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ABA SIL Spring 2016 Conference - NYC

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On behalf of the ABA Section of International Law (the “Section”), we are pleased to invite you to a very special Spring Meeting at the Grand Hyatt Hotel in New York City, April 12-16, 2016.

The theme of the Spring Meeting is “Liberty and Justice Under International Law.” The Section’s Spring Meeting is one of the world’s most important gatherings of international lawyers. We are expecting more than more than 1,500 attendees from nearly 80 countries.

SPRING MEETING ATTENDEES WILL INCLUDE:
❋ High-level practitioners with respected global law firms;
❋ Corporate counsel from multinational companies;
❋ Small-firm and solo practitioners with significant international practices;
❋ Lawyers serving in government or with non-governmental organizations and inter-governmental organizations; and
❋ Academics and law students

The Section is the home within the ABA for the world’s leading international practitioners, and the 2016 Spring Meeting is a “Must-Attend” meeting for lawyers with a practice or interest in international legal issues.

NOTE: The Early Bird Registration deadline is Monday, February 29, 2016. Take advantage of lower registration
rates for both individual and group attendees!

For more information about group registration rates, please
contact Thomas Happell at thomas.happell@americanbar.org.

Pre-Registration Final Deadline is March 25, 2016. Online registration will be closed after this date.

Onsite registration will be available as of April 12. The Grand Hyatt Hotel in New York City is holding a block of rooms for us until Friday, March 18, 2016.

But do not wait to make your reservation – we often sell out our block in advance of the deadline! We have reserved a special nightly rate of $289 plus applicable daily tax per room for single/ double occupancy.

Reservations may be made online at https://resweb.passkey.com/go/8a3e0a8b.

Join us in the city that never sleeps for a spectacular Spring Meeting!

Published in: Law
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ABA SIL Spring 2016 Conference - NYC

  1. 1. REGISTRATION BROCHURE Primary Meeting Sponsor NEW YORKCityGRAND HYATT NEW YORK APRIL 12-16, 2016 2016 SPRING MEETING
  2. 2. 1 Dear Colleagues, On behalf of the ABA Section of International Law (the “Section”), we are pleased to invite you to a very special Spring Meeting at the Grand Hyatt Hotel in New York City, April 12-16, 2016. The theme of the Spring Meeting is “Liberty and Justice Under International Law.” The Section’s Spring Meeting is one of the world’s most important gatherings of international lawyers. We are expecting more than more than 1,500 attendees from nearly 80 countries. SPRING MEETING ATTENDEES WILL INCLUDE: • High-level practitioners with respected global law firms; • Lawyers from prominent regional and national firms inside and outside the U.S.; • Corporate counsel from multinational companies; • Small-firm and solo practitioners with significant international practices; • Lawyers serving in government or with non-governmental organizations and inter-governmental organizations; and • Academics and law students. The Section is the home within the ABA for the world’s leading international practitioners, and the 2016 Spring Meeting is a “Must-Attend” meeting for lawyers with a practice or interest in international legal issues. Please note: Early Bird Registration Deadline is Monday, February 29, 2016. Take advantage of lower registration rates for both individual and group attendees! For more information about group registration rates, please contact Thomas Happell at thomas.happell@americanbar.org. Pre-Registration Final Deadline is March 25, 2016. Online registration will be closed after this date. Onsite registration will be available as of April 12. The Grand Hyatt Hotel in New York City is holding a block of rooms for us until Friday, March 18, 2016. But do not wait to make your reservation – we often sell out our block in advance of the deadline! We have reserved a special nightly rate of $289 plus applicable daily tax per room for single/ double occupancy. Reservations may be made online at https://resweb.passkey.com/go/8a3e0a8b. ATTENDANCE AT THE 2016 SPRING MEETING WILL OFFER YOU: • More than 70 substantive continuing legal education sessions with world-class speakers; • Keynote luncheon speakers U.S. Supreme Court Justice Stephen Breyer and U.S. Ambassador to El Salvador, Ambassador Mari Carmen Aponte; • Cutting-edge programming on current international legal and ethics issues; • Networking opportunities with peers, decision makers and potential clients from around the world who are active in international practice areas; and • An entire year’s worth of CLE credits. OUTSTANDING NETWORKING OPPORTUNITIES! • Opening Reception at the Grand Hyatt Hotel (Tuesday); • Reception at Gotham Hall (Wednesday); • Reception at the Morgan Library and Museum (Thursday); and • Chair’s Closing Reception at the Grand Hyatt Hotel (Friday) For the most up-to-date information, please visit: Ambar.org/ILSpring2016
  3. 3. 2 LEARN, NETWORK, PARTICIPATE • Learn the latest from top experts and receive information that is relevant to you in your international law practice area; • Network with the best and brightest international lawyers throughout the conference, particularly at our twice daily networking breaks, evening events and ticketed luncheons; • Participate in specialized meetings with colleagues who share your areas of interest by attending committee business meetings, division breakfasts, a committee networking luncheon and committee social dinners; and • Visit exhibitors of products and services relevant to the legal profession. Join us in the city that never sleeps for a spectacular Spring Meeting! Sincerely, Lisa J. Savitt Chair, ABA Section of International Law 2016 Spring Meeting Steering Committee Holger Bielesz, Wolf Theiss, Vienna, Austria Robert Brown, Bellarmine University, Louisville, KY Michael Byowitz, Wachtell Lipton Rosen & Katz, New York, NY Stephen Cain, Huron Consulting, New York, NY Kieran Cowhey, Dillon Eustace Solicitors, Dublin, Ireland Elena Cuatrecasas, Cuatrecasas, Gonçalves Pereira, New York, NY Khaliunaa Garamgaibaatar, The World Bank, Washington, DC Karla Haynes, Facebook, Menlo Park, CA Birgit Kurtz, Gibbons P.C., New York, NY Olufunmi Oluyede, TRLPLAW, Lagos, Nigeria Delissa Ridgway, U.S. Court of International Trade, New York, NY Maximiliano J. Trujillo, Tonio Burgos & Associates, Washington, DC
  4. 4. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 3 2016 Spring Meeting Planning Committee Current as of 12/8/15 Section Chair Lisa Savitt • The Axelrod Firm PC • Washington, DC USA Steering Committee Holger Bielesz • Wolf Theiss • Vienna, Austria Robert Brown • Bellarmine University • Louisville, KY USA Michael Byowitz • Wachtell Lipton Rosen & Katz • New York, NY USA Stephen Cain • Huron Consulting • New York, NY USA Kieran Cowhey • Dillon Eustace Solicitors • Dublin, Ireland Elena Cuatrecasas • Cuatrecasas, Gonçalves Pereira • New York, NY USA Khaliunaa Garamgaibaatar • The World Bank • Washington, DC USA Karla Haynes • Facebook, Menlo Park, CA USA Birgit Kurtz • Gibbons P.C. • New York, NY USA Olufunmi Oluyede • TRLPLAW • Lagos, Nigeria Delissa Ridgway • US Court of International Trade • New York, NY USA Maximillano J. Trujillo • Tonio Burgos & Associates • Washington, DC USA Planning Committee Onjefu Adoga • Brooke Chambers Law Firm • Lagos, Nigeria Paula Aguila • Rivero Mestre LLP • Miami, FL USA Fernando Aguirre • Bufete Aguirre • La Paz, Bolivia Fatima Maria Ahmad • Washington, DC USA Imran Ahmad • Cassels Brock Lawyers • Toronto, ON Canada Martin Aquilina • HazloLaw • Ottawa, ON Canada Charlene A. Atkinson • Georgetown University Law Center • Washington, DC USA Vanesa Balda • Vitale, Manoff & Feilbogen • Buenos Aires, Argentina Jeffrey Barnes • Borden Ladner • Toronto, ON Canada Eduardo Benavides • Berninzon & Benavides • Lima, Peru Philip Berkowitz • Littler Mendelson PC • New York, NY USA William R. Black • Home Shopping Latino, Inc. • Corto de Caza, CA USA Francisca Brodrick • BONF International Enterprises. • New York, NY USA J. Russell Bulkeley • Martin LLP • New York, NY USA Bob Calmes • Arendt & Medernach LLC • New York, NY USA Gordon Cameron • Stikeman Elliott • New York, NY USA Alan Casey • A&L Goodbody • New York, NY USA Chunghwan Choi • Lee & Ko • Seoul, South Korea Emily Christiansen • Kessler Topaz Meltzer Check LLP • Radnor, PA, USA Mykell Clem • Louisiana 4th Circuit Court of Appeal • New Orleans, LA USA Domenico Colella • Orsingher Ortu – Avvocati Associati • Rome, Italy Jean-Louis Collart • Mentha Avocats • Geneva, Switzerland Mattía Colonelli de Gasperis • Colonnelli de Gasperis • Milan, Italy Santiago Concha • C&R Law • Bogotá, Colombia Monique M. Couture • Gowlings • Ottawa, ON Canada Gabriel Dejarden • Dejarden Molina & Salcedo • Santo Domingo, Dominican Republic Lisl Dunlop • Manatt, Phelps & Phillips, LLP • New York, NY USA Neil Ellis • Sidley Austin LLP • Washington, DC USA Caroline Esche • Rubin, Winston, Diercks, Harris & Cooke, LLP • Ottawa, ON Canada Lyndsey Falconer • A&L Goodbody • New York, NY USA William Ferreira • Graham Curtin • New York, NY USA Richard Field • Law Office of Richard Field • Cliffside Park, NJ USA Daniel Forbes • Dillon Eustace • New York, NY USA Glenn G. Fox • Baker & McKenzie • New York, NY USA Timothy Franklin • Federal Dynamics • Boston, MA USA Marcelo Freitas Pereira • Costa Waisberg & Tavares Paes Law Firm • São Paulo, Brazil Michael Galligan • Phillips Nizer LLP • New York, NY USA Brigitte Gambini • Gambini International Law Office • New York, NY USA James Gelman • McGuireWoods • New York, NY USA Patrick Goudreau • DS Welch Bussieres • Montréal, QC Canada Stéphane Grynwajc • Law Office of S. Grynwajc, PLLC • New York, NY USA Meph Jia Gui • Global Law Office • Beijing, China Gwendolyn L. Hassan • CNH Industrial America LLC • Burr Ridge, IL USA
  5. 5. 4 Clifford J. Hendel • Araoz & Rueda • Madrid, Spain Athena Hou • Zelle Hofmann Voelbel & Mason LLP • San Francisco, CA Peter Hosinski • Becker Glynn Melamed & Muffy, LLP • Washington, DC USA Micoya Hutchins • Nashua, NH USA Jennifer C. Johnson • Verona, WI USA Rachael K. Jones • Round Rock, TX USA Carolina Juárez • International Practice Group, P.C. • San Diego, CA George Karayannides • Clyde & Co Canada LLP • Toronto, ON Canada Denis Kleinfeld • The Kleinfeld Law Firm • Miami, FL USA Noah Klug • Berry, Appleman & Leiden • Dallas, TX USA Birgit Kurtz • Gibbons P.C. • New York, NY USA Tamari Lagvilava • The George Washington University • Washington, DC USA Claire Lebé • Sanders Ortoli Vaughn-Flam Rosenstadt LLP • New York, NY USA Chinyelu Lee • Cleary Gottlieb Steen & Hamilton LLP • Washington, DC USA Jai Lee • Yulchon LLC • Seoul, South Korea Rosa Lima • Rosa Lima PC • Albuquerque, NM, USA DingFa “David” Liu • Jun He Law Offices • Shanghai, Tokyo José Francisco Mafla • Brigard & Urrutia Abogados • Bogotá, Colombia DeAnn Malone • Renewable Energy Group, Inc. • Ames, IA USA Ibrahim Edmund Mark • City Law Firm • Abuja, Nigeria Jason Matechak • International Law Institute • Washington, DC USA Nancy Matos • Deloitte Legal B.V. • Amsterdam, The Netherlands Kate Matthews • Boddy Matthews Solicitors • Gatwick, United Kingdom Sandra McCandless • Dentons US LLP • San Francisco, CA USA Daniel McGlynn • SolAero Techologies Corp. • Albuquerque, NM USA Jorge A. Mestre • Rivero Mestre LLP • Miami, FL USA Jonathan Meyer • New York, NY USA Nathalie Meyer Fabre • Meyer Fabre Avocats • Paris, France Linda A. Michler • Professional Dispute Resolution, LLC • Bethel Park, PA USA Dixon F. Miller • Porter Wright Morris & Arthur LLP • Columbus, OH, USA Adelle Mize • Freeman • Dallas, TX USA John Mournier • The Mournier Law Firm • San Francisco, CA USA Rachel Naegeli • Jones Waldo Holbrook & McDonough • Saint George, UT USA Stéphane de Navacelle • Navacelle Avocats • Paris, France Sanjay Notani • Economic Laws Practice • Mumbai, India Joao Otavio Oliverio • Oliverio Advogados • São Paulo, Brazil Kenneth Ottenbreit •Stikeman Elliott • New York, NY USA Fabian A. Pal • Fowler White Burnett • Miami, FL USA Nikolaus Pitkowitz • Graf & Pitkowitz Rechtsanwälte GmbH • Vienna, Austria Neil Quartaro • Watson, Farley & Williams • New York, NY USA Kenneth Rashbaum • Barton LLP • New York, NY USA Holly Reagan • UprightAfrica • Drexel Hill, PA USA Steven M. Richman • Clark Hill PLC • Princeton, NJ USA Mark F. Richardson • Franklin • Paris, France Rebecca A. Rodriguez • Gray Robinson • Fort Lauderdale, FL USA Inna Rozenberg • Cleary Gottlieb Steen & Hamilton LLP • New York, NY USA David Schwartz • Wachtell, Lipton, Rosen & Katz • New York, NY USA David Silk • Wachtell, Lipton, Rosen & Katz • New York, NY USA Holly Silver • Holly A. Silver, P.C. • New York, NY USA Alejandro E. Staines • Miranda & Estavillo, S.C. • Mexico City, Mexico Meredith B. Stone • NACCO Materials Handling Group, Inc. • Greenville, NC USA Neil Sullivan • International Tax Compliance Strategy • Scarsdale, NY USA Salli A. Swartz • Artus Wise (AARPI) • Paris, France Deniz Tamer • MTICC, Inc. • Bayside, NY USA Vikas Varma • Crush & Varma Law Group PC • Fishkill, NY USA Jami Mills Vibbert • Norton Rose Fulbright • New York, NY USA Ettie Ward • St. John’s University • New York, NY USA Mark E. Wojcik • The John Marshall Law School • Chicago, IL USA Philip Zhang • Zhong Lun Law Firm • New York, NY USA Markus Zwicky • Zwicky Windlin & Partner • Zug, Switzerland 2016 Spring Meeting Planning Committee (continued)
  6. 6. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 5 Sponsors and Exhibitors Primary Meeting Sponsor Platinum Sponsors
  7. 7. 6 A Premier Media Partner Tuesday Opening Reception Sponsor Thursday Luncheon Sponsor Friday Luncheon Sponsor Wednesday Afternoon Networking Break Sponsor Thursday Morning Networking Break Thursday Afternoon Networking Break Program Materials Sponsor Conference Bag Sponsor Lanyard Sponsor Country Sponsors CanadaLuxembourg China Spain Ireland Netherlands Sponsors and Exhibitors (continued)
  8. 8. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 7 Publicity Sponsors Media Sponsor
  9. 9. 8 Cooperating Entities
  10. 10. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 9 Meeting Agenda Tuesday, April 12, 2016 12:00 PM–6:30 PM Meeting Registration Open 1:00 PM–4:00 PM 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 Spring Meeting registrants. Light Lunch will be provided for Council members starting at 12:30 PM. 2:30 PM–3:30 PM Joint Swearing-In Ceremony: U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit Meeting attendees have the opportunity to be admitted to practice before the U.S. Court of International Trade (CIT) and U.S. Court of Appeals for the Federal Circuit. Only Spring Meeting registrants may be sworn in at this ceremony. Admission fees are paid by registrants directly to the courts. Attendance is open to registrants’ guests. If you are interested in being admitted to practice before the CIT and the U.S. Court of Appeals for the Federal Circuit, please check the appropriate box on the Spring Meeting registration form. On-site registration for this ceremony is not available and space is limited. 4:00 PM–5:15 PM Pathways to Employment in International Law (Non-CLE) Join us for this ‘How to’ program for law students and young lawyers seeking to bring their skills to the global arena, and experienced practitioners who wish to expand their practices into international law. This Pathways panel will be a joint program with the ABA Young Lawyers Division and will feature young lawyers who have a successful international practice. 4:00 PM–5:15 PM You Have More Influence Than You Think: How You Can Influence ABA, U.S. and Other Policy Around the World Do you see an international legal or policy issue or problem that deserves to be addressed or solved? Now is your chance! By elevating issues through the ABA policy- making process you can make a real difference. Once an official ABA policy has been adopted through Resolution, ABA members can testify at legislative hearings and can write regarding the ABA position. Other mechanisms, such as Blanket Authority (providing expedited adoption of policy by our Section after acquiescence by other Sections), enable the Section to comment on pending legislation or executive actions worldwide. This program will showcase actual case studies of ABA policy-making by members and Committees of our Section, and will detail the power and the glory, as well as the frustrations and “how to” of getting through the bureaucracy—the route and rewards of getting to Yes. MODERATOR: Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York, NY SPEAKERS: Michael H. Byowitz, Wachtell Lipton Rosen & Katz, New York, NY Patrick Del Duca, Zuber Lawler & Del Duca, Los Angeles, CA Lisl J. Dunlop, Manatt Phelps & Phillips LLP, New York, NY Linda Murnane, The Special Tribunal for Lebanon, Leidschendam, The Netherlands 6:30 PM–8:00 PM Opening Reception, Grand Hyatt Hotel Proudly Sponsored By: Start the 2016 Spring Meeting by getting to know your colleagues and fellow attendees. As the Meeting progresses, you will be able to share thoughts and experiences with those you meet at this opening reception. To make certain you meet as many people as possible, we will unveil a unique icebreaker activity. One ticket per person is included as part of your Spring Meeting registration fee; this reception is free to meeting attendees who have registered for the entire conference.
  11. 11. 10 Wednesday, April 13, 2016 6:30 AM–6:30PM Registration and Exhibit Hall Open 6:50 AM–8:00 AM Meeting Fun Run/Walk Ticketed Event—$15 Join us for a Fun 5K Run or 1 Mile Walk. Fee includes t-shirt and post–run refreshments. Please gather at Registration no later than 6:45 AM. 7:30 AM–8:45 AM Continental Breakfast & Committee Breakfast Meetings Join us to learn more about the Section’s committees (“the engines of the Section”). Find out about committee activities and opportunities to become more active in the Section. 9:00 AM–10:30 AM The Transatlantic Trade and Investment Partnership (TTIP) – Free Mobility of Lawyers, the Issues of Reciprocity of Access to the Legal Profession and the Reciprocity of Foreign Legal Consultant Status Offered to U.S. Attorneys in the European Legal Market The panel will attempt to provide an overview of the specificities of the various EU member states and issuing challenges. If the EU is able to propose a common approach to those issues, is the U.S. prepared to harmonize its own rules – which differ from state to state with, e.g. only 32 states recognizing the status of FLC? Some European prerequisites may include improving protection of European lawyers practicing in the U.S. recognition of the FLC status within the U.S. legal community, resolving practical issues, such as professional liability insurance coverage, official public listings, and granting registration numbers, all of which are generally provided by the EU bars to foreign attorneys practicing in their jurisdictions but not to EU lawyers in the US. Representatives of bar regulatory authorities and lawyers associations from both sides of the Atlantic will offer their perspectives, discuss their expectations and concerns, and provide some guidelines for an agreement. COMMITTEE SPONSOR: Europe COMMITTEE CO-SPONSORS: Foreign Legal Consultant; International Trade; International Ethics; International Law Practice Management; US Lawyers Abroad; International Corporate Counsel; Forum Transnational Legal Practice; Young Lawyers Interest Network PROGRAM CHAIR: Brigitte R. Gambini, Avocat à la Cour, New York, NY MODERATOR: Brigitte R. Gambini, Avocat à la Cour, New York, NY SPEAKERS: Louis-Bernard Buchman, Fieldfisher, Paris, France Orsolya Gorgenyi, President, International Association of Young Lawyers (AIJA); Szecskay Attorneys at Law, Budapest, Hungary Chief Justice Jonathan Lippman, State of New York and former Chief Judge Court of Appeals, New York, NY Laurel Terry, Penn State Dickinson Law School, Carlisle, PA 9:00 AM–10:30 AM Asian Mediation: A Foundation for Peace and Justice in the House or Bypass to the Rule of Law? As international business transactions and commerce continue to proliferate, so does the need for dispute resolution mechanisms. The need for efficiency, confidentiality and independent decision-makers often leads to mediation as a bypass to judicial process. Aside from avoiding judicial biases, overloaded dockets and astronomical legal fees, does mediation culminate in a just result or is the Rule of Law sacrificed for the sake of expediency? How does mediation mitigate power imbalances between or among the parties? Does mediation correct the flaws of judicial systems that are corrupt, inadequate or otherwise unavailable? An international panel of experts discusses the various facets of cultural influences, statutory requirements, and systemic impacts, including judicial “strong arming” and local political influence, with emphasis on whether mediation enhances or diminishes social stability and Rule of Law. COMMITTEE SPONSOR: Asia/Pacific COMMITTEE CO-SPONSORS: China; Russia-Eurasia; International Mediation MODERATOR: Deanne Wilson, Resolutions LLC, Mendham, NJ SPEAKERS: Prof. Carl Minzner, Fordham University Law School, New York, NY Sylvia Siu, Messrs. Sit Fung Kwong & Shum, Hong Kong Yoshi Takatori, GM-Global Operations, Obara Corp, Tokyo, Japan William Wu Jackson, Shanghai Duan & Duan Law Firm, Shanghai, China 9:00 AM–10:30 AM BOOM or BUST: How It is Shaping the Future of the Petroleum Industry in the Americas Over the past decade the U.S. has gone from bust to boom through the development of unconventional petroleum using hydraulic fracturing, “fracking,” and other advanced technologies. The U.S. is now challenged by falling oil prices, its Clean Energy Plan, and social and environmental concerns. Nonetheless, the U.S. example has spurred other countries to implement legal reforms in search of their own boom. Although controversial, fracking will release hydrocarbons otherwise trapped in Argentina’s vast shale deposits. Focused on overcoming Argentina’s declining conventional hydrocarbon production, it enacted a legal framework that favors the development of unconventional hydrocarbon resources. Contemporaneously with developments in Argentina, Mexico executed its 2013 Constitutional Reform, which is meant to lure international petroleum companies to Mexico’s petroleum sector in search of El Dorado. These
  12. 12. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 11 paradigm shifting scenarios are shaping the future of the petroleum Industry in the Americas – will the bust hinder them or will national efforts encourage a new boom. COMMITTEE SPONSOR: International Energy and Natural Resources PROGRAM CHAIRS: Benedict J. Kirchner, Steptoe & Johnson PLLC, Meadville, PA Mariana Ardizzone, Ardizzone Abogados, Buenos Aires, Argentina MODERATOR: Benedict J. Kirchner, Steptoe & Johnson PLLC, Meadville, PA SPEAKERS: Mariana Ardizzone, Ardizzone Abogados, Buenos Aires, Argentina César Fernandez Gomez, Pemex, Mexico City, Mexico Scott Roberts, The KSA Group/PIOGA, Harrisburg, PA 9:00 AM–10:30 AM Remember Derivatives and the Promised Harmonization and Universal Regulation? Hey – Who Turned the Lights Out? Let’s return to 2009 and the financial meltdown. Yes, that financial meltdown. All the scandalized news flowing daily about derivatives and swaps and how they ruined the fixed income market. Remember the promises to tame these “bad boys” and harmonize the regulation of OTC and listed derivatives on a uniform basis around the world? Well, after six years we have, well, precisely, nothing in worldwide regulation. This program will review where we are and where we are going in this important area of financial products and will ask the simple question: Did we miss the boat once again? COMMITTEE SPONSOR: International Financial Products and Services PROGRAM CHAIR: Ronald H. Filler, New York Law School, New York, NY MODERATOR: Ronald H. Filler, New York Law School, New York, NY SPEAKERS: Maria Chiodi, Credit Suisse Securities LLC, New York, NY Gary DeWaal, Katten Muchin, New York, NY Dean Christian Johnson, Dean of Widener Law School, Wilmington, DE Jamila Piracci, National Futures Association, New York, NY 9:00 AM–10:30 AM Managing Risk Through the Headlines: General Counsel in News Media This program is intended to showcase the unique challenges confronting general counsel in the news media. Rapid technological innovations and generational shifts require content to be delivered through a broad array of channels. As news executives contemplate what millennials expect from the news, managing and protecting content from copyright infringement and cyberattacks are constant concerns. The rise of “citizen journalists” presents great potential in the flow of information generally and perhaps most importantly in jurisdictions that place constraints on freedom of the press. They do, however, raise complicated questions about what is “news” and who is positioned to report. Ethics in journalism, generally, is under heavy pressure as the push for the big story and tendency towards advocacy place strains on objective reporting. Finally, securing journalists and their production teams reporting from battlefields and hot zones like West Africa to report on the deadly Ebola virus, while not new, place human assets at great risk, raising complex legal questions. COMMITTEE SPONSOR: International Corporate Counsel COMMITTEE CO-SPONSORS: International Ethics; New Media and Content Innovation; Privacy, E-Commerce and Data Security PROGRAM CHAIR: Ingrid Busson-Hall, Morgan Stanley, New York, NY MODERATOR: Gilda I. Mariani, New York County District Attorney, New York, NY SPEAKERS: Jonathan Donnellan, Vice President and Deputy General Counsel, Hearst Corporation, New York, NY 9:00 AM–10:30 AM The New Cold War: Fighting Corruption in Eastern Europe The conflict in Ukraine has once again drawn attention to the problem of corruption in Eastern Europe. Ukraine’s ability to attract foreign political, military and financial support will, to a large extent, depend on its ability to clean up corruption. In trying to combat corruption, Ukraine is drawing heavily on Georgia’s experience. At the same time, other countries in the region, including Romania, Bulgaria and Serbia are trying to meet EU expectations about anti-corruption, and are looking to models from other countries within the region, including Poland and the Baltics. This panel will examine the various anti-corruption strategies being used within the region, their transferability across countries, and the role of the Ukraine conflict as a driver of current anti-corruption efforts. COMMITTEE SPONSOR: International Anti-Corruption COMMITTEE CO-SPONSOR: Russia/Eurasia PROGRAM CHAIR: Thomas Firestone, Baker & McKenzie, Washington, DC MODERATOR: Thomas Firestone, Baker & McKenzie, Washington, DC SPEAKERS: David Raymond Lewis, U.S. Attorney’s Office Southern District of New York, New York, NY Irina Patriashvili, RULG, Ukrainian Legal Group, Kiev, Ukraine Corina Rebegea, Center for European Policy Analysis, Washington, DC Temuri Yakobashvili, former Georgian Ambassador to the U.S., Washington, DC 10:30 AM –11:00 AM Networking Break
  13. 13. 12 Wednesday, April 13, 2016 (continued) 11:00 AM–12:30 PM Spin to Win: The Increasing use of Spin-Off Transactions Including in Response to Demands by Activist Stockholders Worldwide In 2014, U.S. companies announced a record number of spinoffs—transactions in which they, in the words of the Wall Street Journal, “push unwanted or unrelated businesses out of the corporate nest as stand-alone entities.” Spin-offs have also proliferated in Europe. Often driven by demands by activist shareholders, spin-off transactions have become increasingly popular as a way to command higher valuations for businesses. They also can result in tax advantages. This panel will explore the factors that have led to the proliferation of spin-off transactions, with a particular focus on the cross-border context. After focusing on the rules of the road for structuring a spin-off transaction, panelists will consider a host of legal issues spin-off transactions present, comparing how the legal issues differ from jurisdiction to jurisdiction. For example, to whom do the directors of the spinning corporation owe fiduciary duties in structuring the transaction? The stockholders of the existing company or the company to be spun off, or both? Which entity does counsel represent? Who holds the attorney- client privilege after the transaction is completed? What types of obligations are owed to employees or third-party constituencies? The panel will include lawyers from the U.S., Europe and Latin America. COMMITTEE SPONSOR: International M&A and Joint Venture COMMITTEE CO-SPONSORS: Europe; International Commercial Transactions, Franchising and Distribution; International Corporate Counsel; International Private Equity; International Tax PROGRAM CHAIR: Elena C. Norman, Young Conaway Stargatt & Taylor, LLP, Wilimington, DE MODERATOR: Elena C. Norman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE SPEAKERS: Vanesa Balda, Vitale, Manoff & Feilbogen, Buenos Aires, Argentina Maura McLaughlin, Arthur Cox, Dublin, Ireland Jean-Claude Rivalland, Allen & Overy LLP, Paris, France William Savitt, Wachtell Lipton Rosen & Katz, New York, NY Kristine Wellman, The Chemours Company, Wilmington, DE 11:00 AM–12:30 PM A Workforce on Demand: Does the Uberization of the Workforce Spell the End of Employment As We Know It? The gig economy is intensifying the existing upheaval in the regulated employment relationship. But with Uber provoking law suits and political battles around the globe, and litigation over workers’ rights widespread, “employment” is not surrendering. A panel of international employment lawyers will bring you up-to-date reports from the field about alternate models for getting work done – from on-demand apps and online job platforms, to PEO’s and outsourcing, to independent contractors —and the legal challenges that they face. We will share information about the reality of contingent work for a fast-increasing proportion of the global workforce. We’ll consider the latest “post-employment” models, designed to free companies of employment obligations while also providing protections for workers. Join us as we debate the implications of this new labor landscape, and we’ll all leave better equipped to make predictions about the future of employment COMMITTEE SPONSOR: International Employment Law COMMITTEE CO-SPONSORS: International Litigation; International Corporate Counsel Forum PROGRAM CHAIR: Anna Birtwistle, Cm Murray LLP, London, UK MODERATOR: Judy Polacheck, Polacheck HR Law LLC, Cambridge, MA SPEAKERS: Anna Birtwistle, Cm Murray LLP, London, UK Roselyn Sands, GIE Ernst & Young, Paris, France 11:00 AM–12:30 PM Your IT Manager Hasn’t Returned From His Vacation in Hong Kong For Over a Week…. And your CFO is reporting some of the company’s financial records are missing, your technical trade secrets are on the Internet, and your salespeople are reporting that your customers have received copies of some personal emails. Your cybersecurity effort has become a cyber- disaster. A panel of cybercrime experts from government and academia, and a computer forensics expert from the private sector, examine a hypothetical cross-border international industrial cyber-espionage incident, possibly by nation state actors. The panelists evaluate innovative countermeasures being taken by hackers to “cover the tracks,” multi-country multi-agency cooperation, and cyber-playbooks for preventing, detecting and responding to incidents. COMMITTEE SPONSOR: Privacy, E-Commerce and Data Security COMMITTEE CO-SPONSOR: International Intellectual Property Rights PROGRAM CHAIR: W. Gregory Voss, University of Toulouse, Toulouse Business School, Toulouse, France MODERATOR: Daniel McGlynn, SolAero Technologies Corp., Albuquerque, NM SPEAKERS: Brian L. Levine, Computer Crime and Intellectual Property Section, U.S. Department of Justice, Washington, DC Rhea Siers, Zeichner, Ellman and Krause, New York, NY, and Scholar-In-Residence, The George Washington University, Center for Cyber and Homeland Security, Washington, DC David Wong, Mandiant, A FireEye Company, New York, NY
  14. 14. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 13 11:00 AM–12:30 PM Are the Long Arms Growing Legs? The Expansion of Extraterritorial Jurisdiction In a globalized world where businesses and individuals operate and produce effects across borders, the extraterritorial application of national laws is gaining greater importance. The arrests in Zurich of FIFA officials on charges of violating U.S. laws prompted extensive public discussion of this ongoing trend. While this tendency was introduced by the U.S., many states, including European states and Russia, now seek to apply their laws extraterritorially. The use of extraterritorial jurisdiction has been growing fast across different spheres and concerns such areas as antibribery and anticorruption, antitrust, banking, corporate, criminal and civil law and procedure, etc. These developments raise a number of questions: Does the extraterritorial application of national laws comply with international law and the laws of other states? Are there any limits to the extraterritorial jurisdiction? How should jurisdictional conflicts be resolved? This international panel will address these questions from legal, practical and policy perspectives. COMMITTEE SPONSOR: Russia/Eurasia COMMITTEE CO-SPONSORS: Export Controls and Economic Sanctions; International Anti-Corruption; International Anti-Money Laundering; International Antitrust Law; International Commercial Transactions, Franchising and Distribution; International Criminal Law; International Judicial Affairs; International Litigation; International Trade; Privacy, E-Commerce and Data Security PROGRAM CHAIR: Dmitry Lysenko, Baker & McKenzie, Moscow, Russia MODERATOR: Glenn P. Hendrix, Arnall Golden Gregory, LLP, Atlanta, GA SPEAKERS: Bruce W. Bean, Michigan State University Law School, East Lansing, MI Vittorio Cottafavi, U.S. Department of Justice, Washington, DC Anna Kozmenko, Schellenberg Wittmer Ltd, Zurich, Switzerland Dmitry Lysenko, Baker & McKenzie, Moscow, Russia 11:00 AM–12:30 PM What You Don’t Know Can Hurt You: Ethics Considerations When Choosing a Seat of Arbitration When considering seats of arbitration, parties and counsel consider factors such as the seat’s arbitral law, its courts’ support of arbitration, and the pool of available arbitrators. However, they may overlook critical ethics issues that can impact the arbitration which depend at least in part on the choice of arbitral seat. Panelists will present and engage with the audience on four key issues related to the seat of arbitration: (1) What ethical rules will apply to counsel?; (2) What duties of disclosure will apply to potential arbitrators? (3) Is third-party funding allowed?; and (4) If evidence of corruption is uncovered, does counsel or the tribunal have a duty to report to state authorities? These issues will be examined from the perspectives of the academic, the practitioner, the arbitrator and the arbitral institution. Panelists will also address the growing trend of soft law guidance on ethics in international arbitration. (Ethics) COMMITTEE SPONSOR: International Arbitration COMMITTEE CO-SPONSORS: International Courts; International Litigation; International Mediation PROGRAM CHAIR: Edna Sussman, Sussman ADR LLC, Scarsdale, NY MODERATOR: Edna Sussman, Sussman ADR LLC, Scarsdale, NY SPEAKERS: Alexandra Dosman, New York International Arbitration Center, New York, NY Klaus Reichert SC, Brick Court Chambers, London, UK Catherine A. Rogers, Penn State Law, State College, PA and Queen Mary University, London, UK Kim Rooney, Gilt Chambers, Hong Kong 11:00 AM–12:30 PM The Rule of Law and the International Movement of Goods: The Relationship Between Trade Law, Economic Justice, Human Rights and the Eradication of Poverty International trade impacts the lives of everyone on the planet in one way or the other. For some, the international movement of goods enhances the quality of life but for others it creates new suffering, injustice, slavery or worse. International trade allows the creation of income and a rise in the standard of living for some but for others trade has resulted in the deprivation of human rights. This panel will explore the intersection between trade law, human rights, economic justice and the goal of eradicating poverty. Where has the rule of law, in the context of trade, succeeded and been positive and where has the rule of law been compromised with tragic consequences? Most importantly, this panel will ask the question of how trade law can be a better tool for positive change and how lawyers can lead in this effort. (Ethics) COMMITTEE SPONSOR: Customs Law PROGRAM CHAIR: Gregory Kanargelidis, Blake, Cassels & Graydon LLP, Toronto, Canada MODERATOR: Lawrence W. Hanson, The Law Office of Lawrence W. Hanson, P.C., Houston, TX SPEAKERS: Judge Leo M. Gordon, Court of International Trade, New York, NY Jose Francisco Mafla, Brigard Urrutia Abogados, Bogota, Colombia Judge Tim C. Stanceau, Chief Judge, of the Court of International Trade, New York, NY Jung-ui Sul, Sidley Austin LLP, Brussels, Belgium
  15. 15. 14 Wednesday, April 13, 2016 (continued) 12:45 PM–2:15 PM Committee Networking Luncheon Come and join your committee, or a committee that interests you, at the Committee Networking Luncheon. This is the perfect opportunity for networking, relationship building, and spending time with others at the meeting who work in your practice area and share similar interests. If you have any questions about planning for this event at the Spring Meeting, please contact Sophie Wilmot at sophie.wilmot@ americanbar.org. 2:30 PM–4:00 PM On the Trail of Hot Money. . . .Busting Trusts, Piercing Veils and Other Means of Locking Down Stolen Assets Fraudsters and kleptocrats hide their stolen assets and will do everything possible to conceal their tracks. Stolen assets exist behind a veneer of legitimacy. Even victims with substantial resources to locate and seize fraudulently acquired assets need to be increasingly innovative in pursuing investigation and recovery. Considerable strides have been made to assist victims since the launch of the World Bank’s Stolen Asset Recovery Initiative (StAR). It remains the case that the means of redress available to victims of fraud and corruption on an international scale are firmly rooted in national laws. Ensuring that victims have a greater understanding of the remedies available in multiple jurisdictions and the interaction between civil and criminal processes remains key. The session will focus on the evolving methodologies applied in asset recovery cases including recourse to insolvency based remedies focusing in particular on tackling the ostensibly legitimate arrangements designed to block successful asset recovery. COMMITTEE SPONSOR: International Litigation COMMITTEE CO-SPONSOR: International Criminal Law PROGRAM CHAIR: Jonathan Tickner, Peters & Peters, London, UK MODERATOR: Jonathan Tickner, Peters & Peters, London, UK SPEAKERS: Holger Bielesz, Wolf Theiss, Vienna, Austria Lisa Bostwick, The World Bank Group, Washington, DC Sandrine Giroud, Counsel at Lalive, Geneva, Switzerland Gonzalo S. Zeballos, Baker Hostetler LLP, New York, NY 2:30 PM–4:00 PM Tricks of Trade: How to Spot International Trade Issues in Your Business Transactions How do you know when you have an international trade problem in your business transaction? Trade issues abound in international business transactions, whether it is an M&A deal, a joint venture or foreign investment, or merely the day-to-day logistics of a cross-border business. As business becomes globalized, one of the key skills that in-house counsel and transactional lawyers offer is knowing when and how to call in the specialists. Customs compliance, export controls and economic sanctions, corruption issues and the opportunities and pitfalls presented by preferential trade and investment agreements are all areas frequently overlooked – until there is a problem. Panelists will discuss hypothetical case studies of common business transactions, enabling participants to get hands-on experience identifying and analyzing trade issues. Join a panel of trade law experts to hear stories from the front lines and learn how to spot the trade issues lurking beneath the surface of everyday transactions. COMMITTEE SPONSOR: Young Lawyers’ Interest Network COMMITTEE CO-SPONSORS: Customs; International Corporate Counsel; International M&A and Joint Venture; International Trade PROGRAM CHAIR: Jessica Horwitz, Bennett Jones LLP, Toronto, Canada MODERATOR: Jessica Horwitz, Bennett Jones LLP, Toronto, Canada SPEAKERS: Lourdes Catrain, Hogan Lovells, Brussels, Belgium Karla Haynes, Facebook, Inc., Menlo Park, CA Christine H. Martinez, Precision Castparts Corporation, Portland, OR Turenna Ramirez Ortiz, Sánchez Devanny, Mexico City, Mexico 2:30 PM–4:00 PM Foreign Law Firms: Is There Something to Get Excited About? This panel will discuss recent developments in India that signal a roll-back of the ban on foreign lawyers practicing in India. Speakers will add a new voice to the ongoing debate to shift the focus from protectionism vs. market access (i.e., what is good (or bad) for the local domestic bar) to looking at what might benefit India’s broader economic interest. The panel will examine the newer constituencies within the Indian bar, which are increasingly active and are questioning the status quo. The panel will examine claims of certain Indian government officials, who are concerned with the impediment to international trade and investment posed by the ban on foreign lawyers. This program ties into the Indian government’s “Make in India” initiative, which aims to make India a manufacturing hub for the global supply chain. There are also indications of a U.S.-India bilateral dialogue on a range of commercial law issues, including the exchange of legal services. (Legal Profession) COMMITTEE SPONSOR: U.S. Lawyers Abroad COMMITTEE CO-SPONSORS: Africa; Europe; Foreign Legal Consultant; India; Latin America and Caribbean; Mexico; Transnational Legal Practice PROGRAM CHAIR: Anand Dayal, Advocates and Barrister, New Delhi, India MODERATOR: Laurence P. Wiener, Wiener Soto Caparros, Buenos Aires, Argentina SPEAKERS: Justin S. Antonipillai, US Department of Commerce, Washington, DC Chunghwan Choi, Lee & Ko, Seoul, South Korea Prof. Jayanth Krishnan, Indiana University School of Law, Bloomington, IN Prof. Carole Silver, Northwestern University Law School, Chicago, IL
  16. 16. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 15 2:30 PM–4:00 PM Early Stages of International M&A: Shareholder Activism, Venture Backed Companies and Liability Risks This program will review how VC Funds approach investments in growth companies and due diligence issues, liability risks arising from entering into pre- contractual documents such as Term Sheets, Letters of Intent and Memorandum of Understanding, the strategies and legal instruments used by activist shareholders to oppose or modify transactions, and possible responses to such activists. Shareholder activism is on the rise, as shareholders assert their power as owners of the company to influence its behaviour more and more, which presents a significant challenge for VC Funds looking to make a non-traditional or risky investment. The program will also note the differences in activist behaviour in Europe vs. the United States. COMMITTEE SPONSOR: Europe Committee COMMITTEE CO-SPONSORS: Art & Cultural Heritage Law; International Antitrust Law; International M&A and Joint Venture; International Securities and Capital Markets PROGRAM CHAIR: Elena Bojilova, Jones Day, Brussels, Belgium MODERATOR: Nancy Matos, Deloitte Legal B.V., Amsterdam, The Netherlands (invited) SPEAKERS: Mattia Colonnelli de Gasperis, Colonnelli de Gasperis Studio Legale, Milano, Italy João Otávio Olivério, Olivério Advogados, São Paulo, Brazil Catherine X. Pan-Giordano, Dorsey & Whitney, LLP, New York, NY 2:30 PM–4:00 PM Dawn Raids in Practice: Lessons from Recent Developments Any company can be subject to a dawn raid by authorities investigating a competition law infringement and it’s crucial to know how to handle this type of investigations and to be prepared in advance. Different jurisdictions around the world are increasingly making use of this tool in their investigations. In addition, several recent rulings from the EU Court of Justice, from some EU Member States Courts and the European Court of Human Rights have defined some important elements regarding dawn raids. This program will consider the main practical issues when facing a dawn raid to the light of recent developments in the U.S., Brazil, China and the EU, inter alia: • The competition authorities’s powers and the authorization to carry out the inspection; • The action plan during the search; • Seizure of documents (electronic documents, phone messages, private e-mail accounts), and legal privilege; • The company’s duty to cooperate /obstruction; • The role of the counsel COMMITTEE SPONSOR: International Antitrust Law COMMITTEE CO-SPONSORS: Europe; International Corporate Counsel; International Criminal Law; International Human Rights PROGRAM CHAIR: Jessica Horwitz, Bennett Jones LLP, Toronto, Canada MODERATOR: Michael L. Martinez, Marriott International, Inc., Bethesda, MD SPEAKERS: Susana Cabrera, Garrigues, New York, NY/Madrid, Spain Susan Ning, King Wood Mallesons, Beijing, China Fiona Schaeffer, Milbank, New York, NY Cristianne S. Zarzur, Pinheiro Neto Advogados, São Paulo, Brazil 2:30 PM–4:00 PM National Action Plans on Business and Human Rights The United Nations Guiding Principles on Business and Human Rights (UNGPs) were unanimously endorsed by the UN Human Rights Council in 2011 and were endorsed by the American Bar Association in 2012. These principles affirm that businesses have a responsibility to respect human rights and that States have a duty to ensure that they do so by taking “appropriate steps to prevent, investigate, punish, and redress [business- related human rights] abuse through effective policies, legislation, regulation, and adjudication.” Since 2011, nearly 40 countries, including the United States, have embarked on processes to develop National Action Plans (NAPs) on business and human rights as a means of transforming the UNGPs into actual laws, regulations, and policies at the national level. This panel will provide an opportunity for stakeholders to share challenges and best practices in NAPs development and explore strategies and opportunities for collaboration to promote NAPs on business and human rights. COMMITTEE SPONSOR: Corporate Social Responsibility COMMITTEE CO-SPONSORS: International Human Rights; International Investment and Development; International Trade; UN and International Institutions PROGRAM CHAIR: Sara Blackwell, International Corporate Accountability Roundtable (ICAR) MODERATOR: Sara Blackwell, International Corporate Accountability Roundtable (ICAR) SPEAKERS: Mark Hodge, Global Business Initiative for Human Rights, East Sussex, UK Paloma Munoz Quick, Danish Institute for Human Rights, Copenhagen, Denmark Jonathan Smithers, President, Law Society of England and Wales, London, UK Melike Yetken U.S. National Contact Point for the OECD Guidelines, U.S. Department of State, Washington, DC
  17. 17. 16 Wednesday, April 13, 2016 (continued) 4:00 PM–4:30 PM Networking Break Proudly Sponsored By: 4:30 PM–6:00 PM The Role of Mediation in Resolving U.S. Claims Against Cuba Resolution of U.S. claims against Cuba is critical to the normalization process, so as to remove obstacles that these claims may pose to U.S. investments and commerce with Cuba. There are 9,000 certified claims, with an estimated value of $8 billion, and three court judgments, with present value of over $3 billion. Cuba will assert claims against the U.S. for damages from the U.S. embargo, which Cuba values at $157 billion and assets frozen in U.S. banks, estimated at $270 million. The U.S. and Cuban governments are negotiating these claims. This presents a timely opportunity for considering mediation as a tool to assist with the resolution of these claims. This program provides an in-depth discussion and analysis about the legal and practical obstacles the U.S. claims may present to U.S. investments and commerce with Cuba, and how mediation may assist in resolving these claims. COMMITTEE SPONSOR: International Mediation Committee COMMITTEE CO-SPONSOR: Latin America and Caribbean Committee PROGRAM CHAIR: Ricardo J. Cata, White & Max, Miami, FL MODERATOR: Ricardo J. Cata, White & Max, Miami, FL SPEAKERS: Richard Feinberg, University of California, San Diego School of Global Policy and Strategy, San Diego, CA Antonio C. Martinez, II, Gerstman Schwartz Malito, LLP, New York, NY James M. Meyer, Harper Meyer Perez Hagen, O’Connor Albert & Dribin LLP, Miami, FL Nancy M. Thevenin, Thevenin Arbitration & ADR, LLC, New York, NY 4:30 PM–6:00 PM Developing Your Personal Brand in the Digital Age: Content Marketing, Metrics and More Referrals Proving return on investment for marketing spend has never been more essential. In this session an expert panel will explore the role of content marketing in today’s legal industry, providing a step-by-step guide on how to utilize analytics to measure the success of business development initiatives and create revenue-generating opportunities. Speakers will include two digital marketing experts with experience promoting global firms in local markets; a senior in-house counsel ‘content consumer’ with invaluable insight on the most attractive and useful content; and a partner from a major independent law firm with experience of going to market as an author. In today’s increasingly competitive international market, this panel will provide the essential toolkit to give your digital presence a professional edge. (Legal Profession) COMMITTEE SPONSOR: Young Lawyers Interest Network PROGRAM CHAIR: Jonathan Bell, Lexology, London, UK MODERATOR: Jonathan Bell, Lexology, London, UK SPEAKERS: John W. Boscariol, McCarthy, Tetrault LLP, Toronto, Canada Daryl Drabinsky, DLA Piper, New York, NY John W. Hamlin, Marsh & McLennon Companies, Inc., New York, NY Marci Taylor, MantraPartner LLP, Philadelphia, PA 4:30 PM–6:00 PM Beyond the Oligarchs: A Survey of Russia’s Vibrant High-Tech Sector and the Law The University of California – Berkeley Law School and academicians from the Higher School of Economics in Nizhny Novgorod, Russia recently conducted in five major Russian cities a joint, groundbreaking survey of Russian venture capitalists, high-tech entrepreneurs, scientists and engineers. The survey addressed their experience with Russian law in such areas as IP, technology transfer, investment, state procurement and tax. More than a hundred representatives from leading small and medium enterprises participated. We will discuss the survey’s results using inter-active graphs, with links available to the audience so that they will be able to manipulate the graphs and fully participate in the discussion. Russian and American economists, VCs and lawyers deeply knowledgeable of the Russian high-tech sector will engage the audience and each other while discussing the survey results. The survey originated from the work of the U.S.-Russia Bilateral Presidential Commission in analyzing legal obstacles to innovation in Russia. COMMITTEE SPONSOR: Russia/Eurasia COMMITTEE CO-SPONSOR: International Intellectual Property Rights PROGRAM CHAIR: Pamela Egan, Rimon P.C., San Francisco, CA, and Senior Research Fellow, Berkeley Center for Law Business and the Economy, UC Berkeley, School of Law, Berkeley, CA MODERATOR: James T. Hitch, retired Managing Partner of Kiev and St. Petersburg Offices of Baker & McKenzie, Coral Gables, FL SPEAKERS: Pamela Egan, Rimon P.C., San Francisco, CA, and Senior Research Fellow, Berkeley Center for Law Business and the Economy, UC Berkeley, School of Law, Berkeley, CA Eduard Fiyaksel, Higher School of Economics, Nizhny Novgorod, Russia Olga Loy, Jones Day, Chicago, IL Christopher Stone, DaVinci Capital, Moscow, Russia
  18. 18. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 17 4:30 PM–6:00 PM Employers Abroad: How to Avoid An Ex-Pat Nightmare in Mexico and Latin America – Trends in Cross-Border Employment, Tax and Immigration Law In many cases, companies with operations abroad have foreign personnel managing their local business (Executives, Directors, Managers, etc.); from a business perspective, this may be a sound decision, but there are risks that must be analyzed prior to embarking on this idea (or even if this has been executed). Doing so will aid companies determine what are the best options and how they need to prepare for possible difficulties they may face with local law authorities, and more importantly should the relationship with their employees deteriorate. Lawyers from different jurisdictions will share their knowledge on how companies need to prepare and what are the legal (tax, social security, immigration, personal liability and employment) and financial contingencies a company can run into and how companies can protect themselves. COMMITTEE SPONSOR: Mexico COMMITTEE CO-SPONSORS: International Corporate Counsel; International Labor and Employment Law; Latin America & Caribbean PROGRAM CHAIRS: Rene Alva, EC Legal (Ciudad Juarez), El Paso, TX Benjamin C. Rosen, Rosen Law, San Jose Del Cabo, Mexico MODERATOR: Rene Alva, EC Legal (Ciudad Juarez), El Paso, TX SPEAKERS: Roberta J. Burnette, Dentons, Los Angeles, CA Charles E. Engeman, Ogletree, Deakins, Nash, Smoak & Stewart, St. Thomas, USVI Theodore Goloff, Robinson Sheppard Shapiro, Montreal, Canada Marianela Peralta, Walmart Stores, Inc. Bentonville, AR 4:30 PM–6:00 PM Latest Global Trend in Regulation of Insider Trading and Market Abuse The regulation of insider trading and market abuse is in “flux” whilst in the U.S. a new codified approach is being assessed, and the EU recently published a far reaching regulation coming into effect on July 3, 2016. How do Canada and other jurisdictions deal with this topic? By means of fictitious and real cases, the panel will discuss and explain differences, trends and recent court decisions. COMMITTEE SPONSOR: International Securities and Capital Markets COMMITTEE CO-SPONSOR: International Financial Products and Services PROGRAM CHAIR: Manfred Ketzer, Hausmaninger Kletter, Vienna, Austria MODERATOR: Manfred Ketzer, Hausmaninger Kletter, Vienna, Austria SPEAKERS: Edward F. Greene, Cleary Gottlieb, New York, NY Rob Lando, Osler, New York, NY Cheryl Nichols, Howard University School of Law, Washington, DC 7:00 PM–9:00 PM Reception at Gotham Hall Join your colleagues at the amazing Gotham Hall on Broadway and 36th Street! Designed by Phillip Sawyer, one of the leading architects of his time, the building (completed in 1924) served as headquarters for the Greenwich Savings Bank for over 50 years. See how architects used imposing facades and central space based on Roman design to impress customers – and attract their money. Sawyer took inspiration from the Roman Flavian amphitheater and Coliseum and adapted it to a four-sided plan focused on a truly magnificent elliptical banking room. Both the exterior and the first floor interior of the building have been designated New York City Landmarks, and the building is on the National Register of Historic Places. It is the perfect setting for a Section of International Law reception. One ticket per person is included as part of your Spring Meeting registration fee; this reception is free to meeting attendees who have registered for the entire conference.
  19. 19. 18 Thursday, April 14, 2016 7:00 AM– 6:30 PM Registration and Exhibit Hall Open 7:30 AM– 8:45 AM Continental Breakfast & Committee Breakfast Meetings Join us to learn more about the Section’s committees (“the engines of the Section”). Find out about committee activities and opportunities to become more active in the Section. 9:00 AM–10:30 AM Art Law I: Fakes and Forgery in the Contemporary Art Market; Diligence, Contracts and Remedies The market for Post-War and Contemporary American paintings has become the hottest sectors in the art market. Not surprisingly, the high values for name-brand contemporary paintings have attracted the attention of forgers. In consequence, the contemporary art market has recently seen a number of high-profile scandals, such as the forged Modern American Masters sourced from Glafira Rosales sold by the Knoedler Gallery and the forged Jackson Pollack trove sold by John Re. The consequences of these transactions are still rippling through the art market. Panelists from private practice around the world will discuss ways in which art market participants can mitigate risk through due diligence and contractual protections, and review the rights and remedies of collectors, dealers and art advisers in disputes dealing with stolen and forged art. Topics will include cases on fraud, government investigations of forgery of artwork, and due diligence standards for the purchase and sale of works of art on the international art market. COMMITTEE SPONSOR: Art & Cultural Heritage Law COMMITTEE CO-SPONSORS: Europe; International Anti-Money Laundering; International Commercial Transactions, Franchising and Distribution; International Litigation PROGRAM CHAIR: Michael McCullough, Pearlstein & McCullough LLP, New York, NY MODERATOR: Michael McCullough, Pearlstein & McCullough LLP, New York, NY SPEAKERS: Jean-François Canat, UGGC Advocats, Paris, France Lisa Gerhauser, Bonhams, San Francisco, CA Karen Sanig, Partner, Mischon Del Reya, London, UK Meredith Savona, FBI, New York, NY 9:00 AM–10:30 AM How to Navigate in Latin American Turbulent Waters After the Commodities Boom After years of economic growth, Latin American countries (as well as others in different parts of the world) are beginning to feel the effects of deceleration around the globe. That will bring troubles to all the parties involved in projects in Latin American countries, mainly foreign investors and contractors, who might face the prospect of changes in the rules of the game. It might be the time to recheck past experiences about the region and try to be prepared for the legal challenges that might arise in the coming years. The panel will focus on three known phenomena, which used to be present decades ago: nationalization of assets and projects; change of laws looking for better conditions for the governments in the deals; and difficulties for enforcement of contracts when economic distress becomes the rule, and not the exception. COMMITTEE SPONSOR: Latin America and Caribbean COMMITTEE CO-SPONSOR: Foreign Legal Consultant PROGRAM CHAIR: Leonardo Sempertegui, Sempertegui Ontaneda, Quito, Ecuador MODERATOR: Salli Anne Swartz, Artus Wise Partners, Paris, France SPEAKERS: Eduardo Ramos Gomez, Duane Morris, Singapore Meaghan McGrath, Chief Counsel, International Finance Corporation, Washington, DC Ariel Ramos, Haynes & Boone, Mexico City, Mexico Leonardo Sempertegui, Sempertegui Ontaneda, Quito, Eduador 9:00 AM–10:30 AM How to Avoid Suspension and Debarment: A Potent Government Consumer Remedy and Serious Consequences for Corporations and Individuals Debarment is one of the most potent business remedies a government as consumer can employ. With an increasing global focus on corporate governance and responsibility, what your client does abroad may impact both domestic and international business. Convictions under the FCPA and other anti-corruption laws, for example, can result in preliminary suspension and/or ultimately debarment. The remedy protects public funds and the integrity of award systems. Not only are companies and individuals precluded from receiving public procurement and nonprocurement awards, but there can also be collateral consequences impacting business reputation, stock prices and financing. In addition to the U.S., a growing number of international entities such as the World Bank and Public Works and Government Services Canada have adopted suspension and debarment tools. Attendees will learn: • What can trigger an action; • What processes are involved in the U.S. system and elsewhere; • How you can help your clients avoid suspension and debarment; • What the potential collateral consequences for your clients are. COMMITTEE SPONSOR: International Procurement COMMITTEE CO-SPONSORS: Canada; International Anti-Corruption; National Security Committee PROGRAM CHAIR: David M. Sims, U.S. Department of the Interior, Washington, DC
  20. 20. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 19 MODERATOR: David M. Sims, U.S. Department of the Interior, Washington, DC SPEAKERS: Pascale Helene Dubois, World Bank, Washington, DC Duc H. Nguyen, Environmental Protection Agency, Washington, DC Sarah Schoenmaekers, University of Maastricht, Maastricht, The Netherlands Brenda C. Swick, Dickinson Wright, Toronto, Canada 9:00 AM–10:30 AM Lawyer Liability, Limitations and Insurance: The Next Storm? The general public may believe that all lawyers carry malpractice insurance, but such is not the case, either nationally or internationally. In the United States, we generally require licensed foreign legal consultants to have insurance. Most states, however, do not require all lawyers to have malpractice insurance. Oregon, an exception, requires all lawyers and temporary practice lawyers to have insurance. Washington State requires LLLT’s to have insurance. In other countries, the rules vary. Canada requires all lawyers to have insurance, and many foreign jurisdictions require U.S. lawyers to have insurance. The rules on disclosure also vary: some jurisdictions require disclosure to the public, others to the regulatory authorities. The panel will discuss why U.S. jurisdictions require lawyers to have insurance, whether it is on the horizon, and the comparative situation in other countries, and the challenges to multinational firms faced with different requirements. (Ethics and Legal Profession) COMMITTEE SPONSOR: International Ethics COMMITTEE CO-SPONSOR: Transnational Legal Practice PROGRAM CHAIRS: Steven M. Richman, Clark Hill PLC, Princeton, NJ Robert Lutz, Southwestern Law School, Los Angeles, CA MODERATOR: Steven M. Richman, Clark Hill PLC, Princeton, NJ SPEAKERS: Michael E. Burke, Arnall Golden Gregory LLP, Washington, DC Alberto Navarro, Navarro Castex Abogados, Buenos Aires, Argentina Ellyn Rosen, American Bar Association, Chicago, IL Byron Stier, Southwestern Law School, Los Angeles, CA 9:00 AM–10:30 AM Proof of Foreign Law – A Comparison of the Approaches in the U.S. Courts and in International Arbitration Counsel for parties involved in cross-border litigation often face the daunting challenge of proving foreign law as part of their case. This program will explore the current issues that litigants face in proving foreign law in court proceedings and in international arbitration. As part of the program, experienced trial counsel from the U.S. will present mock arguments to a U.S. court in a hypothetical dispute over proof of foreign law. In a separate part of the program, members of the panel will discuss the issues raised by the hypothetical argument and will also discuss the approaches to proof of foreign law utilized in international arbitration proceedings. The program will conclude with questions from attendees to panel members on the issues raised by the presentations. COMMITTEE SPONSOR: International Litigation COMMITTEE CO-SPONSOR: International Arbitration PROGRAM CHAIR: Guy S. Lipe, Vinson & Elkins, Houston, Texas MODERATOR: Judge Harvey Brown, Houston Court of Appeals, Houston, Texas SPEAKERS: Robert Brodegaard, Brodegaard & Associates, New York, NY Guy S. Lipe, Vinson & Elkins, Houston, Texas Dana McGrath, Sidley & Austin, New York, NY Louise Ellen Teitz, Roger Williams University School of Law, Bristol, RI 9:00 AM–10:30 AM Asset Repatriation: How Governments Can Recover and Repatriate Assets Stolen By Corrupt Officials This program will focus on stolen public funds (much of which has been taken from developing countries and emerging markets as a result of corruption) that can be rightfully returned and used for the benefit of the peoples in the victim countries. Program panelists will cover asset recovery techniques and programs (such as the U.S. Kleptocracy Initiative) used in the fight against corruption and outline strategies based on actual case examples for how governments can seek in the repatriation of such funds for use in transparent and accountable ways. Target audience would include government, legal and accounting advisors, non-government organizations or anyone who has an interest in asset recovery matters. COMMITTEE SPONSOR: International Anti-Money Laundering COMMITTEE CO-SPONSORS: International Criminal Law; International Anti-Corruption; Middle East; Africa PROGRAM CHAIR: Obiamaka P. Madubuko, Greenberg Traurig LLP, New York, NY MODERATOR: Obiamaka P. Madubuko, Greenberg Traurig LLP, New York, NY SPEAKERS: Daniel Claman, U.S. Department of Justice, Washington, DC Larissa Gray, World Bank StAR Initiative, Washington, DC James Maton, Edwards Wildman Palmer LLP, London, UK 9:00 AM–10:30 AM Under Siege: Shareholder Activism, Governance Turmoil & Pressured Boards and Deals Heading into 2016, no company is too big, too well-known, too successful or even too new to become targeted by shareholder activists. No longer a matter of one-off, isolated approaches that might happen to someone else, activism now is a permanent environment of scrutiny and potential second-guessing, in which public companies, their long-term strategies and their preferred deals may be aggressively targeted and challenged. The challenge is led by sophisticated, well-advised hedge funds, some of whom are laser-focused on boosting the stock price as quickly as possible and by any means necessary, including
  21. 21. 20 Thursday, April 14, 2016 (continued) through escalating pressure and scorched-earth tactics, and others of who may pursue more constructive, open- minded, behind-the-scenes approaches. Although expectations of boards are at an all-time high and will only increase, particularly regarding board renewal, self-assessment and shareholder engagement, mainstream institutions and even some of the most prominent pension funds may be increasingly willing to defend and protect boards and management teams from short-termist pressures if they are satisfied with a company’s long-term plans and governance practices. On the other hand, many in the financial community still need fast returns and will happily enlist the aid of an activist when their portfolio needs a boost. In this new environment, companies can either lead and adapt from a position of strength or be caught off-guard and flat-footed in the face of an activist challenge. COMMITTEE SPONSOR: International M&A and Joint Venture COMMITTEE CO-SPONSOR: International Private Equity PROGRAM CHAIR: Sabastian V. Niles, Wachtell, Lipton, Rosen & Katz, New York, NY MODERATOR: Sabastian V. Niles, Wachtell, Lipton, Rosen & Katz, New York, NY SPEAKERS: Joseph Basile, Foley Hoag LLP, Boston, MA Gordon N. Cameron, Stikeman Elliott LLP, New York, NY 10:30 AM–11:00 AM Networking Break Proudly Sponsored By: 10:30 AM–11:00 AM “How To” Series: Section Publishing – How to Achieve Your Name in Print Do you consider yourself an expert within your practice area of international law? If so, world-wide recognition is at your doorstep, by becoming a published author in one of the ABA Section of International Law’s several channels of publication. Whether you aspire to write or edit a book, contribute a scholarly law review article or book chapter, author a succinct news article or an informative committee newsletter essay, publishing through our Section is an effective way to demonstrate your expertise. At this informational session Publications Officer Patrick Del Duca and the editors of The International Lawyer, The International Law News and the Year-in-Review will coach you on how to start on your way as a published author of the ABA Section of International Law. For more guidance on publishing with the Section, visit the Section website at http://www.americanbar.org/ groups/international_law/leadership.html. 11:00 AM–12:30 PM Copyright Reform: Continents Colide?/! Ongoing legislative reform in the European Union under the banner “Digital Single Market” promises to enable greater consumer access to and use of creative works while also providing an environment to enable companies in Europe to better compete in the information age. But do these reforms go too far, or even not far enough to achieve their stated purposes? What will they mean for U.S. technology companies, online service providers and creative industries? Are the benefits for European content producers and online providers likely to materialize? A panel of cross-industry experts discuss the implications, challenges and conflicts posed by pending EU copyright reforms and the Digital Single Market initiative, and what they mean for the future of innovation and new media opportunities in Europe. COMMITTEE SPONSOR: New Media and Content Innovation COMMITTEE CO-SPONSORS: Europe; International Intellectual Property Rights PROGRAM CHAIR: Lois Fishman, Law Office of Lois R. Fishman, Los Angeles, CA MODERATOR: Lois Fishman, Law Office of Lois R. Fishman, Los Angeles, CA SPEAKERS: Anne-Catherine Lorrain, European Parliament, Brussels, Belgium Ros Lynch, Intellectual Property Office, London, UK Ted Shapiro, Wiggins, Brussels, Belgium Jule Sigall, Microsoft Corp., Seattle, WA 11:00 AM–12:30 PM Syria Refugees: What Are the Economic and Social Consequences to the States Granting Asylum to Those Displaced? Since the outbreak of civil war in Syria in March 2011, an estimated nine million Syrians have fled their homes taking refuge in neighboring countries such as Lebanon, Jordan, Turkey or the European Union (EU). According to the United Nations High Commissioner for Refugees (UNHCR), approximately 150,000 refugees have settled in the European Union and many more are striving beyond. EU Member states have pledged to resettle a further 33,000 Syrians. The vast majority of these resettlement spots – 28,500 or 85% – are pledged by Germany. Absorbing the influx of refugees has been an enormous and unique challenge for Syrias’ neighbors, Europe and the rest of the world, raising such issues as economic, education, immigration, health, housing, human trafficking, travel, freedom of movement and security within the region and countries involved. The panel will examine the role played by the states involved, both as providers of humanitarian aid and as a home for refugees. It will also address the implications for the stability of the recipient countries and a better understanding of the crisis. COMMITTEE SPONSOR: International Criminal Law COMMITTEE CO-SPONSORS: Africa; Asia/Pacific; Europe; International Immigration and Naturalization; International Refugee Law; Middle East; UN and International Institutions
  22. 22. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 21 PROGRAM CHAIR: Holger Bielesz, Wolf Theiss, Vienna, Austria MODERATOR: Rosa Lima, Rosa Lima PC, Albuquerque, NM SPEAKERS: Jacqueline Bart, BartLAW Canadian Immigration, Toronto, ON, Canada Ninette Kelley, United Nations High Commissioner for Refugees, New York, NY Jessica Therkelsen, Asylum Access, Oakland, CA Conrad Robert Tribble, U.S. Department of State, Washington, DC 11:00 AM–12:30 PM Art Law II: Transfer of Title in Art: Best Practices to Avoid a Rude Awakening The recent scandal surrounding the well-known Salander- O’Reilly Gallery in New York City has alarmed art buyers and sellers alike. The gallery’s bankruptcy has pinned art buyers and consignors against each other in bitter disputes over the ownership of valuable art works. A number of courts in New York have been called upon to analyze complex art transactions and to scrutinize commercial standards of the art trade to determine who among the various players had satisfied their due diligence obligations and, thus, was the true owner of the art works in the center of the conflicts. The decisions offer some much-needed guidance as to the level of due diligence that is expected of art buyers, consignors and other art market participants. The panelists will discuss the due diligence requirements in the U.S. and Europe and suggest best practices for buyers and sellers of art works. COMMITTEE SPONSOR: Art & Cultural Heritage Law COMMITTEE CO-SPONSORS: Europe; International Litigation; International Private Client; International Secured Transactions PROGRAM CHAIR: Birgit Kurtz, Gibbons P.C., New York, NY MODERATOR: Anne-Sophie Nardon, Borghese Associés, Paris, France SPEAKERS: Friederike von Brühl, K&L Gates, Berlin, Germany Gregor Kleinknecht, Hunters, London, UK Birgit Kurtz, Gibbons P.C., New York, NY Lucian Simmons, Sotheby’s, New York, NY 11:00 AM–12:30 PM Unleashing Financial Independence: Women, Mobile Payments and Virtual Currencies If women hold up half the sky, their half is heavy with the storm clouds of poverty, meager access to healthcare, illiteracy and sexual violence. Financial independence, savings, credit and insurance provide a pathway to empowerment, with collateral benefits to families and communities. Yet, an estimated 40% of the world’s women do not have access to financial services and numbers are as low as 25% in India, 3% in Afghanistan, below 22% in many parts of Sub-Saharan Africa and below 13% in the Middle-East and North Africa. The microfinance movement has successfully reached millions of the world’s poorest with small loans. Emerging technologies including mobile payments and virtual currencies now present new avenues to reach the unbanked, reduce transaction costs and break down the barriers that result in financial exclusion. This panel will explore the emerging opportunities for women to gain access to financial services and the associated legal issues. (Ethics) COMMITTEE SPONSOR: India PROGRAM CHAIR: Richa Naujoks, Nixon Peabody LLP, New York, NY MODERATOR: Ingrid Busson-Hall, Morgan Stanley, New York, NY SPEAKERS: Mary Chaffin, Accion, Cambridge, MA Mary Ellen Iskenderian, Women’s World Banking, New York, NY Elizabeth Rossiello, BitPesa, Nairobi, Kenya Paul Vigna, The Wall Street Journal, New York, NY 11:00 AM–12:30 PM Agreed, Vereinbart, Acuerdo – Cross Cultural Negotiation Have you ever dealt with someone who seemed to think a contract was still negotiable after it was signed? How many times have we entered a room to negotiate with attorneys and clients of several different nationalities from several different countries with several different legal systems? How can an attorney prepare to manage culture in making deals in Seoul this week and France the next? Cultural differences often play such an important role in negotiation that they can derail the entire process. Many subconsciously use stereotypes to navigate the waters but reliance on sweeping statements about a particular culture can have a dramatic and detrimental impact on negotiations. A panel of international lawyers will share their experience and provide useful tips while we ask the audience to participate in sharing how they would solve a set of example problems in their repective cultures. (Skills) COMMITTEE SPONSOR: Law Student, LL.M. and New Lawyer Outreach COMMITTEE CO-SPONSOR: Young Lawyers Interest Network PROGRAM CHAIR: Desiree Jaeger-Fine, J-F Consulting, New York, NY MODERATOR: Desiree Jaeger-Fine, J-F Consulting, New York, NY SPEAKERS: Martha Bucaram, Manhattan Associates, Atlanta, GA Kabir Duggal, Baker & McKenzie, New York, NY Robert Romano, Locke Lord LLP, New York, NY 11:00 AM–12:30 PM Till Death Do Us Part….or Not? International Issues in Marriage, Divorce and Custody The program will deal with cross border relationships, family, immigration, custody, cultural and ethical issues. The panelists will discuss international child abduction and the difficulties it poses in international custody battles. Recent news items will be discussed in the area. A hypothetical fact situation will be discussed and audience participation will be encouraged. COMMITTEE SPONSOR: International Family Law Committee
  23. 23. 22 Thursday, April 14, 2016 (continued) COMMITTEE CO-SPONSOR: Canada, Immigration and Nationality, International Litigation, International Mediation, International Private Client. India, Middle East, China PROGRAM CHAIR: Sergio R. Karas, Karas Immigration Law, Toronto, Canada MODERATOR: Sergio R. Karas, Karas Immigration Law, Toronto, Canada SPEAKERS: Graeme D. Kirk, Gross & Co, London, UK Daniela Horvitz, Horvitz & Horvitz Abogados, Santiago, Chile Jeremy D. Morley, The Law Office of Jeremy D. Morley, New York, NY Jessica Sandberg, Advokat Jessica Sandberg AB, Stockholm, Sweden 11:00 AM–12:30 PM Are You Getting the Benefit of Your Bargain? The Role of Good Faith in M&A Transactions Tough discussions, confrontational positions and a compromise laid down in a lengthy contract – this is the script for many M&A transactions. But will the parties be able to enforce what has been agreed to in the free play of negotiating power and skills, or is there an additional layer to take into account? What are the rule of engagement and are there lines not to be crossed? The principles of good faith and fair dealings may provide limitations and guidelines to the participants in a transaction and come to play at various stages of the M&A process, from disclosures and due diligence to the negotiation and enforcement of the transaction documents. The role attributed to and the importance placed on these principles by statute and courts varies greatly between jurisdictions and legal systems. This panel will discuss the different approaches taken to the application of the principle of good faith in M&A transactions around the world and the implications on structuring the process and the drafting and enforcement of M&A contracts. COMMITTEE SPONSOR: International M&A and Joint Venture COMMITTEE CO-SPONSOR: Europe PROGRAM CHAIRS: Mabel Álvarez Giay, Alliantia, Madrid, Spain Ronald J. Meissner, Oppenhoff & Partner, Frankfurt, Germany MODERATOR: Ronald J. Meissner, Oppenhoff & Partner, Frankfurt, Germany SPEAKERS: Pablo Ferraro Mila, Gonzalez & Ferraro Mila, Buenos Aires, Argentina Young-Cheol Jeong, Sigong Law, Seoul, Korea (invited) Alessandra Tarissi de Jacobis, Cocuzza & Associati, Milan, Italy Salli Swartz, Artus Wise, Paris, France Steven Levin, Davies Ward Phillips & Vineberg, New York, NY 12:45 PM–2:15 PM Luncheon – Keynote Speaker: Justice Stephen Breyer Proudly Sponsored By: Join us for a dynamic conversation with U.S. Supreme Court Justice Stephen Breyer and Ron Cass (a member of our Council and Dean Emeritus of Boston University School of Law). Justice Breyer recently published The Court and the World: American Law and the New Global Realities in which he examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. A book signing will follow the luncheon. 2:30 PM–4:00 PM The International Court of Justice at 70 The International Court of Justice will celebrate its 70th anniversary this spring. The ICJ is not only the principal judicial organ of the United Nations, it is also the only international judicial body to possess general jurisdiction. The panel will review the contributions of the ICJ as a judicial institution, and will explore in particular the jurisprudence of the past 10 years. However, the panel will not just discuss the past but will also explore the future role of the ICJ in developing international law. COMMITTEE SPONSOR: International Courts COMMITTEE CO-SPONSOR: Latin America and Caribbean PROGRAM CHAIR: Viren Mascarenhas, King & Spalding, New York, NY MODERATOR: Andrew Loewenstein, Foley Hoag LLP, Boston, MA SPEAKERS: Thomas Buergenthal, former judge of the International Court of Justice, The Hague, The Netherlands Harold Koh, former Legal Advisor to U.S. State Department, Yale Law School, New Haven, CT Sean Murphy, The George Washington University Law Schoool, Washington, DC 2:30 PM–4:00 PM Tax Offense as a Predicate Offense in Money-Laundering: International Comparative Approach The panel will consist of a round table discussion among experienced practitioners from various jurisdictions on the implementation of the 2012 Financial Action Task Force Recommendations (“FATF Recommendations”), in particular with respect to tax offenses as predicate offense to money laundering. Switzerland recently enacted drastic measures in order to comply with the FATF Recommendations by introducing qualified tax offenses
  24. 24. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 23 as predicate offenses to money laundering and other transparency requirements. Other jurisdictions, such as the United Kingdom and Italy, have a different approach to money laundering, with a very broad “all crimes” reporting regime. This panel, led by a former head of the Criminal a Division at the U.S. Justice Department, will draw on the comparative perspectives of the panelists to explore the ways in which different jurisdictions have approached the implementation of the FATF Recommendations and the risks and opportunities that presents to practitioners in this area. COMMITTEE SPONSOR: International Anti-Money Laundering COMMITTEE CO-SPONSOR: International Criminal Law PROGRAM CHAIR: Saverio Lembo, Baer & Karrer SA, Geneva, Switzerland MODERATOR: David A. O’Neil, Debevoise & Plimpton LLP, New York, NY SPEAKERS: Federico Busatta, Gianni, Origoni, Grippo, Cappelli & Partners, Milan, Italy Susannah Cogman, Herbert Smith Freehills, London, UK Saverio Lembo, Bar & Karrer, Geneva, Switzerland Fabyola En Rodrigues, Demarest Advogados, São Paulo, Brazil 2:30 PM–4:00 PM Austerity, Big Government and the Practical Limits of Taxation Recent events have seen governments groan under the burden of debt. Other governments are debating downsizing to reduce costs. Still other governments are supporting further growth by extending their tax base both within and without their borders. Multinational taxpayers have been caught in the middle as governments strain to meet their basic needs or support their desired growth. This panel will discuss the minimum needs of an efficient tax administration, current techniques and proposals tax administration are using to protect their tax base, and proposals that would expand the tax base. Topics discussed will include base erosion proposals, tax information sharing and multijurisdictional enforcement efforts. COMMITTEE SPONSOR: International Taxation PROGRAM CHAIR: Paul D. Carman, Chapman and Cutler LLP, Chicago, IL MODERATOR: Paul D. Carman, Chapman and Cutler LLP, Chicago, IL SPEAKERS: Javier Canosa, Canosa Abogados, Buenos Aires, Argentina Charlotte Crane, Northwestern Pritzker University School of Law, Chicago, IL Star Lopez, Trabuco Canyon, CA Daniel Shaviro, New York University School of Law, New York, NY 2:30 PM–4:00 PM When Kids are Held Hostage in Separation or Divorce: How to Implement the Hague Convention Worldwide The Hague Convention of October 25th, 1980 on the Civil Aspects of International Child Abduction has brought justice to children by providing for efficient mechanisms to bring children before the judge of their last habitual residence. This has made court measures in cases of separation or divorce litigation more transparent, avoiding that children become hostages of their parents’ loss in irrational behavior. What should you do if you get retained for a case where a multinational couple splits up and one of them intends to travel away with a minor or even use the child as leverage? What are your ethical obligations as a lawyer? What are the experiences of countries who have recently joined? What can be done to establish justice and expand the Convention? How must litigation be fought for in countries where the Hague Convention isn’t ratified? The panel will discuss rule of law, family law, litigation, mediation and public international law aspects as well as practical advice for clients who fear their children may be abducted or are concerned about overseas travel, or are contemplating international marriage or divorce. COMMITTEE SPONSOR: International Family Law COMMITTEE CO-SPONSORS: International Litigation; International Private Client; Immigration PROGRAM CHAIR: Markus Zwicky, Zwicky Windlin & Partner, Zug, Switzerland MODERATOR: Maritza Rodriguez, Esq., Rodriguez Law Firm, LLC, Newark, NJ SPEAKERS: Jesus Eduardo Arias, Los Angeles, CA Frances Goldsmith, Libra Avocats, Paris, France Melissa Kucinski, MK Family Law, Washington, DC Russel Murray III, PC, Englewood, CO Stephen Zollman, Law Offices of Stephen C. Zollman, Guernevile, CA 2:30 PM–4:00 PM Climate Change Post Paris: Is There Hope for Climate Justice Under International Law? Climate change is increasingly recognized as global problem with moral dimensions. As Pope Francis declaimed in his powerful encyclical, Laudato Si, climate change impacts the poor most, but is driven by the voracious consumption of the wealthy. Human rights scholars conclude the link between human rights protections and climate change is undeniable. A focus on “climate justice” thus means more than just stopping climate change or helping communities adapt to its impacts—it raises questions of accountability for causing climate change and puts human rights central to the discussion. With the December 2015 Paris talks behind us, and a new international framework for responding to the threat of climate change unfolding, a central question remains: Is there scope for international law to provide justice to those who suffer the most from climate change, but contributed the least to creating the problem? This panel will provide an overview of the outcomes of the Paris climate negotiations, and then explore the potential
  25. 25. 24 Thursday, April 14, 2016 (continued) to address climate justice under the international climate change agreements, human rights mechanisms or other sources of international law. COMMITTEE SPONSOR: International Environmental Law COMMITTEE CO-SPONSORS: International Energy & Natural Resource; International Human Rights; International Refugee Law, Corporate Social Responsibility; International Investment & Development; International Trade; National Security; Asia/Pacific; Canada; India; Mexico; Law Student, LL.M. & New Lawyer Outreach; Young Lawyers Interest Network PROGRAM CHAIR: Fatima Ahmad, International Environmental Law Committee, Washington, DC MODERATOR: Alicia Cate, U.S. Department of State, Washington, DC SPEAKERS: Patrizio Civili, United Nations International Development Law Organization, New York, NY Michael Gerrard, Columbia Law School, New York, NY Jamie Henn, 350.org, Brooklyn, NY 2:30 PM–4:00 PM Future Forward: Change, Transformation and the Mid-Career Lawyer Globalization, technology and disruptive change to the legal services marketplace are all transforming the environment in which lawyers are practicing, domestically and internationally. Should mid-career lawyers be concerned about these changes? Will their daily practices be the same three years from now? How can they prepare for the challenges of change? What other skills might they need to develop and deploy? What early lessons are available from the ABA Commission on the Future of Legal Services? (Ethics) COMMITTEE SPONSOR: Transnational Legal Practice COMMITTEE CO-SPONSORS: International Law Practice Management Forum, Young Lawyers’ Interest Network, International Ethics, US Lawyers Abroad, International Legal Education and Specialist Certification, Foreign Legal Consultant PROGRAM CHAIR: Hermann Knott, Luther Rechtsanwaltsgesellschaft MBH, Cologne, Germany MODERATOR: Hermann Knott, Luther Rechtsanwaltsgesellschaft MBH, Cologne, Germany SPEAKERS: Stephen Denyer, Head of City and International, The Law Society, London, UK Renee Dopplick, Presidential Task Force on Sustainable Development, Washington, DC Susan Hackett, Legal Executive Leadership, Chevy Chase, MD Paul Paton, University of Alberta, Edmonton, Canada Andrew Perlman, Suffolk University Law School, Boston, MA 2:30 PM–4:00 PM International Merger Review: Traps for the Unwary This program will focus on antitrust and foreign investment review of mergers and acquisitions in four leading jurisdictions: EU, US, China and Brazil. Issues to be explored include: • The use of economic analysis in antitrust merger investigations, how best to deal with, and where such analysis can help or hurt; • Divestitures including the need for advance planning as well as the effects of remedy negotiations on timing and deal valuation; • The potential for a proposed deal stimulating (i) a competing offer for one of the merger parties or (ii) other mergers in the industry that will have an impact on whether the deal can be completed and the level of divestments required; • Foreign investment review including the effects on timing and the extent to which deal can be completed or the remedies that will need to be offered apart from what the antitrust agencies require. COMMITTEE SPONSOR: International Antitrust Law COMMITTEE CO-SPONSORS: China, Europe, Latin American and Carribean PROGRAM CHAIR: David A. Schwartz, Wachtell, Lipton, Rosen & Katz, New York, NY MODERATOR: Alfredo O’Farrell, Marval, O’Farrell & Mairal, Buenos Aires, Argentina SPEAKERS: Theodore Edelman, Sullivan & Cromwell LLP, New York, NY (invited) Laurent Garzaniti, Freshfields, Bruckhaus Deringer LLP, Brussels, Belgium Janet Hui, Jun He Law Offices, Beijing, China (invited) Barbara Rosenberg, Chambers and Partners, São Paulo, Brazil (invited) 4:00 PM –4:30 PM Networking Break Proudly Sponsored By: 4:00 PM – 5:00 PM Books Board Meeting Our Section’s Books Board meets periodically to assess book proposals, formulate feedback to aspiring authors and editors, guide the progress of book marketing, and propose recommendations regarding publication initiatives. Our Section’s Publications Officer extends an open invitation for you to attend this meeting. If you already are a published Section author, if you would like to become a Section author, if you would like to advance the work of your Committee by involving it in Section Publications, or if you simply are curious about the publication process, please join us.
  26. 26. For the most up-to-date information, please visit: Ambar.org/ILSpring2016 25 4:30 PM–6:00 PM Victims’s Search for Justice: International Criminal Tribunals and the Victims’ Role As the 70th Anniversary of the Nuremburg Trials approach, and we just commemorated the 20 year anniversary of Srebrenica genocide in Bosnia, the international community is reflecting on whether these tribunals have brought justice to victims and whether they have contributed to transitional and restorative justice in these post-conflict regions. Victims are an integral part of justice and reconciliation but often times their voices are muted or set aside. Over the past twenty years, the international tribunals have struggled with questions of how to involve victims in court proceedings, how to protect victims, and how to render justice. COMMITTEE SPONSOR: International Human Rights PROGRAM CHAIR: Eva Nudd, Human Rights Consultant, Nairobi, Kenya MODERATOR: Eva Nudd, Human Rights Consultant, Nairobi, Kenya SPEAKERS: Tamara Cummings-John, United Nations, New York, NY Refik Hodzic, International Center for Transitional Justice, New York, NY Emma Lindsay, Bryan Cave, New York, NY Elizabeth Turchi, Special Tribunal for Lebanon, New York, NY 4:30 PM–6:00 PM Africa Rising: Reality or Fiction? In December 2011, the Economist magazine predicted that after many years of slow growth, Africa had a real chance of following in the footsteps of Asia. In July 2015, President Obama in a speech in Kenya observed that Africa was on the move. There seems to be evidence of growth and of the possibility that the vision of African tigers may become reality. The question still remains whether Africa is doing enough. Internal conflicts abound; Boko Haram and terrorist groups remain a threat; and public institutions remain extremely weak as was evident in the response to the ebola outbreak. The panel will assess the state of Africa today with particular emphasis on legal reforms and how these will make the continent attractive for inward investment. COMMITTEE SPONSOR: Africa Committee COMMITTEE CO-SPONSORS: International Investment and Development; International Trade PANEL CHAIR: Yvonne Fiadjoe, Ghana National Gas Company, Accra, Ghana MODERATOR: Jacob Saah, Saah Partners, Accra, Ghana SPEAKERS: Babatunde Raji Fashola, SAN, Honourable Minister for Power, Works and Housing, Abuja, Nigeria Kalidou Gadio, African Development Bank, Abidijan, Cote d’Ivoire Monica Musonda, Java Foods, Lusaka, Zambia Dr. Vera Songwe, International Finance Corporation, Dakar, Sengal 4:30 PM–6:00 PM Innovation versus Regulation: UBER and the Sharing Economy The emerging new business models of “sharing economy” or personal “peer to peer” services like Uber facilitated by mobile aps and Internet communications present challenging issues in labor and employment law, competition, privacy and clashes of jurisdiction among regulatory agencies. How can traditional businesses compete, or do these disruptive technologies just represent the evolution of “old school” business models into “micro-franchising” – a social media based twenty- first century network of independent “freelancers”? Can a public sector/private sector balance provide regulations to protect consumer safety and privacy without stifling innovation and job opportunities in struggling economies, or the unfair competition concerns of traditional industry business operators? A panel consisting of some of the key players in the debate, some having very different viewpoints, and academics in competition policy, compare European perspectives with those of U.S. regulators and economists. COMMITTEE SPONSOR: International Commercial Transactions, Franchising and Distribution COMMITTEE CO-SPONSOR: International Intellectual Property Rights PROGRAM CHAIR: Daniel McGlynn, SolAero Technologies Corp., Albuquerque, NM MODERATOR: Frank Roehling, Freshfields, Berlin, Germany SPEAKERS: Matthew Burton,, Uber Technologies Inc., Washington, DC (Invited) Damien Geradin, George Mason University School of Law, Fairfax, VA, and EDGE Legal, Brussels, Belgium Michael Nielsen, International Road Transport Union, Brussels, Belgium Sofia Ranchordas, Yale Law School, New Haven, CT 4:30 PM–6:00 PM Governing the Universe: The Future of Global Internet Governance The Internet continues to expand exponentially. As developing countries seek to enlarge their network infrastructure, providing access to billions more people. Government surveillance of population’s on-line activities and data collection continue to be debated and the EU is closely scrutinizing the right to be forgotten in the cyber-sphere. But who actually controls and administers this ever-growing electronic universe and what rules do they function under? In December 2015, the UN General Assembly adopted an outcome statement firmly recognizing the value of the multi-stakeholder model of Internet governance and in 2016, the contract granting the U.S. Dept. of Commerce oversight of ICANN’s comes to an end. A complex multi-stakeholder process has been underway since March 2014, to determine the shape of the transition, and how ICANN will be held accountable once the NTIA stewardship ends. How does ICANN continue its mandate of helping preserve the operational stability of the Internet; promoting competition; and achieving genuine broad representation of the global Internet community? ICANN has been accused by some of not being sufficiently transparent. As this transition takes place, what roles should governments

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