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FROM THE CHAIR


Deborah Enix-Ross It was wonderful to see so many of you at the Section’s Fall Meeting at the Biltmore Hotel in Miami, November 8-11. Many thanks to the Fall Meeting Co-Chairs, Josh Markus, Tony Santos and Magda Theodate, our dedicated and hard working staff, and all the 700 Section leaders, members and colleagues who participated in our most successful Fall Meeting. We experienced three full days of top-notch programming with best in class speakers and incredible receptions at the University of Miami Lowe Art Museum, the Wolfsonian Museum and Vizcaya Mansion.

With over 60 programs in six tracks, there was something for everyone. Taking advantage of both our location and the meetings regional focus, we offered a unique panel of experts on hot topics in Collecting Latin American Art and Antiquities. Moderated by Jessica Darraby, Vice Chair of the Art & Cultural Heritage Committee, panel members included: Axel Stein, Managing Director of Sotheby’s in Miami, specializing in Latin American art; Professor Juan Martinez, Florida International University, Miami, an expert on Cuban and Latin American art and an expert witness on a famous Cuban art importation case; and Amanda Moran, Miami member of the FBI Art Theft Crime Team, active in the restitution of South American artifacts. International treaties, federal and state statutes, policies and regulations were all covered during the lively debate. The panel topic was so well received — and is so rarely covered — that it is being reprised in other venues for other organizations in 2007.

Building on the momentum of the Fall Meeting, the Section is now turning to what will soon be known as the Best Spring Meeting Ever: May 2007 in Washington, D.C. Thanks to the wealth of ideas coming from our committees, we are assembling an exciting list of programs — together with luncheons and receptions — to fill every minute of our three days together. We are also looking forward to surpassing the outstanding Miami event with the 2007 Fall Meeting, which will take place in October in London. We will soon survey the committees for programs to include at that gathering, and we are always eager to hear your ideas for interesting speakers.

If you have not had a chance to join a Section of International Law Committee, I encourage you to click here and sign on today. Remember, membership in committees is free — and you can join as many committees as you like. Not only does membership improve your opportunities to network and give you access to key developments in your field, it also helps the Section by capturing your valuable ideas and insight.

I would like to take this opportunity to wish you all the very best in the coming holiday season, which I hope will be filled with much warmth and happiness.

Until the New Year,

Deborah Enix-Ross, Section Chair


ON THE POLICY FRONT

At the 2006 Fall Meeting, the Section Council approved a recommendation relating to the foreign investment review process commonly known as “Exon-Florio” for submission to the ABA House of Delegates at the ABA Annual Meeting in August. The recommendation adopts clear standards that would apply to any legislation addressing national security review of foreign investment to assure that the limited purpose of Exon-Florio is maintained. Many thanks go to the members of the Exon-Florio Working Group: Milos Barutciski, Harry Clark, Nelson G. Dong, J. Scott Maberry, Conor Maguire, Dixon Miller, Richard Romney, Suzanne E. Spaulding, Jim Walther, and — ex officio — John Magnus and Tim Brightbill.
Also on the policy front, the Section sent comments jointly with the ABA Section of Antitrust Law to the Commission on the European Communities regarding its Draft Notice on Immunity From Fines and Reduction in Fines in Cartel Cases.

The Section’s Task Force on National Security —Terrorism continues its work on principles of national security. The Task Force, composed of representatives from the Sections of Criminal Justice and Individual Rights and Responsibilities and the Standing Committee on Law and National Security, continues its work on developing a new legal paradigm for combating acts of international terrorism which will move beyond the law enforcement paradigm used before 9/11 and the aggressive war paradigm used since then.

The Section’s new Task Force on Nuclear Nonproliferation continues to look at implementation efforts for existing ABA policy on this issue. In September 2006, the Co-Chairs testified before the House of Representatives Government Reform Committee, Subcommittee on National Security, Emerging Threats and International Relations.

Edward Krauland and Bruce Zagaris of the International Anti-Money Laundering & Professional Ethics Committee have submitted two reports on anti-money laundering compliance and professional ethics, on the recent Financial Action Task Force conference in Amsterdam, and on anti-money laundering requirements for legal professionals — an important topic for all the lawyers of the world and one on which the Section has been very active. Click here to read the preliminary and follow-up reports.

ABA INTERNATIONAL PROGRAMS
 

For updates on programming and events, visit our Section calendar on-line at www.abanet.org/intlaw/calendar/home.html .

February 9-11, 2007
ABA International Midyear Meeting
Miami , FL
Click here to register today. Please check the Section calendar in the months to come for further Midyear Meeting information.

March 3-13, 2007
International Legal Exchange (ILEX) trip to Africa
We will visit the nations of Ghana, Sierra Leone and Liberia. For additional information, please contact Christina Heid at heidc@staff.abanet.org.

March 13, 2007
The South American Legal Environment: Legal Practice, Reality and Trends in Changing Scenarios
Buenos Aires, Argentina
Mark your calendars for the first-ever South American ABA International regional meeting.

May 1-5, 2007
ABA International Spring Meeting, The Fairmont Hotel, Washington, D.C.
Mark your calendars for ABA International’s Spring Meeting May 1-5, 2007, in Washington, D.C., at the Fairmont Hotel. Our Spring Meeting Co-Chairs — Michael E. Burke, James Klotz and Lisa J. Savitt — have already been hard at work, assisted by a large and very active Planning Committee, designing a must-attend meeting not only for  ABA International members, but for the entire international legal community. The meeting will serve as an important outreach to practitioners from around the world as well as in-house counsel, academics, and officials from international institutions.  Don’t miss what we expect to be a spectacularly successful meeting. 

August 8-12, 2007
ABA Annual Meeting, San Francisco, CA

In making your plans for next summer, please make sure to put us on your calendar for the 2007 ABA/Section Retreat and Annual Meeting in San Francisco, California. A leadership retreat will take place August 8-9, and the Annual Meeting will take place August 10-12.


UPCOMING ABA INTERNATIONAL TELECONFERENCES

ABA International Divisions usually host teleconferences on Tuesdays. Contact your Division chair to suggest ideas for future events. Programs through the end of 2006 include:

Wednesday, December 6
Obtaining Discovery Abroad for Use in United States Litigation
11:30 a.m. - 1:00 p.m. Eastern
Disputes Division
Program Chair: Robert F. Brodegaard

This program will address the basics of obtaining document and deposition discovery outside of the U.S. for use in U.S. court proceedings. The topics to be covered include:

> Document discovery under the Hague Evidence Convention
> Use of foreign counsel on Hague Evidence Convention requests
> Non-Hague discovery regarding documents and depositions

Tuesday, December 12
Global IP: Making Cross-Border Arbitration Effective
11:30 a.m. - 1:00 p.m. Eastern
Disputes Division
Program Chairs: Honorable Ronald Cass & Melvyn J. Simburg

This program is intended to address and discuss the problems inherent in arbitrations involving participants from different countries, different cultures or different legal systems. In particular it will address the problems of logistics in communications and conferences, dealing with unfamiliar cultural norms without creating an appearance of bias, resolving differing and sometimes opposing attitudes toward rules of privilege, protection of confidentiality, and appropriate discovery. Finally, it will address issues of unintentional and intentional delay and appropriate sanctions.

ABA INTERNATIONAL CO-SPONSORED PROGRAMS
 

Tuesday, December 5
Antitrust Pitfalls Here and Abroad in the Exercise and Enforcement of Intellectual Property
In cooperation with the DC Bar: International Law Section
/ Antitrust and Competition Committee
12:00 pm - 2:00 pm (Please bring your lunch.)
Proskauer Rose LLP, 1001 Pennsylvania Avenue, NW, Suite 400 S, Washington, D.C.
$15.00 Section Members of Either Organization and Government and Nonprofit Employees, $20.00 Non-Section Members (of either organization), and free for Law Students.

Panelists Professor Annette Kur of the Max Planck Institute for Intellectual Property at the New York University School of Law, Dr. Thomas Hays of Lewis Silkin (London), and Willard K. Tom of Morgan Lewis & Bockius in Washington, D.C., will discuss the antitrust issues that arise in the exercise and enforcement of intellectual property, focusing on the varying standards applied to such conduct in different jurisdictions. The event will be moderated by Business Regulation Division Chair Yee Wah Chin. To Register: Print or fax the registration form, which can be found online at: www.abanet.org/intlaw/calendar/Decprogram1.doc.

Wednesday, December 13
Enforcement and Settlement Rules, Procedures and Best Practices:
A Complete View of BIS, OFAC, and DDTC
ABA Section of International Law Customs and International Trade Bar Association
In cooperation with the DC Bar, International Law Section/International Trade Committee and the International Law Forum of the Women's Bar Association of the District of Columbia
12:00 pm - 2:00 pm
Hogan & Hartson L.L.P., 555 13th Street NW (Metro Center)
$20.00 Section Members and Subscribers, $30.00 Non-Section Members, $20.00 Government and Nonprofit Employees, $5.00 Law Students

Join us for an Off-The-Record program to discuss and compare the enforcement and settlement rules, processes and procedures, as well as best practices before BIS, OFAC and DDTC. This program is particularly useful to clarify to companies and practitioners the differences and similarities between the regulations and the practices of each agency when it comes to voluntary disclosures, settlements and enforcement matters. Speakers include moderator M. Beth Peters of Hogan & Hartson L.L.P.; Barbara Hammerle, Deputy Director, OFAC; Patricia Slygh, Acting Director of the Office of Defense Trade Controls Management, DDTC; and Wendy Wysong, Deputy Assistant Secretary for Enforcement, BIS.

Wednesday, December 20
Nice Painting-Where Did You Steal It?
Sponsored by: Section of International Law, Section of Litigation, Section of Intellectual Property Law, Criminal Justice Section, ABA Journal, and ABA-CLE
1:00 — 2:00 p.m. Eastern

The market in art and collectibles is booming, but a lot of the art adorning homes and businesses in the U.S. and abroad is stolen. At a program sponsored by the International Bar Association, a representative of the London-based, Art Loss Register estimated that there are some 1,000 stolen art works since 1991 with an estimated collective value of more than $100 million, but that accounts for less than 5% of the items reported to the register as missing. Recent court decisions in the U.S. have addressed the issue, and more jurisdictions are enacting laws that cover transactions of lost or stolen art. Many experts say U.S. law is failing to keep up with other jurisdictions. In addition, more individuals and even nations are demanding the return of artworks stolen during military conflicts, and even carted off during the great eras of archeological exploration. Another twist is the increase in art forgeries. This article and teleconference will sort out these issues, which are extensive relevant to any lawyer who represents clients who collect any kind of art or collectibles, or who may do so themselves. To register online click here or Call the ABA at 800/285-2221 from 8:30 a.m. to 6:30 p.m. Eastern weekdays, beginning Monday, November 20th. CD's of the program are available to ABA members for $50.00 two weeks after the program. To order a CD call the ABA Service Center at 1-800-285-2221.


EXPANDED IPR PROGRAM
 

The Section’s intellectual property rights program has been expanded to include Brazil, Russia, India, China, Egypt,and Thailand.The program, co-sponsored with the U.S. Department of Commerce and the Coalition Against Counterfeiting and Piracy, allows U.S. small and medium-size enterprises to receive free one-hour consultations with experienced volunteer attorneys regarding the protection of its intellectual property rights. To volunteer, click here and register online.

COMMITTEES

ART & CULTURAL HERITAGE COMMITTEE CONVENES PANEL ON COLLECTING LATIN AMERICAN ART & ANTIQUITIES

The Art and Cultural Heritage Committee convened an exemplary panel of experts on hot topics of Collecting Latin American Art and Antiquities November 8, 2006, at the Annual Fall Meeting. Fall Meeting Co-Chair Magda Theodate invited Jessica Darraby, Committee Vice Chair, to moderate the panel and serve as program chair under the auspices of international public law. Ms. Darraby invited the top leaders from discrete sectors to provide a broad perspective to ABA members: Axel Stein, Managing Director of Sotheby’s in Miami, specializing in Latin American art; Professor Juan Martinez, Florida International University, Miami, an expert on Cuban and Latin American art and an expert witness on a famous Cuban art importation case; and Amanda Moran, Miami member of the FBI Art Theft Crime Team, active in the restitution of South American artifacts. International treaties, federal and state statutes, policies and regulations were all covered during the lively debate. The panel topic was so well received — and is so rarely covered —that it is being reprised in other venues for other organizations in 2007.

ABA INTERNATIONAL COMMITTEE HOME PAGES
 

Check out all of our committee home pages — not only will you find more content, you’ll find updated leadership rosters have already been posted. Recently updated home pages of particular interest include:

Africa Law Committee
Asia/Pacific Committee
China Law Committee
International Environmental Law Committee
NGO & Not-for-Profit Organizations Committee

ABA INTERNATIONAL COMMITTEE NEWSLETTERS
INTERNATIONAL FAMILY LAW COMMITTEE (AND OTHERS)
SEEKING MEMBERS TO JOIN STEERING GROUP
 

The International Family Law Committee, of the Tax, Estate and Individuals Division, is looking for interested Section members to join the steering group of the committee.  The only requirement is that one be a Section member in order to join any committee(s) of the Section.  Joining a committee means that you will be on its listserve and receive relevant information and be able, if you wish, to participate in listserve discussions of interest to the committee.  If you wish to be active in the International Family Law Committee  as part of its steering group, please contact any of its officers (found on the Section website, www.abanet.org/intlaw with a copy to Darrell Prescott at Darrell.Prescott@Bakernet.com.

If you wish to join any other committees, you can do so on-line, as well.  To be active and get on the more limited steering group listserve, you will find the proper coordinates on-line.

ESSENTIAL INTERNATIONAL BOOKS

The International Practitioner’s Deskbook Series: Trade Remedies for Global Companies discusses the most common forms of trade remedies law in the United States or in foreign companies (antidumping, countervailing duty, and safeguards) and provides guidance to corporate counsel on when and how to use such laws. The intent is to provide critical information such as the relevant agencies, contact information, general timing issues, and to focus attention on some of the key legal/economic points raised by the different types of proceedings.

This volume provides practical advice from a wide range of perspectives, gained both in private practice and government service. The volume carefully addresses issues from the standpoint of both petitioners and respondents, and therefore should be an invaluable source of practical advice to a wide range of corporate counsel.

Trade Remedies for Global Companies is the seventh book in The International Practitioner's Deskbook Series, which is comprised of practical guides to subject matters frequently encountered by international practitioners. Click here to order your copy.

PUBLICATION OPPORTUNITY
 

The International Law News is looking for additional casenotes on recent, important international cases (above the trial court level). Possible cases include Sanchez-Llamas v. Oregon, 126 S. Ct. 1669, Garb v. Republic of Poland, 440 F.3d 579 (2d Cir. 2006), or National Westminster Plc v Rabobank Nederland [2006] EWHC 2332 (Comm). Please limit your casenote to 500 words or less and submit it by email to ILN Casenotes Editor Evan Alexander, evan.alexander@wilmerhale.com. More detailed author guidelines available upon request. Authors are strongly encouraged to contact Evan Alexander prior to drafting to see if someone has already submitted a casenote on a particular case. In the extremely rare case where the ILN receives more than one write-up of the same decision, the editorial board will usually accept the earliest received and help find alternative publication venues for later submissions. Many thanks for your continued support of the ILN.

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