Program Agenda

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

Wednesday, April 14

7:00 a.m. – 6:30 p.m.
Registration

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

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

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

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

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

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

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

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

Sponsoring Committees:
Asia/Pacific Committee, India Committee

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

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

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

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

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

Sponsoring Committee:
International Litigation Committee

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

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

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

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

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

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

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

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

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

Sponsoring Committee:
International Courts Committee, National Security Committee 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sponsoring Committees:
International Arbitration Committee; International Litigation Committee

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

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

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

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

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

Sponsoring Committee:
International Law Practice Management Forum

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

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

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

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

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

Co-Sponsor:
ABA Center for Human Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sponsoring Committee:
International Law Practice Management Forum

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sponsoring Committee:
Middle East Committee

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

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

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

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

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

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

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

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

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

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

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

Sponsoring Committee:
International Tax Committee

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

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

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

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

Sponsoring Committee:
International Law Practice Management Forum

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

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

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

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

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

Sponsoring Committee:
International Litigation Committee

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

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

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

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

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