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Fall Meeting Program Tracks:

TUESDAY, OCTOBER 2

3:00 pm - 6:00 pm

Registration

WEDNESDAY, OCTOBER 3

7:30 am - 5:00 pm

Registration

8:00 am - 8:45 am

Continental Breakfast
Sponsored by: HSBC

9:00 am - 10:30 am

Opening Ceremony featuring the Lord Chief Justice of England and Wales - The Rt Hon Lord Phillips of Worth Matravers (Head of the Judiciary) and the Master of the Rolls, the Rt. Hon. Sir Anthony Clarke (President of the Court of Appeal - Civil - And Head of Civil Justice)

The Section of International Law is greatly honored to be welcoming to this Opening Ceremony the the two most senior Judges sitting in the Royal Courts of Justice. The Lord Chief Justice will be giving a Keynote Address on the impact of terrorism on the rule of law upon which Justices Holland and Lemons will comment from a US perspective. The Master of the Rolls, as Chairman of the Civil Justice Council, will be speaking on the importance (internationally and domestically) of the civil justice system upon which the other speakers (representing the Associations of which they are the leaders ) will comment.

Introduction:
Jeffrey B. Golden, Chair of the ABA International Law Section, London, England
William Neukom, President of the American Bar Association, Seattle, WA

Other Speakers:
Justice Randy J Holland, Supreme Court of Delaware, Wilmington, DE
Justice Donald W Lemons, Supreme Court of Virginia, Richmond, VA
Fiona Woolf, Former President of the Law Society, London, England
Fernando Pombo, President of the International Bar Association, Madrid, Spain
Geoffrey Vos QC, Chairman of the Bar Council, London, England

10:30 am - 10:45 am

Networking Break

10:45 am - 12:15 pm

Where to Arbitrate?

Dispute Resolution/Litigation
Experienced lawyers, judges and arbitrators will debate (in a moot presentation/debate) the advantages and disadvantages of arbitration in London versus other centers. This promises to be an exciting, comparative (but light hearted!) program with arguments addressed to the audience who will vote at the end. Cross-jurisdictional issues will feature as a key topic. The motion will be that “This House agrees that London retains its reputation as the leading center for international commercial arbitrations.”

Cooperating Entity:
British Expertise

Program Chair:
Dick Shadbolt, Shadbolt & Co LLP, London, England

Moderator:
Kate Matthews, Shadbolt & Co LLP, London, England

Speakers:
Hilary Heilbron QC, Brick Court Chambers, London, England
John Tackaberry QC, Arbitration Chambers, London, England
Lord David Hacking, Littleton Chambers, London, England
Adrian Winstanley, Director General and Registrar, London Court of International Arbitration (LCIA), London, England
Honorable William G. Bassler, US District Judge (ret) and JAMS , New York, NY
The Honourable Mr. Justice Vivian Ramsey, Technology and Construction Court Judge, London, England

10:45 am - 12:15 pm

Islamic Finance:  New Products, New Challenges

Corporate/Finance
The market for Shariah compliant financing transactions has grown significantly in the past two years. Increased demand for Shariah compliant retail products, from home and auto mortgages and checking accounts, to bond (sukuk) issuance and project finance requirements, as well as derivative transactions are just some of the product applications being designed for the Islamic financial markets. This panel draws on Shariah expertise, as well as legal design expertise, to examine the challenges faced by this growing market.

Co-Sponsoring Committee:
Financial Products and Services Committee, and International Securities & Capital Markets Committee

Program Chair:
Kimberly Anne Summe, International Swaps and Derivatives Association Inc, New York, NY

Moderator:
Thomas Jones, Allen & Overy LLP, Hong Kong, China

Speakers:
Luma Saqqaf, Linklaters, Dubai, United Arab Emirates
Habib Motani, Clifford Chance LLP, London, England
Mahmood Faruqui, Institute of Islamic Banking and Insurance, London, England
Stella Cox, Dawnay Day Global Investment Limited, London, England

10:45 am - 12:15 pm

SHOWCASE PROGRAM
Conducting Internal Investigation in Multinational Corporations

Regulatory Law
Dispute Resolution/Litigation
Transactional
Corporate Counsel
Law Practice
Young Lawyers
With the latest technological developments and increased focus on company behavior and compliance issues, multinational corporations are increasingly forced to implement and conduct internal investigation procedures in order to identify and prevent wrongful or illegal activities within the corporation. From a legal and business ethics perspective, the new possibilities give rise to a number of considerations. The problems only grow when dealing with multinational corporations where investigations quickly cross borders and raise issues of applicable law, transfer of data, conflicts of laws, etc. The program will give participants an overview of some of the most important issues arising from cross-border internal investigations, including application of anti-bribery laws, privacy, data protection, employee protection and validity of firm-wide policies, as well as best practices for businesses and attorney ethics.

Co-Sponsoring Committees:
International Employment Law Committee, International Criminal Law Committee, International Anti-Money Laundering Committee, Anti-Corruption Initiatives and Compliance Issues Committee, International Corporate Counsel Committee, and International Securities & Capital Markets Committee

Program Co-Chairs:
Stuart H. Deming, Deming LLC, Washington, DC
Anders Etgen Reitz, Bech-Bruun, Copenhagen, Denmark
Philip Urofsky, Shearman & Sterling LLP, Washington, DC
Alexandra Wrage (Moderator), TRACE International, Annapolis, MD

Speaker
Els de Wind, Van Doorne N.V., Amsterdam, The Netherlands

10:45 am - 12:15 pm

Corporate Responsibility and the Fragile State

Public International Law
Corporate Counsel
This session considers the responsibilities of companies investing in post-conflict states by examining the international legal obligations that should be met when negotiating investment agreements and resource concessions, including social, environmental and labor standards. The Mineral Development Agreement between the Government of Liberia and Mittal Steel Holdings will provide a case study of the legal issues arising from negotiations by a transnational corporation with a transitional government for a natural resource concession.

Sponsoring Committee:
International Investment and Development Committee

Program Chair:
Christine Chinkin (Moderator), Professor of International Law, London School of Economics, London, England

Speakers:
Rae Lindsay, Clifford Chance LLP, London, England
Salil Tripathi, International Alert, London, England
Ramon Mullerat, KPMG International, Madrid, Spain
Andrea Shemberg

10:45 am - 12:15 pm

Trade Facilitation:  Cutting Red Tape at International Borders.  Progress Since Doha?

It is estimated that the average customs transaction involves 20 to 30 different parties, 40 documents, 200 data elements (30 of which are repeated at least 30 times) and the re-keying of 60-70% of all data at least once.  In the current business environment, which often involves multi-country sourcing and just-in-time production and delivery, producers and traders need fast and predictable release of goods.  It is therefore not surprising that throughout the WTO negotiations, while there was intense disagreement over agriculture, NAMA and services, negotiators agreed on major trade facilitation initiatives and the talks moved forward fairly smoothly with good progress.  And, despite the roadblocks in the WTO talks, advancements on trade facilitation initiatives continue today through the efforts of the World Customs Organization and other working groups.  This panel will discuss the current status and progress of major trade facilitation initiatives and will highlight some key changes to customs procedures and transport logistics around the world that will come from these efforts. 

Program Chair:
Melanie Frank (Moderator), Hogan & Hartson, Washington, DC

Speakers:
Michael T. Schmitz,  Director, Compliance & Facilitation, World Customs Organization, Brussels, Belgium
John S. Wilson (Invited), Lead Economist, Transport and Urban Development, The World Bank, Washington, DC
Matt Rohde (Invited), WTO and Multilateral Affairs, Office of the United States Trade Representative, Washington, DC
Teresa M. Polino, Customs and International Trade Counsel, Hogan & Hartson LLP, Washington, DC  
Joseph G. Gavin III (Invited), Vice President, Trade Policy, United States Council for International Business, Washington, DC

12:30 pm - 2:00 pm

Luncheon with the former Attorney General for England and Wales The Rt Hon Lord Goldsmith of Allerton QC
Sponsored by: Haynes and Boone LLP

2:15 pm - 3:45 pm

SHOWCASE PROGRAM
Balloon Debate on the Best Dispute Resolution Methods

Dispute Resolution/Litigation
Corporate Counsel
Young Lawyers
A debate between leading proponents as to which method is the best way of resolving commercial disputes: US litigation, UK litigation, arbitration, mediation or expert determination.  The audience decides the winner!  Each speaker has 10 minutes to put together his or her case, and the two speakers with the lowest audience votes are eliminated from the balloon.  The remaining three speakers each have 5 minutes more before the audience decides the winner.

Co-Sponsoring Committees:
International Litigation Committee, International Corporate Counsel Committee, Europe Committee, International Commercial Disputes Resolution Committee, International Antitrust Committee, and Young Lawyers Interest Network

Program Co-Chairs:
Gavin Foggo, Fox Williams LLP, London, England
Anthony Maton, Cohen Millstein Hausfeld & Toll LLP, London, England
Simon Davis (Moderator), Clifford Chance LLP, London, England

Speakers:
John Tackaberry QC, Arbitration Chambers, London, England
Steven Gee QC, Stone Chambers, London, England
Clive Freedman, 3 Verulam Buildings, London, England
Tony Willis, Brick Court Chambers, London, England
Pamela A. Bresnahan, Vorys, Sater, Seymour and Pease LLP, Washington, DC

2:15 pm - 3:45 pm

Challenges to the Rule of Law in Africa and Elsewhere

Public International Law/Young Lawyers
Since 1968, the International Legal Exchange program (ILEX) has promoted a worldwide exchange of ideas with briefing trips and programs created in response to current world affairs. High-level bar leaders visit a different country or region each year, to gain first-hand knowledge of the legal and judicial systems for the particular country or region, and to interact with legal, business and governmental leaders. In March 2007 the Section of International Law ILEX delegation went to the African countries of Ghana, Liberia and Sierra Leone. Recent ILEX delegations have traveled to Lebanon, Syria, Iran, the Netherlands and Belgium. During this program, prominent bar leaders will discuss rule of law issues raised by such ILEX country briefing trips, with a particular focus on the findings of the 2007 mission to Africa. The panel will also address the follow-up initiatives required, as well as the initiatives currently being proposed.

Program Chair:
The Hon. Marilyn Kaman, State of Minnesota District Court, 4th Judicial District, Minneapolis, MN

Moderator:
Deborah Enix-Ross, Chair, ABA Section Officers Conference Executive Committee, Immediate-Past Chair ABA Section of International Law, Debevoise & Plimpton LLP, New York, NY

Speakers:
Guy Berringer, Allen & Overy LLP, London, England
William Neukom, President of the American Bar Association, Seattle, WA
Daryl Mundis, International Criminal Tribunal for the former Yugoslavia, The Hague, Netherlands
Justice Rosolu John Bankole Thompson (Invited), Special Court for Sierra Leone and Acting Dean of the Sierra Leone Law School, Freetown, Sierra Leone
Ken Reisenfeld, Haynes and Boone, Washington, DC
Judy Vezmar, CEO ECLA (Europe, Canada, Latin America, and Africa), LexisNexis Butterworths, London, England

2:15 pm - 3:45 pm

Data Protection and Internal Investigations

Regulatory Law
Dispute Resolution/Litigation
Law Practice
Responding to increased US federal prosecution of business crimes, corporations are increasingly self-reporting possible violations, conducting internal investigations, and sharing factual results with authorities, who consider such cooperation when deciding whether and how to prosecute. Concurrently, the EU and its member-states enforce data-protection laws regulating the collection, review, and transfer of personal data. By investigating conduct and seeking to cooperate with US authorities, corporations risk violating data-protection laws. This program explores the challenges facing corporations in these circumstances and offers guidance on how to meet them.

Co-Sponsoring Committee:
International Criminal Law Committee, International Anti-Money Laundering Committee and Anti-Corruption and Compliance Issues Committee

Program Chair:
Darryl Lew (Moderator), White & Case LLP, Washington, DC

Speakers:
Kathleen Hamann, U.S. Department of Justice, Washington, DC
Bojana Bellamy, Accenture, London, England
Peter Clark, Cadwalader, Wickersham & Taft LLP, Washington, DC
Sian Rudgard, Information Commissioner's Office, Cheshire, England

2:15 pm - 3:45 pm

Wetlands in War: International Environmental Law and Damages to Aquatic Resources during Conflict

Public International Law
As recent events have demonstrated, the environment is also an unfortunate casualty of war. This panel of experts will review legal and policy issues associated with damage to wetlands and related ecosystems arising from transboundary and internal conflicts, including the relevance of the Ramsar Convention on Wetlands, damage claims from the first Gulf War, the draining of the Mesopotamian Marshlands by Saddam Hussein, and the impacts on water quality from cocaine production in South America.

Sponsoring Committee:
International Environmental Law Committee

Program Chair:
Royal C. Gardner (Moderator), Stetson University College of Law, Gulfport, FL

Speakers:
Abou Bamba, Ramsar Convention Secretariat, Gland, Switzerland
Rae Lindsay, Clifford Chance LLP, London, England
Joseph Dellapenna, Villanova University School of Law, Villanova, PA
Luz Estella Nagle, Stetson University College of Law, Gulfport, FL

2:15 pm - 3:45 pm

China’s WTO Compliance: the US, Canadian, and EU Views

Customs/Trade
The US, Canada, and the European Union have common interest in ensuring that China implements and abides by its WTO liberalization commitments. Yet the US, Canada, and EU do not always agree on the degree of China's implementation nor on what measures should be taken to ensure China's prompt and thorough implementation of its WTO commitments. This panel will review these issues and suggest a future course of action based on US, Canadian, and EU common interests.

Co-Sponsoring Committees:
China Committee, International Trade Committee, Europe Committee, and International Investment & Development Committee

Program Chair:
Michael E. Burke (Moderator), Williams Mullen PC, Washington, DC

Speakers:
John Magnus, Tradewins, LLC, Washington, DC
Susan Ning, King & Wood, Beijing, China
Cyndee Todgham Cherniak, Of Counsel, Lang Michener LLP, Toronto and Ottawa, Canada
Georg Berrisch, Covington & Burling LLP, Brussels, Belgium

3:45 pm - 4:00 pm

Networking Break
Sponsored by:

4:00 pm - 6:00 pm

Section Administration Committee Meeting

4:00 pm - 5:30 pm

Electronic Discovery Issues in Investigations and Litigation
(includes CLE Ethics Credit)

Dispute Resolution/Litigation
How can global companies navigate the uncertain waters of pre-trial discovery amidst the changes in US e-discovery rules and privacy laws in the E.U., Asia and Latin America? Suggestions and potential obstacles will be presented through a mock US discovery conference and UK hearing to enforce a US court order, followed by a panel discussion on proactive steps on data management and compliance.

Co-Sponsoring Committees: 
International Litigation Committee, International Criminal Law Committee

Program Co-Chairs:
Kenneth N. Rashbaum (Co-Moderator), Sedgwick, Detert, Moran & Arnold LLP, New York, NY
Alexander Blumrosen (Co-Moderator), Bernard-Hertz-Bejot, Paris, France
Gavin Foggo, Fox Williams LLP, London, England

Speakers:
Ariana Tadler, Milberg Weiss LLP, New York, NY
Ronald Hedges, Nixon Peabody LLP, New York, NY
Charles Schmerler, Fulbright & Jaworski, LLP, New York, NY
Stephen Phillips, 7 Kings Bench Walk, London, England

4:00 pm - 5:30 pm

Multinational Enterprise Liability in Insolvency Proceedings

Corporate/Finance

This program will explore the different outcomes and allocation of liabilities that are possible when a multi-national enterprise initiates insolvency proceedings — either as a single unit or a family of companies — simultaneously in multiple jurisdictions.  A multitude of issues in this field must be addressed by practitioners with little in the way of established legal guidance or precedents. Can a director of the parent be deemed a de facto or "shadow" director of its subsidiaries? Can directors of a financially distressed enterprise be held liable for a cash-sweep mechanism that automatically transfers deposits overnight to a bank that pays higher interest in another country? Must employees in one jurisdiction be preferred over those in another to avoid criminal sanctions? Come hear the panelists' views on these and other equally challenging questions at this ground-breaking program.

Sponsoring Committee:
International Secured Transactions and Insolvency Committee

Program Chair:
Jason H. Watson (Moderator), Alston & Bird LLP, Atlanta, GA


Speakers:
Karen O'Flynn, Clayton Utz, Sydney, Australia
Christopher Grierson, Lovells, London, England
Jacques Henrot, De Pardieu Brocas Maffei, Paris, France
Cristián Eyzaguirre, Eyzaguirre & Cía, Santiago, Chile

4:00 pm - 5:30 pm

International Chemicals Regulation: There's More Just Beyond Our REACH

Regulatory Law
The landscape of chemicals regulation is rapidly changing in the United States and abroad, and nowhere more so than in Europe. The US Toxic Substances Control Act, once the global benchmark, is being supplanted by new paradigms that take different approaches to hazard and risk. Of these perhaps the most far-reaching is the European Union's scheme captioned "Registration, Evaluation, and Authorization of Chemicals", or REACH, which would impose a specific duty of care on substance producers/importers and downstream users to avoid causing harm to humans or the environment, and require substitution of less harmful alternatives for the most dangerous chemicals. This panel will survey recent developments in this area of regulation, with particular emphasis on the implications of REACH for companies doing business in Europe.

Sponsoring Committee:
International Environmental Law Committee

Program Co-Chairs:
Richard A. Horsch (Moderator), White & Case LLP, New York, NY
Lawrence Culleen, Arnold & Porter LLP, Washington, DC

Speakers:
Ursula Schliessner, McKenna Long & Aldrich LLP, Brussels, Belgium
Stephan Müller, Linklaters, London, England
Pierre Bechmann, Clifford Chance LLP, Paris, France
Scott Flicker, Paul Hastings, Washington, DC

4:00 pm - 5:30 pm

Extraterritorial Application of US Export Controls and Trade Sanctions

Customs/Trade
US measures to regulate trade beyond its borders have caused substantial controversy, particularly for trans-Atlantic companies. Learn about recent developments in US enforcement policy (regarding Iran and China in particular), as an expert panel explores legal, commercial and security issues raised by extraterritorial enforcement of US export control laws and related trade sanctions. Receive practical advice on compliance, government investigations, and reconciling the legal disconnect between the US and its major trading partners.

Co-Sponsoring Committees:
Export Controls and Economic Sanctions Committee, and International Criminal Law Committee

Program Co-Chairs:
J. Triplett Mackintosh (Moderator), Holland & Hart LLP, Denver, CO
Timothy L. Dickinson, Paul, Hastings, Janofsky & Walker LLP, Washington, DC

Speakers:
Nancy Hollander, Freedman Boyd Daniels Hollander and Goldberg P.A., Albuquerque, NM
Laura Ingersoll, US Attorney's Office for the District of Columbia, Washington, DC
Jean-Marie Salva, DS Avocats, Paris, France

4:00 pm - 5:30 pm

Building and Managing a High Performance Multi-Jurisdictional Legal Team

Law Practice
Young Lawyers
Corporate Counsel

This session presents proven, effective strategies and tactics to assemble and manage different lawyers and law firms into a multi-jurisdictional legal team of lawyers to achieve maximum performance on complex international legal matters involving different cultures, nationalities, systems of law, languages and technologies. Panelists include an EU-based international practitioner, a developing-world practitioner, general counsel from an international corporation, and an IT expert.

Program Chair:
John Remsen, Jr. (Moderator), The Remsen Group, Atlanta, GA

Speakers:
Andrew Z. Adkins, III, University of Florida, Levin College of Law, Legal Technology Institute, Gainesville, FL
José Antonio Muñoz, Arias & Muñoz, San Jose, Costa Rica
Dr. Nicolas Böhm, Hengeler Mueller, Berlin, Germany

7:00 pm - 9:00 pm

Reception at the Grosvenor House Hotel
Gala opening reception, free for all registered Fall Meeting participants, in the Grosvenor House Hotel Ballroom.  This is your chance to network with new friends and old acquaintances.

9:00 pm - 11:00 pm

Committee Dinners

THURSDAY, OCTOBER 4

7:30 am - 5:00 pm

Registration

7:45 am - 8:45 am

Committee Breakfasts
Committee business meetings are open to all participants.  They provide a great opportunity to meet the leaders in the fields covered by the committees, learn about committee plans for the year and become active in committee work.

Committees participating at the Thursday Breakfast are the Africa Committee, Anti-Corruption Initiatives & Compliance Issues Committee, Asia/Pacific Committee, Canada Committee, China Committee, Customs Law Committee, Europe Committee, Exports Controls and Economic Sanctions Committee, Franchising and Distribution Committee, International Antitrust Law Committee, International Commercial Dispute Resolution Committee, International Commercial Transactions, International Courts Committee, International Criminal Law Committee, International Environmental Law Committee, International Intellectual Property Rights Committee, International Litigation Committee, International M&A and Joint Venture Committee, International Procurement Committee, International Trade Committee, Islamic Law Forum, Latin America and Caribbean Committee, Law Student, LL.M. and New Lawyer Outreach Committee, Mexico Committee, Middle East Committee, Russia/Eurasia Committee, Seasoned Lawyers Interest Network, Transnational Legal Practice Committee, US Lawyers Practicing Abroad Committee, Women’s Interest Network, and the Young Lawyers Interest Network.

7:45 am - 8:45 am

Breakfast Program

Public Speaking and Oral Presentations to Americans
Ever wonder why your oral presentations to American audiences sometimes fall flat? Or do you ever simply marvel at how Americans could possibly consider Ronald Reagan a better public speaker than Winston Churchill? This brief, fun-filled, informative workshop will examine the dynamics of public speaking to American lawyers and clients — examining in detail what makes American public speech different from its counterparts in other cultures. Pick up dozens of practical tips on making presentations to American audiences; making better arguments or pitches before potential American clients, panels, tribunals, and judges; dealing with hostile or indifferent listeners or the American media; using humor and PowerPoint, and improving your voice, appearance, and delivery.

Program Chair/Speaker:
Steven Stark, Chapel Hill, NC

9:00 am - 10:30 am

Appointing the Arbitral Dream Team

Dispute Resolution/Litigation
A cross-cultural panel, consisting of arbitrators and counsel, provides you with practical tips on how to select an arbitrator. Is the dream team achievable? Are lawyer arbitrators inevitable? Are there foolproof methods of appointment? What is the role of arbitration institutions? How do arbitrators view beauty parades? All these and more will be covered in this workshop. Question-and-Answer format.

Co-Sponsoring Committee:
International Commercial Dispute Resolution Committee, International Litigation Committee

Program Chair:
Sophie Nappert (Moderator), Denton Wilde Sapte LLP, London, England

Speakers:
Henri Alvarez, Fasken Martineau DuMoulin LLP, Vancouver, British Columbia
Lawrence Shore, Herbert Smith LLP, London, England
Nudrat Majeed, Lahore, Pakistan
Irvinder Bakshi, KSB Consultants Inc., Surrey, England
Samuel Haubold, (formerly Kirkland & Ellis, Chicago, IL and New York, NY) Littleton Chambers, London, England

9:00 am - 10:30 am

Internationalization of Sports, Entertainment and Media Law

Corporate/Finance
Music, films and sporting events are distributed to millions on the internet at lightning speed. Star athletes are regularly recruited to professional teams around the globe for record sums. Marketing these professionals and advocating for their high premiums and royalties presents new challenges in today’s global climate. Distinguished panelists will speak on the latest developments affecting artists, athletes and the corporations representing them and how the legal landscape for these artists is changing throughout the globe.

Program Co-Chairs:
Jena Robinson (Moderator), Law Offices of Jenifer A. Robinson, Seattle, WA
Dimitrios Efstathiou, Allen & Overy LLP, London, England

Speakers:
Danielle Da Palma, Granrut Avocats, Paris, France
Jeffrey Mishkin, Skadden Arps, Slate, Meagher & Flom LLP, New York, NY
Wim Nan, Loyens & Loeff N.V., Amsterdam, The Netherlands
Peter McCormick, McCormicks Solicitors, Harrogate, England
Pablo Crescimbeni, Zang, Bergel & Viñes, Buenos Aires, Argentina

9:00 am - 10:30 am

Laws without Borders: Potential Pitfalls for Financial Services Providers

Regulatory Law
Corporate Counsel
Law Practice
US regulators enforce their mandates beyond their borders through an array of laws and regulations applicable to the foreign subsidiaries and affiliates of US companies. At the same time, regulators in the EU and elsewhere are expanding their own regulatory arsenals, sometimes in ways that conflict with US laws. How do these laws apply in the context of financial services businesses? Our panel will cover rules and regulations governing securities offering and investment management, anti-money laundering and anti-terrorist financing, privacy, "dual penalty" laws, and anti-corruption laws among other important topics.

Co-Sponsoring Committees:
International Corporate Counsel Committee, and Financial Products and Services Committee

Program Chair:
Richard Meade (Moderator), The Prudential Insurance Company of America, Newark, NJ

Speakers:
John M. Vasily, Debevoise & Plimpton LLP, New York, NY
Ida Levine, Capital International Limited, London, England
Peter B. Eldridge, The Prudential Insurance Company of America, Newark, NJ
Elaine Clements, JPMorgan Asset Management International, London, England

9:00 am - 10:30 am

SHOWCASE PROGRAM
Evidence Obtained by Torture/Extraordinary Renditions

Public International Law
Dispute Resolution/Litigation
This will be a round table discussion on the increasing use of evidence obtained by torture / extraordinary renditions in judicial proceedings. The panelists will discuss how intelligence obtained by torture and other forms of ill-treatment is being used, where it comes from, and the extent to which reliance can ever be placed upon such intelligence.

Co-Sponsoring Committees:
National Security Committee, International Criminal Law Committee, International Courts Committee, and Bar Human Rights Committee of England & Wales

Program Co-Chairs:
Zubair Ahmad, 2 Hare Court, London, England
Jonathan Granoff, Law Office of Jonathan G. Granoff, Bala Cynwyd, PA
Mark Muller QC (Moderator), Garden Court Chambers, London, England

Speakers:
Keir Starmer QC, Doughty Street Chambers, London, England
Jonathan Jones, Attorney General's Office, London, England
Raza Husain, Matrix Chambers, London, England
John Pavich, PSA International, Chicago, IL
Carrie Newton Lyons, Alexandria, VA

9:00 am - 10:30 am

Pathways to Employment in International Law

Young Lawyer
Law Practice
Pathways is a panel lead by prominent practitioners in all areas of international practice and representing the breadth of employers and experience. As they speak about their educational and professional backgrounds and answer questions from how they landed their first job to common pitfalls they see among current applicants, students and young lawyers can plan their career trajectories and get insight about the daily practice of a number of fields.

Co-Sponsoring Committees:
Young Lawyers Interest Network, and Law Student, L.L.M., and New Lawyer Outreach Committee

Program Chair:
Scott Mason, University of San Diego, San Diego, CA

Speakers:
Martina Barcaroli, Avocat aux Barreaux de Paris et de Rome, Consiglio Nazionale del Notariato, Paris, France
Patrick O'Malley, Interpresas Consulting, Monza, Italy
Adam B. Farlow, Allen & Overy LLP, London, England  

10:30 am - 10:45 am

Networking Break
Sponsored by: Akerman Senterfitt

10:45 am - 12:15 pm

White Collar Crime and Beyond – Enforcement Trends in the United States and the United Kingdom

Dispute Resolution/Litigation

A workshop to examine the very different approaches taken by the US and the UK to white collar crime and the enforcement of business regulation and likely trends in enforcement.

Program Co-Chairs:
Robert H. Hotz, Jr. (Speaker), Akin Gump Strauss Hauer & Feld LLP, New York, NY
Edward Sparrow (Moderator), Ashurst, London, England

Speakers:
Margaret Cole, Director of Enforcement, Financial Services Authority; London, England
Helen Mahy, Chairman GC100 and General Counsel, National Grid Transco, London, England

10:45 am - 12:15 pm

Dealing Carbon in a Climate of Uncertainty

Corporate/Finance
Regulatory Law & Public International Law
Companies, financiers, and policy-makers are adopting a variety of measures in response to climate change, prompted by mounting pressure from stakeholders and growing appreciation of opportunities to prosper in emerging carbon and clean energy finance markets. In fact, trading in carbon emissions credits tripled in value from 2005 to 2006, up to €30 billion. This panel will examine the current state of play in greenhouse gas emissions trading, including a review of related developments under the Kyoto Protocol, the European Union's Emissions Trading Scheme, and related initiatives in the Americas. Designed with the needs and interests of private and in-house practitioners in mind, the session will offer practical insight on tailoring carbon transactions to minimize risk and maximize competitive advantage.

Sponsoring Committee:
International Environmental Law Committee

Program Co-Chairs:
William L. Thomas (Moderator), Clifford Chance LLP, Washington, DC
Tomás Allende, Estudio Beccar Varela, Buenos Aires, Argentina
Keith Casto, Sedgwick, Detert, Moran & Arnold LLP, San Francisco, CA

Speakers:
Stephen Taylor, JPMorgan Chase Bank, N.A., London, England
Jacquelyn MacLennan, White & Case LLP, Brussels, Belgium
Gray Taylor, Bennett Jones LLP, Toronto, Canada
Roon Osman, Shell Trading, Clean Development Mechanism and Joint Implementation Markets, London, England

10:45 am - 12:15 pm

Money-Laundering Regulation: Keeping Gates, and Keeping Clients

Regulatory Law
Public International Law
Law Practice
International Gatekeepers: Do we represent our clients or the government?  Lawyers face yet further gatekeeping duties.  Have governments gone too far?  Why are duties heavier in some jurisdictions than in others?  Do some bars have a competitive edge?  Bar leaders, expert speakers from the US and UK, and representatives of government agencies will discuss the anti-money-laundering regime and a case study which highlights international problems faced by lawyers today.

Co-Sponsoring Committees: 
International Anti-Money Laundering Committee and International Criminal Law Committee

Program Chair:
Louise Delahunty, Simmons & Simmons, London, England

Moderator:
Andrew Mitchell QC, Furnival Chambers, London, England

Speakers:
Jim Roselle, Northern Trust, Chicago, IL
Des Hudson, Chief Executive of The Law Society, London, England
Kirsten Siddall, Serious Organized Crime Agency, London, England
Pamela Chepiga, Allen & Overy LLP, New York, NY
Stephen Revell (Invited), Freshfields Bruckhaus Deringer, London, England
Richard Lissack QC, Outer Temple Chambers, London, England

10:45 am - 12:15 pm

Buying Trouble: Avoiding Purchasing and Outsourcing Traps in Customs, Trade and Export Laws

Customs/Trade
Corporate/Finance
Corporate Counsel
Corporate outsourcing of manufacturing and services is growing rapidly. Many American and European companies have expanded their purchasing horizons to include unfamiliar suppliers and service providers in possibly unfamiliar countries. Companies new to international procurement, including companies outsourcing production and service functions previously done in-house, face a complicated array of legal questions and compliance hurdles. These range from establishing the proper customs value for imported merchandise to avoiding violations of the export control laws by the disclosure of regulated information. This seminar will provide an overview of the issues and practical advice on minimizing liability in the expanding global marketplace.

Co-Sponsoring Committees:
Customs Law Committee, International Corporate Counsel, and International Trade, Export Controls & Economic Sanctions Committee

Program Co-Chairs:
Lawrence M. Friedman (Moderator), Barnes Richardson & Colburn, Chicago, IL
Milton B. Whitfield (Speaker), Haynes and Boone, LLP, Washington, DC

Keynote Speaker:
Darryl Jackson, Assistant Secretary of Commerce for Export Enforcement, US Department of Commerce, Washington, DC

Speakers:
Paul Gray (Invited), Chairman, HM Revenue & Customs, London, England
Dalton Albrecht, Miller Thomson LLP, Toronto, Canada
Tim Hesselink, Simmons & Simmons, Rotterdam, Netherlands

10:45 am - 12:15 pm

Cross-Cultural Client Development

Young Lawyers
Law Practice
Rainmaking is in any event as much an art as a science, but finding clients in another country presents special challenges.  This program addresses the art and science of developing more clients across borders from a thoughtful, practical perspective, featuring a series of tips on successful cross-border rainmaking and other international law practice management insights.

Program Chair:
Janet H. Moore (Moderator), International Lawyer Coach, Inc., Houston, TX

Speakers:
John White, Baker Botts LLP, London, England
James Loftis, Vinson & Elkins, London, England
Susan Segal-Horn,Open University Business School, Milton Keynes, United Kingdom
José Antonio Muńoz, Arias & Muńoz, San Jose, Costa Rica

12:30 pm - 2:00 pm

Luncheon with Sir Howard Davies , Director of the London School of Economics and Political Science, formerly Chairman of the Financial Services Authority and Deputy Governor of the Bank of England

2:15 pm - 3:45 pm

Shoot-Out at the High Court — Comparative Cross Examination

Dispute Resolution/Litigation

The program begins with a discussion of the theories underlying cross-examination techniques and the controls exercised over cross-examination by judges in the United States and in England.  This will be followed by a mock cross-examination, conducted before an American and an English judge, by experienced trial lawyers from the United States and England.

Sponsoring Committee:
International Litigation Committee

Program Chair:
Robert F. Brodegaard(Moderator), Thompson & Knight, New York, NY

Speakers:
Garvin Isaacs, Garvin A. Isaacs, Inc., Oklahoma City, OK
Hon. Frederic Block, US District Court, E.D.N.Y., Brooklyn, NY
John Cooper, 25 Bedford Row Chambers, London, England
The Honourable Mr. Justice Burton, High Court of Justice, London, England

2:15 pm - 3:45 pm

SHOWCASE PROGRAM
Cross-Border M&A and Protectionism in Europe

Corporate/Finance
The profile of M&A activity in Europe has never been higher. Spain, France, Italy, Portugal and now the Netherlands have been the setting for highly controversial corporate battles followed by a wide audience. The panel will address whether economic protectionism is on the rise and how the European Commission and national governments are clashing in the EU. Under the moderation of the former EU Commissioner for Justice and Internal Affairs, we will hear from lawyers from the “abolish all barriers” camp and from the “protect our national security and consumers” camp and how those developments are seen, and the extent to which similar scenarios occur in North America. The views of the European Commission’s Competition directorate will close the session.

Co-Sponsoring Committees: 
International Mergers and Acquisitions Committee and Canada Law Committee

Program Chair:
Antonio Vitorino, Former EU Commissioner, Justice and Home Affairs, Gon Alves Pereira Castelo Branco, Lisbon, Portugal

Speakers:
Carles Esteva Mosso, Head of Unit in Directorate General for Competition, European Commission, Brussels, Belgium
Cani Fernandez, Cuatrecasas, Brussels, Belgium
Mark Katz, Davies Ward Phillips and Vineberg LLP, Toronto, ON
Marco Lamandini, La Scala & Associati, Milan, Italy

2:15 pm - 3:45 pm

Employment Discrimination in Europe – Lessons from the US Experience

Regulatory Law
Corporate Counsel
This panel will examine the legal obstacles to one of the biggest challenges facing the EU; how (and whether) to measure the integration of ethnic and racial minorities into the fabric of EU society to better enforce compliance and measure progress. EU member states are facing a crisis of integration policy, following decolonization and recent demographic shifts. By Directive, the EU has required each member state to create the equivalent of the Equal Employment Opportunity Commission (EEOC), but far from all EU member states are currently in compliance. The program will focus on current EU integration law and policy, and the powers of new EU member state anti-discrimination agencies. The panelists will discuss the lessons that EU member states can learn from 40 years of experience in the United States, in particular in the area of benchmarking compliance through the use of statistics. Can the US experience of workplace integration be a model for EU efforts, or will the different legal and cultural approaches to privacy and integration in Europe require new and different policy orientations, institutions, rules and practices?

Co-Sponsoring Committees:
Europe Committee, International Employment Law Committee, and National Security Committee

Program Chair:
Alexander Blumrosen, Bernard-Hertz-Béjot, Paris, France

Moderator:
Erika Collins, Paul Hastings Janofsky & Walker LLP, New York, NY

Speakers:
Thomas Griebe, Taylor Wessing LLP, Hamburg, Germany
Álvaro Oliveira, Legal Officer, EU Commission, Brussels, Belgium
Alfred Blumrosen, Rutgers School of Law - Newark, Newark, NJ
Christian Bayart, Allen & Overy LLP, London, England

2:15 pm - 3:45 pm

Transparency and Trade Agreements

Customs/Trade
Public International Law
In many major markets, inadequate legal and regulatory transparency continues to provide opportunities for corruption, to distort competition and to create an unpredictable business climate.  A growing number of trade agreements are beginning to address this challenge by requiring legal, regulatory and procurement transparency.  In addition to examples such as the APEC Transparency Standards and the CAFTA, the revised 1994 Agreement on Government Procurement is anticipated to attract additional adherents, notably China, to its enforceable procurement transparency rules.  Experts from the public and private sectors will address the implications for international business and for more effective use of public resources if these provisions are widely accepted and implemented.

Sponsoring Committee: 
International Trade Law Committee

Program Chair:
Nancy Z. Boswell (Moderator), Transparency International, Washington, DC

Speaker:
Grant Aldonas (Invited), Center for Strategic and International Studies, Washington, DC
Jonathan Denison Cross, United Kingdom Office of Government Commerce, Norwich, UK

2:15 pm - 3:45 pm

Deans’ Roundtable

Young Lawyers
The International Deans' Roundtable will provide a unique forum for leaders of the transnational legal profession and legal education, to share their perspectives on the education and training of transnational lawyers. This annual program will feature an interactive exchange focusing on the evolution of law school curricula, the adjustments needed for managing the changing landscape of the practice of law, and the intersection of law, business and culture in today's workplace in a structured question and answer format.

Program Chair:
Robert Lutz (Moderator), Southwestern Law School, Los Angeles, CA

Speakers:
Katharine T. Bartlett, Dean, Duke University Law School, Durham, NC
The Honorable Ronald Cass, Dean Emeritus, Boston University School of Law, Boston, MA
Professor Hugh Collins, Head of Law Department, London School of Economics and Political Science, London, England
Justice Rosolu John Bankole Thompson (Invited), Special Court for Sierra Leone, New York, NY and Acting Dean of the Sierra Leone Law School, Freetown, Sierra Leone

2:15 pm - 3:45 pm

Global Rainmaking Training (Non-CLE)

Law Practice & Young Lawyers
This program is meant to complement the earlier panel presentation on Cross-Cultural Client Development.  Do you want more clients globally, but need the tools to develop more business?  This interactive training program will teach you proven and practical techniques  to maximize your international rainmaking. Through hands-on exercises, you will learn specific steps to help you develop more clients around the globe.

Program Chair:
Janet Moore (Speaker), International Lawyer Coach, Inc., Houston, TX

Speaker:
Megan Walters, Isongo, London, England

3:45 pm - 4:00 pm

Networking Break

4:00 pm - 5:30 pm

SHOWCASE PROGRAM
Terror, the Courts and the Black Hole of Justice

Dispute Resolution/Litigation
Regulatory Law

After a wave of synchronized terrorist bombing campaigns in London and Washington for which Al Quaida claims responsibility, the British Police arrest and detain two Muslims, Mohamed and Ali, in Bradford England. Mohamed is a UK citizen but his cousin Ali is a Pakistani, born in the USA, has come to Britain on a family visit. The panel will discuss the legal and political tensions on both sides of the Atlantic when the security of the state is pitted against human rights. It will consider the justification for extended detention, contrast the procedures in the UK and US for mutual assistance, examine the problems of extradition to the US where Ali could face the death penalty, and explore the moral and legal difficulties when the police try to rely on secret intelligence and evidence obtained from a prisoner at Guantanamo. The panel will ask whether our governments can fight an effective war against terror without encroaching on our hard won liberties? 

Program Chair:
Christopher Sallon QC, Doughty Street Chambers, London, England

Speakers:
Keir Starmer QC , Doughty Street Chambers, London, England
Tom Lloyd , former Chief Constable of Cambridgeshire, Cambridge, England
Richard Norton Taylor , Security Affairs Editor of The Guardian, Manchester, UK
Professor Jay Pottenger , Nathan Baker Professor of Clinical Law, Yale University, New Haven, CT
Lord Slynn of Hadley , formerly Lord of Appeal in Ordinary and Judge of the European Court, London, England

4:00 pm - 5:30 pm

Debt Financings in Private Equity Acquisitions

Corporate/Finance
The presentation will cover selected recent developments and trends in the leveraged finance markets in the Americas, Asia and Europe, and some of the key responses or issues raised, including:
• increasing convergence in loan and bond financing structures and features, including second-lien loans/floating rate notes, “covenant lite” loans and PIK-toggle loans/notes
• synthetic, or “pre-funded”, working capital facilities
• fluid/flexible capital structures – all bond; super senior revolver; repackagings
• bridge financing – European, high-yield and co-investor equity bridge models The panel will also discuss other hot topics and key differences in and between the US and European markets.

Sponsoring Committee:
International Securities & Capital Markets Committee

Program Chair:
James A. Florack (Speaker), Davis Polk & Wardwell, New York, NY

Speakers:
Martin Thorneycroft, Morgan Stanley, London, England
Rachel Hatfield, White & Case LLP, London, England
Sovonna Day-Goins, Credit Suisse, New York, NY

4:00 pm - 5:30 pm

The International Movement of Art & Cultural Property

Customs/Trade
Public International Law
Museums around the globe confront numerous obstacles in dealing with claims made on the art works and cultural objects in their collections. In some cases, works may have been placed on loan years ago and a museum may not know the current owner or may be presented with a claim to restore the works to the lender. Museums must also safeguard the ownership rights of victims of theft, including nations whose antiquities have been illegally excavated and removed and Holocaust victims and their heirs whose art properties were stolen during World War II.  Finally, works on loan may be claimed to satisfy judgments received against the owner. In the United States, the ability of museums to remove art works from their collections through deaccessioning depends on laws that vary from state to state. The problem is more complicated in countries where museums are prohibited by law to remove any works from their collections.  This panel will address issues of deaccessioning, long-term loans, and return guarantees for works on international loan and consider policies that may lead to greater cooperation in this complicated area of international law.

Co-Sponsoring Committees:
Europe Committee International Commercial Transactions, Franchising, and Distribution Committee, International Intellectual Property Committee , Information Services, Technology, and Data Protection Committee, Immigration and Naturalization Law Committee, and Financial Products and Services Committee

Program Chair:
Cristian DeFrancia, Legal Adviser, Iran - United States Claims Tribunal, The Hague, Netherlands

Moderator:
Ricardo A. St. Hilaire, Chief Prosecutor, Grafton County, Concord, New Hampshire

Speakers:
Lawrence M. Shindell, Chairman and Chief Executive Officer, ARIS Corporation, Milwaukee, WI
Norman Palmer, Rowe & Maw Professor of Commercial Law, Faculty of Laws, University College, London, England
Patty Gerstenblith, Professor, DePaul University College of Law, Chicago, IL
Bonnie Czegledi, Founder, Czegledi Art Law, Toronto, Canada 

4:00 pm - 5:30 pm

Starting Out as an Arbitrator

Young Lawyers
Dispute Resolution/Litigation
Law Practice
This program is aimed at young aspirant arbitrators, who wish to start getting appointments and who want to know what to do when they get them.  It will address why to appoint young lawyers, the choice (and sometimes conflict) between experience and availability, how to gain the confidence and respect of the arbitral community and how to get the basics right, among other important questions.

Program Chair:
Lord David Hacking, Littleton Chambers, London, England

Moderator:
Stephen Jagusch, Allen & Overy LLP, London, England

Speakers:
Dr. Torsten Lörcher, CMS Hasche Sigle, Cologne, Germany
Juliet Blanch, McDermott Will & Emery, London, England
Klaus Reichert, Brick Court, London, England and The Bar Council, The Law Library of Ireland, Dublin, Ireland
Philippe Pinsolle, Shearman & Sterling LLP, Paris, France

4:00 pm - 5:30 pm

International Family Law for the Globetrotting Executive

Corporate Counsel
Corporate/Finance
Law Practice
Complex international family law issues are an occupational hazard for globetrotting executives.  International travel is great for business and pleasure, but terrible for marital stability.  A globetrotter’s legal adviser is expected to have hard data and brilliant strategic advice at the ready, but in the real world accurate information and useful “big picture” advice is hard to find.  In this fast-moving program, some of the world’s leading experts on international family law will provide practical, useful and straightforward advice concerning: international prenuptial agreements; strategic international divorce planning; international divorce jurisdiction; which law governs the international divorce: and international child custody and international child abduction.  TV and news clips of “big cases” will introduce key topics.  The program will conclude with “An International Family Lawyer’s Top Tips for the Globetrotting Executive.”

Sponsoring Committee:
International Family Law Committee

Program Chair:
Jeremy D. Morley (Moderator), International Family Law Office, New York, NY

Speakers:
Anne-Marie Hutchinson, Dawson Cornwell, London, England
Suzanne Kingston, Dawsons LLP, London, England
Anna Chapman, Ernst & Young LLP, London, England

6:00 pm - 7:00 pm

Royal Courts of Justice - Permanent Exhibition Visit
SOLD OUT - Sponsored by: Maitland Chambers

(Please note that this program was limited to the first 100 Fall Meeting Registrants to register. No onsite tickets will be available.)

7:00 pm - 10:30 pm

Reception and Dinner at Middle Temple (Black tie optional) Principal Speaker: The Rt. Hon. The Lord Falconer of Thoroton QC, formerly The Lord Chancellor and Secretary of State for Constitutional Affairs

FRIDAY, OCTOBER 5
7:30 am - 5:00 pm

Registration

7:45 am - 8:45 am

Committee Breakfasts
Committee business meetings are open to all participants.  They provide a great opportunity to meet the leaders in the fields covered by the committees, learn about committee plans for the year and become active in committee work.

Committees participating at the Friday Breakfast are the Aerospace & Defense Industries Committee, Anti-Corruption Initiatives & Compliance Issues Committee, Foreign Legal Consultant Committee, Immigration and Naturalization Committee, Information Services, Technology and Data Protection Committee, International Accounting Standards Subcommittee, International Anti-Money Laundering, International Corporate Counsel Forum, International Employment Law Committee, International Energy and Natural Resources Committee, International Family Law Committee, International Financial Products and Services Committee, International Health Law Committee, International Human Rights Committee, International Investment and Development Committee, International Law Practice Management Forum, International Private Client Committee, International Judicial Affairs Committee, International Securities and Capital Markets Committee, International Tax Committee, International Transportation Committee, Law of the Sea Committee, National Security Committee, Private International Law Coordinating Committee, UN and International Institutions Coordinating Committee, and the Working Group of Corporate Social Responsibility.

9:00 am - 10:30 am

Follow the Money: International Asset Tracing

Dispute Resolution/Litigation
Law Practice

Sponsoring Committee:
International Litigation Committee

Program Chair:
Robert F. Brodegaard (Moderator), Thompson & Knight, New York, NY Co-

Moderator:
Guy S. Lipe, Vinson & Elkins LLP, Houston, TX

Speakers:
Christa Band (Invited), Herbert Smith LLP, London, England
Philip K. Kleckner, RosenfarbWinters, LLC, Roseland, NJ
Ron J. Warmington, GE Capital Global Consumer Finance Limited, London, England
Geraldine Andrews QC, Essex Court Chambers, London, England
Steven M. Richman, Duane Morris LLP, Hamilton, NJ

9:00 am - 10:30 am

Managing the Antitrust Risk in International M&A Transactions

Regulatory Law
This program will provide outside counsel and in-house perspectives from Europe, Canada and the US on matters such as: scoping the big picture issues in friendly and unsolicited international mergers; coordinating with foreign counsel; what information to provide to the antitrust agencies; what to expect from the agencies; timing considerations; classic/novel tactics of targets and how to deal with them; the importance of planning for the unexpected; how to get on a level playing field with rival bidders; when and how public relations and government relations initiatives can help and hurt; when and how to deal with customers; and what to expect from competitors.

Sponsoring Committee:
International Antitrust Committee

Program Co-Chairs:
Paul Crampton (Moderator), Osler, Hoskin & Harcourt LLP, Toronto, Canada
Milos Barutciski (Speaker), Bennett Jones LLP, Toronto, Canada
Susanne Zuehlke (Speaker), Latham & Watkins LLP, Brussels, Belgium

Speakers:
Michael H. Byowitz, Wachtell, Lipton, Rosen & Katz, New York, NY
Anne van Ysendyck, Arcelor Mittal, London, England

9:00 am - 10:30 am

SHOWCASE PROGRAM
Jurisdiction over International Crimes: The Legacy of the House of Lords’ Pinochet Judgments

Public International Law
Dispute Resolution/Litigation
In March 1999, the House of Lords ruled that Senator Pinochet was not entitled to claim immunity from the jurisdiction of the English courts in relation to allegations of torture.  Judges and lawyers directly involved in the Pinochet proceedings will explore the legal and policy implications of that historic judgment, and its consequences for other cases, including those before the International Court of Justice and in domestic proceedings around the world.

Co-Sponsoring Committees:
International Criminal Law Committee, International Courts Committee

Program Chair:
The Hon. Marilyn Kaman (Moderator), State of Minnesota District Court, 4th Judicial District, Minneapolis, MN

Speakers:
The Rt. Hon. Lord David Hope of Craighead, Lord of Appeal in Ordinary: in House of Lords Judicial Committee which gave the final judgement in the Pinochet extradition proceedings, Edinburgh, Scotland
Clive Nicholls QC, Master of the Bench of Gray’s Inn: represented Pinochet in House of Lords extradition proceedings, London, England
Philippe Sands, Professor of  Law, University College London and  Barrister, Matrix Chambers, London, England

9:00 am - 10:30 am

Cross-Border Regulation of Hedge Funds

Corporate/Finance
The growth in importance of hedge funds and private equity pools has signaled a fundamental shift in international capital markets. Current unsettled market conditions have focused new scrutiny on their activities and the regulatory concerns in the US, the EU, and elsewhere. Consequently, regulation of hedge funds and their advisers has been a major issue originally in the United States, but increasingly in other jurisdictions. The SEC has recently adopted a rule under the Investment Advisers Act clarifying the application of the antifraud provisions of that Act to unregistered investment advisers. This panel, featuring former regulators, practitioners and industry representatives, will focus on issues of relevance to practitioners in many jurisdictions.

Sponsoring Committee:
International Securities & Capital Markets Committee

Program Chair:
Meyer Eisenberg (Moderator), Former Deputy Gen. Counsel and Acting Dir. of the Div. of Investment Management, SEC, Washington, DC, Senior Research Scholar, Columbia University School of Law, New York, NY, Visiting Professor of Law, Williamette University, Salem Oregon

Speakers:
Gay Evans, President, Tribeca Global Management (Europe) Ltd, London, England
Michael Robinson, Millennium Partners, London, England
Reid Feldman, Kramer Levin Naftalis & Frankel LLP, Paris, France
Giovanni Prezioso, former General Counsel of the SEC, Cleary Gottlieb, Washington, DC

10:30 am - 10:45 am

Networking Break
10:45 am - 12:15 pm

SHOWCASE PROGRAM
Lessons Learned From A Lifetime Of Resolving International Disputes: A Conversation With Several Prominent Arbitrators

Dispute Resolution/Litigation
Ralph Waldo Emerson once observed: “The years teach much which the days never knew.” This Showcase Program will capitalize on the many years of experience of our outstanding panelists to reveal lessons that they have learned during their long and distinguished careers. Using a roundtable format, our speakers will address a host of personal, professional and practical issues, including how they first got started as arbitrators and have progressed to the top of their field; what have been their greatest challenges and achievements; their recollections of the funniest moments in their cases; the best and worst advocacy they have witnessed; the most difficult ethical dilemmas they have encountered; their views on the current state of arbitration and the future of international dispute resolution; and their insights into the thought processes of arbitrators, including their views on the value of achieving consensus in decision-making. This program should provide a rare opportunity for the audience to witness and inspire an interchange amongst several leading members of the international arbitral community.

Program Chair:
Kenneth B. Reisenfeld (Moderator), Former Chair, ABA Section of International Law, Haynes and Boone, LLP, Washington, DC

Speakers:
The Honorable Charles N. Brower, 20 Essex Street Chambers, London, England
Professor Catherine Kessedjian, The University of Paris II (Panthéon-Assas), Paris, France
Professor Dr. Albert Jan van den Berg, Hanotiau & van den Berg, Brussels, Belgium
V.V. Veeder QC, Essex Court Chambers, London, England

10:45 am - 12:15 pm

EU Antitrust Litigation — Mouse or Mountain?

Regulatory Law
Dispute Resolution/Litigation
This year will see the publication of the European Commission’s White Paper proposing ways to increase the level of antitrust damages litigation in the EU. Emil Paulis, who is in charge of the project, will outline the European Commission’s preferred options and how it intends to progress intended reforms. Nicholas Green QC will discuss the state of play in the UK, which is in the forefront of developments in antitrust litigation in the EU. Those two keynote speakers will be supported by a small panel of EU practitioners drawn from EU Member States where antitrust litigation is already developing. The roundtable will discuss the EU’s proposals and access the likelihood of their success in increasing the level of EU antitrust damages actions.

Co-Sponsoring Committees:
International Litigation Committee, International Antitrust Law Committee

Program Co-Chairs:
John Cook (Speaker), O'Melveny & Myers LLP, Brussels, Belgium
David Beddow, O'Melveny & Myers LLP, Washington, DC

Speakers:
Emil Paulis, Director, EC Competition Directorate, London, England
Nicholas Green QC, Brick Court, London, England

10:45 am - 12:15 pm

New Voices in International Law:  Perspectives on Extraordinary Renditions

Public International Law
Young Lawyers

This program will feature young lawyers who will present short papers on public international law as it relates to extraordinary renditions, followed by a discussion of the “new viewpoints” the lawyers have presented.  The program will provide a chance for new viewpoints on international law to be presented by lawyers who have not practiced for extended periods and whose perspectives on international law may be different from seasoned practitioners and academics.

Co-Sponsoring Committees:
Young Lawyers Interest Network and Law Student, L.L.M., New Lawyer Outreach Committee, and National Security Committee

Program Chair:
Carrie Newton Lyons (Speaker), National Security Committee, Alexandria, VA

Moderator:
Demetrios A. Eleftheriou (Invited), American Express/GCO, New York, NY

Speakers:
Anisseh Van Engeland Nourai, Paris, France
Aline Usanase, Counsel of Europe, Strasbourg, France
10:45 am - 12:15 pm

Bar Admission in Multiple Jurisdictions: Advantages for Clients and Insights for Practitioners Building an International Practice

Law Practice
Young Lawyer
Corporate Counsel
Why be admitted to the bar in multiple jurisdictions?  The answer is played out in the practices of our 5 panelists, whose combined bar admissions in different countries total 16, with one alone being admitted in 10, while another was both the first foreign lawyer registered by The Law Society of England & Wales and co-founder of the first multinational law firm in Europe ever so designated.  Straddling two or more jurisdictions, these counselors and advocates  have their feet planted on two or more sides of the soil, or sea, saddled to take on the reins of advising and often directing — through conflicts and blind spots —  the activity of multinational firms, people and property. The ranks of these specially positioned analysts and problem solvers come equipped with unique multi-dimensionality. Come, see and hear for yourself.

Sponsored By:
Florida Bar International Law Section

Program Chair:
George CJ Moore (Moderator), Barrister, London, England; Attorney, West Palm Beach, Florida; and Barrister & Attorney, Commonwealth Caribbean

Speakers:
Per Troen, Corren Troen, London, England and Copenhagen, Denmark
Fabiano Deffenti, Carvalho, Machado, Timm & Deffenti Advogados, Porto Alegre RS, Brazil
Alison Hook, The Law Society, London, England

10:45 am - 12:15 pm

The Trouble With Subsidies: The Case of Commercial Aerospace

Customs/Trade
This program will provide an update on commercial aerospace subsidy schemes in Europe, Asia and North America, and the resulting frictions at the international level. Questions addressed will include: What activities and products are governments supporting? Through what type of fiscal interventions? Why do they say they are doing it? Are they meeting their stated goals? What are the extraterritorial effects? Are legal disciplines on subsidies (WTO etc.) having any impact, or could they have an impact in the future? Speakers will include senior government and company officials, as well as practitioner and economist/industry analyst perspectives. Among the discussion inputs will be developments, and possibly a preliminary decision, in the pending WTO litigation (US vs. EU) over subsidization of Large Civil Aircraft. This program will appeal to anyone interested in: (1) the aerospace sector istelf; (2) any other economic sector where subsidy control is important; and (3) trade relations generally and the World Trade Organization.

Sponsoring Committee:
Aerospace & Defense Industries Committee

Program Chair:
John Magnus, Tradewins LLC, Washington, DC

Speakers:
Malcolm Scott, Director for Aerospace, Marine and Defense, London, England

10:45 am - 12:15 pm

They Came, They Saw, They Bought: Outbound Investments by Russian, Indian, and Chinese Companies

Corporate/Finance
Russian, Indian, and Chinese companies are expanding their outbound investment activities, finding willing partners and targets in Western Europe, the United States, and elsewhere. Some of this investment activity is geared to making money, while other investments

appear to be founded upon a national strategic vision.  How do the Russian, Indian, and Chinese governments support this activity?  How have local governments reacted?  What are the hot sectors for Russian, Indian, and Chinese investment, now and in the future?

Co-Sponsoring Committees:
China Committee, Asia/Pacific Committee, Russia/Eurasia Committee, International Trade Committee, Europe Committee, and International Investment & Development Committee

Program Co-Chairs:
Bruce W. Bean (Speaker), Michigan State University College of Law, East Lansing, MI
Michael E. Burke (Moderator), Williams Mullen, Washington, DC

Speakers:
Zhang Yi, King & Wood LLP, Beijing, China
Dinesh Mathur, Mathur and Associates, New Dehli, India
Mélida Hodgson, Miller & Chevalier Chartered, Washington, DC

12:30 pm - 2:00 pm

Luncheon with Judge Rosalyn Higgins President of The International Court of Justice – change to “Rosalyn Higgins, President of the International Court of Justice”
2:15 pm - 3:45 pm

Arbitrator Conflicts
Dispute Resolution/Litigation

Challenging a sitting arbitrator can be one of the most fateful decisions an arbitral party can make. Despite the promulgation of various guidelines on conflicts of interest, the standards for arbitrator conflicts remain hard to define. This panel will begin by examining the arbitrator interview process in light of the new Chartered Institute of Arbitrators' Guideline on the Interviewing of Prospective Arbitrators. How does a party reach the desired level of comfort with a prospective arbitrator without creating a basis for challenge? The panel will then explore other practical considerations relating to arbitrator conflicts: among other things, when should a party challenge an arbitrator? How might the challenged arbitrator react? And what should the other arbitrators do?

Sponsoring Committee:
International Commercial Disputes Resolution Committee

Program Chair:
Mark S. McNeill (Moderator), Shearman & Sterling LLP, Paris, France

Speakers:
Peter Rees, Debevoise & Plimpton LLP, London, England
Albert Jan van den Berg, Hanotiau & van den Berg, Brussels, Belgium
Andrea J. Menaker, Chief of the NAFTA Arbitration Division for the U.S. Department of State, Washington, DC
Steven P. Finizio, WilmerHale, London, England
Jonathan Sutcliffe, Fulbright & Jaworski LLP, London, England
Heiner Nedden, Counsel to the ICC Court of Arbitration, The Hague, Netherlands

2:15 pm - 3:45 pm

International Labor Unions and Global Corporate Campaigns

Corporate/Finance
Regulatory Law/ Public International Law
Corporate Counsel
This program brings together international labor scholars, world labor union federation leaders, and experienced, knowledgeable corporate representatives for a "no holds barred" discussion of recent labor and NGO initiatives to promote the future of global unions through strategic, comprehensive cross-border campaigns to achieve union organizing, collective bargaining, and social objectives in various industry sectors across the globe, and transnational corporate responses.  The discussion will examine efforts to implement core ILO international labor and employment standards and OECD Guidelines, including international framework agreements applied to global corporate operations, global governance, and labor clauses in bilateral trade agreements.  Finally, the program will unveil a report on the proceedings of the historic 2006 conference, and follow-up measures by Cornell University School of Industrial and Labor Relations, coordinated by panelist Dr. Kate Bronfenbrenner on "Global Corporations-Global Unions-Global Research-Global Campaigns", which brought together global networks of trade unionists and union scholars for global solidarity actions and sharing of strategies and information to target major multinational corporations for organizing, collective bargaining, and corporate governance. initiatives to promote the future of global coporate campaigns.  In addition, the panelists will address the latest developments in the United Steelworkers, Amicus, T&G merger which would result in the first truly global union and create the biggest concentration of union power in a generation.

Co-Sponsoring Committees:
Employment Law Committee, UN and International Institutions Committee, Corporate Counsel Committee, Working Group on Social Corporate Responsibility Committee, and Human Rights Committee

Program Co-Chairs:
Charles Engeman(Co-Moderator), Ogletree, Deakins, Nash, Smoak & Stewart, P.C., St. Thomas, USVI
Randel Johnson (Co-Moderator), U.S. Chamber of Commerce, Washington, DC

Program Co-Presenters:
Dr. Kate Bronfenbrenner, Cornell University School of Industrial & Labor Relations, Ithaca, NY
Dr. Jarol Manheim, George Washington University, Washington, DC

Speakers:
Ronald Oswald, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco & Allied Workers (IUF), Geneva, Switzerland
Joseph Drexler, International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM), Brussels, Belgium
Fiona Webster, Organization Resources Counselors, Inc. Worldwide, London, England
Harold Coxson, Ogletree Deakins/Ogletree Governmental Affairs, Inc., Washington, DC

2:15 pm - 3:45 pm

Fighting Terrorism within the Rule of Law

Public International Law
What legal paradigm should govern the conduct of governments combating acts of international terrorism?  Should the approach be that of criminal law enforcement, which was generally applied before September 2001, that of the law of armed conflict, or a new paradigm tailored to the specific challenges of the fight against terrorism today?  An ABA International Task Force struggled with these questions for two years, without reaching a consensus view.  This panel, composed in important part of Task Force members, will explore the fundamental issues surrounding one of the most urgent, and difficult, questions of our times.

Program Chair:
William H. Taft, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, DC

Speakers:
Edwin Williamson, Sullivan & Cromwell, Washington, DC
Prof. David Crane, University of Syracuse School of Law, Syracuse, NY
Philippe Sands, Professor of Law, University College London and Barrister, Matrix Chambers, London, England

2:15 pm - 3:45 pm

Culture Exports of Film, Media, Music and Art: European Union Rules on Finance, Production and Distribution of Art, Music and Film

Customs/Trade
Public International Law
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 USA 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. 

Co-Sponsoring Committees:
Europe Committee, Customs Law Committee, Intellectual Property Committee , International Antitrust Law, International Trade Committee, Information Services and Technology and Data Protection, Asia Pacific Committee, Canada Committee, Litigation, International Commercial Transactions Committee, Franchising and Distribution, International Commercial Dispute Resolution Committee

Program Chair:
Jessica Darraby (Moderator), The Art of Counsel—Counsel to the Arts, 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
Nick Mallet, Head, Commerce and Media Projects, Martineau Johnson, Solicitors, London, England
Jacqueline Hurt, Partner, Media Communications and Telecommunications, Olswang, London, England
Yannis Skulikaris, Director, European Patent Office, The Netherlands

2:15 pm - 3:45 pm

SHOWCASE PROGRAM
Lifestyle and Life Issues for the Modern Associate

Today's associates lead busy lives, and the work-life balance is often not at all in equilibrium.  What are the causes?  Is there any cure?  How much stress is too much?  What are other professions doing to deal with the problem?  Panelists include a representative of the judiciary, an investment banker, a young lawyer, a medical school dean and a legal recruiter.

Program Chairs:
Pär Remnelid, Vinge, Malmo, President of AIJA, Malmo, Sweden
Christian Lundgren, Kromann Reumert, Copenhagen, Immediate Past President of AIJA , Copenhagen, Denmark

Moderator:
Dr. Markus Zwicky, Zwicky Windlin & Partner, The International Association of Young Lawyers' (AIJA) President of the Future of the Profession Commission, Zurich, Switzerland

Speakers:
Melinda Wallman, Major, Lindsey & Africa, London, England
William Bedsworth, Associate Justice, California Fourth District Court of Appeal, San Diego, CA
Ed Hillhouse, Dean of the Medical School at the University of Leeds, Leeds, United Kingdom
Ken Costa, UBS, Chair of EMEA Investment Banking Department, London, England
Guy Morton (Invited) , Joint Senior Partner, Freshfields Bruckhaus Deringer, London, England

3:45 pm - 4:00 pm

Networking Break
4:00 pm - 5:30 pm

Coping with Cultural Differences in International Arbitration

Dispute Resolution/Litigation
The different cultural backgrounds of counsel and members of an arbitral tribunal impact on the preparation and presentation of a case and the approach of the arbitrators to the fair and efficient resolution of a dispute.  This program aims to identify some of the cultural/ethical differences which can have a significant impact on the international arbitration process and consider whether ultimately they give grounds for challenging an Award.  It will proceed on an issue by issue basis as discussed by lawyers from civil and common law backgrounds who are experienced in the conduct of disputes worldwide.

Program Chair:
Lord David Hacking, Littleton Chambers, London, England

Moderator:
Bruce Macaulay, Skadden, Arps, Slate, Meagher & Flom LLP, London, England

Speakers:
John Fellas, Hughes Hubbard & Reed LLP, New York, NY
Khawar Qureshi QC, Serle Court Chambers, London, England
Michael Hwang SC, Essex Court Chambers, London, England
Jean-Claude Najar, GE International, Paris, France
Peter J. Rees, Debevoise & Plimpton LLP, London, England

4:00 pm - 5:30 pm

Alternative Securities Markets ― A Serious Challenge?

Corporate/Finance
The international capital markets have seen a number of "alternative" investment markets gain prominence, most notably AIM. What do these markets offer? What are the implications for securities lawyers advising companies intending to float on these markets? Why are they rising to prominence as an alternative to NASDAQ or other similar types of markets?

Sponsoring Committee:
International Securities & Capital Markets Committee

Program Chair:
Daniel Bushner (Moderator), Ashurst, London, England

Speakers:
Martine Charbonnier,Head of Listings, Euronext, Paris, France
Peter Castellon, Citigroup, London, England
Graham Dallas, London Stock Exchange plc, London, England
Jacob Sayer, Libertas Capital Group plc, London, England

4:00 pm - 5:30 pm

Regulating the Reimbursement of Medicines: Rights of Patients and other Stakeholders

Regulatory
In most countries, the government determines which medicines will be reimbursed under the national healthcare system and at what price. Imagine you had a serious disease and a new cure was just approved or you worked for a small biotechnology company with hundreds of millions invested in a new cancer breakthrough, would you want to have the chance to influence your government’s reimbursement decision? A panel of healthcare law experts will discuss how governments take into account these many perspectives and whether patients, patient groups, manufacturers and other affected parties have adequate rights to be heard.

Program Chair:
Joseph J. LaRosa, Schering-Plough Corporation, Kenilworth, NJ

Speakers:
Masaru Kitamura, KitamuraLaw, Tokyo, Japan
Richard Kingham, Covington & Burling LLP, London, England
Penney Cowan, American Chronic Pain Association, Rocklin, CA
Professor Mike Drummond, Director, Centre for Health Economics (CHE) University of York, York, United Kingdom

4:00 pm - 5:30 pm

Celebrity and Social Responsibility

Public International Law

Program Chair:
Jonathan Granoff, Law Offices of Jonathan G. Granoff, Bala Cynwyd, PA

Speakers:
Celebrities to be advised

4:00 pm - 5:30 pm

Cross-Border Travel Traps:  Protecting Client Confidences at the Frontier

Customs/Trade
Young Lawyers
Law Practice
Corporate Counsel
Many business travelers are unaware that the government’s search authority at the border is practically unlimited. Sensitive information on laptop computers and in client files may be searched. This program explains the law on border searches and offers tips to international business travelers on protecting themselves and their clients' confidences when crossing international borders.

Co-Sponsoring Committees:
Customs Law Committee, International Trade Committee, International Corporate Counsel Committee, and Export Controls & Economic Sanctions Committee

Program Chair:
Lisa Crosby (Moderator), Sidley Austin LLP, Washington, DC

Speakers:
Jonathan Ashley-Norman, Gray's Inn, Three Raymond Buildings - Barristers, London, England
Donald Looper, Looper Reed & McGraw, Houston, TX

5:45 pm – 6:30 pm

Closing Ceremony featuring the Senior Lord of Appeal in Ordinary - The Rt Hon Lord Bingham of Cornhill
The International Law Section is greatly honored that Lord Bingham has agreed to give the closing address at this meeting.  Lord Bingham, formerly both Master of the Rolls and Lord Chief Justice, is one of Britain’s most distinguished jurists with a remarkable list of cases which as Counsel, and later Judge, stand to his credit.  He will be addressing the issue of the liberty of the State as it can conflict with the liberty of the individual.  This is an occasion which should not be missed!
7:00 pm – 9:00 pm

Closing Reception at The Lancaster House
 

SATURDAY, OCTOBER 6

9:00 am – 1:00 pm

Section Council Meeting
The Council is ABA International’s policy-making body, and is vested with the powers and duties necessary to identify, consider, debate and approve Section policy, including but not limited to approval of Section Reports and Recommendations to be referred to the House of Delegates for approval (Reports and Recommendations), and approval of Section co-sponsorship of Reports and Recommendations initiated by other Sections. Section Council meetings are open to all members of ABA International, and one does not need to pre-register to attend this Section Council meeting.

Module Agenda

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