Program Agenda

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

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.

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.