Program Agenda

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

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

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

12:20 p.m. – 1:20 p.m.
Lunch

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

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

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

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

Wednesday, April 14

7:00 a.m. – 6:30 p.m.
Registration

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.
Networking Break
With thanks to our sponsor Matheson Ormsby Prentice

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

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. – 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.
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

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.
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

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

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.
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

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.

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

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.
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

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.
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

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

Saturday, April 17

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