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ABA Section of International Law Fall 2014 Meeting (Buenos Aires, Argentina)

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The American Bar Association, Section of International Law's 2014 Fall Meeting was held at the Buenos Aires Hilton in Argentina. The International Human Rights Committee sponsored or co-sponsored four panel discussions. The IHRC's 2-part panel discussion on Freedom of the Press and the Law were the highest attended programs of the week!

Special Thanks to IHRC CO-CHAIRS Elizabeth "Liz" Turchi and Joseph "Joe" Federici; IHRC VICE CHAIRS Gregory MacKenzie (Moderator) and Catherine "Cathy" Vernon (Speaker); PANEL SPEAKERS & MODERATORS: Marissa Farsi, Kevin Fandl, Anamaria Dutceac Segesten, Gonzalo Smith, Thomas A. Valenti, Robert Cox, Andres D'Alessandro, Daniel Seckman, John Folks, Muria Gonzalez, Leila Mooney, Gerardo Noto, and William Black; and everyone else who help coordinate and/or participate in the ABA SIL Fall Meeting 2014. Without you, none of it would have been possible.

ABA IHRC Programs
http://inthumrights.blogspot.com/p/ihrc-programs.html

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ABA Section of International Law Fall 2014 Meeting (Buenos Aires, Argentina)

  1. 1. FALL MEETING BUENOS AIRES 2014 A R G E N T I N A H I L T O N B U E N O S A I R E S O C T O B E R 2 1 - 2 5 , 2 0 1 4 Onsite Meeting Program Primary Meeting Sponsor
  2. 2. TABLE OF CONTENTS Letter from the Chairs 2 2014 Fall Meeting Planning Committee . .4 2014 Fall Meeting Sponsors and Exhibitors 10 2014 Fall Meeting Cooperating Entities 16 Meeting Agenda Tuesday, October 21 22 Wednesday, October 22 . 24 Thursday, October 23 . 38 Friday, October 24 . 53 Saturday, October 25 . 68 General Information 72 Mark Your Calendar Inside Back Cover Ambar.org/ILFall2014 1
  3. 3. For the most up-to-date information, p 2 lease visit: LETTER FROM THE CHAIRS LETTER FROM THE CHAIRS Dear Colleagues, On behalf of the ABA Section of International Law (“The Section”), we are pleased to extend you a warm welcome to a very special Fall Meeting in Buenos Aires. The Section’s Fall Meeting is one of the world’s most important gatherings of international lawyers and we are glad that you have chosen to be with us! While you are in Buenos Aires, you will never stand still! Tuesday evening will feature our new Hospitality Night at the homes of attorneys from Buenos Aires (please note this reception was complimentary, but subject to space, so you will have been notified prior to the conference if you were selected to participate in this reception). On Wednesday early morning we have our soon to be “traditional” 5k Run/2k Power walk. Even if you did not pre-register for this event, or are a sporadic jogger, we encourage you to participate! During the week we have over 70 fantastic continuing legal education sessions with world-class speakers ranging from Business Disputes to Rule of Law. You especially do not want to miss out on the 4.5 Credits of Ethics CLE! Programs approved for Ethics CLE are noted in the following pages. In the evenings, we hope that you enjoy our wonderful networking opportunities around Buenos Aires. Wednesday is our Opening Reception at the Hilton Buenos Aires, followed by optional Committee dinners, Thursday will carry a special treat at the Palacio Paz (transportation provided), and Friday we will dance the night away at the Chair’s Closing Reception/Dinner/Dance at the Yacht Club Puerto Madero (only a short walk from the Hilton hotel). We have also planned daily activities around Buenos Aires for registered spouses, significant others and guests. The Section’s 60+ committees are its true heart, and the committees will be front and center at this Meeting. Committee meetings and dinners are open to everyone registered, regardless of whether you are already a committee
  4. 4. LETTER FROM THE CHAIRS member. Each provides a great opportunity to meet with leaders in the field and to make contacts that can last a lifetime. Please speak with the staff members at the registration desk for more information. We want to especially thank the Buenos Aires City Chapter for their tremendous and continued support in bringing the Section’s Fall Meeting to this great city. Your work has truly made a difference and we thank you for your hard work and dedication to our Section. We thank you all for joining us in the magical city of Buenos Aires and look forward to sharing the coming days with you! Sincerely, Marcelo Bombau Chair, ABA Section of International Law Manuela Cavallo Fabian Pal Marcos Ríos Sara Sandford 2014 Fall Meeting Steering Committee Carlos Velázquez de León Ambar.org/ILSpring2014 3
  5. 5. STEERING COMMITTEE, HOST COMMITTEE AND PLAN PLANNING COMMITTEE 4 For the most up-to-date information, p lease visit: PLANNING COMMITTEE Current as of 10/3/2014 Section Chair Marcelo Bombau • M. & M. Bomchil Abogados • Buenos Aires, Argentina Steering Committee Robert L. Brown • Bingham Greenebaum Doll LLP • Louisville, Kentucky, USA Christine M. Castellano • Ingredion Incorporated • Westchester, Illinois, USA Manuela Cavallo • Portolano Cavallo Studio Legale • Rome, Italy Taylor Croley • American Bar Association Section of International Law • Washington, DC, USA Michelle Mattingly • American Bar Association Section of International Law • Washington, DC, USA Dixon F. Miller • Porter Wright Morris & Arthur LLP • Columbus, Ohio, USA Lelia Mooney • Partners for Democratic Change • Washington, DC, USA Fabian Pal • Fowler White Burnett • Miami, Florida, USA Steven Richman • Duane Morris LLP • Princeton, New Jersey, USA Marcos Ríos • Carey • Santiago, Chile Sara Sandford • Garvery Schubert Barer • Seattle, WA, USA Jessica Smith • American Bar Association Section of International Law • Washington, DC, USA Walter Stuber • Walter Stuber Consultoria Jurídica • São Paulo, Brazil Carlos Velázquez de León • Basham Ringe Y Correa SC • Monterrey, Mexico Buenos Aires Honorary Host Committee Roberto P. Bauzá • Rattagan, Macchiavello, Arocena & Peña Robirosa • Buenos Aires, Argentina Horacio E. Beccar Varela • Estudio Beccar Varela • Buenos Aires, Argentina Hernán Camarero • Richards, Cardinal, Tützer, Zabala & Zaefferer • Buenos Aires, Argentina Alejandro Ciero • Tanoira Cassagne Abogados • Buenos Aires, Argentina Pablo Crescimbeni • Curutchet-Odriozola Abogados • Buenos Aires, Argentina Saúl Feilbogen • VMF Vitale Manoff & Feilbogen • Buenos Aires, Argentina Pablo Ferraro Mila • GFM Gonzalez & Ferraro Mila • Buenos Aires, Argentina Adrián Furman • M. & M. Bomchil • Buenos Aires, Argentina Guillermo Malm Green • Brons & Salas Abogados • Buenos Aires, Argentina Hernán Slemenson • Marval O´Farrell & Mairal • Buenos Aires, Argentina Gerardo Viramonte (jr) • Viramonte & Asociados • Córdoba, Argentina Laurence P. Wiener • WSC Wiener-Soto- Caparros • Buenos Aires, Argentina Buenos Aires Planning Committee Mariana Ardizzone • Maciel, Norman & Asociados • Buenos Aires, Argentina Felipe Arlía Goyeneche • Brons & Salas • Buenos Aires, Argentina Vanesa Balda • Vitale, Manoff & Feilbogen • Buenos Aires, Argentina Mariela Caparrós • Wiener Soto Caparrós • Buenos Aires, Argentina Carlos Cernusco • Caballero, Rodriguez de la Puente & Laguinge • Córdoba, Argentina Gustavo Cedrone • Mitrani Caballero Ojam & Ruiz Moreno • Buenos Aires, Argentina Alejandro Chiappe • Grant Thornton Argentina • Buenos Aires, Argentina Juan María Del Sel • Fontán Balestra & Asociados • Buenos Aires, Argentina Marcelo Etchebarne, • Cabanellas Etchebarne Kelly • Buenos Aires, Argentina Javier Etcheverry Boneo • Marval, O’Farrell & Mairal • Buenos Aires, Argentina Fernando Gamiz • BDO Argentina • Buenos Aires, Argentina Cristián Fox • Allende & Brea • Buenos Aires, Argentina Laura Lavia Haidempergher • M. & M. Bomchil • Buenos Aires, Argentina Mariela Melhem • Mitrani Caballero Ojam & Ruiz Moreno • Buenos Aires, Argentina
  6. 6. PLANNING COMMITTEE NING COMMITTEE Santiago M.J.A. Nicholson • Nicholson y Cano • Buenos Aires, Argentina Alfredo O’Farrell • Marval, O’Farrell & Mairal • Buenos Aires, Argentina Jorge Ortiz • Ortiz y Asociados • Buenos Aires, Argentina Alejandro Poletto • Estudio Beccar Varela • Buenos Aires, Argentina Alexia Rosenthal • Tanoira Cassagne Abogados • Buenos Aires, Argentina Julio Rivera (jr) • Estudio Rivera • Buenos Aires, Argentina Diego Serrano Redonnet • PAGBAM • Buenos Aires, Argentina Aaron Schildhaus • Law Offices of Aaron Schildhaus • Washington, DC Pablo Vergara del Carril • Zang, Bergel & Viñes • Buenos Aires, Argentina Marketing Committee (and also members of the Planning Committee) Carlos Velázquez de León • Basham Ringe Y Correa SC • Monterrey, Mexico Manuela Cavallo • Portolano Cavallo Studio Legale • Rome, Italy Fabian Pal • Fowler White Burnett • Miami, Florida, USA Christine M. Castellano • Ingredion Incorporated • Westchester, Illinois, USA Preeti Khanna • Berkeley School of Law • California, USA Romina Redondo • Boston University / Universidad de Buenos Aires • Boston, Massachusetts, USA Saúl Feilbogen • VMF Vitale Manoff & Feilbogen • Buenos Aires, Argentina Sunita Doobay • TAXCHAMBERS, Tax Lawyers and Advisors • Toronto, Canada Eduardo Benavides • Berninzon & Benavides Abogados • Lima, Perú Lilian Vargas • Fimient • Chaco, Argentina Quinn Smith • Gomm and Smith PA • Miami, Florida, USA Diane Penneys Edelman • Villanova University School of Law • Villanova, Pennsylvania, USA Susan M. Wyckoff • Counsil, Baradel, Kosmeri & Nolan P.A. • Annapolis, Maryland, USA Sohom Datta • New York University Law School • New York, NY, USA Sponsorship Committee (and also members of the Planning Committee) Manuela Cavallo • Portolano Cavallo Studio Legale • Rome, Italy Diane Penneys Edelman • Villanova University School of Law • Villanova, Pennsylvania, USA Thomas H. Norgaard • Debevoise & Plimpton LLP • New York, New York, USA Fabian Pal • Fowler White Burnett • Miami, Florida, USA Marcos Ríos • Carey • Santiago, Chile Hedwin Salmen-Navarro Esq. • Salmen Navarro & Lavergne, P.C. • New York, New York, USA Sara Sandford • Garvery Schubert Barer • Seattle, Washington, USA Quinn Smith • Gomm and Smith PA • Miami, Florida, USA Carlos Velázquez • Basham Ringe Y Correa SC • Monterrey, Mexico Planning Committee Francisco Abriani • Freshfields Bruckhaus Deringer US LLP • New York, New York, USA Fernando Aguirre • Bufete Aguirre Soc. Civ • La Paz, Bolivia Imran Ahmad • Cassels Brock Lawyers • Toronto, Canada Roncevert Almond • The Wicks Group, PLLC • Washington, DC, USA Francisco Aninat • Bofill Escobar Abogados • Santiago, Chile Juan Martín Arocena • Rattagan, Macchiavellp Arocena & Pena Robirosa • Buenos Aires, Argentina Darnella Banks • New York, New York, USA Jeffery A Barnes • Borden Ladner Gervais LLP • Toronto, Canada Shawn Bates • American University • Washington, DC, USA Eduardo Benavides • Berninzon & Benavides Abogados • Lima, Peru Ambar.org/ILFall2014 5
  7. 7. PLANNING COMMITTEE 6 For the most up-to-date information, p lease visit: PLANNING COMMITTEE Althia O. Bennett, Esquire • Law Offices of Althia O. Bennett, LLC • Philadelphia, Pennsylvania, USA William R. Black • W Black Law • Coto de Caza, California, USA Ingrid Busson • Morgan Stanley • New York, New York, USA Dario Cadena • Wiesner & Asociados • Bogotá, Colombia Otavio Carneiro • Veirano Advogados • Rio de Janeiro, Brazil Aurora Cassirer • Troutman Sanders LLP • New York, New York, USA Francisco Cerezo • Foley & Lardner LLP • Miami, Florida, USA Cecil Saehoon Chung • Yulchon LLC • Seoul, Korea Mykell Clem • Louisiana 4th Circuit Court of Appeals • New Orleans, Louisiana, USA Domenica Colella • Orsingher Ortu – Avvocati Associati • Rome, Italy Mattia Colonnelli de Gasperis • Colonnelli de Gasperis Studio Legale • Milan, Italy Mariano A. Conde de Frankenberg • Reed & Scardino LLP • Austin, TX, USA Jim Cornwell • Sands Anderson PC • Christiansburg, Virginia, USA Ignasi Costas • Rousaud Costas Duran SLP • Barcelona, Spain Sohom Datta • New York University Law School • New York, NY, USA Vasco de Jesus Rodrigues • VJR International Legal Consulting • São Paulo, Brazil Russell W. Dombrow, Esq. • Dombrow Law Firm • Syracuse, New York, USA Nicole Duclos • Covington & Burling LLP • New York, New York, USA Stanley W. Elkind, Q.C. • McLean and Kerr LLP • Toronto, Canada R. D. (“Don”) Estes • Estes Law Firm P.A • Minneapolis, Minnesota, USA Rubén Ferrer • GOMEZ-ACEBO & POMBO LLP • New York, New York, USA Tina Gaynor • Florida Coastal School of Law • Florida, USA Aureliano Gonzalez-Baz • Bryan Gonzalez Vargas & Gonzalez Baz • Mexico Peggy Kubicz Hall • Greene Espel P.L.L.P. • Minneapolis, Minnesota, USA Lucila Hemmingsen • DLA Piper • New York, New York, USA Chai Hoang • Hofstra University School of Law/Hofstra University Frank G. Zarb School of Business • USA Christina Hultsch • Porter Wright Morris & Arthur LLP • Columbus, Ohio, USA Kristen Hunsberger • California Rural Legal Assistance • Oxnard, California, USA William P. Johnson • Saint Louis University • St. Louis, Missouri, USA Greg Kanargelidis • Blake, Cassels & Graydon LLP • Toronto, Canada Sacha A. Kathuria, Esq. • International Group Marketing • Greensburg, Pennsylvania, USA Carolyn A. Knox • Veirano Advogados • Rio de Janeiro • Brazil Prof. dr. Marielle Koppenol-Laforce (M.E.) • Houthoff Buruma • Rotterdam,The Netherlands Zoe Sophia Kugeares, JAGC, USNR • U.S. European Command Headquarters/ECJA • Stuttgart, Germany Diana Laskaris • Chicago, Illinois, USA Barton Legum • Dentons • Paris, France Luis E. Lucero • Marval, O’Farrell & Mairal • Buenos Aires, Argentina Robert E. Lutz • Southwestern Law School • Los Angeles, California, USA Andrew J. Markus • Carlton Fields • Miami, Florida, USA Michael L. Martinez • Marriott International, Inc. • Bethesda, Maryland, USA Nancy Matos • Baker and McKenzie • Amsterdam, The Netherlands Bruce A. McDonald • Buchanan Ingersoll & Rooney PC • Alexandria, Virginia, USA Meaghan McGrath Sutton • Washington, DC, USA John L. Murino • Crowell & Moring LLP • Washington, DC, USA Andrés Nieto Sánchez de Tagle • Von Wobeser y Sierra S.C. • Mexico City, Mexico Janis L. Nordstrom • Foley & Lardner LLP • Miami, Florida, USA (continued)
  8. 8. PLANNING COMMITTEE Thomas H. Norgaard • Debevoise & Plimpton LLP • New York, New York, USA Allyson Harris Owens • Howard County Office of Law • Elliott City, Maryland, USA Marcelo Freitas Pereira • CWTP Sociedade de Advogados • São Paulo, Brazil Nikolaus Pitkowitz • GRAF & PITKOWITZ • Vienna, Austria Joseph L. Raia • Gunster • Miami, Florida, USA Kevin P. Ray • Greenberg Traurig, LLP • Chicago, Illinois, USA Jörg Rehder • Schiedermair Rechtsanwalt • Frankfurt, Germany Mikhail Reider-Gordon • Navigant • Los Angeles, California, USA John D. Roesser • Alston & Bird LLP • New York, New York, USA Martina Rozumberkova, AVA, CBA, CFE, CAMS • BDO • Boston, Massachusetts, USA Maria Cibele Crepaldi Affonso dos Santos • CWTP Sociedade de Advogados • São Paulo, Brazil Lisa Savitt • Crowell and Morring • Washington, DC, USA Peter S. Selvin • TroyGould PC • Los Angeles, California, USA Mara Senn • Arnold Porter • Washington, DC, USA Charles Siegel • Waters Kraus • Dallas, Texas, USA Patrick F. Speice, Jr. • Academi • McLean, Virginia, USA Margaret (Peggy) Taylor • U.S. Department of Justice • Washington, DC John Tollefsen • Tollefsen Law PLLC • Lynnwood, Washington, USA Jose Alejandro Torres • Posse Herrera Ruiz • Bogota, Columbia Maximiliano J. Trujillo • Tonio Burgos & Associates • Washington, DC, USA Alexandre Valle • V,M&L Sociedade de advogados • São Paulo, Brazil Sidney N. Weiss • Weiss Law • New York, New York, USA Prof. Mark E. Wojcik • The John Marshall Law School • Chicago, Illinois, USA Erik Wulff • DLA Piper • Washington, DC, USA Markus Zwicky • Zwicky Windlin and Partners • Zug, Switzerland Ambar.org/ILFall2014 7
  9. 9. SPONSORS AND EXHIBITORS 10 For the most up-to-date information, p lease visit: SPONSORS AND EXHIBITORS SPONSORS AND EXHIBITORS Primary Meeting Sponsor Gold Sponsor Premier Media Partner Online Media Partners Wednesday Welcome Reception Sponsor Thursday Palacio Paz Reception, Tango Lessons, Malbec Wine, Buenos Aires City Excursion Sponsors
  10. 10. SPONSORS AND EXHIBITORS Thursday Palacio Paz Reception, Tango Lessons, Malbec Wine, Buenos Aires City Excursion Sponsors (continued) Ambar.org/ILFall2014 11
  11. 11. SPONSORS AND EXHIBITORS (continued) 12 For the most up-to-date information, please visit: SPONSORS AND EXHIBITORS Friday Yacht Club Reception Sponsors Wednesday Luncheon Sponsors Thursday Luncheon Sponsor Program Materials Sponsor Panel Sponsor
  12. 12. SPONSORS AND EXHIBITORS Hotel Key Cards & Welcome Flyers Sponsor Lanyard Sponsor Conference Pads & Pens Sponsor Conference Ipad Holder Insert Sponsor Country Sponsors Luxembourg Switzerland Mexico Ireland Italy Exhibitor Ambar.org/ILFall2014 13
  13. 13. 14 SPONSORS AND EXHIBITORS (continued) SPONSORS AND EXHIBITORS Meeting Supporters Publicity Sponsors Platinum Argentine Media Sponsor
  14. 14. SPONSORS AND EXHIBITORS Media Sponsors Ambar.org/ILFall2014 15
  15. 15. COOPERATING ENTITIES COOPERATING ENTITIES For the most up-to-date information, p 16 lease visit:
  16. 16. COOPERATING ENTITIES Ordem dos Advogados do Brasil - Seção de São Paulo Ambar.org/ILFall2014 17
  17. 17. 18 COOPERATING ENTITIES (continued) COOPERATING ENTITIES
  18. 18. MEETING AGENDA TUESDAY, OCTOBER 21 TUESDAY, OCTOBER 21, 2014 All programs are located on the 5th floor unless otherwise noted. 12:00 pm – 7:30 pm 5th Floor Meeting Desk Fall Meeting Registration Open 12:00 pm – 3:00 pm Buen Ayre A, 2nd Floor Council Meeting The Council is the Section’s policy making body. At this meeting the Council will debate major policy initiatives and will be addressed by visiting dignitaries and bar leaders. The Council Meeting is open to all Fall Meeting registrants. 3:30 pm – 5:00 pm Pacara A Get in the Driver’s Seat: What is Driving Changes in the Legal Marketplace LEGAL PRACTICE / ETHICS The Canadian Bar Association has undertaken the CBA Legal Futures Initiative which is a research and development initiative to gain a better understanding of the future practice environment for lawyers. Significant changes are underway in the legal marketplace and new models for the practice of law are emerging. In this new legal marketplace there will be front seat drivers and those along for the ride. The CBA is taking a driver’s role and is pursuing a comprehensive knowledge-based, client focused, lawyer-driven initiative that has surveyed a broad cross-section of stakeholders. The final report is to be released in August 2014. This program will share what has been learned and where the legal profession is going. Presented in Conjunction with Moderator & Program Chair: Cyndee Todgham-Cherniak, Lexsage LLC, Toronto, ON, Canada Speaker: Fred Headon, Air Canada, Montreal, QC, Canada 3:30 pm – 5:00 pm Pacara B Challenges for Women Professionals in the 21st Century LEGAL PRACTICE / ETHICS Join us for a lively conversation between an Argentine Supreme Court Justice, a future ABA President and a former Section of International Law Chair. These three panelists from the private and public sector will share their experience, thoughts and feelings regarding the challenges that women professionals face in these modern times. The audience is open to men and women willing to analyze how women are playing a significant and increasing role in today´s workplace and economy and the constant challenge of work/life balance. Primary Sponsoring Committee: Women’s Interest Network (WIN) Program Chairs: Mariela del Carmen Caparrós, Wiener • Sotos • Caparrós, Buenos Aires, Argentina Alexia Rosenthal, Tanoira Cassagne Abogados, Buenos Aires, Argentina Vanesa Balda, Vitale, Manoff & Feilbogen, Buenos Aires, Argentina Moderator: Meaghan McGrath Sutton, International Finance Corporation, Washington, DC Speakers: Paulette Brown, Edwards Wildman Palmer LLP, Morristown, NJ Gabrielle Buckley, Vedder Price, P.C., Chicago, IL Elena Highton de Nolasco, Argentine Supreme Court Justice, Buenos Aires, Argentina For the most up-to-date information, p 22 lease visit:
  19. 19. TUESDAY, OCTOBER 21 3:30 pm – 5:00 pm Alerce Pathways to Employment in International Law (NON-CLE) Join us for this “How to” program for both young lawyers seeking to bring their skills to the global arena and experienced practitioners who wish to expand their practices into international law. Top practitioners speak frankly about their formative experiences and tips they have for developing an international practice. Primary Sponsoring Committee: Young Lawyers’ Interest Network (YIN) Program Chair: Angela Benson, American Bar Association, Washington, DC Speakers: Hedwin Salmen-Navarro, Salmen Navarro & Lavergne, P.C., New York, NY Aaron Schildhaus, Women Empowerment Now, Buenos Aires, Argentina 5:00 pm – 6:30 pm Buen Ayre A, 2nd Floor Speed Networking Start the Fall Meeting by meeting ABA International 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 other members and create future 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! By the time the session is over you’ll be well on your way to collecting a fist-full of business cards from the Fall Meeting and building a new network in ABA International. 7:00 pm – 10:00 pm Home Hospitality Reception Members of the Buenos Aires legal community will host Fall Meeting attendees at their homes for a “Hospitality Night.” This event is open to those who pre-registered; onsite registration is not available. Ambar.org/ILFall2014 23
  20. 20. MEETING AGENDA (continued) WEDNESDAY, OCTOBER 22 WEDNESDAY, OCTOBER 22, 2014 6:50 am – 8:00 am 5k Run/2k Power Walk Ticketed Event—$35 Join us for a 5k Run/2k Power Walk through the riverside area of Buenos Aires. Fee includes refreshments & commemorative T-shirt. This event will begin at 6:50 am sharp from the hotel’s main entrance. 8:00 am – 7:00 pm 5th Floor Meeting Desk Registration Desk Open 8:00 am – 7:00 pm 5th Floor Foyer Exhibit Hall Open 8:00 am – 8:50 am Buen Ayre C, 2nd Floor Continental Breakfast & Committee Breakfast Meetings Sponsored by: Join us for business meetings of many of ABA International’s committees (“the engines of the Section”). Learn about committee activities and opportunities to become more active in the Section. If you have any questions about planning for this event, please contact Jonathan Lewis at jonathan.lewis@ americanbar.org. A selection of pastries, fruits, juices, coffee & tea will be provided. 9:00 am – 10:30 am Pacara B IP Licensing in Brazil and Argentina: Problems and Opportunities BUSINESS / REGULATION / COMPLIANCE This program explores legal and practical aspects of technology transfer operations with a special focus on Brazil and Argentina. In Brazil, for instance, governmental approvals of technology transfer contracts are required, the concept of technology license (as opposed to definitive assignment) is not accepted and permanent confidentiality obligations are not permitted. In Argentina, there are de facto restrictions that may prevent an Argentinian licensee from remitting payments due under these contracts outside the country. The panelists will provide a detailed view of applicable restrictions and discuss the alternatives that can be considered and implemented by the companies in order to negotiate safe and feasible contracts. Primary Sponsoring Committee: International Intellectual Property Rights Committee Co-Sponsoring Committee: Latin American and Caribbean Committee Program Chair & Speaker: Daniel McGlynn, Emcore Corporation, Albuquerque, NM Program Chair & Moderator: Carlos Eduardo Eliziário de Lima, Dannemann Siemsen Advogados, São Paulo, Brazil Speakers: Pedro Berkenwald, Berken IP, Buenos Aires, Argentina (Invited) Adriana Grecco, Mercedes-Benz, São Paulo, Brazil (Invited) For the most up-to-date information, p 24 lease visit:
  21. 21. WEDNESDAY, OCTOBER 22 9:00 am – 10:30 am Jacaranda PE/VC in Latin America: Challenges and Opportunities in a Growing but Challenging Market BUSINESS / REGULATION / COMPLIANCE The Latin American environment for PE/ VC investments has been developing rapidly since the beginning of the 21st century. In the past few years the industry has witnessed many well-known international PE/VC sponsors invest in Latin America, primarily in the consumer, infrastructure, finance, technology and real estate industries. Our panel will introduce and outline the Latin American framework for PE/VC investing, and discuss the challenges and opportunities of this business, focusing particularly on the unique issues of the region including perceptions of domestic and international investors, participation of local pension funds, realities of exit strategies, governance arrangements, fund formation and operation, and emerging issues that will concern all potential PE/VC investors in Latin America. Primary Sponsoring Committee: International Private Equity and Alternative Investments Committee Co-Sponsoring Committee: International Investment and Development Committee Program Chairs & Speakers: Cathleen McLaughlin, Allen & Overy, New York, NY João Otávio Pinheiro Oliverio, Campos Mello Advogados, São Paulo, Brazil Moderator: David Silk, Wachtell, Lipton, Rosen & Katz, New York, NY Speaker: Gabriel Cohen, Pampa Energia, Buenos Aires, Argentina 9:00 am – 10:30 am Pacara A Sovereign Debt Enforcement: The U.S. Supreme Court Wades Into the Argentinian Default Case DISPUTE RESOLUTION / LITIGATION; PUBLIC INTERNATIONAL LAW / RULE OF LAW This exciting program has a balanced panel that will update you on the recent progression of this issue before the U.S. Supreme Court and the reaction by Argentina to a string of adverse U.S. court decisions. Is this attempt to avoid sovereign debt repayment a battle of political will or of selected country laws? Is selection of laws in favor of unfriendly jurisdiction’s located thousands of miles from the debtor nation fair to a country’s struggling efforts? Is Argentina truly struggling? Why is Argentina any different than other nations that have been forced to honor their sovereign debt obligations with austerity and brutal economic change? Primary Sponsoring Committee: International Financial Products & Services Committee Co-Sponsoring Committees: International Commercial Transactions, Franchising and Distribution, International Courts Committee, International Investment and Development Committee, International Litigation Committee, International M&A and Joint Venture Committee, International Securities and Capital Markets Committee, Latin American and Caribbean Committee, Transnational Legal Practice Committee Program Chair & Moderator: Hernán D. Camarero, Richards, Cardinal, Tützer, Zabala & Zaefferer, Buenos Aires, Argentina Program Chair & Speaker: Alan Rabkin, Heritage Bancorp, Reno, NV Speakers: Miguel Angel Arrigoni, First Corporate Finance Advisors, Buenos Aires, Argentina Ambar.org/ILFall2014 25
  22. 22. MEETING AGENDA (continued) WEDNESDAY, OCTOBER 22 Professor Rodrigo Olivares-Caminal, Centre for Commercial Law Studies, Queen Mary University of London, London, United Kingdom This panel will be conducted in Spanish. Simultaneous translation will be provided. 9:00 am – 10:30 am Alerce Tsunamis, Shale and Sunshine: The Changing Face of Power Generation REGIONAL ISSUES / ENVIRONMENTAL Germany is deactivating its nuclear power plants and it is unclear what will replace the power needs of this energy consuming economy. Chinese solar panel manufacturers are scrambling for the last grain of solar rice while ‘death ray’ solar reflectors are being built in California. The Greenies are shaking asparagus spears over fracking in the U.S. and Brazil and Elon Musk has an electric car that will go 0-60 in 4.2 seconds. What’s happening to the world and will windmills come to the rescue? What are the jurisdictional limits of the regulators? Will the courts overrule the policy makers and is that even possible in countries in Europe and Asia. Which entities will survive? Find out when our panel of energy and finance experts and surprise guests discuss energy consumption and production and its effect on YOU. Primary Sponsoring Committee: International Secured Transactions Committee Co-Sponsoring Committees: International Energy & Natural Resources Committee, Latin American and Caribbean Committee Program Chairs: David Barrack, Fulbright & Jaworski LLP, New York, NY Robin Phelan, Haynes and Boone, Dallas, TX Moderator: Richard Walsh, Global Risk Solutions LLC, Southampton, NY Speakers: Ricardo Beller, Marval, O’Farrell & Mairal, Buenos Aires, Argentina Melissa Brown, AlixPartners, Dallas, TX Stephen Burns, Organisation for Economic Co-operation and Development (OECD), Paris, France Laura M. Nava, McKenna Long & Aldridge LLP, San Diego, CA 9:00 am – 10:30 am Quebracho B Will the Investors Come to Help You Build It? How to Succeed with Needed Redevelopment and Infrastructure Projects M&A / FINANCE / TAX Sponsored by: In order to participate in infrastructure projects, foreign investors seek good returns and a degree of safety. Many governments, including Argentina, urgently need to redevelop urban areas and build infrastructure. However, the financial crisis along with external and internal factors have created significant obstacles to external financing. This program will provide an initial presentation, and interactive ‘mock’ projects (featuring all attendees working in groups) where a government agency seeks to carry out an infrastructure project, and engages international agencies and investors to establish the necessary legal and financial structure. This diverse panel of experts will discuss the challenges of large, complex redevelopment and infrastructure projects and identify key legal and economic requirements to succeed as well as in identifying innovative solutions for projects requiring intensive cooperation and foreign financing. Primary Sponsoring Committee: Cross-Border Real Estate Practice Committee Co-Sponsoring Committee: International Investment and Development Committee For the most up-to-date information, p 26 lease visit:
  23. 23. WEDNESDAY, OCTOBER 22 Program Chair & Moderator: Alejandro Ciero, Tanoira Cassagne, Buenos Aires, Argentina Program Chair & Speaker: Mariano Conde de Frankenberg, Reed & Scardino LLP, Austin, TX Speakers: Carlos Albarracín Milbank, Tweed, Hadley & McCloy LLP, New York, NY Terry Selzer, Husen Advokater, Copenhagen, Denmark Guillermo Ucha, Citibank N.A., Buenos Aires, Argentina José Virgílio Lopes Enei, Machado, Meyer, Sendacz e Opice Advogados, São Paulo, Brazil 9:00 am – 10:30 am Quebracho A FATCA: The New U.S. and Latin America Relationship M&A / FINANCE / TAX FATCA (Foreign Account Tax Compliance Act) has impacted not only Mexicans but citizens/residents from Switzerland, The British Virgin Islands, Luxembourg and Belgium, etc. (amongst others with whom the US has signed FATCA Agreements) that have financial investments in the USA that earn more than US$10 per year and has caused untold millions of US dollars to leave the United States (for countries that do not have such or similar agreement with Mexico) and has also caused that the renunciation of US citizenship increase significantly. Primary Sponsoring Committee: Mexico Committee Program Chair & Moderator: Aureliano Gonzalez-Baz, Bryan, Gonzalez Vargas & Gonzalez Baz, S.C., Mexico City, Mexico Speakers: Ana María Correa, Lewin Y Wills, Bogotá, Colombia Sabrena Silver, Esq., Linklaters LLP, New York, NY Jose Luis Rodriguez Macedo, Altipat, S.C., Mexico City, Mexico Claudia Tapias, Tozzini Freire, São Paulo, Brazil 10:30 am – 11:00 am 5th Floor Foyer Networking Break 11:00 am – 12:30 pm Quebracho A Are Quotas for Women on Boards the Answer in Latin America?: Leveraging Best Practices Across Regions HUMAN RIGHTS; BUSINESS / REGULATION / COMPLIANCE Experts have maintained that a better gender balance at the top offers substantial advantages for companies. Among those are the fact that a balance between men and women results in more balanced corporate decision-making, greater profitability and even the possibility to avoid bankruptcy risks. But, if this is so, why do so few women hold posts in company boards and management positions? And numbers don’t lie. In the European Union, women on average comprise less than 20% of board members of the largest publicly listed companies. Participation of women in corporate boardrooms is very low in Latin America and the U.S. follows suit. For some though, change is on the way. This panel will explore these emerging best practices. Primary Sponsoring Committee: Diversity Committee Co-Sponsoring Committees: International Corporate Counsel Committee, Women’s Interest Network (WIN), Young Lawyers Interest Network (YIN) Program Chair & Speaker: Lisa Savitt, Crowell & Moring LLP, Washington, DC Program Chair & Moderator: Lelia Mooney, Partners for Democtratic Change, Washington, DC Ambar.org/ILFall2014 27
  24. 24. MEETING AGENDA (continued) WEDNESDAY, OCTOBER 22 Speakers: Paulette Brown, Edwards Wildman Palmer LLP, Morristown, NJ Elisabeth Eljuri, Norton Rose Fulbright, Caracas, Venezuela Diana Mondino, CEMA University, Buenos Aires, Argentina 11:00 am – 12:30 pm Jacaranda Bridging the Gap between Europe and Latin America in Cross-Border Corporate, M&A and Other Transactions: Bringing Brussels to Buenos Aires and São Paulo to Zurich and Crossing the Culture and Legal Practice Tradition Divide in the Process! BUSINESS / REGULATION / COMPLIANCE; M&A / FINANCE / TAX South American & European cross-border transactional activity has increased significantly in recent years due to a combination of high growth potential and underpenetrated markets. As a result, European investors are becoming increasingly involved in transactions with South American companies. This program will provide a unique forum for lawyers from Europe and South America to provide a comparative insight into the key legal issues and practical difficulties encountered by the parties to such transactions. The panel will address the common pitfalls encountered by parties around issues such as language, culture and tradition, regulatory framework and legal enforcement with a particular emphasis on resolving such issues and offer a practical insight into the do’s and don’ts which are, in their experience, critical to the success or otherwise of such deals. Primary Sponsoring Committee: Europe Committee Co-Sponsoring Committees: International M&A and Joint Venture Committee Program Chair & Moderator: Pat English, Matheson, Dublin, Ireland Speakers: Elena D. Bojilova, Jones Day, Brussels, Belgium Patrick Del Duca, Zuber Lawler & Del Duca LLP, Los Angeles, CA Maria Lucila Escriña, Negri, Busso & Fariña, Buenos Aires, Argentina Florian S. Jörg, Brataschi Wiederkehr & Buob, Zurich, Switzerland 11:00 am – 12:30 pm Alerce Cross-Border Enforcement of Judgments in the Americas: A Comparative Case Study DISPUTE RESOLUTION / LITIGATION With the current controversy and publicity over Chevron’s challenge to the enforceability in the United States of a judgment from Ecuador and the decisions of the Miami district court and Eleventh Circuit in refusing enforcement of a Nicaraguan judgment in the Osorio litigation, cross-border enforcement of judgments in the Americas is a topic that not only presents interesting legal issues but also significant political and diplomatic issues. This program will utilize a hypothetical case study, including a mock argument before a United States federal court, and a panel discussion including legal experts from two South American countries, to provide a comparative analysis of the approach that is taken by courts in various countries in the Americas to cross-border enforcement of judgments and arbitral awards. Primary Sponsoring Committee: International Litigation Committee Program Chairs & Speakers: Robert Brodegaard, Brodegaard & Associates, New York, NY Guy Lipe, Vinson & Elkins L.L.P., Houston, TX Moderator: The Honorable Harvey Brown, First Court of Appeals, Houston, TX (Invited) For the most up-to-date information, p 28 lease visit:
  25. 25. WEDNESDAY, OCTOBER 22 Speakers: Claudia Ines Benavides Galvis, Baker & McKenzie, Bogotá, Colombia Jimena Olmos, Perez Alati, Grondona, Benites and Arntsen, Buenos Aires, Argentina 11:00 am – 12:30 pm Pacara B Ethics in Billing: What Every International Law Practitioner Must Know LEGAL PRACTICE / ETHICS This program will explore the ethics in billing where cross-border issues are involved. Choice of law issues in terms of the engagement letter as well as whose conflict of interest law will apply, and to what extent that may be agreed to in the engagement letter, will be explored. In addition, alternative fee arrangements will be discussed, as well as best practices in terms of billing. Relevant rules of professional responsibility that relate to competence, communication with client, Rule 1.5 relating to reasonableness of fees, ABA Formal Opinion 93-379, alternative billing and the impact of foreign law on cross-border transactions, among others. Primary Sponsoring Committee: International Ethics Committee Program Chair: Robert E. Lutz, Southwestern Law School, Los Angeles, CA Program Chair & Moderator: Steven M. Richman, Duane Morris, New York, NY Speakers: Gabrielle Buckley, Vedder Price, P.C., Chicago, IL Fernando Jamarne, Alessandri, Santiago, Chile Pablo Ferraro Mila, Gonzalez & Ferraro Mila Abogados, Buenos Aires, Argentina Michael Martinez, Marriott International, Inc., Bethesda, MD Elena Norman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE 11:00 am – 12:30 pm Pacara A Privacy and Data Protection: Business and Social Media BUSINESS / REGULATION / COMPLIANCE Business activities and social communications are now without borders. In our travels, our electronic device compulsions, and with information technology pervading every aspect of our day-to-day lives, rendering frontiers more permeable, how do we secure the information we wish (or need) to keep confidential to protect our privacy, our businesses and customers? Multinational corporations, more frequently than ever before, must navigate between U.S. litigation discovery demands seeking the production of documents and information located in the European Union and other countries with their own, often more stringent, data protection requirements. This panel will present the status of related banking, labor, and information technology laws in the U.S., Latin America and the EU with a focus on differences as a source of potential conflicts in cross-border dealings, it will offer guidelines to prevent, address, and resolve such conflicts. Primary Sponsoring Committee: Foreign Legal Consultant Committee Co-Sponsoring Committees: Europe Committee, International Anti-Money Laundering Committee, International Commercial Transactions, Franchising and Distribution, International Intellectual Property Rights Committee, International Litigation Committee, National Security Committee, Privacy, E-Commerce & Data Security Committee, U.S. Lawyers Practicing Abroad Program Chair & Moderator: Brigitte Gambini, Gambini International Law Office, New York, NY Speakers: Maria Helena Bragaglia, Demarest Advogados, São Paulo, Brazil Ingrid Busson-Hall, Morgan Stanley, New York, NY Miguel Ángel Melero, Cuatrecasas, Gonçalves Pereira, Madrid, Spain Ambar.org/ILFall2014 29
  26. 26. MEETING AGENDA (continued) WEDNESDAY, OCTOBER 22 Enrique M. Stiles, Marval, O’Farrell & Mairal, Buenos Aires, Argentina Judge Hon. Elizabeth S. Stong, U.S. Bankruptcy Court, Eastern District of New York, New York, NY This panel will be conducted in Spanish. Simultaneous translation will be provided. 11:00 am – 12:30 pm Quebracho B Rough Waters: Developing International Legal Protections for Underwater Cultural Heritage PUBLIC INTERNATIONAL LAW / RULE OF LAW Last year France ratified UNESCO’s Convention on the Protection of Underwater Cultural Heritage (UCH), making it increasingly likely that the Convention will be re-considered by other major maritime nations and its provisions will begin to shape an international standard in addressing issues such as the extent to which commercial exploitation of discovered underwater heritage should be permitted, the value of scientific exploration versus in situ preservation, and questions of shared ownership between indigenous groups and the flagship state. How have recent cases shaped the international protections of underwater cultural heritage, and how could these issues have been addressed under the 2001 UNESCO UCH Convention? This distinguished panel of professionals will discuss how issues regarding commercial exploitation and concepts of shared ownership have already developed in the area of underwater cultural heritage, particularly in the context of cases that have involved South American countries, and how these issues could continue to evolve under the standards set forth in the 2001 UNESCO UCH Convention. Primary Sponsoring Committee: Art & Cultural Heritage Law Committee Co-Sponsoring Committee: UN & International Organizations Committee Program Chairs: Jacqueline Farinella, The Depository Trust & Clearing Corporation, New York, NY Kevin Ray, Greenberg Traurig LLP, Chicago, IL Program Chair & Moderator: Patty Gerstenblith, DePaul University College of Law, Chicago, IL Speakers: Dr. Dolores Elkin, CONICET and Instituto Nacional de Antropología y Pensamiento Latinoamericano, Buenos Aires, Buenos Aires, Argentina James Goold, Covington & Burling LLP, Washington, DC Mark Spalding, President, The Ocean Foundation, Washington, DC Ole Varmer, National Oceanic and Atmospheric Association, Washington, DC 12:45 pm – 2:15 pm Buen Ayre C, 2nd Floor Luncheon with Exmo. Sr. Min. Joaquim Barbosa, Ministro do Supremo Tribunal Federal - Brazil Ticketed Event—$75 Proudly Sponsored by: Joaquim Barbosa is a “Ministro” of the Brazilian Supreme Court (“Supremo Tribunal Federal”), sitting on the bench from 2004 until his retirement in 2014. On October 10th, 2012, Minister Barbosa was elected Chief Justice (“Presidente”) of the Court, a capacity held until his retirement. Before that, he held the positions of Public Prosecutor (“Procurador da República”) and Head of General Counsel for the Ministry of Health. He obtained his PhD in Public Law from Paris-II University (Panthéon-Assas). Currently, he is a professor and lecturer. For the most up-to-date information, p 30 lease visit:
  27. 27. WEDNESDAY, OCTOBER 22 2:30 pm – 4:00 pm Jacaranda Cross-Border Enforcement of Court Judgments and Arbitral Awards: Opportunities, Pitfalls, Flaws, Remedies DISPUTE RESOLUTION / LITIGATION This program will examine the options available to parties seeking recognition and enforcement of foreign judgments and arbitral awards, including the substantial hurdles that may need to be overcome in the process, taking into account recent trends, landmark cases, important new regulations, etc. In particular, this program will address issues of enforcement against state entities and possible remedies at the international level for denial of justice in domestic enforcement proceedings. Presented in Conjunction with Co-Sponsoring Committees: China Committee, International Arbitration Committee, International Litigation Committee, Los Angeles County Bar Association – International Law Section Program Chair & Moderator: Malcolm McNeil, Arent Fox LLP, Los Angeles, CA Speakers: Hagit M. Elul, Hughes Hubbard & Reed LLP, New York, NY Patrick Goudreau, DS Welch Bussieres, Montréal, QC, Canada William Savitt, Wachtell, Lipton, Rosen & Katz, New York, NY 2:30 pm – 4:00 pm Quebracho B Developing and Financing Renewable Energy Projects in Latin America and the Caribbean: Challenges and Opportunities M&A / FINANCE / TAX; REGIONAL ISSUES / ENVIRONMENTAL This program brings together senior representatives from the sponsor/developer and financing sides of a project finance transaction to discuss how to develop and finance renewable energy projects in Latin America and the Caribbean. This panel will walk you through the issues involved at each stage of the project by using a mock project as a basis for the discussion. The panelists also will address topics such as: most investor-friendly countries to develop renewable energy projects; factors that support the growth of different renewable energy technologies in different countries; lessons learned from the region; and how developers and investors can successfully collaborate to develop projects in the region from 2014 onwards. Primary Sponsoring Committee: International Investment and Development Committee Co-Sponsoring Committees: International Energy & Natural Resources Committee, International Private Equity and Alternative Investments Committee, Latin American and Caribbean Committee Program Chair: Jeffrey Goodman, Norton Rose Fulbright, Washington, DC Program Chair & Moderator: Amala Nath, Norton Rose Fulbright, Washington, DC Speakers: Mark C. Paist, Assistant General Counsel, Overseas Private Investment Corporation, Washington, DC Martin Lythgoe, Deputy General Counsel, Duke Energy Corporation, Houston, TX Lara M. Rios, Deputy General Counsel, ContourGlobal, New York, NY Ambar.org/ILFall2014 31
  28. 28. MEETING AGENDA (continued) WEDNESDAY, OCTOBER 22 Paloma Valeria Martins Lima, Machado, Meyer, Sendacz e Opice Advogados, Rio de Janeiro, Brazil 2:30 pm – 4:00 pm Pacara B Global Distribution of Entertainment Content in the Digital Era: Rights, Action, Roll ‘em BUSINESS / REGULATION / COMPLIANCE This panel continues the collaboration between the ABA Section on International Law and the ABA Forum on Entertainment & Sports Industries, combining the globalism of SIL with the drama and broad audience appeal of sports and entertainment. This panel launches a discussion on live performance and media rights, exploitation, and the transition from traditional lines of distribution to distribution worldwide on multiple platforms. Panelists will share strategies on corporate, intellectual property, joint ventures and revenue incentives for live entertainment performances, television, film and music, comparing traditional deals to new models like streaming, digital downloads and cloud storage, along with industry efforts to repurpose traditional products on new platforms. Primary Sponsoring Committee: New Media & Content Innovation Committee Co-Sponsoring Committees: International Intellectual Property Rights Committee, Latin American and Caribbean Committee, Russia/Eurasia Committee Program Chair & Moderator: Alexandra Darraby, Art Law Firm, Los Angeles, CA Speakers: Pablo Crescimbeni, Curutchet-Odriozola Abogados, Buenos Aires, Argentina Richard Idell, Idell & Seitel, LLP, San Francisco, CA María Natalia Pennisi, Moeller IP Advisors, Buenos Aires, Argentina 2:30 pm – 4:00 pm Alerce Investment in Latin America: Essential Protections and Potential Pitfalls PUBLIC INTERNATIONAL LAW / RULE OF LAW; BUSINESS / REGULATION / COMPLIANCE Latin America is a popular and exciting investment destination, particularly for investors from China. Past experience has shown that a number of Latin American states have interfered with foreign investments. This session will look at the protections available under domestic legislation and international law for investors into Latin America, with a particular focus on investments into Argentina, Brazil, Colombia, Chile, Peru and Venezuela. The session will also take into consideration multilateral arrangements applicable to certain of these countries and will address both juridical relief and quasi-political options. Primary Sponsoring Committee: China Committee Co-Sponsoring Committee: International Arbitration Committee Program Chairs: Brenda Horrigan, Herbert Smith Freehills LLP, Shanghai, China Christian Leathley, Herbert Smith Freehills LLP, London, United Kingdom Moderator: Renato Grion, Pinheiro Neto Advogados, São Paulo, Brazil Speakers: Francisco Abriani, Freshfields Bruckhaus Deringer US LLP, New York, NY Pablo Rueda, Perez Alati, Grondona, Benites, Arntsen & Martinez De Hoz, Buenos Aires, Argentina Fernando Dias Simões, University of Macau, Macau, China For the most up-to-date information, p 32 lease visit:
  29. 29. WEDNESDAY, OCTOBER 22 2:30 pm – 4:00 pm Pacara A More Art than Law?: What a Lawyer Needs to Know about Drafting a Legal Opinion LEGAL PRACTICE / ETHICS Legal opinions are always required in international transactions although in many countries there are no law provisions. In these cases, the opinion givers should express their opinions and choose their words carefully, sometimes with art and creativity but always with professional ethics. This interactive panel will discuss the drafting of a legal opinion and compare the approaches that are best practice in various jurisdictions. Among the panelists there will be common law lawyers discussing the types of opinions they would typically expect to give or receive and civil law lawyers discussing the problems they face in giving the type of opinion requested. Primary Sponsoring Committee: International M&A and Joint Venture Committee Co-Sponsoring Committees: International Commercial Transactions, Franchising and Distribution Committee, International Financial Products & Services Committee Program Chair & Moderator: Vanesa Balda, Vitale, Manoff & Feilbogen, Buenos Aires, Argentina Speakers: Maria Cibele Crepaldi Affonso dos Santos, CWTP Sociedade de Advogados, São Paulo, Brazil Randall Hanson, Womble Carlyle Sandridge & Rice, LLP, Greensboro, NC Carlos E. Martinez, Proskauer Rose LLP, New York, NY Rony Zimerman, Bofill Mir & Alvarez Jana, Santiago, Chile This panel will be conducted in Spanish. Simultaneous translation will be provided. 2:30 pm – 4:00 pm Quebracho A Women’s Empowerment through Land Ownership: New Strategies in the Global Agenda for Human Rights and Development HUMAN RIGHTS; PUBLIC INTERNATIONAL LAW / RULE OF LAW Securing land tenure is a vital means of advancing gender equality and women’s empowerment. Although many countries recognize equal land rights for women and men, effective implementation remains a challenge. The problem is exacerbated by cultural norms that undermine women’s access, use and control over land. Policy-makers and advocates are turning their attention to two trends with the potential to transform the debate on a global scale. One is grounded in human rights, and the other in development. This panel of experts drawn from international agencies, advocacy groups and academia will assess the opportunities for bolstering women’s land rights. They will make special reference to the poor and indigenous populations in Central and Latin America, where widespread land insecurity leads to a further erosion of human rights and economic opportunities. Primary Sponsoring Committee: Co-Sponsoring Committees & Organizations: International Human Rights Committee, Seasoned Lawyers Interest Network (SIN), Women’s Interest Network (WIN), Women’s Empowerment Now (WEN - Buenos Aires, Argentina) Program Chairs: Dr. Isabella D. Bunn, Oxford University, Regents Park College, Oxford, United Kingdom Aileen Pisciotta, Executive Counsel PLC, Washington, DC Moderator: Aaron Schildhaus, Women Empowerment Now, Buenos Aires, Argentina Ambar.org/ILFall2014 33
  30. 30. MEETING AGENDA (continued) WEDNESDAY, OCTOBER 22 Speakers: Gretchen C. Bellamy, Wal-Mart Stores, Inc., Fayetteville, AR Dr. Beatriz Martorello, President, Women’s Empowerment Now Foundation, Buenos Aires, Argentina Denise Gorfinkiel, UNESCO Regional Office for Latin America and the Caribbean, Montevideo, Uruguay Rosario Quispe, Asociación Warmi Sayajsunqo, Abra Pampa, Jujuy, Argentina (Invited) 4:00 pm – 4:30 pm 5th Floor Foyer Networking Break 4:30 pm – 6:00 pm Pacara B The Ethics of Transnational Practice: A Roundtable of Current Issues LEGAL PRACTICE / ETHICS This program will focus on two current developments that continue to receive attention-alternate business structure and cross-border conflicts of interest. First, alternative Business Structures (ABS ), as a new business model for the practice of law, involves discussion of the risk of conflicts, absence of protection of the privilege, lack of quality control. Ultimately, the question is whether the fears are justified? What benefit(s) go to the consumer; from the access to justice perspective, does ABS provide more affordable models? The second point of discussion will focus on conflicts of interest and the Transnational Practitioner, and discuss the impact of differing legal cultures, multi-jurisdictional teams, and applicable rules. Those rules include issues relating to attorney-client confidentiality, ability of non-lawyers to share fees, aiding and abetting unauthorized practice of law, the reach of ABA Model Rule 5.5 and recent recommendations of the 2020 Committee to resolve cross-border conflicts of interest, pro hac vice reforms and the issue of “fly in, fly out.” Primary Sponsoring Committee: International Ethics Committee Program Chair: Steven M. Richman, Duane Morris, New York, NY Program Chair & Moderator: Robert E. Lutz, Southwestern Law School, Los Angeles, CA Speakers: Javier Canosa, Canosa Abogados, Buenos Aires, Argentina Alexandra Darraby, The Art Law Firm, Los Angeles, CA Brigitte Gambini, Gambini International Law, New York, NY Delphine Pujos, Linklaters, Paris, France Diego Serrano Redonnet, Perez Alati, Grondona, Benites Arntsen & Martinex de Hoz, Buenos Aires, Argentina 4:30 pm – 6:00 pm Jacaranda Avoiding Collateral Damage: Implementing Anti-Bribery Compliance Programs and Conducting Internal Investigations in Different Legal Environments BUSINESS / REGULATION / COMPLIANCE When “we don’t speak the same legal language,” serious misunderstandings and unforeseen consequences can arise in implementing anti-bribery compliance programs and conducting internal investigations in unfamiliar legal settings. Problems can become more pronounced when common law and civil law trained attorneys seek to address obligations now being imposed by the Foreign Corrupt Practices Act, the UK Bribery Act, and other legal regimes in Latin American and in other foreign settings. Latin American practitioners with extensive experience working with foreign counsel will be joined by U.S. and UK defense attorneys, with backgrounds as prosecutors, in fleshing out the range of issues that can serve as a basis for misunderstandings with a view to providing insight as to how to overcome these pitfalls. For the most up-to-date information, p 34 lease visit:
  31. 31. WEDNESDAY, OCTOBER 22 Primary Sponsoring Committee: International Anti-Corruption Committee Co-Sponsoring Committees: Corporate Social Responsibility Committee, International Anti-Money Laundering Committee, Latin American and Caribbean Committee Program Chair & Speaker: Stuart H. Deming, Deming PLLC, Washington, DC Moderator: Michelle Blaine, Blaine & Maney, Houston, TX Speakers: Roberto Bauzá, Rattagan, Macchiavello, Arocena & Peña Robirosa, Buenos Aires, Argentina Vivian Robinson QC, McGuireWoods London LLP, London, United Kingdom Celina Ozorio, L.O. Baptista, Schmidt, Valois, Miranda, Ferreira, Agel, Rio de Janeiro, Brazil 4:30 pm – 6:00 pm Quebracho B M&A in the Defense and Aerospace Industry: Tales From the Trenches and Lessons Learned M&A / FINANCE / TAX; BUSINESS / REGULATION / COMPLIANCE Acquiring or selling a company involved in the defense sector represents specific challenges. The acquirer is often a well-established company with robust processes and a long history of compliance. Yet, they rely on acquisition of smaller-size technology companies, sometimes in a foreign jurisdiction, but often with activities in other jurisdictions, to expand and diversify their lines of products and markets. This often creates a clash of cultures that cannot be ignored. The program will discuss these specific challenges from the points of view of a buyer, of an investment banker and external counsels. The discussion will touch upon, among other things, procurement issues, licenses, export controls, anti-corruption measures, intellectual property and employment. Primary Sponsoring Committee: Aerospace and Defense Committee Co-Sponsoring Committee: International M&A and Joint Venture Committee Program Chair: Nancy A. Matos, Baker & McKenzie Amsterdam N.V., Amsterdam, The Netherlands Program Chair & Moderator: Dominique Babin, BCF, Montreal, QC, Canada Speakers: Brigadier General José Augusto Crepaldi Affonso, Chief of Air Force Programs Office, Brazilian Air Force, São Paulo, Brazil José Guilherme Berman, Barbosa, Müssnich & Aragão Advogados, Rio de Janeiro, Brazil Salli Swartz, ArtusWise, Paris, France 4:30 pm – 6:00 pm Pacara A Plug Your Lamp Next Door: Energy Integration Efforts in the Andean Region REGIONAL ISSUES / ENVIRONMENTAL Cross border supply of energy has been in the regional agenda for a while but it has proven not to be a easy exercise. A panel of leading specialists from across the Andean region will discuss if recent legislation as well as other initiatives will contribute to materialize the integration of power and natural gas markets. Program Chair: Luis Bedoya, Rodrigo, Elias & Medrano Abogados, Lima, Peru Moderator: Jean Paul Chabaneix, Rodrigo Elías Medrano, Lima, Peru Speakers: Enrique Barrios, Guevara & Gutiérrez, La Paz, Bolivia Elisabeth Elijuri, Norton Rose Fulbright, Caracas, Venezuela Ambar.org/ILFall2014 35
  32. 32. MEETING AGENDA (continued) WEDNESDAY, OCTOBER 22 Sebastián Pérez-Arteta, Pérez Bustamante & Ponce, Quito, Ecuador (Invited) Sandra Manrique, Prietocarrizosa, Bogotá, Colombia Daniel Urbina, IC Power, Lima, Peru This panel will be conducted in Spanish. Simultaneous translation will be provided. 4:30 pm – 6:00 pm Alerce Sovereignty Rules? Implications of Recent U.S. Court Decisions Involving Argentina PUBLIC INTERNATIONAL LAW / RULE OF LAW Much of the aftermath of Argentina’s 2001 debt crisis played out in the courtrooms of the Southern District of New York and the Second Circuit Court of Appeals. These cases, which often make front-page news in Argentina, have shaped-and re-shaped- U.S. law on the rights of sovereign debtors, making the United States an attractive forum for sovereign nations’ creditors. This panel of leading lawyers and experts, some of whom were directly involved in these litigations, will focus on the recent U.S. court cases involving the Republic of Argentina. The discussion will include the U.S. Supreme Court’s look at BG Group v. Argentina, the Second Circuit’s recent watershed pari passu decision in NML Capital v. Argentina, and the Supreme Court’s decision regarding discovery of Argentina’s assets and those of its alleged alter egos. The panelists will also contrast those U.S. cases with rulings adopted in cases involving Argentina in other domestic courts. This promises to be a lively debate about the legal underpinnings of these decisions and their greater impact on international relations, sovereign debt restructuring, and the role that ‘sovereignty’ plays in the commercial arena. Primary Sponsoring Committee: International Arbitration Committee Co-Sponsoring Committees: International Litigation Committee, Middle East Committee Program Chair: Yasmine Lahlou, Chaffetz Lindsey LLP, New York, NY Moderator: Jennifer L. Permesly (Gorskie), Chaffetz Lindsey LLP, New York, NY Speakers: Marcelo Etchebarne, Cabanellas Etchebarne Kelly, Buenos Aires, Argentina Joseph E. Neuhaus, Sullivan & Cromwell LLP, New York, NY Ignacio Torterola, Brown Rudnik LLP, Washington, DC 4:30 pm – 6:00 pm Quebracho A Global Strategic Alliances and IP-Centric Product Development BUSINESS / REGULATION / COMPLIANCE In times of open innovation, there is a consensus among the world’s most innovative companies that it is not possible to develop all necessary R&D activities in house. The main reasons for this conclusion are: (i) even though the company has a very well structured R&D department, it is not likely that it will have all technical expertise to develop its R&D activities; (ii) it is too expensive to conduct all R&D activities alone; and (iii) the company does not wish to take alone all risks involved in a R&D project. Based on this scenario, the companies started developing collaborative R&D projects with third parties (private companies, public entities, funding agencies, etc.) However, even though collaborative R&D projects can offer a number of benefits (risks division, cost reduction, etc.), they also bring a lot of concerns to the company, such as: rights of the parties concerning the results/ IP generated in the project; confidentiality of the project; management of the resources applied by the parties to develop the project; post-contractual issues, etc. The purpose of this panel is to discuss, from a comparative analysis of the laws and practice of different countries (with a special focus on Brazil and Argentina, in comparison to the practice in For the most up-to-date information, p 36 lease visit:
  33. 33. WEDNESDAY, OCTOBER 22 US and Europe), how these concerns can be properly addressed during the negotiation of the R&D projects and the drafting of the contracts. Primary Sponsoring Committee: International Intellectual Property Rights Committee Program Chair & Speaker: Carlos Eduardo Eliziário de Lima, Dannemann Siemsen Advogados, São Paulo, Brazil Program Chair & Moderator: Daniel McGlynn, Emcore Corporation, Albuquerque, NM Speaker: Catherine Vernon, Retired General Counsel, Formica Corporation, Sarasota, FL 7:00 pm – 10:00 pm Opening Reception at Hilton Buenos Aires Terrace Macacha Güemes 351 Proudly Sponsored by: The 2014 Fall Meeting’s kickoff event will be an excellent opportunity to reconnect with friends from prior meetings and make new ones. This reception will highlight the diversity of the Section, so please feel welcome whatever your background and especially if this is your first time attending a Fall Meeting. Heavy hors d’oeuvres & drinks will be served. One ticket per person is included for meeting attendees who have registered for the entire conference as part of your Fall Meeting registration fee. 9:00 pm – 11:00 pm Committee Dinners Take advantage of free time after our evening receptions to enjoy one of the many fine restaurants that Buenos Aires has to offer. This is a great opportunity to continue to network within your practice area with others at the meeting who share your same interests and have casual discussions; many of which will lead to new initiatives and committee programs developing for months to come after you return home. Even if you do not belong to a committee you are invited to join. If you have any questions about planning or participating in a committee dinner at the Fall Meeting, please contact Jonathan Lewis at jonathan.lewis@americanbar.org. Ambar.org/ILFall2014 37
  34. 34. MEETING AGENDA (continued) THURSDAY, OCTOBER 23 THURSDAY, OCTOBER 23, 2014 8:00 am – 7:00 pm 5th Floor Meeting Desk Registration Desk Open 8:00 am – 7:00 pm 5th Floor Foyer Exhibit Hall Open 8:00 am – 8:50 am Buen Ayre C, 2nd Floor Continental Breakfast & Committee Breakfast Meetings Sponsored by: Join us for business meetings of many of ABA International’s committees (“the engines of the Section”). Learn about committee activities and opportunities to become more active in the Section. If you have any questions about planning for this event, please contact Jonathan Lewis at jonathan.lewis@ americanbar.org. A selection of pastries, yogurt, cereal, juices, coffee & tea will be provided. 8:00 am – 8:50 am Buen Ayre B, 2nd Floor Women’s Networking Breakfast Join the women of the ABA Section of International Law for a networking breakfast and learn more about the ABA Women to Women International Business Initiative launched by Past ABA President Laurel Bellows. A selection of pastries, yogurt, cereal, juices, coffee & tea will be provided. 9:00 am – 10:30 am Pacara B The Challenges of Anti- Corruption Compliance and its Impact on Global Mobility BUSINESS / REGULATION / COMPLIANCE As global mobility increases in emerging markets, corporations are faced with a broader array of compliance issues in their effort to transfer talent and expand operations and must avoid temptations to circumvent regulations or bureaucracy encountered in emerging markets. This program provides an overview of the challenges companies face in developing effective and integrated compliance programs adhering to FCPA and local anti-corruption laws in an effort to avoid exposure. The panel will offer the perspectives of in-house counsel, employment, corporate and immigration attorneys on best practices to mitigate risks, and will outline critical steps corporations should follow to limit liability. Primary Sponsoring Committee: Immigration and Naturalization Law Committee Co-Sponsoring Committees: International Employment Law Committee, Latin American and Caribbean Committee, Young Lawyers Interest Network (YIN) Program Chair & Speaker: Michelle Jacobson, Fragomen, Del Rey, Bernsen, & Loewy, LLP, Chicago, IL Speakers: Patrick Garcia, Parker Drilling, Houston, TX (Invited) Grant Petersen, Ogletree, Deakins, Nash, Smoak, & Stewart, P.C., Tampa, FL Salli Swartz, ArtusWise, Paris, France For the most up-to-date information, p 38 lease visit:
  35. 35. THURSDAY, OCTOBER 23 9:00 am – 10:30 am Quebracho A Educating the Future Transnational Lawyer: Models of Legal Education and Legal Scholarship in Latin America LEGAL PRACTICE / ETHICS The model for training and educating tomorrow’s lawyers used in Latin America is in many ways fundamentally different from the model used in the United States. Yet, as the legal profession experiences a major change, so too must the academy change and grow with it, in order to better prepare today’s students for tomorrow’s challenges. In this program, experts in legal education from various jurisdictions in Latin America and from the United States will discuss and debate the advantages and disadvantages of different models of legal education in use in the Americas. The moderators will facilitate a spirited discussion and will include voices from the audience in the conversation, so that educators and practitioners from Latin America and the United States can learn from one another. Primary Sponsoring Committee: International Legal Education and Specialist Certification Co-Sponsoring Committees: Latin American and Caribbean Committee, Law Student, LL.M., and New Lawyer Outreach Committee, Mexico Committee, Seasoned Lawyers Interest Network (SIN), Young Lawyers Interest Network (YIN) Program Chair: William P. Johnson, Saint Louis University, St. Louis, MO Program Chair & Moderator: Diane Edelman, Villanova University School of Law, Villanova, PA Speakers: Alfredo Attie, Jr., Supreme Court, São Paulo, Brazil Paulo Brancher, Barretto Ferreira e Brancher – Sociedade de Advogados (BKBG) & Pontifícia Universidade Católica de São Paulo, São Paulo, Brazil Rodrigo Correa Gonzalez, Dean, Universidad Adolfo Ibáňez, Santiago, Chile Verónica Sandler, Universidad Argentina de la Empresa (UADE), Buenos Aires, Argentina 9:00 am – 10:30 am Pacara A Global Anti-Corruption Enforcement Efforts in the Post-Recession World: Latin America and Beyond BUSINESS / REGULATION / COMPLIANCE; PUBLIC INTERNATIONAL LAW / RULE OF LAW One of the few positive outcomes of the global economic recession has been an opportunity for increased global anti-corruption enforcement, with many countries’ populations becomingly increasingly dissatisfied with government corruption and calling for reform. At the same time, many Latin American economies have experienced faster-than-average recoveries from the recession, and quickly growing markets in these countries could pose increased risks for corruption. This panel will address the increased cooperation among global enforcement agencies, especially in the years since the recession began, with a focus on renewed efforts at collaboration between U.S. enforcement agencies and those in South America, including Argentina, Brazil and Mexico. Primary Sponsoring Committee: International Trade Committee Co-Sponsoring Committees: International Corporate Counsel Forum, Latin American and Caribbean Committee, Mexico Committee Program Chair & Speaker: Daniel Pickard, Wiley Rein, Washington, DC Speakers: Guillermo Jorge, Guillermo Jorge & Asociados, Buenos Aires, Argentina Roberto Silva, SAPA Aluminum Brasil, Buenos Aires, Argentina This panel will be conducted in Spanish. Simultaneous translation will be provided. Ambar.org/ILFall2014 39
  36. 36. MEETING AGENDA (continued) THURSDAY, OCTOBER 23 9:00 am – 10:30 am Quebracho B LATAM Investments Reviewed: Keep Your Friends Close and Your Enemies Closer M&A / FINANCE / TAX During the last decade, major investors from and into Latin America have come under boosted scrutiny from governments based on a growing perception that they have been excessively reducing their global effective tax rates. What has been done in response to that perception? These governments have strengthened their treaty networks and introduced or refined domestic rules. Investors now face increasing challenges to tax planning from controlled foreign corporation, transfer pricing, thin capitalization and upstream taxation rules. This program will focus on recent developments in Argentina, Brazil, Mexico and Colombia as well as important court decisions to counter base erosion and international tax planning, and their practical impact on international trade and inbound and outbound transactions and planning in the region. Primary Sponsoring Committee: International Tax Committee Co-Sponsoring Committees: International Corporate Counsel Forum, International Financial Products & Services Committee, International M&A and Joint Venture Committee, Latin American and Caribbean Committee, Mexico Committee Program Chair: Luiz Felipe Centeno Ferraz, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados, São Paulo, Brazil Program Chair & Moderator: Manuel Benites, Perez Alati, Grondona, Benites, Arntsen & Martinez de Hoz, Buenos Aires, Argentina Speakers: Alex Fischer, Carey y Cía. Ltda, Santiago, Chile Flavio Mifano, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados, São Paulo, Brazil Juan Guillermo Ruiz, Posse Herrera Ruiz, Bogotá, Colombia Guillermo Villaseñor Tadeo, Sánchez Devanny Eseverri, Mexico City, Mexico 9:00 am – 10:30 am Jacaranda The Uruguay-Argentina Paper Mill Dispute: A River Runs Through It DISPUTE RESOLUTION / LITIGATION Since 2005, Uruguay and Argentina have been embroiled in a dispute over Uruguay’s authorization of construction of pulp and paper mills on the Uruguay River that defines the border between the two countries. Argentina’s concerns about pollution from the operations led to heated debates and road blockades when diplomatic efforts failed to produce results. The dispute was brought before both the International Court of Justice (ICJ) and the Mercosur Tribunal. The panelists will detail the positions of Argentina, Uruguay, the local populace and the paper mill as they discuss arguments made before the ICJ. In addition, the panel will discuss the impact of the ICJ and Mercosur rulings on current activities in the two disputing countries. Primary Sponsoring Committee: International Environmental Law Committee Co-Sponsoring Committees: International Courts Committee, International Investment and Development Committee, Latin American and Caribbean Committee, Law Student, LL.M., and New Lawyer Outreach Committee Program Chairs: Alicia Cate, U.S. Department of State, Washington, DC Renee Martin-Nagle, Environmental Law Institute, Washington, DC Moderator: Fatima Ahmad, AZI Consulting, Inc., Oakton, VA For the most up-to-date information, p 40 lease visit:
  37. 37. THURSDAY, OCTOBER 23 Speakers: Lilian del Castillo Laborde, University of Buenos Aires School of Law, Buenos Aires, Argentina Eduardo Jiménez de Aréchaga, Castello, Jiménez de Aréchaga & Robaina Abogados, Montevideo, Uruguay Dr. Diego Rodriguez, M’Bigua Foundation, Paraná, Argentina 9:00 am – 10:30 am Alerce Being the Good Global Corporate Citizen: Dealing with the Current Business Guidelines and Standards of Conduct for Multinational Corporations HUMAN RIGHTS; PUBLIC INTERNATIONAL LAW / RULE OF LAW With the recent development and adoption of guidelines and standards of conduct regulating business conduct with respect to human trafficking, labor rights, privacy, etc., including UN Guidelines, it is clear that the rules are changing for multinational corporations operating in disparate jurisdictions. The panel will present and clarify this new order of business responsibility and conduct, the risks and the best practices for dealing with the current business and regulatory environment. Primary Sponsoring Committee: International Corporate Counsel Forum Co-Sponsoring Committees: Corporate Social Responsibility Committee, International Ethics Committee, International Human Rights Committee, International Trade Committee, Latin American and Caribbean Committee, Transnational Legal Practice Committee, UN & International Organizations Committee Program Chair: William Black, Montserrat Solar, Inc., Coto de Caza, CA Program Chair & Moderator: Catherine Vernon, Retired General Counsel, Formica Corporation, Sarasota, FL Speaker: John Folks, General Counsel, The Ruhrpumpen Group of Companies, Tulsa, OK (Invited) Nuria Gonzalez, Novartis Argentina, Buenos Aires, Argentina Lelia Mooney, Partners for Democtratic Change, Washington, DC Gerardo Noto, Democratic Governance Team Leader, Regional Bureau for Latin America & Caribbean, United Nations Development Program, New York, NY Elizabeth Turchi, United Nations Legal Officer, The Hague, The Netherlands 10:30 am – 11:00 am 5th Floor Foyer Networking Break 11:00 am – 12:30 pm Alerce Closing Courts Down: Residual Mechanisms and the After-Life of International Criminal Courts PUBLIC INTERNATIONAL LAW / RULE OF LAW A variety of criminal courts established over the past 25 years adjudicated violations of international law. These courts include the International Criminal Tribunal for Yugoslavia, the International Criminal Tribunal for Rwanda, and ‘hybrid courts’ such as the Special Court for Sierra Leone, the Criminal Panels of the District Court of Dili, the ‘Regulation 64’ Panels in Kosovo, and the Extraordinary Chambers in the Courts of Cambodia. In 2013, the Special Court for Sierra Leone completed its judicial mandate following the appeals judgment in the Charles Taylor case. With the primary work of the court done, issues remain including: preservation of evidence and archival of materials; potential requests for pardon or commutation of sentences, and ongoing issues of witness protection. This panel will discuss residual issues and the lessons which may be applied to other criminal tribunals as they complete their mandates, as well as ethical issues regarding the temporary nature of the courts, the long- Ambar.org/ILFall2014 41
  38. 38. MEETING AGENDA (continued) THURSDAY, OCTOBER 23 term legacy of international justice, and ethical obligations of attorneys appearing before courts that disappear. Primary Sponsoring Committee: International Courts Committee Co-Sponsoring Committees: Africa Committee, International Criminal Law Committee, International Judicial Affairs Committee, UN & International Organizations Committee Program Chairs & Moderators: Viren Mascarenhas, King & Spalding, New York, NY Mark E. Wojcik, The John Marshall Law School, Chicago, IL Speakers: Meriam Alrashid, Crowell and Moring, London, United Kingdom Bongani C. Majola, United Nations International Criminal Tribunal for Rwanda, Kigali, Rwanda Herman von Hebel, International Criminal Court, The Hague, The Netherlands 11:00 am – 12:30 pm Quebracho B Key Drivers for Latin American Investing in United States Public Companies M&A / FINANCE / TAX Globalization creates threats and opportunities for businesses. Latin American investment in United States public companies is increasing and investors need legal advice to make their investments successful. This program will highlight the basics that investor’s counsel need to be aware of when making an investment in the States. The panel will explore section 13 D filings, insider trading rules, short swing sales, HSR and CFIUS filings, when investors have to make a tender offer and other issues they face domestically in Latin America in making the investment. The program will have U.S. lawyers and Latin American lawyers and will go through the basics of an acquisition in the United States from each lawyer’s perspective. Primary Sponsoring Committee: International M&A and Joint Venture Committee Co-Sponsoring Committee: International Financial Products & Services Committee Program Chair: Jeffrey Kerbel, Bennett Jones LLP, Toronto, ON, Canada Program Chair & Moderator: Saúl Feilbogen, Vitale, Manoff & Feilbogen, Buenos Aires, Argentina Speakers: Peter A. Baumgaertner, Pillsbury Winthrop Shaw Pittman LLP, New York, NY Joshua R. Cammaker, Wachtell, Lipton, Rosen & Katz, New York, NY Guy P. Lander, Carter Ledyard & Milburn LLP, New York, NY Andrew Josh Markus, Carlton Fields Jorden Burt, Miami, FL 11:00 am – 12:30 pm Jacaranda Remedies For Technology Venture Capitalists in Latin America: An Uncharted Journey DISPUTE RESOLUTION / LITIGATION Is venture capital technology investment in Latin American (Latam) a potential diamond mine, or a minefield? Growth in the technology sectors in the Mercosur region has truly exploded in recent years. But the technology industry is largely undiscovered territory to many Latam judges, and the pace of judicial resolution is often slow. Alternative dispute resolution mechanisms exist, but enforcement of awards is untested in many jurisdictions. This interactive panel will analyze potential remedies for VC’s in the Latam technology sector, exploring enforcement of provisional and permanent remedies; civil and criminal jurisdiction; Bitcoin usage in Latam investment; the impact of government For the most up-to-date information, p 42 lease visit:
  39. 39. THURSDAY, OCTOBER 23 regulation; and the availability of insurance and contractual protections for investors. Primary Sponsoring Committee: International Litigation Committee Co-Sponsoring Committees: International Arbitration Committee, Latin American and Caribbean Committee, Privacy, E-Commerce & Data Security Committee Program Chair & Moderator: Kenneth Rashbaum, Barton LLP, New York, NY Speakers: Andres Egana, Philippi, Yrarrazaval, Pulido & Brunner LTDA, Santiago, Chile Adriana Pallis, Machado, Meyer, Sendacz e Opice Advogados, São Paulo, Brazil Manuel Tanoira, Tanoira Cassagne, Buenos Aires, Argentina Carlos Urrutia Valenzuela, Brigard & Urrutia, Bogotá, Colombia 11:00 am – 12:30 pm Pacara A Taming the Hydra: The Role of Corporate Counsel in Inter- Jurisdictional Legal Issues LEGAL PRACTICE / ETHICS In a world of extensive global trade, in-house counsel for multinational corporations must juggle a wide range of complex regulatory issues across multiple jurisdictions that might impact the ability of their company to do business. In-house counsel must wrestle with a vast array of regulatory issues in jurisdictions around the world related to anti-trust matters, corporate compliance, government procurement, environmental law and customs issues. In-house counsel must also interact with governments, and with legal counsel in countries around the world. This program examines the challenges faced by in-house counsel and provides insights into the relationships built with government institutions and outside counsel to assist in balancing the many varied, competing, and sometimes contradictory regulatory issues company may face in conducting a global business. Primary Sponsoring Committee: International Trade Committee Co-Sponsoring Committee: International Procurement Committee Program Chair & Moderator: Geoffrey Kubrick, McMillan LLP, Ottawa, ON, Canada Speakers: Roberto Silva, The Sapa Group, São Paulo, Brazil Martin Malvarez, The Techint Group, Buenos Aires, Argentina Mariela Inés Melhem, Mitrani Caballero Ojam & Ruiz Moreno Abogados, Buenos Aires, Argentina This panel will be conducted in Spanish. Simultaneous translation will be provided. 11:00 am – 12:30 pm Quebracho A The Right to be Forgotten in Latin America: Legislation, Cases in Law and Trends HUMAN RIGHTS The new tools and Internet sites originate new levels of indiscretion and new nuances for life in society. Within this context the so called right to be forgotten, may be understood as the right of individuals to have their data no longer processed, and deleted when they are no longer needed for legitimate purposes. However, this right has been applied differently throughout the world. The panel will discuss this important subject with a special application to Latin America. The panel will explore the issues faced by the different legal systems, such as privacy and freedom of speech from the European Union, Latin America and U.S. perspective. The panel will discuss enforcement of remedies; the liability of ISPs; jurisdiction; and the various laws governing the issue. Primary Sponsoring Committee: Privacy, E-Commerce & Data Security Committee Ambar.org/ILFall2014 ILSpring2014 43
  40. 40. MEETING AGENDA (continued) THURSDAY, OCTOBER 23 Program Chair & Moderator: Renato Opice Blum, Opice Blum, Bruno, Abrusio e Vainzof, São Paulo, Brazil Program Chair & Speaker: Juliana Abrusio, Opice Blum, Bruno, Abrusio e Vainzof, São Paulo, Brazil Speakers: Cédric Laurant, Dumont Bergman Bider & Co., Mexico City, Mexico Thaisa Thamm, Buenos Aires, Argentina Irene Velandia Rodríguez, Brigard & Urrutia, Bogotá, Colombia Erick Iriarte Ahón, Iriarte e Asociados, Lima, Peru 11:00 am – 12:30 pm Pacara B We Can’t Stop the Fire!: Impact of Environmental and Social Aspects on Current Investment and Financing Opportunities BUSINESS / REGULATION / COMPLIANCE; REGIONAL ISSUES / ENVIRONMENTAL This program will address the impact of environmental and social matters on merger and acquisition transactions, and on investment and financing in Latin American countries and in other countries around the globe. Several projects and investments have been mostly driven or impacted by environmental regulations, NGOs, social pressure, native communities and media throughout the world over the past decade. Decision makers are taking a deep look at social and environmental aspects upon evaluating investment decisions and priorities. This program will address different aspects related to this situation, including: identification of key players; challenges; social pressure; blackmailing; compliance and ethics regulations; possibilities and alternatives to reduce and prevent risks; whatamong other sequator principles. Primary Sponsoring Committee: International Environmental Law Committee Co-Sponsoring Committees: Corporate Social Responsibility Committee, International Investment and Development Committee, Latin American and Caribbean Committee Program Chair: Guillermo Malm Green, Brons & Salas, Buenos Aires, Argentina Moderator: Angeles Murgier, Brons & Salas, Buenos Aires, Argentina Speakers: Mariale Alvarez, The Nature Conservancy, Buenos Aires, Argentina André de Almeida, Almeida Advogados, São Paulo, Brazil Jessica A. Springsteen, Clifford Chance LLP, Washington, DC Rafael Vergara, Carey y Cía. Ltda., Santiago, Chile For the most up-to-date information, p 44 lease visit:
  41. 41. THURSDAY, OCTOBER 23 12:45 pm – 2:15 pm Buen Ayre C, 2nd Floor Luncheon with the Secretary General of the Organization of American States, Mr. José Miguel Insulza Ticketed Event—$75 Proudly Sponsored by: José Miguel Insulza has been the Secretary General of the Organization of American States for almost a decade. At the beginning of his first five-year term as Secretary General, he pledged to strengthen the Organization’s “political relevance and its capacity for action.” A lawyer by profession, he has a law degree from the University of Chile, did postgraduate studies at the Latin American Social Sciences Faculty, and has a master’s in political science from the University of Michigan. This Chilean politician also has an accomplished record of public service in his country.In the early 1970s, Mr. Insulza played an active role in Salvador Allende’s Popular Unity government and, following the 2:30 pm – 4:00 pm Pacara A Adoption/Re-Homing of Children and Human Rights HUMAN RIGHTS International and domestic adoptions around the globe. How do children become adopted? Are their interests safeguarded? How can we stop re-homing abuses, child neglect, exploitation and trafficking? What mechanisms are there in place to assist adopting families? Can we learn from other countries? To what extent do nations and agencies within nations cooperate? This program examines what can and does coup that brought General Augusto Pinochet into power, he went into exile for 15 years, first in Rome (1974-1980) and then in Mexico (1981-1988). Mr. Insulza was able to return to Chile in early 1988 and joined the Coalition of Parties for Democracy, the coalition that won the plebiscite against the Pinochet regime in October of that year. He has held numerous high-level posts in several Coalition governments. During the administration of President Patricio Aylwin, Mr. Insulza served as Chilean Ambassador for International Cooperation, Director of Multilateral Economic Affairs at the Ministry of Foreign Affairs and Vice President of the International Cooperation Agency. Under the administration of President Eduardo Frei (1994), Mr. Insulza was named Under-Secretary of Foreign Affairs and was afterwards appointed Minister of Foreign Affairs. In 1999 he became Minister Secretary General of the Presidency and in March 2000, under President Ricardo Lagos, he was appointed as Minister of the Interior. When leaving that post in May 2005, he had served as a government minister for more than a decade, the longest continuous tenure for a minister in Chilean history. happen when structures are not in place to safeguard the interests of children and what we can all do about it. Primary Sponsoring Committee: International Family Law Committee Co-Sponsoring Committees: Immigration and Naturalization Law Committee, International Human Rights Committee Program Chair: Marguerite Smith, Flexx Law, PS, Seattle, WA Ambar.org/ILFall2014 45
  42. 42. MEETING AGENDA (continued) THURSDAY, OCTOBER 23 Program Chair & Moderator: Leticia Kabusacki, Harari and Kabusacki, Buenos Aires, Argentina Speakers: Howard Davidson, ABA Center for Children and the Law, Washington, DC (Invited) Marisa Herrera, Universidad de Buenos Aires, School of Law, Buenos Aires, Argentina Adriana N. Krasnow, Universidad Nacional de Rosario, School of Law, Santa Fe, Argentina Nieve Rubaja, Universidad de Buenos Aires, School of Law, Buenos Aires, Argentina This panel will be conducted in Spanish. Simultaneous translation will be provided. 2:30 pm – 4:00 pm Jacaranda Do it the American Way: The Rise of Plea Bargaining, Leniency Agreements & Criminal Settlements in Civil Law Jurisdictions DISPUTE RESOLUTION / LITIGATION Until recently, rules of criminal procedure in most civil law countries provided very limited possibilities for settlements or prohibited them altogether. Criminal law had to be governed by principle and settlements were therefore unsuitable. The situation has changed or is a matter of public debate in many countries due to the influence of other fields of the law, common law jurisdictions, budget restrictions, the need for a speedy and efficient justice system and enforcement by international organizations. Qualified practitioners from civil law countries with an extensive understanding of common law systems will discuss how settlements have become or are likely to become a trend in their jurisdiction, how this has changed their practice, the roles of Prosecutors and investigating magistrates, disclosure issues, victim compensation and provide insights on how the shift is likely to impact cross-border criminal matters. Primary Sponsoring Committee: International Criminal Law Committee Co-Sponsoring Committees: Europe Committee, International Anti- Corruption Committee, International Anti-Money Laundering Committee, International Litigation Committee Program Chair: Stéphane de Navacelle, Navacelle Avocats, Paris, France Program Chair & Speaker: Clémentine Duverne, White & Case, Paris, France Moderator: Vânia Costa Ramos, Carlos Pinto de Abreu e Assoiados, Lisboa, Portugal Speakers: Federico Busatta, Gianni, Origoni, Grippo, Capelli & Partners, Milan, Italy Frederico Ramos, Universidad de Buenos Aires, School of Law, Buenos Aires, Argentina Fabiola Emilin Rodrigues, Demarest Advogados, São Paulo, Brazil 2:30 pm – 4:00 pm Quebracho A Environmental Developments After Macondo: An African Perspective REGIONAL ISSUES / ENVIRONMENTAL; HUMAN RIGHTS This program will focus on the Macondo blowout incident from 2010, which brought about significant changes in environmental regulations and aimed at ensuring safety of oil and gas operations in certain African countries. Repercussions from the disaster effected several African countries, and new statutes and security measures were implemented at a time when geological and geographical developments had created high return opportunities, with an even higher degree of risk. Drilling to even deeper geological horizons and production in environmentally sensitive areas warrants special attention to environmental compliance and creates the need for new, more sophisticated approaches to risk For the most up-to-date information, p 46 lease visit:
  43. 43. THURSDAY, OCTOBER 23 management. Join us for a discussion of the past and best practices for the future. Primary Sponsoring Committee: Africa Committee Co-Sponsoring Committees: International Energy & Natural Resources Committee, International Environmental Law Committee Program Chair & Speaker: Ricardo Silva, Miranda Law Firm, Lisbon, Portugal Moderator: Fernando L. Brunelli, Alliani & Bruzzon Abogados, Buenos Aires, Argentina Speaker: Roland Abeng, Abeng Law Firm, Douala, Cameroon Clarissa Querasian, Statoil, Oslo, Norway (Invited) 2:30 pm – 4:00 pm Alerce International Tax Planning in Emerging Countries M&A / FINANCE / TAX As the marketplace becomes increasingly globalized, economic players in more and more countries ask their governments to lower the barriers that hinder international trade. One of the biggest barriers arises from taxation imposed on that trade. Besides obvious forms of cross border taxes, international businesses are very often faced with strains resulting from double taxation of the revenue generated in different countries. To counter this problem, states have concluded many treaties designed to avoid two countries from fully taxing the same stream of income. However, many parts of the world have not yet negotiated such an elaborate network of agreements on taxation. This program will explore the opportunities for tax planning in emerging markets, while highlighting the complexities and pitfalls that need to be kept in mind while also focusing on international tax law practices in such countries. Primary Sponsoring Committee: International Tax Committee Co-Sponsoring Committees: Africa Committee, Transnational Legal Practice Committee Program Chair & Speaker: Nikolas De Bremaeker, Coolidge & Graves PLLC, Miami, FL Moderator: David Rosenbloom, NYU School of Law, New York, NY Speakers: Festus Akunobera, ABMAK Advocates, Kampala, Kampala, Uganda Pedro Paraguay, NautaDutilh, Amersterdam, Amsterdam, The Netherlands 2:30 pm – 4:00 pm Quebracho B NAFTA, Mercosur and CAFTA: Should They Merge into One Hemispheric Free Trade Agreement PUBLIC INTERNATIONAL LAW / RULE OF LAW The trade agreement known as Mercosur is an influential and important agreement affecting trade within Latin America. NAFTA is its counterpart for North American countries while CAFTA-DR is a free trade agreement that includes most Central American countries. Together they represent a large amount of the world’s trade and commerce. Given the failure of the World Trade Organization to be able to produce successful multilateral trade agreements among all their member countries, an alliance between these three powerful regional trading regimes could be a significant event creating a strong Western hemispheric trading block with great influence. The factors that might facilitate such an agreement and the obstacles it may face will be discussed by prominent attorneys from the region. Primary Sponsoring Committee: Mexico Committee Co-Sponsoring Committees: Customs Law Committee, International Trade Committee Ambar.org/ILFall2014 47
  44. 44. MEETING AGENDA (continued) THURSDAY, OCTOBER 23 Program Chair: Ernesto Velarde Danache, Velarde Danache, Mexico City, Mexico Program Chair & Moderator: Les Glick, Porter Wright, Washington, DC Speakers: Gilberto Ayres Moreira, Ayres Ribiero Abogados, São Paulo, Brazil Laura Lavia, M. & M. Bomchil Abogados, Buenos Aires, Argentina Dominique Babin, BCF, Montreal, QC, Canada 2:30 pm – 4:00 pm Pacara B Navigating Antitrust Laws in Product Distribution in Latin America BUSINESS / REGULATION / COMPLIANCE The continued strengthening of the global economy will provide manufacturers with increased opportunities for product distribution in Latin America. This program will consider how distribution can be managed in Central and South America through the effective use of vertical restraints without violating the law. The speakers will review the law in Mexico, Brazil, Argentina and Chile, focusing on resale price maintenance, territorial restrictions, exclusive dealing requirements, tying arrangements and limitations on internet selling. The panel will also address recent developments such as the Chilean draft Guidelines on Vertical Restraints and recent action against SKF in Brazil for unlawful minimum resale price maintenance. Primary Sponsoring Committee: International Commercial Transactions, Franchising and Distribution Program Chair & Moderator: Thomas Collin, Thompson Hine, Cleveland, OH Speakers: Amílcar Peredo, Basham, Ringe y Correa, S.C., Mexico City, Mexico Mariela del Carmen Caparrós, Wiener • Sotos • Caparrós, Buenos Aires, Argentina Priscilla Brolio Goncalves, Vella Pugliese Buosi Guidoni Advogados, São Paulo, Brazil Jose Miguel Huerta, Claro y Cia, Santiago, Chile 4:00 pm – 4:30 pm 5th Floor Foyer Networking Break 4:30 pm – 6:00 pm Alerce Voting Rights for Indigenous People in the Americas HUMAN RIGHTS The Universal Declaration of Human Rights and the United Nations International Covenant on Civil and Political Rights guarantee the right to take part in the government of one’s country through periodic and genuine elections and to vote and to be elected. Concepts of adequate representation are significant to the representation of peoples who have faced barriers to voting. This panel will consider the inclusiveness of indigenous peoples and ethnic minorities in the Americas and the protection of indigenous cultural traditions, customs and institutions. The panel will also recommend steps that must be taken to provide the internationally guaranteed right to vote including registration, access, voter education, traditional and modern modes of voting, and international standards as applied to indigenous populations. Primary Sponsoring Committee: International Judicial Affairs Committee Co-Sponsoring: Task Force on International Elections Program Chair: Chad Vickery, IFES, Washington, DC Program Chair & Moderator: John Hardin (Jack) Young, Sandler, Reiff, Young & Lamb, P.C., Washington, DC Speakers: Maria Del Carmen Alanis Figueroa, Federal Election Tribunal, Mexico City, Mexico Gerardo De Icaza, OAS, Washington, DC (Invited) For the most up-to-date information, p 48 lease visit:

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