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

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

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.

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.
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

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

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

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.
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.
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.
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

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.
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

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.
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.
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

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.

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.
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

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.
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.
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

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

Saturday, April 17

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