Program Agenda

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

Wednesday, April 14

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

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

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

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

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

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

Thursday, April 15

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

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

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

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

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.
“How To” Series: Policy and the Section

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

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

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

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

Friday, April 16

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. – 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.
“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

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.
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.
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.
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

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.
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

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.

4:30 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