Debate on Stolt-Nielsen Class Arbitration and International Parties
Dispute Resolution/Litigation; Corporate Counsel

Join us for an engaging debate on the recent U.S. Supreme Court case of Stolt-Nielsen, S.A. v. AnimalFeeds International Corp., which focuses on the question of whether class arbitration can proceed in situations where the arbitration agreement is silent or ambiguous as to class treatment. Speakers will square off directly against each other in a head-to-head debate on the propriety of the device, not only updating participants as to domestic law and providing them with information on how the decision will affect international transactions and disputes, but identifying areas where future questions remain open. Attendees can add their contributions to the discussion, which will conclude with a popular vote to determine which side won the debate.

Sponsoring Committees:
International Arbitration Committee, International Antitrust Law Committee, International Transportation Committee, Law of the Sea Committee, Transnational Legal Practice Committee

Program Chair, Moderator, and Speaker:
S.I. Strong, University of Missouri Law School, Center for the Study of Dispute Resolution, Columbia, MO

Speakers:
John Fellas, Hughes Hubbard & Reed LLP, New York, NY
Nina Pillard, Georgetown University Law Center, Washington, DC
Josefa Sicard-Mirabal, ICC International Court of Arbitration, New York, NY

2:30 p.m. – 4:00 p.m.
International Trade in Ancient Art and Archeological Objects: Controversies Over U.S. Implementation of the 1970 UNESCO Convention on Cultural Property
Public International Law/Rule of Law; international trade/customs; Corporate Counsel

In 1970, the U.S. took a historic decision to support the UNESCO Convention on Cultural Property and to combat pillage of archeological sites by restricting imports of designated categories of archeological materials in situations where looting threatens the cultural patrimony of other nations. At the same time, the U.S. rejected a UNESCO proposal that would have barred international trade in all cultural property unless licensed by the country of origin. This compromise was adopted by Congress in the 1983 Act implementing the Convention. Regulations pursuant to the Convention have transformed the market. The State Department has negotiated comprehensive import controls on antiquities from major source countries, including Italy and China, and customs officials have confiscated objects not regulated under the Convention implementing legislation when claimed as state property by foreign governments. Archeologists and others in the preservationist community applaud these actions, but critics in the art museum and dealer communities believe that the State Department has disregarded the criteria established by law.

Sponsoring Committee:
UN and International Institutions Coordinating Committee

Program Chair:
Robert F. Brodegaard, Thompson & Knight LLP, New York, NY

Moderator and Program Chair:
Mark B. Feldman, Garvey Schubert Barer, Washington, DC

Speakers:
James Fitzpatrick, Arnold & Porter, Washington, DC
Patty Gerstenblith, DePaul University College of Law, Chicago, IL
Josh Knerly, Hahn Loeser & Parks, Cleveland, OH
Nancy C. Wilkie, Carleton College, Northfield, MN

2:30 p.m. – 4:00 p.m.
Public-Private Partnerships in a Turbulent Market: Views from Around the World
Business/Transactional; Corporate Counsel

Public service and infrastructure projects have long been vital to both developing and developed countries. President Obama has called for improving infrastructure in the U.S. as part of his stimulus package. Will the U.S. adopt the public-private partnership (PPP) structures that have successfully worked in other countries? This program will look at the matter from a U.S. and international perspective, focusing on the current environment in PPP today and how the U.S. might profit from lessons learned internationally. This program examines new PPP regimes, addresses issues and problems in negotiating and implementing PPP programs and offers examples of successful public private partnerships.

Sponsoring Committees:
International Investment & Development Committee, Europe Committee, Canada Committee, International Energy & Natural Resources Committee, Latin America & Caribbean Committee

Moderator and Program Chair:
Daniel Marin Moreno, Gómez-Acebo & Pombo, Barcelona, Spain

Speaker and Program Chair:
Terry A. Selzer, Stampe Haume & Hasselriis, Copenhagen, Denmark

Speakers:
Enrico Juca Bentivegna, Pinheiro Neto, São Paulo, Brazil
Alejandro Ciero, Beccar Varela, Buenos Aires, Argentina
Elizabeth O’Connor, Matheson Ormsby Prentice, Dublin, Ireland
Sébastien Savage, Davies Ward Phillips & Vineberg LLP, Montréal, Québec, Canada

2:30 p.m. – 4:00 p.m.
Technology and Innovation: Regulation in the High-Tech Economy
Regulatory; Corporate Counsel; Antitrust Law mini-track

What would we do without Blackberrys or iPhones? They function as alarm clocks, music players, time keepers, telephones, address books, and calendars. They are used to connect to Facebook, Twitter and other social networking sites. But what if these toys were taken away by regulators? They wouldn’t dare; or would they? Google, Apple/iTunes, Facebook, Microsoft and RIM have all been the subject of regulatory scrutiny in many parts of the world to determine if their business practices offend competition, privacy and copyright laws. This scrutiny has involved, among other things, hiring practices, various types of joint venture/outsourcing agreements, as well as pricing and distribution practices. This panel will consider from a multijurisdictional and multidisciplinary perspective analyze whether such regulatory intervention is beneficial or whether it is inhibiting innovation and imposing a significant and detrimental cost on information technology companies.

Sponsoring Committees:
International Antitrust Committee, Information Services, Technology and Data Protection Committee, International Intellectual Property Committee

Moderator and Program Chair:
Elisa Kearney, Davies Ward Phillips & Vineberg LLP, Toronto, Ontario, Canada

Speakers:
Leah Brannon, Cleary Gottlieb Steen & Hamilton LLP, Washington, DC
Per Hellström, European Commission, DG Competition, Brussels, Belgium
Stephen Mortinger, IBM Systems & Technology Group, New York, NY
Kevin Yingling, Google Inc., New York, NY

2:30 p.m. – 4:00 p.m.
What Do You Need to Know to Become a Global Deal Lawyer?
Law Practice; Business/Transactional; Young Lawyers

This panel will consider the challenges facing deal lawyers who work in a transnational context. Among the questions our panel will discuss are the following: How does a lawyer’s role in doing deals (as opposed to litigation) differ in various jurisdictions, and how do lawyers maneuver around these differences to help clients get their deals done? What are the common cultural misunderstandings related to the differences in roles occupied by transactional lawyers? And what sort of legal education and training might help—or hurt—lawyers prepare for working in a transnational context as transaction lawyers?

Sponsoring Committees:
Transnational Legal Practice Committee, International Law Practice Management Forum, Foreign Legal Consultant Committee

Program Chair and Moderator:
Carole Silver, Georgetown University Law Center, Washington, DC

Speaker and Program Chair:
Albert Garrofé, Cuatrecasas, Gonçalves Pereira, New York, NY

Speakers:
Lee Buchheit, Cleary Gottlieb Steen & Hamilton, New York, NY
Jorge Carey, Carey y Cia, Santiago, Chile
Beomsu Kim, Shin & Kim, Seoul, Republic of Korea
Cagatay Yilmaz, Yilmaz Law Offices Istanbul, Turkey

4:00 p.m. – 4:30 p.m.
“How To” Series: Policy and the Section

Policy Officer Ronald A. Cass will be available at this session to discuss policy-making opportunities within the Section.

Speaker and Program Chair:
Ronald A. Cass, Section Policy/Government Affairs Officer

4:00 p.m. – 4:30 p.m.
“Meet the Authors”

The Section of International Lawyer’s book authors and editors will be able to meet with you in person to discuss their books and address any questions you may have on their books. All Section books will be available for purchase in the exhibit hall.

4:00 p.m. – 4:30 p.m.
Networking Break

With thanks to our sponsor
Arent Fox LLP

4:30 p.m. – 6:00 p.m.
Case Law Under the Brussels I Regulation: An Update and Thoughts About Alignment with U.S. Jurisdiction
Dispute Resolution/ Litigation; Business/Transactional

When a business expands to Europe the vast territory of single jurisdiction and enforcement cannot be ignored. This program will explore interpretations of the Brussels I Regulation by the European Court of Justice (ECJ) and compare the ECJ and U.S. approaches to jurisdiction and enforcement. The panel will also explore whether the Hague Choice of Court Convention will work adequately and whether there is some common ground to expand that Convention to other grounds for jurisdiction. There will also be discussion of how to prevent misuse of lis pendens and arbitration and forum clauses. The European Commission’s anticipated proposal for reform of Brussels I will also be considered.

Sponsoring Committees:
International Litigation Committee, International Commercial Transactions, Franchising and Distribution Committee, Europe Committee

Speaker and Program Chair:
Marielle Koppenol-Laforce, Houthoff Buruma N.V., Rotterdam, Netherlands

Moderator:
Guy Lipe, Vinson & Elkins L.L.P., Houston, TX

Speakers:
Alexander Layton, Fellow of the Chartered Institute of Arbitrators, London, United Kingdom
Linda Silberman, New York University School of Law, New York, NY

4:30 p.m. – 6:00 p.m.
Harmonization of Law: North America, Europe and Latin America—Developments and Future Prospects
Public International Law/Rule of Law; Regulatory; Young Lawyers

The negotiation of international conventions is only one way in which law is harmonized. Valuable harmonization of law has also developed independent of treaties. This program will explore significant harmonization projects that have been undertaken in recent years in North America, Europe and Latin America. The Uniform Law Commission in the United States has worked with its counterparts in Canada and Mexico to develop a model for harmonization projects, with a multinational committee initially developing a set of principles for drafting legislation and then subjecting individual countries’ draft legislation for review by the multi-national committee. This program will consider the utility of this and other harmonization models and projects that have recently been undertaken in Canada, the European Union, and Latin America. Suggestions will also be sought as to possible future regional harmonization projects.

Sponsoring Committee:
Private International Law Coordinating Committee

Program Chair:
John A. Sebert, Uniform Law Commission, Chicago, IL

Moderator:
The Honorable Martha L. Walters, Oregon Supreme Court, Salem, OR

Speakers:
Jeffrey B. Golden, Allen & Overy, LLP, London, United Kingdom
Harry J. Haynsworth, IV, Briggs and Morgan, P.A., Minneapolis, MN
Peter J.M. Lown, Alberta Law Reform Institute, Alberta, Canada
Robert A. Stein, University of Minnesota School of Law (and former Executive Director, American Bar Association), Minneapolis, MN
David P. Stewart, Georgetown University Law Center Washington, DC

4:30 p.m. – 6:00 p.m.
Hot Transborder Law Practice Issues: India-U.S.
Law Practice; International Trade/Customs; Business/Transactional

There has been a spate of formal, collaborative agreements between leading Indian law firms and international firms seeking a global reach. Historically, top traditional firms, some of them operational in India for over a 100 years, have had “preferred law firm referral” relationships, and such agreements with new-age Indian law firms of significant size have been established within the past 5 to 10 years. Leading members of the Indian bar, U.S. law firms and the U.S. Government will discuss the potential scope of such agreements and the future of transnational collaboration within India’s existing legal framework, as well as opening legal services in India in view of its obligations under the WTO, regional organizations and bilateral agreements.

Sponsoring Committees:
India Committee, Transnational Legal Practice Committee, International Trade Committee

Moderators and Program Chairs:
Robert E. Lutz, II, Southwestern University School of Law, Los Angeles, CA
Erik Wulff, DLA Piper LLP, Washington, DC

Speakers:
Lalit Bhasin, Society of Indian Law Firms, New Delhi, India
Priti Suri, PSA Legal Counsellors, New Delhi, India
Eugene Theroux, Baker & McKenzie LLP, Washington, DC
Daniel Watson, Office of U.S. Trade, Washington, DC

4:30 p.m. – 6:00 p.m.
International Financial Reporting Standards: Implications on Transactions Governed by U.S. GAAP
Business/Transactional; Corporate Counsel

The movement for the U.S. to join the rest of the world in adopting International Financial Reporting Standards (IFRSs) has been hastened by the growing convergence of U.S. GAAP with IFRSs, the increasing use of IFRSs by U.S. companies, and the prospect of formal adoption by the U.S. Both U.S. and foreign lawyers (and particularly transaction lawyers), need to be familiar with the differences in these accounting standards and the impact the differences may have on structuring transactions. A distinguished panel of leading transactional lawyers from the U.S. and Europe will work through a series of hypotheticals.

Sponsoring Committee:
International Securities and Capital Markets Committee, International M&A and Joint Venture Committee

Program Chair:
Stuart H. Deming, Deming PLLC, Washington, DC

Moderator and Program Chair:
Richard Fleck, Herbert Smith LLP, London, United Kingdom

Speakers:
James Palmer, Herbert Smith, London, United Kingdom
William Underhill, Slaughter and May, London, United Kingdom
John White, Cravath, Swaine & Moore LLP, New York, NY

4:30 p.m. – 6:00 p.m.
Strategies for Managing a Customs/Trade Audit in the U.S. and Canada
International Trade/Customs; Regulatory; Young Lawyers

Managing a customs/trade audit can be difficult for the unprepared. U.S. and Canadian customs and trade law experts will discuss the management of a customs/trade audit by providing essential information on: various types of customs/trade audits; how to ensure internal controls and processes are ready for a customs/trade audit; what to expect and how to prepare once an audit notice has been issued; responding to a Pre-Assessment Survey or questionnaire; strategy during an audit on addressing requests for information; and dealing with the auditor’s report. The panel will contrast and compare U.S. and Canadian regulatory requirements in the context of specific types of audits and address related issues such as: corporate downsizing; non-compliance uncovered during a customs/trade audit; and contingent liability/financial disclosure reporting requirements.

Sponsoring Committees:
Customs Law Committee, International Trade Committee

Speaker and Program Chair:
Daniel Kiselbach, Miller Thomson LLP, Vancouver, British Columbia, Canada

Moderator and Speaker:
Dalton Albrecht, Miller Thomson LLP, Toronto, Ontario, Canada

Speakers:
Judy Haggin, J.L. Haggin & Associates Co., Portland, OR
Mike Hodes, Hodes Keating & Pilon, Chicago, IL
Joel Junker, Joel Junker & Associates,
Seattle, WA
Matthew Nolan, Arent Fox, Washington, DC

7:30 p.m. – 10:30 p.m.
Ticketed Event
Dinner/Dance Reception at The New York Public Library
Fifth Avenue and 42nd Street, New York
With thanks to our sponsor Fragomen, Del Rey, Bernsen & Loewy, LLP

Friday, April 16

7:00 a.m. – 6:30 p.m.
Registration

7:45 a.m. – 9:00 a.m.
Continental Breakfast

7:45 a.m. – 8:45 a.m.
Committee Breakfasts

Not sure whether to attend the committee business meetings? If you miss them, you may also be missing the greatest benefit of Section membership. Our more than 60 committees cover every possible aspect of public and private international law. Most of the substantive work of the Section is conducted at the committee level. The committee business meetings provide a great opportunity to meet your colleagues in the Section, learn about and shape committee plans for the year, and become more active in the Section. Section members can join as many committees as they wish - and committee membership is free! Further details concerning the schedule of which particular committees will be meeting will be listed on the Spring Meeting website (www.abanet.org/intlaw/spring10) as well as in the onsite meeting information guide.

8:00 a.m. – 9:00 a.m.
Breakfast at the Bar: Capital Flows and Real Estate
Real Estate

Will Zeckendorf, a leading New York-based real estate executive with Zeckendorf Development, LLC, will share insights regarding prospects for cross-border capital flows in the real estate sector. Will funds be flowing to opportunities in developing markets? Will capital be flowing into the U.S. to take advantage of generational opportunities for acquisitions? Join your peers from real estate practices from around the world for a discussion of these and other issues.

Sponsoring Committee:
Cross-Border Real Estate Practice

Co-Sponsor:
New York State Bar Association International Section Real Estate Transactions Committee

Speaker:
Will Zeckendorf, Zeckendorf Development, LLC, New York, NY

8:00 a.m. – 9:00 a.m.
Breakfast at the Bar: Google Book Search - Will it Change Book Publishing, Copyrights and Class Actions?
Regulatory; Antitrust Law Mini-track

Google Book Search is an unprecedented project to scan and index millions of books in the collections of major university libraries. A class action by some authors and publishers alleges that the project constitutes a massive copyright infringement. A settlement of the litigation may enable the project not just to continue but also to expand into making books themselves available for online purchase, but it also arguably turns copyright law and class actions on their heads. The Google Books settlement raises concerns from many about potential price fixing among publishers, a possible Google monopoly over orphan works, and implications for copyright policy and privacy, as well as questions about the appropriate use of class actions. A distinguished speaker will share his intensive analysis of the Google Book Search and litigation and their implications for copyright and class actions during this breakfast roundtable, building on the discussion on the program “Technology and Innovation: Regulation in the High-Tech Economy” (Thursday, 2:30 p.m. – 4:00 p.m.).

Sponsoring Committees:
International Antitrust Law Committee, International Intellectual Property Law Committee, Canada Committee, China Committee, Mexico Committee, Middle East Committee

Moderator and Program Chair:
Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti, New York, NY

Speaker:
James Grimmelmann, New York Law School, New York, NY

9:00 a.m. – 6:00 p.m.
Committee Business Meetings

Committee Business Meetings allow Committee leaders and members the opportunity to have 50 minutes of uninterrupted time to conduct official committee business and strategic planning. The scheduling of these meetings must be requested and arranged in advance with Tally White, Committees Coordinator. Times will be assigned based upon room availability. These meetings can be in addition to or in lieu of the Committee Breakfast Meetings scheduled for Thursday and Friday.

9:00 a.m. – 10:30 a.m.
Can Carbon Offsets Save the Rain Forest (and Other Ecosystems)?
Regulatory; Business/Transactional; Corporate Counsel; Young Lawyers

Emerging global and national frameworks for mitigation of climate change provide for “carbon offsets” that would satisfy obligations to reduce greenhouse gas emissions (GHGs) in part by investments in “biosequestration,” the uptake and storage of carbon in forests or other ecosystems. Properly designed, a carbon offset system could ensure that such projects simultaneously achieve multiple goals: GHG reductions, wildlife and biodiversity conservation, and local economic benefits. Conversely, a poorly designed system could create perverse incentives that reduce biodiversity, displace local people, and undercut GHG commitments. Can forest carbon offsets achieve a “win-win-win” for climate, biodiversity and development? Leading practitioners and experts will discuss the Copenhagen setting, lessons learned from other ecosystem trading schemes, and the role of lawyers in this complex and evolving regulatory arena.

Sponsoring Committees:
International Environmental Law Committee, International Energy & Natural Resources Committee, Corporate Social Responsibility Committee, Asia/Pacific Committee, India Committee

Program Chair:
Royal C. Gardner, Stetson University College of Law, Gulfport, FL

Moderator and Program Chair:
David R. Downes, U.S. Department of Interior, Washington, DC

Speakers:
George Kelly, Environmental Banc & Exchange, Owings Mills, MD
Leslie Lowe, Interfaith Center for Corporate Responsibility
William L. Thomas, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC
Robert O’Sullivan, Climate Focus, Washington, DC

9:00 a.m. – 10:30 a.m.
Establishing a Successful Outsourced Manufacturing Relationship:
An Interactive Look at the Business Models and Industry Norms Underlying Successful EMS Contract Negotiations
Business/Transactional; Corporate Counsel

This program focuses on understanding outsourced manufacturing transactions from a business perspective to increase the lawyer’s value-add during EMS negotiations, including: the business model of outsourced manufacturing as a SERVICE; the economic realities, financial and business conditions institutionalized in the EMS industry; business risks/cost impacts of specific EMS contract provisions; forecasting, cancellation, supply chain disruptions, lead-time, E&O inventory, unique vs. “popcorn” inventory, vendor management, hubbing, currency fluctuations, cost reduction/sharing, consigned materials, logistics, IP ownership, warranties, epidemic failures, indemnification, termination costs; and special requirements for the manufacturing plant including confidentiality, segregation, and personnel/asset security.

Program Chair:
Fabiano Deffenti, Carvalho, Machado, Timm & Deffenti, São Paulo, Brazil

Moderator and Program Chair:
Sandra T. Carr, Law Offices of Sandra T. Carr, P.C., Boulder, CO

Speakers:
Ron Keith, Riverwood Solutions LLC, Menlo Park, CA
Richard Pelletier, C.P.M., Strategic Sourcing, Procurement & Operations, Denver, CO
Todd Poulsen, Plexus Corporation, Neenah, WI

9:00 a.m. – 10:30 a.m.
Immigration Compliance Initiatives Across the Globe: What’s Happening in Your Region?
Corporate Counsel; Regulatory; Public International Law/Rule of Law; Young Lawyers; Employment Law/Human Resources mini-track

Immigration compliance is increasingly moving to the forefront of considerations by corporate counsel and lawyers advising businesses who seek to hire foreign workers while complying with the laws governing their jurisdiction. In some instances, those laws can vary, and even conflict, at the national, state and local level. As jurisdictions seek to enact or amend their laws and policies to satisfy political, economic and security concerns, compliance with these laws becomes increasingly more difficult and the consequences of non-compliance more substantial for both companies and employees. This panel will focus on major compliance initiatives occurring around the globe, in large commercial centers, and assist employers and their counsel navigate those often complex waters.

Sponsoring Committees:
Immigration and Naturalization Committee, International Employment Law Committee, International Corporate Counsel Committee

Program Chair:
Lisa Ryan, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, NY

Moderator and Program Chair:
Susan Cohen, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA

Speakers:
Graeme Kirk, Gross & Co. Solicitors, Bury St. Edmunds, United Kingdom
Patrick Shen, Fragomen, Del Rey, Bernsen & Loewy, LLP, Washington, DC
Baba Zipkin, International Business Machines, Bethesda, MD
Satyendra Shrivastava, ALMT Legal, Mumbai, India

9:00 a.m. – 10:30 a.m.
Seventh Annual What’s New In International Dispute Resolution—Plus The Art of Cross Examination In International Arbitrations
Dispute Resolution/Litigation; Young Lawyers

This program will review and analyze recent developments in international litigation and arbitration in the U.S. and abroad. The panel will also address the extent to which discovery is available in international arbitrations and the methods for obtaining evidence with a focus on the IBA rules of evidence, 28 USC § 1782 and various arbitral regimes.

Sponsoring Committees:
International Litigation Committee, International Arbitration Committee

Program Chair:
Pierre Yves Gunter, Python & Peter LLP, Geneva, Switzerland

Moderator and Program Chair:
Robert F. Brodegaard, Thompson & Knight LLP, New York, NY

Moderator:
Benjamin H. Sheppard, Jr., University of Houston School of Law, Houston, TX

Speakers:
Lorraine M. Brennan, CPR International Institute for Conflict Prevention & Resolution, New York, NY
Klaus Gunther, Oppenhoff & Partner, Cologne, Germany
Dieter A. Hofmann, Walder Wyss & Partners Ltd., Zurich, Switzerland
Dana MacGrath, Allen & Overy LLP,
New York, NY
Louise Ellen Teitz, Roger Williams University School of Law, Bristol, RI

9:00 a.m. – 10:30 a.m.
The New World of Cross-Border Insolvency
Dispute Resolution/Litigation; Business/Transactional

The recent financial crisis has focused public awareness on global insolvency. An increasing number of multinational firms bankruptcy filings has raised a host of complex cross border issues and challenges for counsel in developing a comprehensive legal strategy. This panel will discuss how the bankruptcy proceedings in Chrysler and General Motors were used to promote a public policy to transform the U.S. auto industry into a 21st century business while preserving jobs. The cutting-edge issues to be discussed include: Was insolvency the only route to save the auto industry? Will bankruptcy be used in the future to save companies that are “too large to fail?” Does government and union control over the post bankruptcy entities have any impact on the proceeding?

Sponsoring Committee:
Canada Committee

Moderators and Program Chairs:
Leonard Gold, Burns & Levinson, LLP, Boston, MA
Vanessa Lantin, Administrative Office of the U.S. Courts, Washington, DC

Speakers:
Steven G. Golick, Osler, Hosksin & Harcourt LLP, Toronto, Ontario, Canada
Honorable Arthur J. Gonzalez, Bankruptcy Court for the U.S. District Court for the Southern District of New York,
New York, NY
Richard Krasnow, Weil, Gotshal & Manges, LLP, New York, NY
Honorable Sarah Pepall, Ontario Superior Court of Justice, Toronto, Ontario, Canada

10:30 a.m. – 11:00 a.m.
“How To” Series: Section Publishing – How to Get Your Name in Print

Do you consider yourself an expert within your practice area of international law? If so, world-wide recognition is at your doorstep, by becoming a published author in one of the ABA Section of International Law’s several publications. Whether you aspire to write a book, a scholarly law review, a succinct news article or an informative committee newsletter, publishing with one of the Section’s publications is an effective way to demonstrate your expertise. At this informational session, the Publications Officer and the editors of The International Lawyer and The International Law News will tell you how to get started on your way as a published author for the ABA Section of International Law.

Speakers and Program Chairs:
Marilyn J. Kaman, Section Publications Officer
Patricia Heard, Co-Executive Editor, The International Lawyer
Beverly Dureus, Co-Executive Editor, The International Lawyer
Russell Kerr, The International Law News
Richard Paszkiet, Deputy Director, ABA Book Publishing

10:30 a.m. – 11:00 a.m.
Networking Break

With thanks to our sponsor
steptoe & johnson LLP

11:00 a.m. – 12:30 p.m.
AIJA Presents: Investing in Commercial Real Estate: Prerequisites, Limits and the Impact of the Financial Crisis
Young Lawyers; Business/Transactional; Regulatory; Real Estate

This session is the first of a two-part program (the second session is from 2:30 p.m. – 4:00 p.m.) covering the highly topical subject of investments in commercial real estate. The complexity of developing commercial real estate presents a lawyer advising a developer or operator with interesting challenges—from land acquisition, through financing, operating permits and leasing. At all of these stages, the lawyer is confronted with complex legal issues which must be solved in a way that fits into the business objectives of—mainly—international clients. Although local in appearance, the commercial real estate business has a truly global dimension. The working session will create an opportunity for practitioners to share their experiences in this field and better understand its global perspectives.

Sponsoring Committee:
Cross-Border Real Estate Practice Committee

Program Chairs and Moderators:
Charlotte Wieser, Baer & Karrer AG, Zurich, Switzerland
Justyna Szpara, Laszczuk & Wspolnicy, Warsaw, Poland

Speakers:
Roger Canals, Jausas Abogados, Barcelona, Spain
Nils Dohler, Moenreo Meyer Marinel-lo, Barcelona, Spain
Martin Forster, Graf & Pitkowitz, Vienna, Austria
Klaus Knipschild, Lur Realis, Frankfurt, Germany
Phillip Skinner, Arnall Golden Gregory LLP, Atlanta, GA

11:00 a.m. – 12:30 p.m.
Cutting Red Tape and Unlocking Blocked Assets: ADR as a Strategic Vehicle in Developing Countries
Public International Law/Rule of Law; Dispute Resolution/Litigation

The International Finance Corporation (IFC), a member of the World Bank Group, is currently implementing a popular Alternative Dispute Resolution (ADR) Global Program. Building on experience from Southern Europe, where the IFC assisted with opening 12 mediation centers and successful resolution of over 2,500 cases, the ADR Global Program puts forth an impressive product line of services for the private sector within and outside the borders of developing countries. Services include establishing a supportive ADR legal framework, creating an in-country pool of well trained mediators, raising awareness about ADR and creating financially sustainable ADR systems. Panelists will discuss the ADR Global Program’s impact, implementation of ADR projects, lessons learned, capacity building strategies, necessary preconditions for ADR set up, and responses of key local stakeholders with a view towards the development of best practices that support and strengthen the Rule of Law in different legal and social contexts.

Sponsoring Committees:
International Legal Resource Center, Rule of Law-Technical Legal Assistance Board

Co-Sponsors:
International Finance Corporation, World Bank Group, Law Society of England & Wales

Program Chair:
Don S. DeAmicis, Ropes & Gray LLP, Boston, MA

Moderator and Program Chair:
Lelia Mooney, Rule of Law Officer, ABA Section of International Law, Washington, DC

Speakers:
Lada Busevac, Advisory Services Southern Europe, International Finance Corporation, Sarajevo, Bosnia
Donna Stienstra, U.S. Federal Judicial Center, Washington, DC
Sevi Simavi, Global Product Leader, Women in Business Program, IFC , Washington, DC
Patricia Sulser, Principal Counsel, IFC , Washington, DC

11:00 a.m. – 12:30 p.m.
Obamanomics: The Economic Underpinnings of the New Administration
Regulatory; International Trade/Customs; Antitrust Law mini-track

President Obama’s administration has taken a new approach to issues in the areas of antitrust law, international trade and financial regulation. This program will examine the economic underpinnings of these developments in a discussion with economists and lawyers both within and outside the administration. Panelists will discuss the advantages and disadvantages of the changes introduced by the new administration.

Sponsoring Committees:
International Antitrust Law Committee, International Financial Products and Services Committee, International Trade Committee

Program Chairs:
Fiona A. Schaeffer, Weil, Gotshal & Manges LLP, New York, NY
David A. Schwartz, Wachtell, Lipton, Rosen & Katz, New York, NY

Moderators:
Robert L. Brown, Greenebaum, Doll & McDonald PLLC, Louisville, KY
Matthew R. Nicely, Thompson Hine LLP, Washington, DC

Speakers:
Bradford L. Ward, Deputy General Counsel, Office of the US Trade Representative, Washington, DC
Dr. Chester Spatt, Center for Financial Markets, Carnegie Mellon Tepper School of Business; Former Chief Economist and Director, Office of Economic Analysis, U.S. Securities and Exchange Commission, Pittsburgh, PA
Kevin J. Stiroh, Research and Statistics Group, Federal Reserve Bank of New York, New York, NY
Terry Calvani, Freshfields Bruckhaus Deringer, Washington, DC

11:00 a.m. – 12:30 p.m.
Personal Liability for Directors and Officers: The Next Wave in “Economic Meltdown” Litigation
Dispute Resolution/Litigation, Business/Transactional; Corporate Counsel; Employment Law/Human Resources mini-track

As deteriorating economic conditions have resulted in waves of company defaults, there is significant personal and sometimes criminal exposure for corporate directors and officers. Outraged shareholders and creditors seek redress from directors and officers for their losses. Should directors and officers deal with these risks by increasing insurance coverage, asset planning, or relying on consultants’ advice? Once insolvency or bankruptcy proceedings are intitated along with their consequent litigation, what corporate and legal issues will arise and how do plaintiffs’ and defendants’ counsel respond? What are counsel’s ethical duties? This roundtable discussion will cover the applicable ethics issues for directors and officers and their corporate attorneys under U.S., E.U., Irish, Mexican, and Latin American law, such as the attorney’s representation of the organization as distinct from representation of its officers or directors, in the context of a hypothetical overleveraged cross-border merger, which resulted in an undercapitalized, insolvent company, while also examining the ensuing D&O indemnification, litigation, and liability issues.

Sponsoring Committees:
International Secured Transactions & Insolvency Committee, International Litigation Committee, Mexico Law Committee

Program Chairs:
Elizabeth O’Connor, Matheson Ormsby Prentice, Dublin, Ireland
Susan Jaffe Roberts, Whiteford Taylor & Preston, LLP, Baltimore, MD

Moderator:
Elena C. Norman, Young Conaway Stargett & Taylor, Wilmington, DE

Speakers:
Pat English, Matheson Ormsby, Prentice, Dublin, Ireland
Yves Hayaux-Du-Tilly Laborde, Jauregi, Navarete y Nader SC, Mexico City, Mexico
William F. Ryan, Whiteford Taylor & Preston LLP, Baltimore, MD

11:00 a.m. – 12:30 p.m.
Renewable Energy—Legal Framework Comparison: North America vs. Europe
Business/Transactional; Regulatory; Young Lawyers

In 1979, President Carter installed solar water heater panels at the White House and said: “In the year 2000, the solar water heater behind me, which is being dedicated today, will still be here, supplying cheap, efficient energy. A generation from now, this solar heater could either be a curiosity, a museum piece, an example of a road not taken. Or it can be just a small part of one of the greatest and most exciting adventures ever undertaken by the American people; harnessing the power of the sun to enrich our lives as we move away from our crippling dependence on foreign oil.” In 1986, President Reagan took down the panels—a symbol for a road not taken by the U.S., but a road well traveled in Europe and other countries. How did renewable energy laws impact these countries’ success stories and what is America doing to catch up?

Sponsoring Committees:
Europe Committee, International Private Client Committee, International Energy & Natural Resources Committee

Moderator and Program Chair:
Wilhelm J. Ziegler, Arnall Golden Gregory LLP, Atlanta, GA

Speakers:
Frederick R. Fucci, Arnold & Porter LLP, New York, NY
Fermin Garbayo Renouard, Gomez-Acebo & Pombo, London, United Kingdom
Allen Garson, Heenan Blaikie, LLP, Toronto, Ontario, Canada
Susanne Schroeder, Dr. Burg & Schroeder, Unna, Germany

12:45 p.m. – 2:15 p.m.
Ticketed Event
Luncheon with Wachtell, Lipton, Rosen & Katz Founding Partner, Mr. Martin Lipton
With thanks to our sponsor Wachtell, Lipton, Rosen & Katz

Martin Lipton is a founding partner of the law firm of Wachtell, Lipton, Rosen & Katz and is widely acknowledged as one of the world’s leading corporate lawyers. Mr. Lipton’s insights will be of interest to anyone curious about current and future developments in corporate law.

2:30 p.m. – 4:00 p.m.
Analyzing Legitimate Expectations in the Context of Fair and Equitable Treatment Claims: Does the Glamis Gold Award Signal a Restoration in the Law of State Responsibility?
Dispute Resolution/Litigation; International Trade/Customs

International law has long provided that a state’s regulatory regime does not create “vested” or actionable rights on behalf of foreign nationals, while international tribunals have interpreted “fair and equitable treatment” obligations in many international investment agreements to require states to refrain from frustrating an investor’s expectations about the legal and regulatory regime governing an investment. The NAFTA Chapter 11 Tribunal in the Glamis case concluded that the only cognizable expectation claims under the fair and equitable treatment provision of NAFTA Article 1105(1) are those based on specific assurances from a NAFTA Party to induce investment. Because the NAFTA Parties expressly tied the pertinent fair and equitable treatment obligation to the minimum treatment standard under international law, the Glamis Tribunal analyzed the fair and equitable treatment claims under traditional rules of State responsibility. Experts on of investment arbitration and public international law will examine Glamis’ impact on analysis of legitimate expectation claims under other investment agreements.

Sponsoring Committees:
International Investment and Development Committee, International Arbitration Committee

Program Chair:
Jennifer Thornton, U.S. Department of State, Washington, DC

Moderator and Program Chair:
Jeffrey D. Kovar, U.S. Department of State, Washington, DC

Speakers:
Mark Clodfelter, Foley Hoag LLP, Washington, DC
Lucinda A. Low, Steptoe & Johnson LLP, Washington, DC
Professor William W. Park, Boston University School of Law, Boston, MA

2:30 p.m. – 4:00 p.m.
A New Global Charter for Ethics in the World Economy? Implications for Corporate Social Responsibility
Public International Law/Rule of Law; Business/Transactional; Regulatory

Responding to the international financial crisis, world leaders have called for greater ethics and integrity in international business and finance. Suggestions in this regard include German Chancellor Angela Merkel’s call for a “global charter” for economic governance that embraces social justice and sustainability, and the Italian Finance Minister support for development of a worldwide “Legal Standard” for ethical business behavior.
The normative aspect of these efforts are now converging as a “Global Standard.” A far-reaching inventory of relevant instruments and initiatives has been prepared by the Organization for Economic Cooperation and Development (OECD) in cooperation with various intergovernmental organizations that set out principles of propriety, integrity and transparency in categories such as corporate governance, market integrity, financial regulation and supervision, tax cooperation, and transparency of macroeconomic policy and data. A panel of OECD officials and experts focusing on corporate responsibility will provide an update and analysis of the “Global Standard” which some commentators have already hailed as key to a fundamental restructuring of the global economic system’s legal and ethical architecture.

Sponsoring Committees:
Corporate Social Responsibility Committee
International Anti-Money Laundering Committee

Moderator and Program Chair:
Dr. Isabella D. Bunn, Regent’s Park College, Oxford University and College of Business, Florida Institute of Technology, Oxford,
United Kingdom

Speaker and Program Chair:
Michael Levine, Epstein Becker & Green, New York, NY

Speakers:
Roel Nieuwenkamp, Director of International Trade and Globalization, Ministry of Economic Affairs of The Netherlands and Vice-Chair of the Investment Committee, Organization for Economic Cooperation and Development
Prof. Larry Catá Backer, The Dickinson School of Law, The Pennsylvania State University, University Park, PA

2:30 p.m. – 4:00 p.m.
Cross-Border Real Estate Transactions in a Slow Market - Part II
Business/Transactional; Regulatory; Real Estate

It is a slow market in cross-border real estate investments, but developing countries still have great needs for investment in the development of residential, commercial and infrastructure projects. Part II of this program features a panel of experienced real estate attorneys and other professionals who will answer questions on key issues affecting real estate investments in developing countries, including restrictions on foreign investment and tax considerations. One area of discussion will focus on the results of the World Bank Group’s recent “Investment Across Borders” global survey. The audience will be encouraged to ask questions and participate in the discussion. If you are involved in, or interested in learning about, cross-border transactions or international investment and development this is a program you will want to attend.

Sponsoring Committees:
Cross-Border Real Estate Practice Committee, International Investment & Development Committee, International Private Clients Committee, International Tax Committee

Program Chairs:
Terry A. Selzer, Stampe Haume & Hasselriis, Copenhagen, Denmark
Marcus Zwicky, Zwicky, Windlin & Partner, Zug, Switzerland

Moderators:
Amy Sommers, Squire Sanders & Dempsey, Shanghai, People’s Republic of China
Duarte de Athayde, Abreu Advogados, Lisbon, Portugal

Speakers:
Ernesto Velarde Danache, Velarde-Danache, Brownsville, TX
Frans Duynstee, Van Mens & Wisselink, Amsterdam, Netherlands (Invited)
Supo Olaibi, Supo Olaibi & Co, Lagos, Nigeria
Laura N. Lavia Haidempergher, M. & M. Bomchil

2:30 p.m. – 4:00 p.m.
Deans’ Roundtable: The International Legal System and its Place in the New Millennium
Law Practice

With globalization, transnational legal practice has become an important feature of the legal profession. This panel of law school deans will address the role of legal education in shaping international law and transnational legal practice and the many challenges brought about by an evolving, inter-dependent and globalized world. Topics addressed will include whether there are compatible approaches to teaching international law from both the civil and common law traditions; challenges and opportunities arising from the use of technology; and the skill sets students need to respond to these challenges of globalization.

Sponsoring Committees:
Asia/Pacific Committee, Europe Committee, International Legal Education and Specialist Certification, Transnational Legal Practice Committee

Program Chairs:
Michael H. Byowitz, Watchell Lipton Rosen & Katz, New York, NY
Louise Ellen Teitz, Roger Williams University School of Law, Bristol, RI

Moderators:
Robert E. Lutz, II, Southwestern Law University School of Law, Los Angeles, CA
Lelia Mooney, Rule of Law Officer, ABA Section of International Law, Washington, DC

Speakers:
John B. Attanasio, Southern Methodist University Dedman School of Law, Dallas, TX
Nora V. Demleitner, Hofstra University School of Law, Hempstead, NY
Claudio Grossman, American University Washington College of Law, Washington, DC
Dean Richard L. Revesz, New York University School of Law, New York, NY
Joan G. Wexler, Brooklyn Law School, Brooklyn, NY

2:30 p.m. – 4:00 p.m.
Executive Compensation in the Wake of the Financial Crisis: What Next?
Corporate Counsel; Business/Transactional; Employment Law/Human Resources mini-track

Executive compensation is inherently a matter of business judgment wherein the board of directors of a corporation determine what is “fair” and reasonable” compensation for the performance of its executive officers. In the wake of the financial crisis however, the “reasonableness” of such board decisions have been heavily scrutinized especially where ailing corporations have had to seek financial help from national governments while honoring what some consider “unreasonable” pre-existing employment contracts with their executive officers. This program will use a case study method to discuss national and international efforts to legislate executive compensation, and assessing the implications of government interference on this realm of business activity. Participants will be involved in various exercises that seek to answer the following questions: Is executive compensation still a matter of business judgment? What are the various national trends towards reform? What is/will be the impact of legislative intervention on the market for high-performing executives?

Sponsoring Committee:
International Employment Law Committee

Program Chair & Moderator:
Anders Etgen Reitz, Magnusson, Copenhagen, Denmark

Moderator:
Marjorie R. Culver, Paul, Hastings, Janofsky & Walker LLP, New York, NY

Speakers:
Thomas Griebe, Taylor Wessing, Hamburg, Germany
Elizabeth I. Hook, Citigroup, New York, NY
Julie Quinn, Nabarro, London, United Kingdom
Dennis Veldhuizen, Greenberg Traurig, LLP, Amsterdam, The Netherlands

2:30 p.m. – 4:00 p.m.
Who Does Competition Law Protect — Competitors or Consumers?
Regulatory; Corporate Counsel; Business/Transactional; International Trade/Customs; Antitrust Law mini-track

Competition laws have been enacted by countries all over the world. Ideally, competition laws seek to protect the competitive process in order to protect consumers. The role of competitor complaints in investigations can present potentially vexing problems as competitors sometimes complain about pro-competitive transactions and conduct rather than anticompetitive ones. This panel will address the main objectives of the competition laws in the U.S., European Union, China and Brazil, analyzing whether recent leading merger and abuse of dominance cases can fairly be characterized as enhancing consumer welfare or can be criticized for seeking to protect competitors.

Sponsoring Committees:
International Antitrust Law Committee, International Corporate Counsel Committee, International Trade Committee, China Committee, Europe Committee, Latin America and Caribbean Committee

Moderator and Program Chair:
Alfredo M. O’Farrell, Marval, O’Farrell & Mairal, Buenos Aires, Argentina

Speaker and Program Chair:
Michael H. Byowitz, Wachtell, Lipton, Rosen & Katz, New York, NY

Speakers:
Claire Jeffs, Slaughter and May, London, United Kingdom
Susan Ning, King & Wood, Beijing, People’s Republic of China
Barbara Rosenberg, Barbosa Musnich & Aragão, Advogados, São Paulo, Brazil

4:30 p.m. – 6:00 p.m.
Bursting the Financial Bubble and Irrational Exuberance: Dealing With the Global Financial Crisis
Regulatory; Business/Transactional

The financial regulatory system that failed to prevent the global financial crisis is about to undergo significant change, which will affect the operations and governance of the international capital markets. Both the U.S. and EU are considering new regulatory authority that may be vested in their central banks or in existing or new bank, securities and other financial service regulators. The U.S. Treasury plan has already faced tough questions in Congress, where leading Committee Chairmen in both the House and Senate have offered their own proposals. The Bank of England and the UK’s Financial Services Authority face questions both at home and with divergent views in the EU. The situation is likely to remain fluid for some time. This expert panel will examine the proposed changes and discuss the effectiveness and prospects of the various “roadmaps” to stabilize the markets and prevent future financial crises.

Sponsoring Committees:
International Securities and Capital Markets Committee, International Financial Products and Services Committee

Moderators and Program Chairs:
Meyer Eisenberg, Columbia Law School and Willamette University College of Law, Potomac, Maryland
Adam Farlow, Allen & Overy LLP, London, United Kingdom

Speakers:
Commissioner Luis Aguilar, Securities and Exchange Commission, Washington, DC
Thomas Baxter, Federal Reserve Bank of
New York, New York, NY
Harvey Goldschmid, Columbia Law School, New York, NY
Giovanni Prezioso, Cleary Gottlieb Steen & Hamilton LLP, New York, NY

4:30 p.m. – 6:00 p.m.
Choice of Law/Forum: U.S., UK, Singapore or Hong Kong
Business/Transactional; Dispute Resolution/Litigation

Choice of law and jurisdiction clauses prescribe which law will apply to a financing transaction and where disputes under various contracts will be resolved. If these classes are not carefully considered and drafted, a project may face delays and disadvantages. A panel of multijurisdictional practitioners and academics will explore the considerations involved in selecting English, New York or local law to govern contract interpretation and dispute resolution. The panelists will draw upon their experience and insights with infrastructure and project finance deals to discuss best practices and how the financial crisis may give rise to novel defenses and enforcement under different legal systems.

Program Chair:
Carlos Mancini, New York, NY

Moderator:
Carlos Mancini, New York, NY

Speakers:
Ana-Mita Betancourt, Inter-American Development Bank, Washington, DC
Estaban C. Buljevich, Pastoriza Eviner Cangueiro Ruiz Buljevich, Buenos Aires, Argentina
Christopher McIsaac, Clifford Chance LLP, Washington, DC

4:30 p.m. – 6:00 p.m.
Post Crisis Challenges to Multinational Corporations in an Employment Law Context
Corporate Counsel; Business/Transactional; Employment Law/Human Resources mini-track

What can a multinational employer do after a financial crisis to re-shape the organization for the future? This session will take an advisory approach to discussing long-term risk planning and post-crisis employment strategies. Questions such as what firing procedure to use (last-in-first-out, first-in-first-out, termination for cause, or a combination of rules), possibilities to changes terms and conditions will also be addressed.

Sponsoring Committee:
International Employment Law Committee

Program Chair:
Anders Etgen Reitz, Magnusson, Copenhagen, Denmark

Moderator:
Ueli Sommer, Walder Wyss & Partners, Zurich, Switzerland

Speakers:
Philip Berkowitz, Nixon Peabody LLP, New York, NY
Fiona Loughrey, Simmons & Simmons,
Hong Kong, SAR, People’s Republic of China
Salli Swartz, Phillips Giraud Naud & Swartz, Paris, France

4:30 p.m. – 6:00 p.m.
Regulating Attorney Conduct in Arbitration: The Search for Transnational Standards
Dispute Resolution/Litigation;  International Trade/Customs; Business/Transactional; Young Lawyers

Misconduct and unethical behavior by counsel in transnational arbitrations have reached epidemic proportions. How should international arbitrators cope with the problem? What are the limits of their powers to sanction counsel? What are the appropriate sources of standards governing attorney conduct? What responsibility do arbitrators have to report misconduct to disciplinary bodies? These and other cutting-edge ethical issues will be explored in a lively demonstration and debate.

Sponsoring Committees:
International Arbitration Committee, International Litigation Committee, Canada Committee

Program Chairs and Moderators:
Marc J. Goldstein, Marc J. Goldstein Litigation and Arbitration Chambers, New York, NY
Pierre-Yves Gunter, Python & Peter LLP, Geneva, Switzerland

Speakers:
Julie Bedard, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY
Dominique Brown-Berset, Brown & Page LLP, Geneva, Switzerland
William G. Horton, Toronto, Ontario, Canada
Kenneth B. Reisenfeld, Patton Boggs, Washington, DC

4:30 p.m. – 6:00 p.m.
Responsibility to Protect—Strategies for Implementation
Public International Law/Rule of Law

Genocide, war crimes, ethnic cleansing and crimes against humanity continue despite international condemnations and efforts. In 2005, at the World Summit, Heads of State and governments recognized that individual states had the primary “Reponsibility to Protect” (R2P) their populations from such atrocities. The most controversial and debated aspect of R2P is the use of military force by other nations, which is allowed by Security Council resolution, only as a last resort. However, R2P is not merely a substitute for humanitarian intervention through the use of force, but entails a threefold responsibility to prevent, react and rebuild. To what extent are the United Nations and member states fulfilling this responsibility? How do R2P norms apply in crisis situations, such as Darfur or Burma? How can the concept be translated into policy by states and the United Nations?

Sponsoring Committees:
Corporate Social Responsibility Committee, Immigration and Naturalization Committee, International Human Rights Committee

Moderator and Program Chair:
Ellen G. Yost, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, NY

Program Chair and Speaker:
Elizabeth DeFeis, Seton Hall University, School of Law, Newark, NJ

Speakers:
Francis Deng, Special Advisor for the Prevention of Genocide and Mass Atrocities, United Nations, New York, NY (Invited)
Richard Dicker, Human Rights Watch, New York, NY
Edward Luck, Special Advisor on Responsibility to Protect, United Nations, New York, NY
Patricia O’Brien, Under-Secretary-General for Legal Affairs and the Legal Counsel, United Nations, New York, NY

4:00 p.m. – 4:30 p.m.
“How To” Series: Developing Programs with the Section

Do you have an idea for a program that is timely and topical? If so, then attending this nuts and bolts of how to develop programs for the Section will be instrumental in helping you to develop your proposal. Member and committee involvement through the development of programming continues to be the lifeline of the Section; whether it be for a seasonal meeting, a brown-bag, podcast, webcast, teleconference or stand-alone, or a combination, for CLE or not, there are ample opportunities for your program idea to take flight. Join us to learn more about how to chart the course of your proposal.

Speakers and Program Chairs:
Yee Wah Chin, Section Programs Officer
Steven M. Richman, Deputy Officer, Programs Committee
Marcy Stras, Deputy Officer, Programs Committee

4:00 p.m. – 4:30 p.m.
“Meet the Authors”

The Section of International Lawyer’s book authors and editors will be able to meet with you in person to discuss their books and address any questions you may have on their books. All Section books will be available for purchase in the exhibit hall.

7:30 a.m. – 9:30 a.m.
Section Council Continental Breakfast

4:00 p.m. – 4:30 p.m.
Networking Break

6:00 p.m. – 8:00 p.m.
Ticketed Event
Chair’s Closing Reception at the Grand Hyatt New York

10:30 p.m. – 12:30 a.m.
After-Hours Reception at Flute Bar & Lounge, Gramercy
 40 East 20th Street, New York
With thanks to our sponsor the Association Internationale des Jeunes Avocats/International Association of Young Lawyers (AIJA)

Not ready to say goodbye?  Join Section members new and old at this after-hours event later in the evening following the Chair's Closing Reception.  All Spring Meeting attendees are invited!  Stop by to unwind and raise a glass to celebrate another exciting and successful Spring Meeting.

Saturday, April 17

8:30 a.m. - 10:00 a.m.
Public Forum on Offshore Outsourcing of Legal Services

Please join the ABA Section of International Law, the Section's Task Force on Outsourcing and the ABA's Ethics 20/20 Commission for a public forum on offshore outsourcing of legal services, which is one of the critical phenomena potentially affecting the future of legal practice and client service. The forum is designed to gather viewpoints for the Section's Leadership Council, which is considering the formulation of policy recommendations to the larger ABA. The forum will include brief presentations from a panel involved with outsourcing issues and will also encourage audience statements and participation regarding views on outsourcing as they relate to legal practice. The focus will be on ethics issues arising from offshore legal process outsourcing.

9:00 a.m. – 1:00 p.m.
Section Council Meeting

ABA International’s Council, the Section’s policy-making body, will debate major policy initiatives and be addressed by many visiting dignitaries and bar leaders from outside the U.S. The Council Meeting is open to all Spring Meeting registrants; everyone is encouraged to attend.