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Section CLE Programs
Full Agenda | Section CLE Programs | Co-Sponsored CLE Programs
SATURDAY, AUGUST 9, 2008
8:30 a.m. – 10:00 a.m.
Communicating Effectively with Clients, Colleagues and Co-Counsel Across
Cultures
ABA CLE Centre
Sheraton New York
Conference Room H, Executive Conference Center
Co-Sponsor: International Law Practice Management Forum
As globalization spreads, more and more US lawyers are dealing with clients, colleagues and co-counsel from other cultures. This program will share practice tips about how U.S. lawyers can effectively communicate with such clients, colleagues and co-counsel--and minimize cross cultural misunderstandings. Panel members will also discuss how to communicate legal advice clearly to such clients so that they meet their ethical obligations in this respect. The format will be an interactive panel discussion featuring attorneys who are experienced in cross-cultural communication. A panel reflecting gender and ethnic diversity will be chosen.
Program Chair:
Janet Moore, International Lawyer Coach, Houston, TX
Speakers:
Ceceilia Ibarra, Foreign Legal Consultant, Fulbright & Jaworksi, Houston, Texas
Michael Whitener, Principal and Co-Founder, VistaLaw, Washington, DC
Kim Reed, Counsel at Hogan & Hartson, Moscow, Russia and Washington, DC (currently on leave)
Brad Richards, Haynes & Boone, Houston, Texas
8:30 a.m. – 10:00 a.m.
Iraq and the Global Refugee Crisis
ABA CLE Centre
Sheraton New York
Conference Room L, Executive Conference Center
Sponsors: Immigration and Naturalization Law and Refugee Law Committees
Co-Sponsors: Section of Litigation Immigration and Citizenship Law Committee; American Immigration Lawyers Association
Recent news reports have highlighted the growing refugee crisis in the Middle East, a crisis that has been severely aggravated by the violence in Iraq. More than 2.2 million Iraqis have fled Iraq, and another 2 million or more have been displaced internally. This panel will discuss how the crisis arose, explain the facts of the crisis, and describe the law that applies to the situation, including the legal responsibilities that countries have to accept refugees from Iraq and the barriers to their resettlement.
The number of refugees worldwide has risen to record levels this past year, in large part because of the violence in Iraq. At the time of the fifth anniversary of the current war in Iraq, this program will review how the global refugee crisis has been aggravated by the situation in Iraq. Our expert panel will discuss how the crisis arose, the factual dimensions of the problem, and international and municipal efforts to alleviate the crisis. We will also discuss relevant legislation and treaties in the United States and elsewhere.
Program Chair:
Margaret D. Stock (speaker), US Army Reserve, Anchorage, AK
Speakers:
Ellen Sauerbrey, Ass't Secretary of State, US Department of State, Washington, DC
Eleanor Acer, Human Rights First, New York, NY
Wendy Young, Committee on the Judiciary, Subcommittee on Immigration, Border Security, and Refugees, Washington, DC
2:00 p.m. – 3:30 p.m.
"When in Rome . . . ?": Cross-Cultural Issues In The Courts
ABA CLE Centre
Sheraton New York
Conference Room L, Executive Conference Center
Co-Sponsors: Judicial Division, Commission on the World Justice Project, Tort Trial and Insurance Practice Section, Section of Administrative Law and Regulatory Practice, Criminal Justice Section, Section of Dispute Resolution, Section of Family Law, Health Law Section, Section of Labor and Employment Law, Law Practice Management Section, Section of State and Local Government Law, Section of Individual Rights and Responsibilities, General Practice, Solo and Small Firm Division, Young Lawyers Division, Commission on Women in the Profession, Commission on Racial and Ethnic Diversity in the Profession, Commission on Immigration, Commission on Domestic Violence, Commission on Mental and Physical Disability Law, Standing Committee on Legal Aid and Indigent Defendants, Standing Committee on Judicial Independence, American Judicature Society, American Immigration Lawyers Association, National Association of Women Judges, National Association of Women Lawyers, National Conference of Women's Bar Associations, National Bar Association, Hispanic National Bar Association, National Asian Pacific American Bar Association, National Native American Bar Association, National Legal Aid and Defender Association, National District Attorneys Association, New York State Bar Association – International Law Section
What does “the rule of law” mean in today’s multi-cultural society? In a growing number of cases, immigrants are pleading “the cultural defense,” invoking the customs of their homelands to explain their actions. Even when it is not raised per se, culture plays a role in many cases - civil, as well as criminal. In this highly-interactive presentation, audience members will use handheld technology to “vote” on the outcome of vignettes drawn from controversial, real-life cases presented by an inter-disciplinary panel of the nation's leading cross-cultural experts. Does the adage that “all men are presumed to know the law” apply to recent immigrants? Should immigrants be held to the same standards as everyone else, on the theory of “When in Rome . . . . ”? You be the judge!
Professor Renteln will be signing copies of her award-winning book, "The Cultural Defense," following the program. Copies of her book will be available for purchase.
Program Chair:
Honorable Delissa A. Ridgway, U.S. Court of International Trade, New York, New York
Moderator:
Professor Jonathan Turley, George Washington University Law School, Frequent TV commentator and Contributor, USA Today, Washington, D.C.
Speakers:
Honorable Deborah A. Batts, United States District Court for the Southern District of New York, New York
Mark J. Mills, J.D., M.D., Nationally-renowned forensic psychiatrist, Washington, D.C.
Professor Alison Dundes Renteln, Professor of Political Science and Anthropology, Lawyer and Author of "The Cultural Defense," University of Southern California, Los Angeles, CA
Rene L. Valladares, Chief of the Trial/Appellate Division, Office of the Federal Public Defender for the District of Nevada, Editor/Contributor, "Cultural Issues in Criminal Defense," Las Vegas, NV
2:00 p.m. – 3:30 p.m.
Show Me the Money: How to Monetize Euros, Pounds and Dollars in Film, New Media, Art and Music
ABA CLE Centre
Sheraton New York
Conference Room H, Executive Conference Center
The global economy and the world of traditional and independent media demand creative solutions to financing, branding, licensing, and extended distribution chains. Contracts and reproduction rights and usage for culture products - film, music, media, the online licensing world (internet and webcasts), television, and art - are different in the US than in Europe because of EU directives, regulations, American copyright and antitrust, and other laws. Learn from this round table of experts how to navigate your client’s interests on the global media map, and to forge creative financing strategies to product market and distribute media and culture products in the “virtualized” economy of the 21st century.
Program Chair:
Jessica Darraby(Moderator), Darraby Law, Santa Monica, CA
Speakers:
Stefan Biberfeld, Directeur Juridique EMOA, Senior Corporate Counsel EMEA , Corbis, Paris, France
Todd Brabec, Executive Vice President, American Society of Composers, Authors and Publishers, Los Angeles, CA
Jacqueline Hurt, Partner, Media Communications and Telecommunications, Olswang, London, England
3:45 p.m. – 5:15 p.m.
China, Inbound & Outbound: Antitrust, Intellectual Property, Exon-Florio
ABA CLE Centre
Sheraton New York
Conference Room H, Executive Conference Center
Committee Sponsor: Antitrust Committee
Co-Sponors: Sections of Antitrust Law, Business Law and Intellectual Property Law
Both inbound and outbound investments for China are affected by recent legal developments. After 13 years of effort, and an unprecedented drafting process, China enacted its first comprehensive antitrust law, effective August 1, 2008. In the meantime, the Third Amendments to its Patent Law are underway. On the other side of the Pacific, the U.S. has amended the Exon-Florio Act, to address concerns aroused by recent proposed acquisitions by Chinese and other foreign enterprises of U.S. businesses. This program will consider the AML, its implementing regulations, the Patent Law amendments, and the interplay between the two laws. The AML may be violated if intellectual property is abused, while the Patent Law provides for compulsory licenses if there has been anti-competitive use of a patent. These developments in China are considered also in the context that, for the first time, Chinese companies are facing class actions for violations of U.S. antitrust law, and the recent amendments to the Exon-Florio Act that may mean closer scrutiny of foreign acquisitions in the U.S. The perspectives of in-house and outside counsel will be presented.
Program Chair:
Yee Wah Chin (Moderator), Ingram Yuzek Gainen Carroll & Bertolotti, New York, NY
Speakers:
David N. Fagan, Covington & Burling LLP, Washington, DC
Darrell Prescott, Baker & MacKenzie, New York, NY
Elizabeth Chien-Hale, Institute for Intellectual Property in Asia, Fremont, CA
H. Stephen Harris, Jr., Jones Day, Atlanta, GA
James A. Murray, Intel Corp., Santa Clara, CA
3:45 p.m. – 5:15 p.m.
The Future of Forum Selection: Arbitration v. Litigation in Today’s World
ABA CLE Centre
Sheraton New York
Conference Room L, Executive Conference Center
Co-Sponsors: International Litigation and International Commercial Dispute Resolution Committees
The long-standing debate over whether to select national courts or international arbitration for dispute resolution in cross-border contracts has taken a new turn. The new Hague Convention on Choice of Court Agreements promises to eliminate a major advantage of arbitration in cross-border business cases: the enforceability of arbitral award versus court judgment. In the meanwhile, international arbitration has evolved toward a more expensive model of dispute resolution, with increasing use of discovery, changes in the presentation of evidence and potential for appellate review mechanisms. This panel will present, in a highly interactive manner, the new parameters of this recurrent issue.
Program Chair:
Robert F. Brodegaard (Speaker), Thompson & Knight, LLP, New York, NY
Moderator:
Joel B. Harris, Underhill, VT
Speakers:
Dana MacGrath, Allen & Overy LLP, New York, NY
Benjamin H. Sheppard, Jr., University of Houston Law Ctr., Houston, TX
Louise Ellen Teitz, Roger Williams University School of Law, Bristol, RI
SUNDAY, AUGUST 10, 2008
8:30 a.m. – 10:00 a.m.
U.S. Embargoes and Economic Sanctions Law: Recent Developments Involving Iran,
Cuba, Sudan and “Specially Designated Nationals”
ABA CLE Centre
Sheraton New York
Conference Room L, Executive Conference Center
Sponsor: Section of International Law’s National Security Committee, Section of International Law’s Export Controls and Economic Sanctions Committee
As increasing federal prosecutions and landmark penalties show, the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") has adopted a more aggressive approach in regard to U.S. economic and trade sanctions involving, among others, Iran, Cuba, Sudan, narco-traffickers, and terrorists . This program will examine new trends in OFAC compliance and enforcement, and the challenges that U.S. and international entities currently face. Among the topics discussed will be recent multi-million dollar penalties assessed against international financial institutions, suggestions on how to protect your client's interests in this new era of OFAC enforcement, and the government's perspective on what financial institutions and other entities may expect in the future. Issues connected with U.S.-Iran relations and developments in the War on Terror will be addressed in regard to predictions as to OFAC enforcement actions.
Program Chair:
Daniel B. Pickard (Moderator), Wiley Rein LLP, Washington, DC
Speakers:
Sean M. Thornton, Chief Counsel (Foreign Assets Control), U.S. Department of Treasury, Washington, DC
Cari Stinebower, Wiley Rein LLP, Washington, DC
Steve Moore, Global Head of Economic Sanctions, UBS, New York, New York
8:30 a.m. – 10:00 a.m.
Hidden Traps and Hurdles to Foreign Investment: Where They Are and How to Deal with Them
ABA CLE Centre
Sheraton New York
Conference Room H, Executive Conference Center
Sponsors: International Investment & Development, International Energy and Natural Resources, Europe, and Latin American and Caribbean Committees; International Corporate Counsel Forum
Co-Sponsor: Section of Business Law International Business Law Committee
New investments in foreign jurisdictions often require an understanding of new regulatory regimes and corporate cultures. Also, strict rules in many countries intended to prevent money laundering and tax evasion have created requirements that on occasions go far beyond their objectives, imposing significant burdens on the investor. How can a business expansion be implemented to avoid regulatory pitfalls and misplaced cultural assumptions? How do employee protection rules affect cost and timing? Learn first-hand from experienced in-house and outside counsel how to successfully navigate in these unchartered waters. Walk through a mock scenario that will challenge you to think in a different cultural context, discuss common obstacles and how to address them. Panel discussion topics will include: registration of foreign companies; antitrust clearance; strategic areas (energy, transportation); requirements for local domicile/representatives for directors and shareholders; minimum capital requirements; data protection and transfer of data of employees; and industry areas in which prior approval is required (defense, borders, etc.)
Program Chairs:
Daniel Marin Moreno (Speaker),Gómez-Acebo & Pombo, Barcelona, Spain
Guillermo Malm Green, Brons & Salas, Buenos Aires, Argentina
Moderator:
Richard T. Walsh, Senior Vice President and General Counsel, Zurich North America, New York, NY
Speakers:
Tatyana A. Mikhailova, Robert Wray PLLC, Washington, DC
Daniel Rosenberg, Taylor Wessing, London, England
Alfredo Rovira, Brons & Salas, Buenos Aires, Argentina
2:00 p.m. – 3:30 p.m.
Developing Global Compliance Programs: A Guide for Corporate Counsel
ABA CLE Centre
Sheraton New York
Conference Room L, Executive Conference Center
Sponsors: International Corporate Counsel Forum, Asia-Pacific Law Committee,Employment Law Committee, and Information Services, Technology and Data Protection Commitee, International Antitrust Law Committee
As firms expand around the world corporate counsel can easily lose sleep at night thinking about all the potential legal issues that may go unnoticed until it is too late. The best way to ease the stress is to anticipate problems in advance and deal with them through a comprehensive set of global compliance programs. This program will cover the nuts and bolts, including ethical and cross-cultural considerations, of setting up compliance programs to deal with export and import issues, foreign investment regulations, employment-, privacy and anti-discrimination issues, the FCPA and other topics.
Program Chairs:
Alan S. Gutterman, ASI Computer Technologies, Inc., Fremont, CA
Susan Kohn Ross, Chair, Moderator, Mitchell, Silberberg & Knupp, Los Angeles, CA
Speaker:
Anders Etgen Reitz, Bech-Bruun, Copenhage, Denmark
Mark Katz, Davies Ward Phillips & Vineberg LLP, Toronto, ON, Canada
Richard P. Konrath, Caterpiller Inc., Peoria, IL
Jacqueline Klosek, Goodwin Procter, New York, NY
3:45 p.m. – 5:45 p.m.
Summit on Anti-Money Laundering
Jade Room, 3rd Floor, Waldorf=Astoria
3:45 p.m. – 5:15 p.m.
Corruption: Facilitating International Crime
ABA CLE Centre
Conference Room L, Executive Conference Center, Sheraton New York
Sponsor: Anti-Corruption Committee
A fascinating review of the role that corruption plays in all manner of international crime. Drugs can't be moved, money can't be laundered, and security is rarely compromised without bribery. Step back from questions of compliance and enforcement and examine why this issue deserves international attention and cooperation.
Program Chair:
Alexandra Wrage (Speaker), TRACE, Annapolis, MD
Moderators:
Kathleen Hamann, Department of Justice, Washington, DC
Martina Vandenberg, Jenner & Block, Washington, DC
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