American Bar Association

DRAFT AGENDA AS OF 10/10/05 Tuesday \| Wednesday \| Thursday \| Friday \| Saturday Fall Meeting Program Tracks The Hague: The World's Courthouse Agenda - SOLDOUT
Tuesday, October 25th

3:00 p.m. – 6:00 p.m.
REGISTRATION OPENS

Wednesday, October 26

7:30 a.m. - 5:00 p.m.
REGISTRATION AND EXHIBITORS
*SAS Radisson Hotel*

7:30 a.m. – 8:45 a.m.
Continental Breakfast
Sponsored by Lontings & Partners

9:00 a.m. - 9:15 a.m.
Welcome Remarks by Section Chair and Fall Meeting Co-Chairs

Unless otherwise indicated, all programs and events will be held at the SAS Radisson Hotel.

ABA International Day on EU Fundamentals and Visit to EU Institutions

Pre-registration has now ended for this event as of Monday, October 3 due to security purposes. There will be no onsite registration for this ticketed event.)
This full-day program will consist of an initial set of briefings at the SAS Radisson Hotel followed by visits to European Parliament and European Commission Attendance at Sessions 2-4 at the EU institutions is limited to 70 persons. For security reasons, anyone wishing to attend will be required to sign up for the session and submit their passport (country and number) by October 5. Unfortunately, no last minute sign ups will be permitted.

9:15 – 10:45 AM
Session 1– AT SAS RADISSON HOTEL
AN EU PRIMER: FUNDAMENTALS OF THE EUROPEAN UNION: LAW, LEADERS, POLICIES, AND INSTITUTIONS
This initial set of three briefings on the origins, operations, decision-making processes and future prospects of the European Union, will serve as the preamble to the Day at the EU Institutions (Sessions 2-4). The first briefing will provide an historical overview of EU development since the 1950s, focusing in particular on: integrative pressures; theory and practice; extending competences and strengthening Institutions; changes to the European structure; a single global economic player with a single currency; enlarging Europe; and attempts to develop a Constitution
Speaker: Nicolas Véron , Director, BRUEGEL, Brussels, Belgium
The next briefing will provide a 'real-life' case study to illustrate the European decision-making process at work by describing the legislative cycle, following an act from inception to Institutional approval to national implementation. Includes overview of the key legislative players; guide to the legislative procedures (Assent, Consultation, Co-decision); legal instruments and the impact of Community law;; sector- specificities (e.g., Financial Services); Member State implementation and forthcoming changes to the legislative processes.
Speaker : Kajsa Stenstroem, Head of Upstream Brussels, DLA Piper Rudnick Gray Cary UK LLP, Brussels, Belgium
This final briefing of Session 1 will focus on the 2004 Enlargement when compared to prior rounds, was characterized by an increased complexity, greater differentiation between Member States and between both negotiation stages as well as more frequent use of conditionality in accession talks. This first session will conclude with a briefing will highlight some of the main lessons learned from the negotiating process leading to the accession of the ten new Member States and address the key issues to be faced in the next waves of Enlargement - from the long-expected accession of Romania and Bulgaria in 2007 to the potential subsequent adhesion of Croatia, Turkey and other neighboring countries.
Speaker: Heather Grabbe, Cabinet of Olli Rehn's, Commissioner for Enlargement, European Commission, Brussels, Belgium
Commentator: Tomasz Wardynski, Wardynski & Partners, Warsaw, Poland

10:45- 11:45 AM
TRANSFER AND SECURITY CLEARANCE TO EUROPEAN INSTITUTIONS

11:45 AM– 5:30 PM
VISITS TO AND MEETINGS WITH REPRESENTATIVES OF EUROPEAN INSTITUTIONS (Public Law Track)
Attendance for the following sessions at the EU Institutions will be limited to no more than 70. For security reasons, anyone wishing to attend will be required to sign up for the session and submit their passport (country and number) by October 5.

11:45 AM– 2:15 PM
Session 2: The European Parliament - The Elected Dimension
This session at the European Parliament, hosted by Jonathan Evans, MEP Chairman of the European Parliament delegation for relations with the US will begin with a guided tour of the buildings. Following the tour, a working lunch will be organized in conjunction with the European Parliament’s Legal Services Department.
Speaker: Kieran Bradley, Head of the Legistration Division of the European Parliament’s Legal Service

2:30 – 4:00 PM
Session 3: The State Perspectives - The Council of Ministers and US Mission
This session will introduce the role and functioning of the Council of Ministers and the EU Presidency. A speaker from the UK Permanent Representation (holder of the EU Presidency in Fall 2005) will outline their view on the working of the decision-making system in the Council, including the rotating Presidencies, and potential enhancements to the system. A representative from the US Mission to the EU will provide an additional perspective on the challenges of working with twenty-five Member States.
Speakers: Michael Aron, Counsellor for Political Affairs Jean-Claude Piris , Legal Advisor to the Council, General Secretariat of the Council of the European Union, Brussels, Belgium John Sammis , Minister-Counselor For Economic Affairs, United States Mission to the European Union, Brussels, Belgium United Kingdom Permanent Representation to the European Union

4:30 – 5:30 PM
Session 4: The European Commission - The Executive Branch
The final session will take place in a designated European Commission building. The session will consist of in-depth presentations on the role and functioning of the Commission.
Speakers: Karel Kovanda, Deputy Director General for External Relations(Foreign Policy, Multilateral Relations and North America, East Asia and Australia), European Commission, Brussels, Belgium Hiddo Houben, Cabinet of Peter Mandelson, Commissioner for Trade Enlargement, European Commission, Brussels, Belgium

At the conclusion of the program, transportation will be provided to the Chair’s Welcome Reception at the SAS Radisson Hotel at the conclusion of the program.



9:15 – 10:45 AM
SHOWCASE PROGRAM
YUKOS: A LIFETIME OF LITIGATION? (C/B)(DR)
(SAS Radisson Hotel)
This program will address important litigation developments in and implications of the Yukos Affair for the development of the rule of law in Russia. Yukos majority shareholders of Yukos have promised a “lifetime of litigation” for those involved in the December 2004 taking of Yukos’ principal producing subsidiary, Yugansk, at an “auction” staged by the Russian Government to recover billions in taxes and penalties said to be due. Issues to include: Governmental conduct in criminal trials and tax actions against Yukos and its executives challenged in pending proceedings in Russian courts and the European Court of Human Rights. Government imprisonment of Yukos in-house lawyers, Litigation by Yukos shareholders under various bilateral investment treaties; an action in The Hague by Yukos majority shareholders under the European Energy Charter; Litigation by Western banks for repayment of hundreds of millions in commercial loans under agreements secured or guaranteed by crude oil to be exported by Yugansk; London arbitration proceedings by Yukos majority shareholders against Russian Gas Company, Rosneft for repayment of a loan made guaranteed by Yugansk; Russian suits by Rosneft to recover the taxes purportedly due; Southern District of New York shareholder suits against Yukos officers, directors and advisors; and Further possible “takings” by the Russian government.
Speakers: Sabine Leutheusser-Schnarrenberger, Vice Chair, Liberal Party block in the German Parliament, and Member, German Delegation to the Parliamentary Assembly of Europe (PACE) and former German Minister of Justice and Rapporteur, Council of Europe on the Yukos matter, Munich, Germany Emmanuel Gaillard , Shearman & Sterling LLP, Paris, France Peter Clateman, Sputnik Group, Moscow, Russian Federation Robert Amsterdam, International Human Rights Lawyer form Amsterdam and Peroff, Toronto, CA Bruce Marks, Marks & Sokolow, Philidelphia/Moscow Yuri Schmidt, International Human Rights Lawyer, Moscow, Russian Federation
Program Chair: Bruce Bean, Professor in Residence , Michigan State University Law School, East Lansing, MI
Committee Sponsor : Russia-Eurasia Committee

INTEGRATED EUROPEAN SECURITIES REGULATION AND THE PROSPECT OF A PAN-EUROPEAN MARKET FOR BANKS AND OTHER FINANCIAL INSTITUTIONS (F)
The program will examine the prospects of a pan-European banking and financial markets and the establishment of a more centralized approach to EU securities regulation applicable to the banking industry (including legislation such as UCITS III), the panel will discuss existing direct and indirect regulatory obstacles and their practical impacts, and debate the question as to whether there is a need for a single banking regulator.
Speakers: Veronica Pinotti, Lovells Studion Legale, Milan, Italy Roberta Romano, Yale Law School, New Haven, CT Gianluigi Gugliotta , ISDA, Brussels, Belgium Mario Nava , Head of the Financial Market Infrastructure Unit, Eu ropean Commission, Brussels, Belgium
Moderator: Marnix Somsen, De Brauw Blackstone & Westbroek, Amsterdam, Netherlands Jeff Golden, Allen & Overy LLP, International Securities and Capital Markets Committee, London, England (Program Co-Chair)
Program Chair: Veronica Pinotti, Lovells Studio Legale, Milan, Italy
Committee Sponsors: Financial Services and Products Committee, International Law Antitrust Committee, Russia-Eurasia Committee, Europe Committee, International Litigation Committee, International Human Rights Committee

10:45 – 11:00 AM
NETWORKING BREAK

*SHOWCASE PROGRAMS*
*(SAS Radisson Hotel)*
11:00 AM – 12:30 PM
ISSUES IN TRANS-ATLANTIC DEFENSE PROCUREMENT (T)(C/B)
Key lawyers and managers from major American and European defense contractors will discuss recent developments in Trans-Atlantic Defense Procurement, including differences between the US and European defense marketplaces and the different approaches from a business perspective utilized in defense trade. The panel session will commence with a NATO staff presentation followed by reactions and observations from various defense contractors.
Speakers: Adrian Kendry, Senior Defense Economist, NATO, Brussels, Belgium Jean-Paul Roves, Administrator, Defense and Security Economics Directorate, NATO, Brussels, Belgium Alberto De Benedictis, Senior Vice President for USA/UK Operations, Finmeccanica, S.P.A., Rome, Italy Edgar Buckley, Senior Vice President, Thales International, Seine, France Wolf Von Kumberg, European Legal Director, Northrop Grumman Corporation, London, England
Program Chair: Jason Matechak, Reed Smith LLP, Washington, DC
Committee Sponsor: International Procurement Committee

PRIVILEGED COMMUNICATIONS ACROSS BORDERS: DIFFERENT RULES FOR IN-HOUSE COUNSEL, LOCAL AND FOREIGN LAWYERS (DR)(A)
First session of a two-part program on cross-border legal privilege issues. Using a simple cross-border cartel scenario, the panel will examine the different outcomes regarding privilege that apply to a range of typical communications among in-house counsel, independent counsel and corporate officials across borders, and as those communications are disseminated among corporate officials. The different scope and coverage of privilege rules in different jurisdictions, including controversial rulings in the EU regarding in-house and non-EU lawyers, give rise to many pitfalls for international businesses as they seek and obtain necessary legal advice. The issue is acute in antitrust and context but has important ramifications in other areas as well.
Speakers: Carl Belding, Vice President and General Counsel for Europe, Middle East and Africa SAS, IBM Corporation, Paris, France Shigeyoshi Ezaki, Anderson Mori & Tomotsune, Tokyo, Japan Jan Handzlik, Howrey, Simon, Arnold & White LLP, Los Angeles, CA Jose Emilio Nunes Pinto, Jose Emilio Nunes Pinto Advogados, Sao Paolo, Brazil Kristina B. Nordlander , Cleary Gottlieb Steen & Hamilton LLP, Brussels, Belgium
Moderator: Milos Barutciski , Davies Ward Phillips & Vineberg LLP, Toronto, Canada
Program Chairs: Chris Crowder, The Scotts MiracleGro Company, Lyon, France James M. Passamano, Suffian & Passamano LLP, Houston, TX
Committee Sponsors: International Antitrust Law Committee and the International Corporate Counsel Forum
The Program’s second session, featuring a Moot Court presentation, will occur after the luncheon.

12:30- 2:00 PM
LUNCHEON WITH DISTINGUISHED SPEAKER, AMBASSADOR JEREMY KINSMAN, AMBASSADOR OF CANADA TO THE EUROPEAN UNION AT THE HOTEL
(Ticketed Event)

*SHOWCASE PROGRAM*
2:00 – 3:30 PM

CROSS-BORDER APPLICATION OF PRIVILEGE DOCTRINES (DR) (BOLD)
The second session of the priviledge program (first session before luncheon) will address which privilege rules protect a particular communication between a lawyer and client in international litigation and arbitration? A tribunal’s answer to that choice of law question can have substantial impact as these doctrines vary across jurisdictions. In this comparative program two mock arguments will take place, one before an international arbitration panel and the other before a US federal district court judge. Differences in style and in substance across jurisdictions and fora will be revealed as top advocates and adjudicators from the US and Europe address the issue of the disclosure of documents over which one of the parties has claimed a privilege.
Speakers: The Right Honorable The Lord Mustill, Vice President , Court of Arbitration of the ICC, Former Judge, Appellate Committee, House of Lords, London, England Brian Davidson, Kirkpatrick & Lockhart Nicholson Graham LLP, Pittsburgh, PA Molly Boast, Debevoise & Plimpton LLP, New York, NY Hans van Houtte, Faculty of Law, Institute for International Trade Law, Leuven, Belgium Nathalie Voser, Schellenberg Wittmer, Zurich, Switzerland Philippe Pinsolle, Shearman & Sterling LLP, Paris, France Hon. Thomas P. Griesa, Judge, United States District Court for the Southern District of New York, New York, NY
Program Chair: Kate Birmingham Wilmore, Debevoise & Plimpton LLP, London, England
Committee Sponsor: International Litigation Committee

*SHOWCASE PROGRAM*
2:00 - 3:30 PM

COUNSELORS, ADVOCATES AND GATEKEEPERS - BALANCING THE ROLES AND RESPONSIBILITIES OF LAWYERS IN THE FACE OF TIGHTENING ANTI-MONEY LAUNDERING/TERRORIST-FINANCING REGULATION (F)(C/B)
This panel will discuss European anti-money laundering directives (including the recently developed Third Directive), their implementation into national laws, and how these laws affect the legal profession in terms of required due diligence on clients and transactions, internal anti-money laundering compliance programs, suspicious transaction reporting on client activities, and other anti-money laundering requirements now applicable to European lawyers and notaries. The panel will identify the challenges presented to legal professionals and law firms in complying with these requirements, including in cross-border transactions, and the expectations of those in government or SROs responsible for monitoring compliance. Audience members will receive insights into best practices for compliance .
Speakers: Ed Krauland , Steptoe & Johnson LLP, Washington, DC Kevin Martin , President, Law Society of England and Wales, Stratford upon Avon, United Kingdom Fernandez Salas, Mariano, Administrator at Directorate-General Internal Market and Services, European Commission, Brussels, Belgium André Risopoulos, Brussels, Belgium Bernard Vatier, President, Council of Bar Associations and Law Societies of Europe, Paris, France
Moderator: Claudio Cocuzza , Antonelli Cocuzza & Associati, Milan, Italy
Program Chairs: Nicole Van Ranst , Marx Van Ranst Vermeersch & Partners and President –Elect AIJA, Brussels, Belgium Nicole Healy, Wilson, Sonsini, Goodrich & Rosati, San Francisco, CA
Committee Sponsor: Anti -Money Laundering Compliance and Professional Ethics Committee Co-Sponsor: International Association of Young Lawyers (AIJA)

*SHOWCASE PROGRAM*

INTERNATIONAL CARTEL ENFORCEMENT (PART ONE): COORDINATION AND ENFORCEMENT ACTIONS BY COMPETITION LAW ENFORCEMENT AUTHORITIES (A)
Cartel enforcement continues to be a cutting- edge area of international practice. A proliferation of immunity and amnesty programs has resulted in the disclosure of cartel activity to enforcement authorities at unprecedented rates. This double-session, three- hour program will focus on the planning and execution of coordinated investigations and prosecutions by multiple enforcement authorities, the development of integrated international strategies for responding to international cartel investigations by private practitioners in jurisdictions around the globe, and corporate governance and disclosure issues raised by cartel investigations and prosecutions. The program’s first session will feature prosecutors and antitrust enforcement officials and will focus on current legislative developments and recent enforcement actions; penalties for organizations and individuals; detection of Cartel Activity;, coordination of Compulsory Processes and Investigative Plans, and immunity/amnesty/leniency Programs.
Speakers: Olivier Guersent , Deputy Chef de Cabinet of Commission Nellie Kroes, Commission for Competition, European Commission, Brussels, Belgium Stephen Blake, UK Office of Fair Trading, London, England Scott D. Hammond, Deputy Assistant Attorney General, Antitrust Division, US Department of Justice, Washington, DC Denyse MacKenzie, Senior Deputy Commissioner of Competition, Criminal Matters , Canadian Competition Bureau, Ottawa, Canada
Moderator & Program Chair: Gary R. Spratling, Gibson, Dunn & Crutcher LLP, San Francisco, CA
Program Chairs: Julian Joshua, Howrey LLP, Brussels, Belgium A. Paul Victor, Weil, Gotshal & Manges LLP, New York, NY
The program's second session, focusing on defending cartel investigations, will be presented after the break.

3:30 – 3:45 PM
NETWORKING BREAK - Sponsored by: Diligence, Inc.

*CONCURRENT SESSIONS*
3:45 – 5:15 PM

INTERNATIONAL CARTEL ENFORCEMENT (PART TWO): MULTIJURISDICTIONAL DEFENSE STRATEGIES (A)
This second session of the international cartel enforcement program will feature leading defense counsel who will address factors considered in responding to government investigations and dealing with the crisis presented by an investigation and prosecution including developing a multijurisdictional defense strategy, the benefits of securing immunity or leniency, and the perils and pitfalls of seeking leniency and cooperating.
Speakers: Randal T. Hughes, Fraser Milner Casgrain LLP, Toronto, Canada Julian Joshua, Howrey LLP, Brussels, Belgium (Program Chair) Vanessa Turner, Freshfields Bruckhaus Deringer, London, England, Brussels, Belgium A.Paul Victor, Weil, Gotshal & Manges LLP, New York, NY (Program Chair)
Moderator: Gary R. Spratling, Gibson, Dunn & Crutcher LLP, San Francisco, CA (Program Chair)

A PRIVATE PERSON IN A PUBLIC WORLD – CURRENT TRENDS IN INTERNATIONAL WEALTH TRANSFER PLANNING (F)(C/B)
This program will focus on current developments, planning ideas and pitfalls for the private client in international wealth transfer planning. Experienced private client advisors from the US and various European jurisdictions will work from a realistic problem set exploring the viability and treatment of situating investments offshore, alternative structures to accomplish intergenerational, cross-border transfers and other international wealth transfer objectives; recent developments regarding the treatment of trusts in civil law jurisdictions; developments for individuals changing residency or citizenship; the status of black-listed tax havens; and the increased compliance burden in a more transparent world. Assets to be considered will include control blocks in publicly listed and private companies, stock options and other executive compensation, personal residences and other real estate holdings, artwork, yachts and private aircraft.
Speakers: Barbara R. Hauser, Cadwalader, Wickersham & Taft, Rochester, MN Edgar H. Paltzer, Niederer Kraft & Frey, Zurich, Switzerland Joseph A. Field, Withers LLP, London, England Anne Guichard, Gilles et Associes, Paris, France
Program Chair: Paul Sczudlo , Loeb & Loeb LLP, Los Angeles, CA
Committee Sponsor: International Private Client Committee

THE PUBLIC INTEREST IN INTERNATIONAL ARBITRATION: ARE THE TIMES OF PRIVATE DISPUTE RESOLUTION OVER? (DR)
A significant development in both international and national arbitration is the growing tendency to look at this form of dispute settlement as a matter not only of private but also of public law. While the private interests of the parties to a dispute are effectively dealt with in arbitration proceedings, the public interest may also be affected. Examples are international investment projects, money laundering issues or matters involving consumer protection. New concepts will therefore have to be discussed, including the public access to arbitral awards, transparency and the participation of third parties in arbitral proceedings as well as the accountability of arbitrators.
Speakers: Hans van Houtte, Professor, Institute for International Trade Law, Faculty of Law, Leuven, Belgium Barton Legum, Debevoise & Plimpton LLP, Paris, France Laurence Shore, Herbert Smith, London, England
Program Chair: Fabian von Schlabrendorff , Clifford Chance, Frankfurt, Germany

7:00 – 9:00 PM
CHAIR’S WELCOME RECEPTION AT THE SAS RADISSON HOTEL
Sponsored by Allen & Overy LLP
(Open to all Registrants)

Thursday, October 27

7:30 AM – 5:00 PM
REGISTRATION AND EXHIBITORS

7:30 – 9:00 AM
CONCURRENT COMMITTEE BUSINESS BREAKFAST MEETINGS
Sponsored by De Brauw Blackstone Westbroek

*SHOWCASE PROGRAM*
9:15 – 10:45 AM

THE RISKS AND AFTERMATH OF ACCOUNTING FRAUD – ENRON, WORLDCOM, PARMALAT – WHAT NEXT? (F)
The disclosure of accounting fraud at Parmalat and its aftermath have brought Europe into the era of major corporate accounting scandals that started in the US with Enron and Worldcom. This panel will examine the incidence of accounting fraud, and what accounting disclosure risks lawyers should be considering when acting in securities offerings.
Speakers: Bruno Cova, Paul, Hastings, Janofsky & Walker LLP and former lead Counsel to the Commissioner, Parmalat Group, Milan, Italy Daniel Goelzer, Board Member, The Public Company Accounting Oversight Board, Washington, DC Holly Gregory, Weil, Gotshal & Manages LLP, New York, NY Glenn Simpson, Wall Street Journal Europe, Brussels, Belgium
Moderator: Stuart Deming, Deming PLLC, Washington, DC
Program Chair: Wim DeJonghe, Allen & Overy LLP, Brussels, Belgium
Committee Sponsor: International Securities and Capital Markets Committee; International Accounting Standards Subcommittee

CROSS-ATLANTIC PERSPECTIVES ON ANTITRUST ENFORCEMENT: THE VIEW FROM TOP OFFICIALS OF THE EUROPEAN UNION AND THE UNITED STATES FEDERAL TRADE COMMISSION (A)
This program will explore similarities and differences in approach between the EU and the US on a wide variety of antitrust enforcement issues through a discussion with a top official from each jurisdiction. Topics will include merger review (process and substance), dominance, cooperation among antitrust enforcers (both among the jurisdictions represented and with others), sectoral reviews, trends in convergence and divergence of substance and procedure, among others.
Speakers: William Blumenthal, General Counsel, US Federal Trade Commission, Washington, DC Philip Lowe, Director General of Competition, The European Commission, Brussels, Belgium
Program Chair: Michael Byowitz, Wachtell, Lipton, Rosen & Katz, New York, NY and Chair, ABA Section of International Law
Presented by the Fall Meeting Steering Committee

*CONCURRENT SESSIONS*
9:15 – 10:45 AM

DATA PRIVACY – EUROPE’S NEW REGULATORY CHALLENGE ( C/B )
This program will focus on recent developments in EU privacy law and interest to US companies doing business in Europe. A panel of privacy experts will discuss developments and emerging trends in EU data law, including EU-USUS data transfers, privacy laws in the new EU Member States, initiatives to harmonize EU privacy rules among Member States, current industry sectors, activities and technologies attracting the greatest amount of attention of privacy regulators, and emerging trends in the enforcement of EU data privacy laws.
Speakers: Rosa Barcelo, Data Protection Unit, Directorate General Justice, Freedom and Security, European Commission, Brussels, Belgium Karel Neuwirt, Data Protection Authority, Prague, Czech Republic Henriette Tielemans , Covington & Burling, Brussels, Belgium (Program Chair)
Moderator: Guy Marong, General Manager, Personal Information Management Europe, Sony Europe, Brussels, Belgium

CROSS BORDER GIVING (PL)
This panel will examine cross-border giving and the growing transnational work of foundations. The program will explore cutting edge issues including practical solutions to current tax barriers; longer-term perspectives for endowments involving cross-border philanthropy; the world response to the tsunami; and eradication of polio.
Speakers: Marcus S. Owens, Caplin & Drysdale, Washington, DC Ineke A. Koele, Van Mens en Wisselink, Utrecht, Netherlands Karen Hudes, World Bank, Washington, DC Hanna Surmatz, European Foundation Centre, Brussels, Belgium
Program Chair: Aaron Schildhaus, Law Offices of Aaron Schildhaus, Washington, DC

10:45 – 11:00 AM
NETWORKING BREAK

*SHOWCASE PROGRAM*
11:00 a.m. - 12:00 p.m.
TRANSATLANTIC DIALOGUE. NATO: OLD ALLIANCE, NEW MISSIONS ( PL)
An assessment of the state of the world’s oldest and most successful multilateral alliance, and of the challenges it must face in the 21st century, including the development of a new security architecture in light of post-cold war threats to European and global security; enhancing political dialogue within the Alliance; defining relationships between the Alliance and emerging EU defense structures; forging new partnerships with former Soviet republics, in particular the Russian Federation and Ukraine, and dealing with “out of area” missions as needs arise.
Speaker : His Excellency Jaap de Hoop Scheffer, Secretary General, North Atlantic Treaty Organization Former Minister of Foreign Affairs, Kingdom of The Netherlands
Program Chair: George L. Bustin, Cleary Gottlieb Steen & Hamilton LLP, Brussels, Belgium
Committee Sponsor: Europe Committee

*CONCURRENT SESSIONS*
11:00 AM – 12:30 PM

LATIN AMERICAN ANTITRUST: NEW RULES AND ISSUES FOR AMERICAN AND EUROPEAN INVESTORS (A) This program will discuss important new legal and business developments involving antitrust issues, particularly those that are cross‑border in nature. What issues should European and American companies consider when making investments/acquisitions in Latin America? What antitrust rules in specific countries will have an impact on proposed mergers? How can local counsel be helpful in avoiding antitrust pitfalls? This distinguished panel of experts will focus on specific topics of interest, including legislative changes, M&A controls and filings, regulation of cartels and new trends. Speakers: Marcelo Calliari, Tozzini Freire Teixeira e Silva Advogados, Sao Paulo, Brazil Gabriel Castañeda , Castañeda y Asociados, Mexico City, Mexico Sebastián Obach, Cariola Diez Perez-Cotapos y Cia. Ltda., Santiago, Chile Alfredo M. O’Farrell, Marval, O’Farrell & Mairal, Buenos Aires, Argentina Edurne Navarro Varona, Uria & Menendez, Brussels, Belgium Moderator: James R. Silkenat, Arent Fox PLLC, New York, NY Program Chair: Hernán Slemenson, Marval, O’Farrell & Mairal, New York, NY Committee Sponsors: International Antitrust Law Committee; Latin America and Caribbean Committee; Foreign Legal Consultant Committee; International Investment and Development Committee

SECURITIES DEVELOPMENTS IN THE US AND EUROPE – WHAT EUROPEAN COMPANIES AND THEIR ADVISORS NEED TO KNOW (F) This two-session, three hour program, will explore SEC and European proposed and newly-adopted rules that will have a significant impact on European companies that transact in the US or with US persons. Some of the SEC rules may conflict with existing European regulations, presenting European companies with further challenges. The first session will focus on the SEC’s current regulatory agenda of particular relevance to European issuers and their advisors, including deregistration, certifications under Section 404 of Sarbanes-Oxley, the SEC's approach towards International Financial Reporting Standards, international corporate fraud enforcement, regulation of hedge funds and changes to the M&A rules. Proposed Speakers: Meyer Eisenberg , Deputy General Counseland Acting Director Division of Investment Management, US Securities and Exchange Commission, Washington, DC Alan Beller, Director, Division of Corporate Finance, US Securities and Exchange Commission, Washington, DC Donald Nicolaisen, Chief Accountant, US Securities & Exchange Commission, Washington, DC (invited) Richards Walker, General Counsel, Deutsche Bank AG Moderators: Daniel Bushner, Ashurst, London, England Adam Farlow, Allen & Overy LLP, London, England Committee Sponsor : International Securities and Capital Markets Committee The program’s second session, focusing on European regulators, will be presented after the luncheon.

CONNECTING LAW AND REALITY: REMOVING BARRIERS TO TRADE CREATED BY NATIONAL IMMIGRATION LAWS AND POLICIES (C/B)(T) International trade involves the movement of goods, capital, and also people. To do business globally in today’s world, a company must send employees wherever in the world they are needed, quickly and with minimum hindrance. At the same time, immigration remains a prerogative of the sovereign under international law, and differing national standards and policies often result in hindering the mobility of highly skilled labor. While international harmonization of tariffs, including international agreements concerning taxes, patents and standards have facilitated the development of international trade, there has been no similar harmonization efforts in the area of global mobility. This program will examine the current status of national laws as they affect companies doing business internationally; as well as existing agreements effecting business migration including the treaty creating the EU the North American Free Trade Agreement and other regional cooperation agreements; the WTO Agreement on Trade and Services, (GATS); and the preliminary discussions being held within the framework of the United Nations. Speakers: Ellen G. Yost, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, NY (Moderator) Lynn Shotwell, American Council on International Personnel, Washington, DC Jan O. Karlsson, Co-Chair of the Global Commission on International Migration, Former Swedish Minister for Development Cooperation, Migration and Asylum Policy, and a former President of the European Court of Auditors of the European Union, Stockholm, Sweden Marie-Lousie Storm, Manager Agoria (multi-sector federation for the technology industry) International Social Affairs, Maganger ISIS-Consult, Brussels, Belgium David Arkless, Senior Vice President, Manpower Inc., Corporate Affairs, London, England Program Chair: Michael F. Turansick, Fragomen, Del Rey, Bernsen & Loewy, LLP, Chicago, IL Committee Committee Sponsors: Immigration and Naturalization Committee; International Trade Committee; Customs Law Committee; International Commercial Transactions Committee

12:45 – 2:15 PM LUNCHEON Speaker: Mr. Mogens Peter Carl, Director General DG Trade, European Commission (TICKETS-SOLD OUT!)

*SHOWCASE PROGRAM* 2:30 – 4:00 PM THE IMPACT OF CHINA'S EMERGENCE AS A MAJOR WORLD POWER ON THE US-EU RELATIONSHIP: A ROUNDTABLE DISCUSSION (PL) The emergence of China as a major global player has caused fundamental changes in the global political, military, and commercial landscape. Recently, these changes have provoked increasing tensions in the US-EU transatlantic relationship as each side has different priorities and interests in Asia. The participants in this roundtable discussion will address the impact of China’s emergence on the transatlantic partnership and how the US and EU can address the challenges ahead. Speakers: Yoshiji Nogami, Current Ambassador of Japan to the United Kingdom Hua Chunying, First Secretary, Chinese Mission to the EU Sir John Kerr, Deputy Chairman, Royal Dutch Shell Board of Directors, and Former Permanent Representative of the United Kingdom to the European Program Chair and Moderator: Stuart Eizenstat, Covington & Burling, and former Ambassador of the United States to the European Union, Washington, DC Presented by the Fall Meeting Planning Committee Committee Co-Sponsor: China Committee

*CONCURRENT SESSIONS* 2:30 – 4:00 PM RECENT SECURITIES DEVELOPMENTS IN THE EUROPEAN UNION (Second Session) (F) This second session of the securities program will respond to the first session on the impact of SEC activities on issuers and practitioners outside the US (presented before the luncheon), as well as offer the sometimes comparable, sometimes contrasting, European approach. It will further consider the EU prospectus and transparency directives, and the move to International Financing Reporting Standards. Speakers: Dorothee Fischer-Appelt, Allen & Overy LLP, London, England Hans-Jurgen Hellwig, Hengeler Mueller, Past President, Council of Bars and Law Societies of Europe, Frankfurt, Germany Stephen Revell, Freshfields Bruckhaus Deringer, London, England Moderators: Jeff Kerbel, Bennertt Jones LLP, Toronto, Canada Stuart Willey, Chief Counsel for Markets and Wholesale Firms, The Financial Services Authority, London, England Committee Sponsor: International Securities and Capital Markets Committee

SOCIAL LEGISLATION IN THE EUROPEAN UNION AND THE IMPACT ON EMPLOYMENT LAWS IN THE MEMBER STATES (C/B) This program will feature discussions of the impact of European Union social legislation on national employment laws in the European countries. The panel includes European practitioners from long-standing and newly admitted EU Member States (including newly added Member States), US practitioners with clients operating in multiple European countries, and lawyers whose practice is focused on EU institutions and legislation. Speakers: Erika Collins, Paul Hastings Janofsky & Walker LLP, New York, NY (Program Chair) Dr. Thomas Griebe, Taylor Wessing, Hamburg, Germany (Program Chair) Martin Holler, Giese & Partner V.O.S., Prague, Czech Republic Els de Wind, Van Doorne N.V., Amsterdam, Netherlands Agris Repss, Sorainen Law Offices, Riga, Latvia Committee Sponsor: International Employment Law Committee

PROTECTION OF BUSINESS SECRETS/ACCESS TO FILE (DR)(A) This program will explore the rights of respondents in EU administrative proceedings to receive access to the file in contested matters and contrast such rights with those enjoyed in administrative proceedings in the United States. In mergers as well as cartel cases, antitrust authorities often rely heavily on information received from both parties and third parties which is claimed to constitute a business secret or be commercially sensitive of the relevant undertakings. Respondents and other interested parties encounter difficulties in effectively presenting their case if they do not see the data on which the authorities wish to rely. This program will shed light on how this tension is resolved in Europe and the United States and how the different solutions interact with or counteract each other. Speakers: Marleen van Kerckhove, Arnold & Porter LLP, Brussels, Belgium Simon Pritchard, Director of Mergers to Director of Mergers, Office of Fair Trading, London, England Stephen W. Smith, Morrison & Foerster LLP, Washington, DC Karen Williams, Hearing Officer, Directorate General for Competition, European Commission, Brussels, Belgium Hanno Wollmann, Schonherr Rechtsanwalte OEG, Vienna, Austria Program Chair: Martin Bechtold, Clifford Chance LLP, Brussels, Belgium

4:00– 4:15 PM NETWORKING BREAK *CONCURRENT SESSIONS* 4:15 – 5:45 PM

COPING WITH CUSTOMS IN THE EU: THE UNIFORMITY CHALLENGE (T) Although the EU is a customs union, its rules are administered by 25 different national authorities, leading to different handling of many customs. This program will address how pan-EU customs issues are handled by the European Commission and various EU Member States, and how companies approach uniformity issues affecting the importation of their products into the EU. The program will also explore the WTO requirements for a customs union, and the US request for a dispute settlement panel to examine allegations that the EU fails to meet its WTO obligations in this regard. Speakers: Robert Verrue, Director General of Tax and Customs Union, European Commission, Brussels, Belgium Kurt Van Donink, Nike, Laakdal, Belgium Phillip de Baere, Van Bael & Bellis, Brussels, Belgium Paulette Vander Schueren, Coudert Brothers LLP, Brussels, Belgium Program Chair: Lisa Crosby, Sidley, Austin, Brown, & Wood LLP, Washington, DC Committee Sponsor: Customs Law Committee

OUTSOURCING OF BUSINESS PROCESS SERVICES – A LEGAL PROSPECTIVE (C/B) General Counsel of a European company must decide on whether or not to outsource products, and if so, whether to a European or Asian supplier. GC must also identify the issues that need to be addressed. GC brings together experienced legal advisors with experience in this area, from several countries to address venture structure, tax, intellectual property, labor & employment, real estate, foreign investment, exchange and trade controls. Speakers: James J. Doody, III, Managing Director , Parallax Group International, LLC, Glastonbury, CT Hakan Hanli, Pekin & Pekin, Istanbul, Turkey Richard Silberstein, Gomez-Acebo & Pombo, Barcelona, Spain Program Chair: Robert L. Brown, Greenebaum Doll & McDonald PLLC, Louisville, KY Committee Sponsor: Europe Committee and Asia/ Pacific Committee

WHAT!! NOW YOU WANT ALL MY E-MAILS??? ELECTRONIC DISCOVERY IN LITIGATION AND WHAT IT MEANS FOR THE EUROPEAN COMPANY (DR) This program will provide practical strategies for the European company faced with a request for an electronic discovery in litigation from the perspective of various jurisdictions, including the US, U.K. and Europe. A distinguished panel will address cutting edge issues including: What is a company’s obligation regarding the disclosure of electronic documents such as e-mails, word documents, and meta-data? How does use of e-mail possibly erode the concept of privilege? What is the role of computer forensics in gathering and interpreting electronic data? How will the Hague Convention on the Taking of Evidence Abroad impact requests for electronic discovery? What are the likely impacts of proposed rule changes on data protection and privacy issues of the applicable EU Directives and proposed rule changes in the US Federal Rules of Civil Procedure; the U.K. Practice Directions being drafted to the framework of electronic technology and electronic discovery? Speakers: Kate Matthews, Solicitor, Shadbolt & Co., London, England Peter Baugher, Schopf & Weiss LLP, Chicago, IL Oliver Strub, Head of Corporate Law, Ciba Specialty Chemicals, Basel, Switzerland Eric Friedberg, Stroz Friedberg LC, New York, NY Program Chair: Lisa Savitt, Blank Rome, LLP, Washington, DC Committee Sponsor: International Litigation Committee

RECENT DEVELOPMENTS IN ENFORCEMENT OF ANTI-CORRUPTION STANDARDS, NATIONALLY AND INTERNATIONALLY: A SPECIFIC LOOK AT THE CONCEPT AND BENEFITS OF COOPERATION (F)
This panel will review the impact that new anti-corruption instruments and rules adopted by various regional and other international groups are having on anti-corruption enforcement by the USUS Securities and Exchange Commission at the Department of Justice, and in other countries, especially OECD Anti-Bribery Convention countries. The panel will also examine the benefits at the World Bank's voluntary disclosure program, that is available to companies that provide information about corruption in Bank-financed projects; the current meaning of "cooperation" applied by USUS enforcement agencies, particularly for foreign "issuers", as reflected in the recent enforcement actions, and the growing enforcement of FCPA-type laws by European countries that are parties to the OECD Convention.
Speakers: Nicola Bonucci, Deputy Director of Legal Affairs, Organization for Economic Cooperation and Development, Paris, France (invited) Pascale Dubois, The World Bank, Washington, DC Maury D. Shenk, Steptoe & Johnson LLP, London, England Glenn Ware, Diligence, Inc., Washington, DC
Moderator : Lucinda A. Low, Steptoe & Johnson LLP, Washington, DC
Program Chair: Nicole Healy, Wilson, Sonsini, Goodrich & Rosati, Palo Alto, CA
Committee Sponsor: Anti- Corruption Initiatives and Compliance Issues Committee

7:30 – 9:00 PM Special Reception with the Belgian Bars at Palaise de Justice Guest Speaker: Jean Claude Trichet speaking on “The European Economic And Monetary Union: Current Issues.” Sponsored by Covington & Burling
(TICKETS-SOLD OUT!) Join us for a truly memorable reception at one of Brussels’ most recognized landmarks, presented in association with both the French and Flemish speaking Belgian Bars. Jean Claude Trichet, President of the European Central Bank, will be speaking on The European Economic and Monetary Unions: Current Issues.

9:00 PM COMMITTEE DINNERS In addition to the scheduled committee business meetings on Thursday morning, this is a way for committees to meet in an informal, more social setting to discuss committee business or just to relax and get to know your fellow committee members. These dinner outings are optional, and the committee will determine payment arrangements. If you would like to participate, please complete the committee dinner reservation section (Step 8) of the meeting registration form.

Friday, October 28

7:30 AM – 5:00 PM REGISTRATION AND EXHIBITORS 8:00– 9:00 AM CONCURRENT DIVISIONAL BUSINESS BREAKFAST MEETINGS Sponsored by Wardynski & Partners and Loyens & Loeff *SHOWCASE PROGRAM* 9:30 – 11:00 AM

IMPORTANT DEVELOPMENTS IN CORPORATE GOVERNACE (F) In recent years, various highly publicized corporate accounting and other scandals on both sides of the Atlantic have resulted in significant legislation (e.g., Sarbanes-Oxley) and a heightened enforcement environment, making corporate governance issues of increasing importance to corporations and shareholders all over the world. This program will focus on important developments in corporate governance in Europe and the United States through interactive discussion among world recognized experts. Speakers: Meyer Eisenberg, Deputy General Counsel and Acting Director Division of Investment Management, US Securities and Exchange Commission, Washington, DC Jean-Pierre Blumberg , Linklaters, Brussels, Belgium Vladimira Glatzova , Glatzova & Co, Prague, Czech Republic Prof. Raaijmakers Geert, Professor at the University of Maastricht, director of the largest Dutch pension fund and member of the European Advisory Committee. Program Chair and Moderator: Roel Nieuwdorp , Loyens & Loeff, Brussels, Belgium

*CONCURRENT SESSIONS* 9:30 – 11:00 AM

THE PEER TO PEER REVOLUTION: HOW “FILE SHARING” HAS CHANGED THE WORLDWIDE INTELLECTUAL PROPERTY LANDSCAPE, AND WHAT IS TO COME (C/B) Internet file sharing is perhaps the most critical issue facing the world’s intellectual property owners, and particularly the major content industries (e.g., film studios, record companies, publishers, software producers). Millions of valuable works are copied and distributed without authorization, often across national borders, every day. Copyright owners and national governments have taken a multi-pronged approach including proposed legislation, technical protection or “locks,” litigation, education, offering of legal alternatives to file sharing, and other cooperative efforts. This program will consider the limited siccess of these efforts to date and future directions to address what continues to “morph” into an ever-more-difficult problem to detect and address. Speakers: Honorable Ronald A. Cass, Cass & Associates PC, Former Chair, of the ABA Section of Administration Law and Regulatory Practice,Great Falls, VA, Bruce Joseph, Wiley, Rein & Fielding LLP, Washington, DC Alain Strowel, Covington & Burling, Brussels, Belgium Thomas Dillon, Legal Counsel, Anti-Piracy of the Motion Picture Association, Brussels,Belgium Program Chair: Scott Bain, Wiley, Rein & Fielding LLP, Washington, DC Committee Sponsor: International Intellectual Property Rights Committee

STATE AID CONTROL IN AN ENLARGED EUROPE (T)(A) State subsidies are subject to strict control in the European Union. Leading European Commission officials, investors and practitioners will clarify the relevance of these rules for US companies and attorneys and provide insight into the planned State aid reform of the European commission: A case study on major investments in the automotive sector will show the impact in practice. Speakers: Michael Schuette, Freshfields Bruckhaus Deringer, Brussels, Belgium Barbara Brandtner, Cabinet of Commissioner Neelie Kroes , Commissioner for Competition, European Commission, Brussels, Belgium Humbert Drabbe, Director , DG Competition, European Commission, Brussels, Belgium Asger Petersen, Cleary Gottlieb Steen & Hamilton LLP, Brussels, Belgium Joanna Szychowska, Cabinet of Commissioner Danuta Hübner , Commissioner for Regional Policy, European Commission, Brussels, Belgium Program Chair and Moderator: Conor Maguire, Brussels Matters, Brussels, Belgium Committee Sponsors: International Antitrust Law Committee; Europe Committee; International Investment and Development Committee

11:00– 11:15 AM NETWORKING BREAK *SHOWCASE PROGRAM* 11:15 AM – 12:45 PM

*CORPORATE SOCIAL RESPONSIBILITY: CAN CORPORATIONS DO GOOD* AND DO WELL? A VIEW FROM THE TOP (F)(PL)** In a rapidly changing global business environment, corporations are forced to struggle with issues of profitability and social responsibility within the countries in which they operate and are challenged by sometimes conflicting issues of governance, risk management, and compliance. Should the metric for a corporation’s responsibility to society simply be compliance with laws and regulations in host countries? Do voluntary CSR initiatives present liability issues for directors relative to their duties to shareholders? Are such voluntary efforts more “marketing” than substance? Is the triple bottom line paradigm realistic? Will slow progress, and perhaps resistance from some groups within corporations, result in increasing efforts from government regulators to impose more mandatory compliance programs? Senior management of American and European companies and government leaders will discuss these and related issues to provide a "management view from the trenches."
Speakers: Niel Golightly, Director, Sustainable Business Strategies, Ford Motor Company, Dearborn, MI Dr. David L. Rainey, Rensselaer Polytechnic Institute, Harford, CT James H. Tyson, Managing Director, WECX Ltd. Hamilton, Bermuda Deborah Evans, Business Manager, Corporate Reporting and Assurance, Lloyd’s Register Quality Assurance, Coventry, England , London, England Moderator: Ramon Mullerat. Mullerat Law Firm, Barcelona, Spain Program Chair: William Luddy, Lally School of Management & Technology, Rensselaer Polytechnic Institute, Hartford, CT Committee Sponsor: Corporate Social Responsibility Committee

*CONCURRENT SESSIONS* 11:15 AM – 12:45 PM
EU VERTICAL RESTRAINTS: COMPETITION AND NATIONAL LAW CONSIDERATIONS IN THE PERFORMANCE AND ENFORCEMENT OF SUPPLY, DISTRIBUTION, AGENCY AND FRANCHISING AGREEMENTS (CB)(A) Counsel from Spain, France, the US and the UK will discuss considerations relating to each of agency, distribution, supply and franchise relationships on an European basis, with special consideration of the laws of Western Europe. The panel will address both EU Competition law issues and country specific regulations which can affect performance and enforcement. Specific discussion points involve pricing (including discounting and rebates), control of trademark and IP, forms of non-compete, disclosure obligations, permitted duration, and the use of benchmarking. Speakers: Greg Olsen , Jones Day, London, England Salli Swartz , Philips, Giraud, Naud & Swartz, Paris, France Gonzalo Ulloa , Gomez, Acebo & Pombo, Barcelona, Spain Program Chair: Christopher Crowder, Chief Legal Counsel-International, The Scotts MiracleGro Company, Lyon, France Erik Wulff , DLA Piper Rudnick Gray Cary US LLP, Washington, DC Committee Sponsors: International Commercial Transactions Committee; Subcommittee on International Franchise; Europe Committee; International Antitrust Law Committee

WTO DISPUTE SETTLEMENT: CONFLICTING RULES AND SYSTEMS (T) A comparative discussion of the tensions between domestic subsidy rules and WTO rules, opportunities for arbitrage between national systems, and the approaches of EU and US to WTO dispute settlement will be highlighted by looking at some of the recent WTO disputes in the field of subsidies, such as DRAMs and the Boeing/Airbus conflict. Speakers: Jean Anderson, Weil Gotshal & Manges LLP Washington, DC Scott D. Andersen, Sidley Austin Brown & Wood, Geneva, Switzerland Marco Bronckers, Wilmer Cutler Pickering Hale & Dorr LLP, Brussels, Belgium James Flett,European Commission, Legal Service, Brussels, Belgium Gilbert Kaplan, King & Spalding LLP, Washington, DC Moderator: Georg Berrisch, Covington & Burling, Brussels, Belgium Program Chair: Bernard O'Connor, O'Connor and Company, Brussels, Belgium

US-EU DIALOGUE ON THE REGULATORY EXPROPRIATION OF INTERNATIONAL INVESTMENT: A STORY OF CONFLICT OR CONVERGENCE? (PL)(DR) What constitutes a regulatory taking has fostered healthy legal debate in US courts. The same debate has played out in the European Court of Human Rights, and increasingly before investor-state tribunals operating under the Northern America Free Trade Agreement and bilateral investment treaties. Are these different dispute settlement bodies treading their own paths, or is a convergence taking place – and if so, how and in what direction? Speakers: Yas Banifatemi, Shearman & Sherling LLP, Paris, France Jack Coe, Professor, Pepperdine University Law School, Malibu, CA Mark Kantor, Georgetown University Law Center, Washington, DC Ethan Shenkman, Wilmer Cutler Pickering Hale & Dorr LLP, Washington, DC Program Chair: Todd Weiler, American University Washington College of Law, Washington, DC Committee Sponsors: International Trade Committee; International Commercial Dispute Resolution Committee; International Investment and Development Committee

1:00 – 2:30 PM LUNCHEON WITH DISTINGUISHED SPEAKER (TBA) (TICKETS-SOLD OUT!)

*CONCURRENT SESSIONS* 2:45 – 4:15 PM THE TRADE IN (ILLEGAL) ARCHAEOLOGICAL ARTIFACTS AND OTHER CULTURAL OBJECTS: WHAT IS EUROPE DOING ABOUT IT? (PL) Illegal trade in antiquities and other cultural objects is one of the most serious international crimes. The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property is the preeminent international convention addressing international trade in cultural objects. There are now 106 States Parties to the Convention and many of the world’s most significant market nations have ratified and enacted implementing legislation including the US, UK and Switzerland. This panel will examine the different methods of implementation of the UNESCO Convention and what European institutions, including UNESCO and Europol, are doing to prevent trafficking in illegally obtained cultural objects. Speakers: Dr. Guido Carducci, Chief of Section of International Standards, Division of Cultural Heritage; UNESCO, Paris, France Kevin Chamberlain, CMG, Barrister, Former Deputy Legal Adviser Foreign and Commonwealth Officer; Consultant to Department of Culture, Media and Sport; Legal Adviser to Ministerial Advisory Panel on Illicit Trade 2000-2004; Author “War and Cultural Heritage” (institute of Art and Law 2004) Professor Laurence Massy, Detective in the Federal Police of Brussels, Financial Department, Works of Art Unit; Lecturer in Art History and Criminology, University of Liege, Belgium Norman Palmer; Chairman, Illicit Antiquities Trade Panel, London, England (invited) Yves Fisher, D.E.S.S., Director, Bureau of Looted Art; Deputy Chief, Legal and International Affairs, Federal Office of Culture, Zurich, Switzerland Bonnie Czegledi, Barrister & Solicitor, Czegledi Art Show, Toronto, Canada (Program Co-Chair) Program Chairs: Cristian DeFrancia, Legal Advisor, Iran-United States Claims Tribunal, The Hague, The Netherlands Committee Sponsor: International Cultural Property Committee

INTERNATIONAL BANKRUPTCY AND INSOLVENCY: COMPETING AND CONFLICTING ISSUES FOR THE US AND EUROPE (F)(C/B) This program will explore important new legal and business developments relating to cross-border bankruptcies and insolvencies, with particular reference to differences between US and European rules and procedures and their implications for multi-jurisdictional insolvency proceedings. Speakers: Giovanni Nardulli, Gianni, Origoni, Grippo & Partners, Rome, Italy Judge Elizabeth S. Strong, U.S. Bankruptcy Court, Eastern District of New York, New York, NY Peter Manning , Simmons & Simmons, London, England Robert Grossman, Arent Fox, New York, NY Brigitte Gambini, Jeantet Associes, Paris, France and New York, NY Maurice Woolf, Interoute, London, England Program Chairs: James Silkenat, Arent Fox, New York, NY Paul Kearney, European Bank for Reconstruction and Development, London, England Committee Sponsors: International Secured Transaction and Insolvency Committee; International Commercial Transactions Committee; International Financial Products and Services Committee; International Investment and Development Committee

WTO ACCESSION: WHO’S CLOSE AND WHO’S NOT (T) This program will explore the economic, legal and political hurdles faced by countries that wish to join the World Trade Organization and hurdles faced by new WTO members. Panel members will discuss a number of important questions including: The status of Russia’s accession discussions Given the current political situation, whether any country in the Middle East discussing WTO membership might be found entitled to join the WTO and at what political cost Whether China’s accession to the WTO has brought benefits in terms of access to the dispute settlement procedures and otherwise. Speakers: Dr. Yang Guohua, Ministry of Commerce, Department of Treaty and Law, Beijing, China Heather Grant, World Trade Organization, Geneva, Switzerland (invited) Val Slater, Akin Gump Strauss Hauer & Feld LLP, Washington, DC Emad Tinawi, Booz Allen Hamilton, McLean, VA Program Chair: Cyndee Todgham Cherniak, Heenan Blaikie LLP, Toronto, Canada

CROSS-CULTURAL PERSPECTIVES IN INTERNATIONAL ARBITRATION (DR) International arbitration often brings together parties, counsel and arbitrators from different cultural and legal traditions. The civil law tradition emphasizes documentary evidence, written submissions and active involvement of the tribunal in the development of evidence. The English common law tradition emphasizes oral testimony of witnesses and active involvement of lawyers in conducting the case, including direct and cross-examinations by lawyers. Attorneys from the US bring their own unique perspectives, particularly expectations of broad discovery rights, including depositions. This program will address the intersection of these differing expectations and traditions, the extent to which international arbitration procedures have become a harmonized blend of the different traditions and the extent to which differing traditions still impact the international arbitral process. Topics covered will include disclosure and discovery of evidence, including the role (if any) of depositions; the nature and role of witness statements; techniques for the examination of witnesses; and expert witnesses(tribunal versus party-appointed). Speakers: Robert Akenhead, QC, Atkin Chambers, London, England José I. Astigarraga , Astigarraga Davis, Miami, FL Sophie Nappert, Denton Wilde Sapte, London, England Anne-Veronique Schlaepfer, Schellenberg Wittmer, Geneva, Switzerland Program Chair: Ben Sheppard, Vinson & Elkins LLP, Houston, TX Committee Sponsor: International Commercial Dispute Resolution Committee

4:15 – 4:30 PM NETWORKING BREAK - Sponsored by Liedekerke Wolters Waelbroeck Kirkpatrick *CONCURRENT SESSIONS* 4:30 – 6:00 PM

PUBLIC PRIVATE PARTNERSHIPS: WHAT STRANGE BEDFELLOWS! (F)(C/B) Round table discussion will focus on recent developments concerning public/private partnerships, particularly in the energy, water, transportation and municipal infrastructure sectors. Topics will include Strategies for implementing a public-private partnership program Financing of public-private partnerships Distinguishing between the interests of public sector and private sector partners and between the interests of the various private sector partners Allocation of project risks among key participants. Speakers: Ilan Dunsky, Heenan Blaikie LLP, Montreal, Canada Marc Fornacciari, Jeantet et Associes, Paris, France Isabel Franco, Demarest, Sao Paulo, Brazil Dr. Juliane Hilf, Environment, Planning & Regulatory (ERP) Group, Freshfields Bruckhaus Deringer, Cologne, Germany Program Chair: Cyndee Todgham Cherniak, Heenan Blaikie LLP, Montreal, Canada Committee Sponsor: Women’s Interest Network

COPING WITH THE CHINA TRADE: CAN OLD TRADE LAW WINES FIT IN NEW WTO BOTTLES? (T) European and American imports from China have risen dramatically. Many of these imports result from investment in China by EU and US firms which regard China as the outsource of choice. The panel will examine appropriate responses to these developments, particularly whether traditional trade rules and remedies still fit, including the "culture gaps" that prevent many Chinese respondents from complying with requests for information or cooperation in verification. Do principles developed during the ""Cold War" or dealing with "non-market economies" still serve? Are the specific safeguard measures in China's WTO accession agreement practical, fair and effective? May WTO-consistent countervailing measures be applied to an economy in rapid transition? Are rules, built on concepts of independent traders and rooted in geographic origin effective for dealing with the intra-company transfers that characterize globalization? Speakers: Georg Berrisch, Covington & Burling, Brussels, Belgium Pablo Bentes, Machado, Meyer, Sendacz e Opice Advogados, Sao Paulo, Brazil Mike Coursey, Collier Shannon Scott, LLC, Washington, DC Fritz-Harald Wenig, Director, DG Trade, European Commission, Brussels, Belgium Frank Zhang, Beijing Jincheng & Tongda Law Firm, Beijing, China Moderator: Peter Ehrenhaft, Miller & Chevelier Chartered, Washington, DC Program Chair: Peggy Clarke, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC

HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS- COMPARING THE NEW REGIME WITH THE NEW YORK ARBITRATION CONVENTION (DR) This panel will analyze the comparative effectiveness of court and arbitral proceedings for businesses engaged in international trade under the newly-adotped Hague Convention on Choice of Court agreement and how the experience accumulated under the New York Convention could be useful in the application of the Hague Convention. The panel participants will cover a number of issues including: jurisdictionality/arbitrability of disputes in areas such as intellectual property and antitrust/competition; conditions for the formal/substantial validity of the jurisdiction/arbitration agreements; exception of the “null and void” agreement; exception of public policy, serious injustice and incapability of reasonable performance of the agreement ; recognition and enforcement of foreign judgments/arbitral awards, including for non-compensatory and excessive damages. Speakers: Glenn Hendrix, Arnall Golden Gregory LLP, Atlanta, GA Arnaud Nuyts , Liedekerke Wolters Waelbroeck Kirkpatrick, Brussels, Belgium (Program Chair) Kenneth B. Reisenfeld , Haynes and Boone LLP, Washington, DC Louise-Ellen Teitz , Roger Williams School of Law, Bristol, RI Luca G. Radicati di Brozolo, Bonelli Erede Pappalardo- Studio Legale, Milan, Italy Jennifer Kirby, Adjunct Secretary General , ICC International Court of Arbitration, Paris, France Moderator: Catherine Kessedjian, University of Paris II Panthéon-Assas, Paris, France Committee Sponsors: International Commercial Dispute Resolution Committee; International Litigation Committee

INTERNATIONAL CRIMINAL JUSTICE--THE PROSECUTORS(PL)(DR) This forum brings together prosecutors and their representatives from three international criminal tribunals--the International Criminal Tribunal for the Former Yugoslavia ,the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, and the International Criminal Court. Charged with the responsibility of bringing to justice individuals accused of genocide, crimes against humanity and war crimes, these prosecutors will review relevant jurisprudence, achievements, setbacks, and lessons learned for the future. They will speak about the degree to which international criminal justice is moving toward a universal standardized jurisprudence and practice independent of common or civil law origins. A once in a lifetime opportunity to hear where international criminal law and prosecutions of genocide and war crimes have been and are going. Speakers: Christine Chung, Senior Trial Attorney, Office of the Prosecutor, International Criminal Court (Representing Luis Moreno-Ocampo, Chief Prosecutor, International Criminal Court) Hassan Jallow, Prosecutor, International Criminal Tribunal for Rwanda David Crane, Former Prosecutor, Special Court for Sierra Leone Program Chair: Hon. Marilyn Kaman, Judge, Hennepin County District Court, Minneapolis, MN; former International Judge, UN Mission in Kosovo Committee Sponsor: UN and International Institutions Committee, International Criminal Law Committee

4:30 – 6:30 PM ABA INTERNATIONAL ADMINISTRATION COMMITTEE MEETING 7:30 – 10:30 pm CLOSING DINNER/RECEPTION AT PALAIS d’EGMONT (TICKETS-SOLD OUT!) Sponsored by Freshfields Bruckhaus Deringer Remarks: Koen Lenaerts, European Court of Justice, Luxemburg Join us for an exciting reception and dinner at an unforgettable setting. (Ticketed Event)

Saturday, October 29th

9:00 AM – 1:00 PM ABA INTERNATIONAL COUNCIL MEETING 9:00 AM - 6:30 PM OFF-SITE EXCURSIONS

BATTLE OF THE BULGE 9:00 AM – 4:30 PM Sixty year’s ago, the Battle of the Bulge was one of the last great conflicts which marked the concluding phase of the Second World War. Soldiers from several countries fought, braving bitter cold and other privations. There were heavy casualties, especially in South-Eastern Belgium and Northern Luxembourg. The visit will traverse some of the locations where key events unfolded. The Band of Brothers series was filmed at one of these sites. Expert military guides will accompany the party, which will also visit a battle museum. Lunch will be provided, and there will be a reception in a house which was fought over on January 11, 1945.

9:30 AM – 5:00 PM VISIT TO THE GHENT/BRUGGE (TICKETS-SOLD OUT!) This excursion, by comfortable tour bus with English-Speaking guide, will first stop at the City of Ghent, about one hour to the west of Brussels. The visit will include a walking tour of the city, its magnificent cathedrals, the historic St. Michael's Bridge overlooking a canal that has been in use for more than 800 years, old guild halls in Flemish Renaissance style, the historic Castle of the Counts of Flanders, and a viewing of the extraordinary tryptich painting of Jan vanEyck, "The Mystic Lamb" in the Cathedral of St. Bavo – (one of the first paintings to make use of the technique of perspective.) The tour will continue to Brugge, known as the Venice of the North, with its many canals, churches, and museums. A walking tour and a short boat ride on canals is included. Brugge is famous for it bell-tower carillon, its lace-making industry and an amazing combination of medieval, Flemish Renaissance and baroque architecture. Lunch of Belgian specialties will be served. The bus will return to the hotel at approximately 5:00 p.m. A minimum of 20 persons is required in order to offer this tour. Clothing - Shoes suitable for walking and wet weather clothes in case of rain.

FALL MEETING PROGRAM TRACKS

Public Law Track	Finance Track
Dispute Resolution Track	Commecial/Business Track
Antitrust Track	Trade Track

Public Law Track
Programs with a focus on public international law issues.

*Wednesday, October 26*

9:15 AM– 5:30 PM AN EU PRIMER: FUNDAMENTALS OF THE EUROPEAN UNION: LAW, LEADERS, POLICIES, AND INSTITUTIONS and VISITS TO AND MEETINGS WITH REPRESENTATIVES OF EUROPEAN INSTITUTIONS (four sessions – all day)

11:00 AM – 12:30 PM ISSUES IN TRANS-ATLANTIC DEFENSE PROCUREMENT