OVERVIEW|SPONSORS|AGENDA|REGISTRATION|EXHIBITORS|TRAVEL INFO |
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| Tuesday, April 12th | ||||||
| 3:00 PM - 6:00 PM | ||||||
| REGISTRATION OPEN | ||||||
| Wednesday, April 13th | ||||||
| 7:30 AM – 6:00 PM | ||||||
| REGISTRATION AND EXHIBITORS | ||||||
| 7:30 AM – 8:45 AM | ||||||
| OPENING BREAKFAST | ||||||
| 7:30 AM – 8:45 AM | ||||||
| LEADERSHIP BREAKFAST FOR FOREIGN BAR AND ABA LEADERS AND KEY | ||||||
| SPEAKERS (L) (BY INVITATION ONLY) | ||||||
| 7:30 AM - 9:00 AM | ||||||
| CORPORATE SOCIAL RESPONSIBILITY AND THE ROLE OF IN-HOUSE | ||||||
| COUNSEL AND EXTERNAL COUNSEL (ROL) | ||||||
| The program covers the still imprecise notion of CSR and its relationship to corporate governance, law and ethics, whether it should be voluntary or mandatory, and whether it is just a marketing tool. The panel will discuss CSR objectives (labor rights, environmental protection, and human rights), the responsibility of business (stockholders or stakeholders, the soul of the corporation, social investment and social leadership) and national and international initiatives (such as the ILO Tripartite Declaration, Global Sullivan Principles, Caux Round Table, Amnesty International Guidelines, Social Accountability 8000, OECD Guidelines for Multinational Enterprises, UN Global Compact, ICC steps to reasonable business conduct, and UN Norms on responsibility of transnational corporations). Roles of in-house and external lawyers will also be covered, concluding with recommendations. | ||||||
| Speakers: Dianna Kempe, former President, International Bar Association, Paget, Bermuda; James Roselle, Associate General Counsel, The Northern Trust Company, Chicago, IL; Peter Kinder, President, KLD Research & Analytics, Inc., Boston, MA; Phillip H. Rudolph, former Vice President, McDonald’s, Foley & Hoag LLP, Washington, DC; Elizabeth Wall, former President, ACCA; General Counsel, The European Lawyer, Shipston-on-stour, England; | ||||||
| Moderator: Ramon Mullerat, Mullerat Law Firm; Editor, Corporate Governance; former President, Council of the Bars and Law Societies of the European Union (CCBE), Barcelona, Spain (Program Chair) | ||||||
| Committee Sponsor: Working Group on Corporate Social Responsibility | ||||||
| Co-Sponsor: Section of Individual Rights and Responsibility | ||||||
| 9:00 AM – 10:30 AM | ||||||
| CONCURRENT SESSIONS | ||||||
| AROUND THE WORLD WITH THE ABA’S RULE OF LAW ACTIVITIES (ROL) | ||||||
| The Berlin Wall fell, and the ABA was there, working to support the legal reform process in Central and Eastern Europe and the former Soviet Union. Today, the ABA’s rule of law programming spans the globe, with programs in over thirty countries in Asia, Africa, Latin America, Central Europe, Eurasia, and the Middle East. At this kick-off session, leaders of the ABA’s rule of law councils and programs will describe their activities, including those in hot spots like Iraq and Sudan, discuss challenges in the emerging rule of law international development field, distinguish the ABA from other rule of law providers, and identify ways for ABA members to become involved with this work. | ||||||
| Opening Remarks: Kenneth B. Reisenfeld, Chair, ABA Section of International Law, Haynes and Boone, LLP, Washington, DC; Michael S. Greco, ABA President-Elect, Kirkpatrick & Lockhart Nicholson Graham LLP Boston, MA | ||||||
| Speakers: Timothy L. Dickinson, ABA/UNDP International Legal Resource Center (ILRC); former Chair, Section of International Law, Dickinson Landmeier LLP, Washington, DC; Bill Ide, Chair, CEELI; former President, ABA, McKenna Long & Aldridge LLP, Atlanta, GA; Armando Lacasa, Chair, ABA Latin America Law Initiative Council (LALIC), Ruden McClosky, Miami, FL; E. Christopher Johnson, Chair, ABA Africa Law Initiative Council, Vice President & General Counsel, GM North America, Detroit, MI; Carolyn B. Lamm, ABA Board of Governors Liaison to the ABA Asia Law Initiative Council, White & Case LLP, Washington, DC | ||||||
| Moderator: Talbot “Sandy” D’Alemberte, Chair, ABA Strategic Council; former President, ABA, Miami, FL | ||||||
| Program Co-Chairs: Steven E. Hendrix, Section of International Law Goal VIII Officer, U.S. Agency for International Development, Washington, DC; Robert Horowitz, ABA Professional Services Division, Washington, DC | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| Co-Sponsor: ABA Strategic Council | ||||||
| FUNDAMENTALS OF INTERNATIONAL BUSINESS TRANSACTIONS (Part I) (BL/I) | ||||||
| This is the first of a two-part program that addresses international letters of credit and the prosecution of international trade disputes, using two hypotheticals. | ||||||
| Speakers:John A. Spanogle, Jr., George Washington University Law School, Washington, DC; Robert S. Rendell, Patton Boggs LLP, Dallas, TX; James E. Byrne, George Mason University Law School, Gaithersburg, MD (Invited) | ||||||
| Moderator:Michael Wallace Gordon, University of Florida Levin College of Law, Gainesville, FL (Program Chair) | ||||||
| 10:30 AM – 10:45 AM | ||||||
| COFFEE/SODA BREAK — Sponsored by Powell Goldstein LLP | ||||||
| 10:45 AM – 12:15 PM | ||||||
| CONCURRENT SESSIONS | ||||||
| INTERNATIONAL DEVELOPMENT ORGANIZATIONS VIEW THE NEXT 10 YEARS FOR ADVANCING RULE OF LAW (ROL) | ||||||
| International development organizations are critical catalysts for legal reform. International financial institutions, bilateral donors and foundations make extremely important contributions to advancing the rule of law, legal reform and democratic consolidation. This panel will discuss trends and priorities among these organizations, and how they see the future of the rule of law and related programs in the coming years. | ||||||
| Speakers: Roberto Daniño, Vice President and General Counsel, The World Bank, Washington, DC; Aryeh Neier, President, Open Society Institute and Soros Foundations Network, New York, NY; Mark A. Garfinkel, Vice President and General Counsel, Overseas Private Investment Corporation, Washington, DC; Additional Speakers to include top executives representing the major international organizations involved in promoting the international rule of law. | ||||||
| Program Chairs: Don DeAmicis, Ropes & Gray LLP, Boston, MA; Steven E. Hendrix, Section Goal VIII Officer, U.S. Agency for International Development, Washington, DC | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| FUNDAMENTALS OF INTERNATIONAL BUSINESS TRANSACTIONS (Part II) (BL/I) |
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| This is the second of a two-part program that addresses international letters of credit and the prosecution of international trade disputes, using two hypotheticals. (See above for speaker details). | ||||||
| Speakers: Eric P. Salonen, Stewart & Stewart; former Attorney Advisor, ITC, Washington, DC; Stephen J. Powell, Director, International Trade Law Programs, University of Florida Levin College of Law; former Chief Counsel, Import Trade Administration, Gainesville, FL; Patrick Macrory, Akin, Gump, Strauss, Hauer & Feld LLP, Washington, DC | ||||||
| Moderator: Michael Wallace Gordon, University of Florida Levin College of Law, Gainesville, FL (Program Chair) | ||||||
| 12:30 PM – 2:00 PM | ||||||
| LUNCHEON: THE ORIGINS OF INTERNATIONAL LAW AND ITS RELATIONSHIP TO THE RULE OF LAW (PL)(ROL) (TICKETED EVENT) with Special Guest speakers: Judge Stephen M. Schwebel, former Judge and President, International Court of Justice, and Judge Christopher Weeramantry, former Vice President Judge, International Court of Justice, Former Justice, Supreme Court of Sri Lanka. |
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| 2:15 PM - 5:15 PM | ||||||
| LALIC REGIONAL COUNCIL MEETING | ||||||
| 2:15 PM – 3:45 PM | ||||||
| CONCURRENT SESSIONS | ||||||
| PRIVATE SECTOR PERSPECTIVE ON ADVANCING THE RULE OF LAW (ROL) | ||||||
| “Trade Not Aid” is a familiar rallying cry among many developing countries and non-governmental organizations. But trade and investment are non-starters where legal frameworks are either not in place or not enforced. Global trade integration will be problematic if countries retreat from principles of democracy, human rights and the rule of law. Concerns range from independence of the judiciary, anticorruption, appropriate arbitration statutes and similar themes. This high-level panel will cover rule of law from the critical private sector perspective, identifying priority areas for reform to make trade and investment a more effective tool for global economic growth. | ||||||
| Speakers: James Orr, Executive Director, Bretton Woods Committee, Washington, DC; Steven Hayes, Corporate Council on Africa, New York, NY; Bill Reinsch, President, National Foreign Trade Council, Co-Chair, USA*Engage, Washington, DC | ||||||
| Program Chair: Steven E. Hendrix, Section of International Law Goal VIII Officer, U.S. Agency for International Development, Washington, DC | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| Co-Sponsor: The Bretton Woods Committee | ||||||
| WHAT AM I GOING TO DO NEXT? HOW TO PLAN FOR THE JOB AFTER YOUR MAIN LEGAL CAREER |
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| In today’s more mobile, frequently changing and less stable job world of law firm and corporate mergers, down-sizing and “right-sizing,” as well as earlyretirement and “buy-out” programs for government attorneys, many mid-career lawyers in their late forties as well as the boomer vanguard in their fifties approaching retirement find themselves asking “what’s next?” – whether by choice or by chance. What options do more senior, experienced international lawyers have? Rather than focusing on “how to find a mid- or late- career job,” this panel will explore various options available to lawyers at this stage of their careers, and how to plan for the transition from the legal job they may have held for many years to the next legal undertaking. | ||||||
| Speakers: Jean Berman, Executive Director, International Senior Lawyers Project, New York, NY; Dianna Kempe, former President, International Bar Association, Paget, Bermuda; Stephen J. Powell, Director, International Trade Law Program, University of Florida Levin College of Law, Gainesville, FL; Andrew Gunther, International Finance Corporation, Washington, DC | ||||||
| Moderator: Carol M. Mates, International Finance Corporation, Washington, DC (Program Co-Chair) | ||||||
| Program Co-Chair: Margaret Niles, Preston Gates & Ellis, LLP, Seattle, WA | ||||||
| Committee Sponsors: Women’s Interest Network; NGO and Not-For-Profit Organizations Committee | ||||||
| RESPONDING TO CHANGING INSTITUTIONAL MODELS IN THE INTERNATIONAL ELECTRIC POWER SECTOR (BL/I) | ||||||
| This program will present an interactive panel discussion designed to describe and contrast institutional and legal reforms that have been undertaken in countries such as Brazil, New Zealand, Canada and South Africa, in response to imperfections in the local electricity markets caused by the first generation of electricity deregulation and in an effort to forestall impending power shortages. The program will emphasize the identification and mitigation of new elements of political and investment risk for foreign investors and foreign lenders and will include presentation of the business perspective of international financial institutions such as the IFC, OPIC, IADB lending or investing in each subject country. | ||||||
| Speakers: Dr. Jose Emilio Nunes Pinto, Advogado, São Paulo, Brazil; Hon. Shane Pospisil, Assistant Deputy Minister of Energy for Province of Ontario, Toronto, Canada; Denis McNamara, Simpson Grierson, Auckland, New Zealand | ||||||
| Program Co-Chairs: Jeffrey Barnes, Fraser Milner Casgrain LLP, Toronto, Canada, and New York, NY; Herbert Glaser, Haynes and Boone, LLP, Washington, DC | ||||||
| Sponsor: International Energy & Natural Resources Law Committee | ||||||
| INTERNATIONAL MERGERS & ACQUISITIONS: THE NEED FOR ENHANCED DUE DILIGENCE WITH RESPECT TO REGULATORY COMPLIANCE (BL/I) (C) | ||||||
| This program will examine the heightened due diligence implications of recent cases, especially in the area of Foreign Corrupt Practices Act compliance, but also with respect to international regulatory compliance more generally, in recent mergers and acquisitions. FCPA cases to be discussed will include the 2004 ABB and Lockheed/Titan cases, Cardinal Health/Syncor, and Baker Hughes. The program will also address successor liability issues, as reflected in Justice Department opinions with respect to certain of these transactions and recent enforcement actions in the export control arena in which successors have been held responsible for a seller’s export control violations, even in the context of an asset purchase. | ||||||
| Speakers: Mark Mendelsohn, Deputy Chief, Fraud Division, U.S. Department of Justice, Washington, DC; Linda Thomsen, Martin J. Weinstein Deputy Director, Enforcement Division, Securities and Exchange Commission, Washington, DC; Roger Witten, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; , Willkie Farr & Gallagher, Washington, DC; Margaret Ayres, Davis Polk & Wardwell, Washington, DC (Program Co-Chair); | ||||||
| Moderator: Lucinda A. Low, Miller & Chevalier Chartered, Washington, DC (Program Co-Chair) | ||||||
| Committee Sponsor: Task Force on Standards for Corrupt Practices | ||||||
| 3:45 PM – 4:00 PM | ||||||
| COFFEE/SODA BREAK — Sponsored by McCarthy Tétrault LLP | ||||||
| 4:00 PM – 5:30 PM | ||||||
| CONCURRENT SESSIONS | ||||||
| THE HILL PERSPECTIVE ON THE RULE OF LAW AND THE FUTURE OF U.S. FOREIGN ASSISTANCE (ROL) | ||||||
| The President’s National Security Strategy cites three pillars for national security – diplomacy, defense and development. In this context, development is not only critical to world economic growth, but U.S. strategic interests. George W. Bush has nearly doubled foreign assistance over the past four years, with substantial sums destined for Iraq and Afghanistan. Main areas for investment globally have been economic development, the environment, health, education, disaster assistance and democracy. However, foreign assistance has always had its detractors and has been little understood by the public. This panel will discuss the current status, trends and future of U.S. foreign assistance, how U.S. foreign policy and national security intersect with development assistance. | ||||||
| Speakers: Hon. Jerry Weller, Member of Congress, House International Relations Committee, Joliet, IL; Hon. Jim Kolbe, Member of Congress, Chair, House Foreign Appropriations Subcommittee, Tucson, AZ | ||||||
| Moderator: Angela Ellard, Staff Director and Counsel, House of Representatives Ways and Means Trade Subcommittee, Section Legislative Liaison, Washington, DC (Program Co-Chair) | ||||||
| Program Co-Chairs: John R. Magnus, Section Policy Officer, TRADEWINS LLC; Washington, DC; Rick Leach, Section Representative, UN Economic and Social Council, Leach & Associates, Washington, DC; Steven E. Hendrix, Section of International Law Goal VIII Officer, U.S. Agency for International Development, Washington, DC | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| PATHWAYS TO EMPLOYMENT/CAREERS IN INTERNATIONAL LAW | ||||||
| Attend this lively, interesting and extremely valuable program aimed at helping students and new lawyers not only understand the practice of international law, but get the inside scoop on how best to look for, and get jobs, in this field. Great advice from those who know best: expert international lawyers from large and small firms, corporations, NGO’s and government. This program features an extended questions and answer period, and there will be ample opportunity for personalized discussions immediately following the program. Please get there early, as this program is very popular. | ||||||
| Panelists: Brian Rose, Partner, Stikeman Elliot LLP, Toronto, Canada; Deborah Enix-Ross, Vice Chair, Section of International Law, Debevoise & Plimpton LLP, New York, NY; Gabrielle Buckley, Commissioner, ABA Commission on Immigration Policy, Practice, and Pro Bono, Vedder Price, Chicago, IL; Adam Bobrow, Senior Counsel for Commercial Rule of Law, Congressional-Executive Commission on China, Washington, DC; Elizabeth Anderson, Executive Director, Central European and Eurasian Law Initiative (CEELI), Washington, DC | ||||||
| Moderator: Carrie Newton Lyons, Harvard Law School, Section Liaison to the ABA Law Student Division, Alexandria, VA | ||||||
| Program Co-Chairs: Ingrid Busson, Skadden, Arps, Slate, Meagher, and Flom LLP, Washington, DC; Jeffrey Catanzaro, Sakura Consulting, New York, NY | ||||||
| Committee Sponsor: Law Student, LLM and New Lawyer Outreach Committee | ||||||
| SWEARING IN CEREMONY: U.S. COURT OF INTERNATIONAL TRADE (CIT) AND U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT (TICKETED EVENT) | ||||||
| Meeting attendees will have the opportunity to be admitted to practice before the CIT and U.S. Court of Appeals for the Federal Circuit. Fees payable. Must be a Spring Meeting registrant to be sworn in at this session. Attendance open to guests. View CIT requirements here. | ||||||
| Program Chair: Jennifer Haworth McCandless, Sidley Austin Brown & Wood LLP, Washington, DC | ||||||
| THE FUTURE OF INTERNATIONAL PROJECT FINANCE: NEW RULES, NEW PROBLEMS, NEW FUNDING SOURCES (BL/I) (ROL) | ||||||
| This program will address important new legal and business developments in the world of international project finance and focus on practical issues for companies, governments, financial institutions, and their counsel. | ||||||
| Speakers: Selma A. Barroso, Senior Counsel, International Finance Corporation, Washington, DC; Luis Dodero, General Counsel, Multilateral Investment Guarantee Agency, Washington, DC; Francis Skrobiszewski, Manager, Millenium Markets Partnership, Booz Allen Hamilton, former Senior Vice President, Hungarian-American Enterprise Fund, McLean, VA; Peter Saba, General Counsel, U.S. Export-Import Bank, Washington, DC; Walid Labadi, Senior Counsel and Team Leader, European Bank for Reconstruction and Development, London England; Thomas M. Duvall, III, Chief Counsel, Project and Co-Financing Legal Department, World Bank, Washington, DC; Hugh Thomas, Partner, Ashurst, London, England | ||||||
| Program Co-Chairs: James R. Silkenat, Arent Fox, New York, NY; Mark A. Garfinkel, Overseas Private Investment Corporation, Washington, DC | ||||||
| Committee Sponsors: International Securities and Capital Markets Committee, International Commercial Dispute Resolution Committee, International Financial Products and Services Committee, International Investment, Development and Privatization Committee | ||||||
| CARGO SECURITY: ARE WE SAFE YET? (PL) | ||||||
| The prevention of a weapon of mass destruction from entering the United States hidden in international cargo arriving in or destined for the United States is the primary mission of the new Bureau of Customs and Border Protection. The statutory basis for the far-reaching changes in CBP security policies have yet to be fully explored. In this program, we will look at the legal foundations for the interdiction of weapons of mass destruction. This program will focus on the legal base, both for U.S. law and international treaties, Customs has used in implementing changes in examining such cargo, as well as persons, and how successful Customs has been in fulfilling its mission. | ||||||
| Speakers: David Jones, Director, Corporate Security, Tommy Hilfiger, New York, NY; Aaron Gothelf, Customs Attorney, BP America Inc., Warrenville, IL; Sandra Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings; Roger Cressey, President, Good Harbor Consulting, LLC, Arlington, VA; Carol Fuchs, International Trade Counsel, Tyco International, Washington, DC; Howard Goldman, Legislative Counsel, Office of Chief Counsel, Transportation Security Administration, Washington, DC; | ||||||
| Program Chair: Peter Quinter, Becker & Poliakoff, PA, Ft. Lauderdale, FL (Program Moderator) | ||||||
| Committee Sponsors: Customs Law Committee, International Trade Committee | ||||||
| 5:30 PM – 6:30 PM | ||||||
| RECEPTION TO HONOR NEW MEMBERS/FIRST TIME ATTENDEES, OPEN TO ALL REGISTRANTS (L) — Sponsored by Davis Polk & Wardwell | ||||||
| 7:00 PM– 9:00 PM | ||||||
| OPENING RECEPTION AT THE SUPREME COURT OF THE UNITED STATES — Hosted by Justice Sandra Day O’Connor (L) (TICKETED EVENT) | ||||||
| Opening Remarks: Kenneth B. Reisenfeld, Chair, ABA Section of International Law, Haynes and Boone, LLP Washington, DC | ||||||
| Thursday, April 14th | ||||||
| 7:30 AM – 6:00 PM | ||||||
| REGISTRATION AND EXHIBITORS | ||||||
| 7:30 AM– 8:45 AM | ||||||
| COMMITTEE BREAKFAST MEETINGS (L) — Sponsored by De Brauw Blackstone Westbroek | ||||||
| Aerospace and Defense Industries Committee, International Antitrust Law Committee, Canada Committee, China Committee, International Commercial Dispute Resolution Committee, International Commercial Transactions Committee, International Criminal Law Committee, International Cultural Property Committee, Customs Law Committee, Energy and Natural Resources Committee, Europe Committee, International Environmental Law Committee, Export Controls and Economic Sanctions Committee, Financial Products and Services Committee, Foreign Legal Consultant Committee, Goal VIII Committee, Information Services and Technology Committee, International Health Law Committee, International Human Rights Committee, Immigration and Nationality Committee, International Investment and Development Committee, International Law News, Law Student LL.M., International Law Practice Management Forum, New Lawyer Outreach Committee, International Procurement Committee, Russia/Eurasia Committee, International Securities and Capital Markets Committee, TLAB, Task Force on International Standards for Corrupt Practices, International Tax Committee, International Trade Committee, Transnational Legal Practice Committee, International Transportation Committee, UNIIC, and Women’s Interest Network, Working Group on Corporate Social Responsibility | ||||||
| 9:00 AM – 10:30 AM | ||||||
| SHOWCASE PROGRAM | ||||||
| NUCLEAR WEAPONS, OUR SECURITY AND THE LAW (ROL) (PL) | ||||||
There are still over 30,000 nuclear weapons, most many times more
destructive than Hiroshima. Thousands of Russian and American weapons
remain on hair-trigger alert. This May, the UN will review the nonproliferation
legal regime, centered on the Nuclear Nonproliferation Treaty (NPT). Severe
challenges face this regime and the integrity of fulfillment of NPT commitments,
with significant implications for international confidence in multilateralism and
the rule of law. Among these issues are:
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| Speakers: Hon. Ed Markey, Member of Congress, Co-Chair, Bipartisan Task Force on Nonproliferation of the U.S. Congress, Boston, MA; Judge Christopher Weeramantry, former Vice President Judge, International Court of Justice, former Justice, Supreme Court of Sri Lanka; Admiral Stansfield Turner, USN (Ret.), former Director, U.S. Central Intelligence Agency, Washington, DC; Dan Poneman, Principal, Scowcroft Group, former staff member, U.S. National Security Council under Presidents George H.W. Bush and Clinton, Washington, DC | ||||||
| Moderator: Barry Kellman, Chair, National Security Committee, De Paul University, Chicago, IL | ||||||
| Program Chair: Jonathan Granoff, Vice Chair, National Security Committee, Law Offices of Jonathan Granoff, Bala Cynwyd, PA | ||||||
| Committee Sponsor: National Security Committee, UN and International Institutions Coordinating Committee | ||||||
| SHOWCASE PROGRAM | ||||||
| INTERNATIONAL LITIGATION: A USER’S MANUAL (DR) | ||||||
| A Showcase inspired by the Section’s new publication, The International Litigation Manual, this program will consider strategic and practical aspects of complex transborder disputes. A panel composed of top practitioners who authored chapters for The Manual will share their secrets and strategies for understanding and overcoming the complexities of transnational litigation. Topics covered will include basic differences between Common law and Civil law proceedings, provisional measures, common defensive maneuvers, taking evidence abroad, and the use of the arbitration alternative. | ||||||
| Speakers: Glenn P. Hendrix, Arnall Golden Gregory LLP, Atlanta, GA; Carolyn B. Lamm, White & Case LLP, Washington, DC; Kenneth B. Reisenfeld, Chair, ABA Section of International Law, Haynes and Boone, LLP, Washington, DC; Jonathan I. Blackman, Cleary Gottlieb Steen & Hamilton LLP, New York, NY; James E. Johnson, Debevoise & Plimpton LLP, New York, NY | ||||||
| Moderator: Barton Legum, Debevoise & Plimpton LLP, Paris, France (Program Chair) | ||||||
| Committee Sponsor: International Dispute Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law, International Dispute Resolution Committee | ||||||
| CONCURRENT SESSIONS | ||||||
| EMPLOYEE MOBILITY FOR MULTINATIONAL COMPANIES— EMPLOYMENT, BENEFITS, IMMIGRATION AND TAX ISSUES FOR EXECUTIVE EXPATRIATES (BL/I) (C) | ||||||
| This program will feature a panel of experts from the employment, benefits, immigration and tax fields. The speakers will analyze hypotheticals addressing global mobility issues faced by multinational companies moving personnel around the globe. The program will have a specific focus on the international legal issues that face high net-worth, well-placed business executives crossing international borders and the complex income tax, estate tax and international wealth transfer planning issues that the executive might encounter. A change of employment or place of employment can create significant repercussions for executives and this panel will explore how such a move can impact the employee’s fiscal and legal status and what pre-move planning might be appropriate. A key focus will be upon the types of compensation and benefits that the executive might receive, including wages, deferred compensation, pensions, stock options, and fringe benefits and the role that a tax equalization agreement might play. | ||||||
| Speakers: Thomas Griebe, Taylor Wessing, Hamburg, Germany; Leslie Powell, Davenport Lyons, London, England; Alison Wright, Trucker Huss APC, San Francisco, CA; Clare Maurice, Allen & Overy LLP, London, England | ||||||
| Moderators: Erika Collins, Paul, Hastings, Janofsky & Walker LLP, New York, NY (Program Co-Chair); Stanley Barg, Duane Morris LLP, Philadelphia, PA | ||||||
| Program Co-Chair: Paul A. Sczudlo, Co-Chair, International Private Client Committee, Loeb & Loeb LLP, Los Angeles, CA | ||||||
| Committee Sponsors: International Employment Law Committee, International Private Client Committee | ||||||
| EU LEGAL DEVELOPMENTS: WHAT DO THEY MEAN? (BL/I) | ||||||
| This program will bring the audience up to speed on the latest legal and business developments in the EU and the impact they will have on companies and clients. Using a roundtable format, the presenters will discuss current developments in the following areas: EU expansion and development of the federal framework; administrative law and the changing roles of key institutions such as the EU Parliament and the EU Commission; competition law; data protection; regulation of the employment relationship; corporate governance; and transnational practice. The speakers will also provide their views on the future of U.S.- EU trade relationship in light of the outcome of the U.S. elections in 2004. | ||||||
| Speakers: N. Jansen Calamita, Professor, George Mason University, and Office of the Legal Adviser, Department of State, Washington, DC; John Faylor, Mayer, Brown, Rowe & Maw LLP, Frankfurt, Germany; Eleanor Kinney, Professor, Indiana University, Indianapolis, IN; Chris Mesnooh, Hughes Hubbard & Reed LLP, Paris, France; Richard Alan Silberstein, Gómez-Acebo & Pombo, Barcelona, Spain (Program Chair) | ||||||
| Committee Sponsor: Europe Committee | ||||||
| Co-Sponsor: ABA Section of Administrative Law and Regulatory Practice | ||||||
| 9:00 AM – 12:00 PM | ||||||
| STRATEGIC COUNCIL MEETING (L) | ||||||
| 10:30 AM – 10:45 AM | ||||||
| COFFEE BREAK — Sponsored by Stikeman Elliott LLP | ||||||
| 10:45 AM – 12:15 PM | ||||||
| SHOWCASE PROGRAM | ||||||
| ECONOMIC SANCTIONS IN THE 21ST CENTURY (BL/I) (C) (T) | ||||||
| The United States has imposed economic sanctions to further national security and foreign policy goals for over 200 years. In light of recent sanctions events, including problems with the UN Oil-for-Food program in connection with multilateral sanctions on Iraq, the lifting of UN and U.S. sanctions against Libya, new sanctions imposed on Syria, the expanding circle of sanctions in the war on terrorism, and tightening sanctions on Cuba, this program will take a fresh look at U.S. and multilateral sanctions policy. The panel of speakers will address whether and under what conditions economic sanctions work and what makes them fail; is the concept of “targeted sanctions” viable; are all the costs of sanctions being adequately examined in the policy process; has the sanctions aspects of the war on terrorism informed our judgment on what are “effective” sanctions; and what will be the shape of future sanctions programs. | ||||||
| Speakers: His Excellency Allan Rock, Ambassador and Permanent Representative of Canada to the United Nations, New York, NY; Gary C. Hufbauer, Reginald Jones Senior Fellow, Institute for International Economics, Washington, DC; Daniel O’Flaherty, Executive Vice President, National Foreign Trade Council, Washington, DC; Stuart E. Eizenstat, Covington & Burling; former Deputy Secretary of the Treasury; former Under Secretary of Commerce for International Trade, Washington, DC; Peter Lichtenbaum, Acting Under Secretary of Commerce, US Department of Commerce, Washington, DC; Earl Anthony Wayne, Assistant Secretary of State, US Department of State | ||||||
| Program Co-Chairs: Kenneth B. Reisenfeld, Chair, ABA Section of International Law, Haynes and Boone, LLP, Washington, DC; Scott Maberry, Chair, Committee on Export Controls & Economic Sanctions, Fulbright & Jaworski, LLP, Washington, DC | ||||||
| Committee Sponsors: Export Controls & Economic Sanctions Committee, International Trade Committee | ||||||
| CONCURRENT SESSIONS | ||||||
| PROTECTING IP AGAINST ANTITRUST INCURSIONS: REFUSALS TO DEAL, STANDARD SETTING, AND OTHER DEVELOPMENTS (BL/I) | ||||||
This program will highlight and discuss issues at the interface of antitrust and IP that will be relevant to competition law, IP law, and international business law generally. The panel would address a number of current issues that are important in the U.S., the EU, and in Japanese competition law, including:
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| Speakers: Mary L. Azcuenaga, Heller Ehrman White & McAuliffe LLP, Washington, DC; Riccardo Celli, O’Melveny & Myers LLP, Brussels, Belgium; George Addy, Davies Ward Phillips & Vineberg LLP, Toronto, Canada; M. Howard Morse, Drinker Biddle & Reath LLP, Washington, DC; James A. Murray, Intel Corp., Santa Clara, CA | ||||||
| Program Chair: Joseph Lavelle, Howrey Simon Arnold & White LLP, Washington, DC | ||||||
| Committee Sponsor: International Antitrust Law Committee | ||||||
| Co-Sponsoring Committee: International Intellectual Property Law Committee | ||||||
| ARBITRATION IN ASIA: A COMPARATIVE REVIEW (A) (DR) | ||||||
| This program will present an analysis of the amenability and readiness of countries in Asia to permit, participate in arbitrations and enforce arbitration awards. The program will look at how arbitration works in each country, how often it is used, how efficient it is, restrictions (if any) on participation by foreign lawyers and the difficulty or ease of enforcing arbitration awards in each country. It will offer a practical examination by regional experts of arbitration law and practice in Asian venues such as China, Hong Kong, Japan, Singapore and Thailand. Panel remarks are expected to address important institutions such as CIETAC and SIAC, treaty adherence, the role of the rule of law in arbitral jurisprudence, foreign practice restrictions, effective arbitration clause drafting, and award enforcement. | ||||||
| Speakers: Kenji Hirooka, Mori, Hamada and Matsumoto, Tokyo, Japan; Fayun Chen, Jinding Partners, Jiangsu, China; Indranee Rajah, Drew & Napier, LLC, Singapore; Douglas Mancill, Deacons, Bangkok, Thailand | ||||||
| Program Chair: Qiang Bjornbak, Law Offices of Qiang Bjornbak, Los Angeles, CA | ||||||
| Committee Sponsors: China Committee, Asia/Pacific Committee | ||||||
| Co-Sponsoring Committee: International Dispute Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law International Dispute Resolution Committee | ||||||
| THE WESTERN HEMISPHERE’S AGENDA FOR GOOD DEMOCRATIC GOVERNANCE: THE SUMMIT OF THE AMERICAS, THE COMMUNITY OF DEMOCRACIES, THE GLOBAL FORUM AGAINST CORRUPTION, AND THE ORGANIZATION OF AMERICAN STATES (R0L) (T) | ||||||
| The thirty-four democratic leaders in the Western Hemisphere have met four times since 1994, most recently in January 2004 at the Special Summit of the Americas in Monterrey, Mexico. Argentina will host the Fourth Summit of the Americas in November 2005. The leaders’ agenda includes significant commitments related to promoting democracy, making democratic institutions work better, combating corruption, increasing transparency, and strengthening the rule of law. The Summit process, which includes inter-Summit ministerial and technical meetings and draws on the expertise in a wide range of international organizations, plays a key role in establishing a common set of commitments related to good democratic governance, provides a mechanism to hold governments accountable, and increases dialogue among governments, the private sector and civil society organizations. | ||||||
| Speakers: Ambassador John Maisto, U.S. Ambassador to the OAS and Summit of the Americas, Coordinator, Bureau of Western Hemisphere Affairs; Nancy Zucker Boswell, Managing Director, Transparency International, Washington, DC; Boris Kozolchyk, Director, National Law Center for Inter-American Free Trade (NLCIFT), Tucson, AZ; William Berenson, Director of the Department of Legal Affairs and Services and General Counsel, OAS, Washington, DC | ||||||
| Moderator: Janis Brennan, Foley Hoag LLP, Washington, DC | ||||||
| Program Co-Chairs: Stephen M. Liston, U.S. Department of State, Washington, DC; Steven E. Hendrix, Section of International Law Goal VIII Officer, U.S. Agency for International Development, Washington, DC | ||||||
| Committee Sponsors: Goal VIII Committee, Latin America and Caribbean Law Committee | ||||||
| Co-Sponsors: ABA Latin America Law Initiatives Council (LALIC), Organization of American States (OAS), Transparency International | ||||||
| 12:30 PM – 2:00 PM | ||||||
| LUNCHEON: PERSPECTIVES ON INTELLIGENCE AND NATIONAL SECURITY (PL) — Sponsored by Blake, Cassels & Graydon LLP (TICKETED EVENT) | ||||||
| Jamie S. Gorelick, Member 9/11 Commission, Wilmer Cutler Pickering Hale and Dorr LLP, and Admiral Stansfield Turner, USN (Ret.), Former Director, CIA | ||||||
| 2:15 PM – 3:45 PM | ||||||
| SHOWCASE PROGRAM | ||||||
| THE ICJ’S ADVISORY COMPETENCE AND THE PALESTINIAN-ISRAELI CONFLICT: LEGALITY OF THE CONSTRUCTION OF A WALL IN THE OCCUPIED PALESTINIAN TERRITORY (PL) | ||||||
| This program will explore the nature and consequences of the ICJ’s July 2004 advisory opinion that held that the construction of the wall being built by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, are contrary to international law. The panel will address the Wall opinion, the utility and legitimacy of the Court’s involvement in the Palestinian-Israeli conflict, the legal and prudential scope of the Court’s advisory jurisdiction, and what these inform us of the Court’s role in international dispute resolution in the 21st century. | ||||||
| Speakers: Pieter Bekker, Senior Counsel for Palestine before the ICJ, New York, NY; Tal Becker, Legal Adviser to Israel’s UN Mission, New York, NY; Mahmoud Hmoud, First Secretary and Legal Advisor to Jordan’s UN Mission, New York, NY; Geoffrey R. Watson, Catholic University Law School, Washington, DC | ||||||
| Moderator: Judge Stephen M. Schwebel, former Judge and President, International Court of Justice, Washington, DC | ||||||
| Program Co-Chairs: Nancy Combs, Iran U.S. Claims Tribunal, The Hague, The Netherlands; Mark B. Rees, U.S. International Trade Commission, Washington, DC | ||||||
| Committee Sponsor: International Courts Committee | ||||||
| Co-Sponsoring Committees: International Human Rights Committee, UN and International Institutions Coordinating Committee, National Security Committee, Middle East Committee | ||||||
| CONCURRENT SESSIONS | ||||||
| RECENT DEVELOPMENTS IN INTERNATIONAL LITIGATION AND ARBITRATION (Part I: Roundtable on Private International Law Projects Affecting the Transnational Practitioner) (DR) | ||||||
| The first part of a two-program sequence, this panel of top experts will consider significant current developments in private international law likely to affect business planning and dispute resolution, including the Hague Conference’s Choice of Court Convention, recent work on the evidence and service conventions, and the current work concerning enforcement of judgments underway at the American Law Institute and the National Conference of Commissioners on Uniform State Laws. Related U.S. and European Court of Justice decisions will also be discussed. | ||||||
| Speakers: Jeff Kovar, Assistant Legal Advisor for Private International Law, Department of State, U.S. delegation to the Hague Conference, Washington, DC; Glenn P. Hendrix, Arnall Golden Gregory LLP, Atlanta, GA; Professor Linda Silberman, New York University, New York, NY; Christophe Bernasconi, First Secretary Hague Conference on Private International Law, The Hague, The Netherlands | ||||||
| Moderator: Professor Louise Ellen Teitz, Roger Williams University School of Law, Bristol, RI | ||||||
| Committee Sponsor: International Dispute Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law International Dispute Resolution Committee | ||||||
| FIFTH ANNUAL LAW SCHOOL DEANS/PRACTITIONERS ROUNDTABLE – TEACHING AND TRAINING LAWYERS FOR ASIAN PRACTICE: A PARADIGM FOR FUTURE LEGAL EDUCATION? (A) | ||||||
| This Fifth Annual Roundtable features international law practitioners with active Asian practices discussing with major legal educators the education and training necessary to respond to the needs of business and legal practice in Asia. The practitioners will set out the practice criteria and the law school deans will discuss them in terms of legal education approaches that can be employed to produce law school graduates who can work effectively in Asian cultures and employ Western practice norms. | ||||||
| Speakers: Robert J. Reinstein, Dean, Temple University James E. Beasley School of Law, Philadelphia, PA; Mary C. Daly, Dean, St. John's University School of Law, New York, NY; Ying Z.White, The World Bank, Counsel, Finance, Co-Chair, ABA China Committee, Wahsington, D.C.; Sara Sandford, Garvey Schubert Barer, Seattle, WA; Amy L. Sommers, Squire Sanders & Dempsey LLP, Shanghai, China; Steven C. Nelson, Dorsey & Whitney LLP, Hong Kong; Frederic White, Dean, Golden Gate University School of Law, San Francisco, CA; Harold J. Krent, Dean, Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, IL | ||||||
| Moderators: Claudio M. Grossman, Dean, American University Washington College of Law, Washington, DC (Program Co-Chair); Robert E. Lutz, Southwestern University School of Law, Los Angeles, CA (Program Co-Chair); Aaron Schildhaus, Law Offices of Aaron Schildhaus, Washington, DC (Program Co-Chair) | ||||||
| Committee Sponsors: Law Student, LLM and New Lawyer Outreach Committee Asia/Pacific Committee China Committee | ||||||
| HOW U.S. TRADE LAWS CAN BE USED TO PROTECT VALUABLE INTELLECTUAL PROPERTY (BL/I) (T) | ||||||
| Intellectual property rights are an increasingly important component of any
company’s economic assets. With the rapid integration of national economies
through the global trading system, the protection of intellectual property rights in
international trade is becoming a paramount concern. At the same time, many
national jurisdictions continue to have weak laws or enforcement policies,
creating a significant risk of infringement and theft of valuable IP. For example,
intellectual property right protection is among the top issues for any company
considering trade and investment in China. This program will examine the various ways companies can protect their intellectual property in cross-border trade and investment, and prevent infringing products or activities from adversely affecting profitability. The panel of experts will examine the procedures and remedies available through Section 337, an important trade remedy tool that has seen a significant increase in use before the International Trade Commission. Procedures enforced by U.S. customs authorities for registering IP and denying access to deceptive and infringing products will also be examined. Also, the availability and means for achieving global discovery of information essential to protecting IP will be discussed. |
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| Speakers: Honorable Charles Bullock, Administrative Law Judge, U.S. International Trade Commission, Washington, DC; Lynn Levine, Director, Office of Unfair Import Investigations, International Trade Commission, Washington, DC; George McCray, Chief, Intellectual Property Rights Branch, U.S. Customs and Border Protection, Washington, DC; Joel Talcott, General Counsel, Ampex Corporation, Redwood City, CA | ||||||
| Moderator: Charles Schill, Steptoe & Johnson LLP, Washington, DC | ||||||
| Program Chair: Scott E. Bain, Wiley Rein & Fielding LLP, Washington, DC | ||||||
| Committee Sponsors: International Trade Committee, International Intellectual Property Committee | ||||||
| 3:45 PM – 4:00 PM | ||||||
| COFFEE/SODA BREAK — Sponsored by Salger Rechtsanwälte | ||||||
| 4:00 PM – 5:00 PM | ||||||
| 2005 Annual Meeting Planning Committee Meeting (L) | ||||||
| 4:00 PM – 5:30 PM | ||||||
| SHOWCASE PROGRAM | ||||||
| WORLD AGRICULTURAL TRADE — RULES, COMMITMENTS AND THE FUTURE: WITH A SPECIAL FOCUS ON U.S.-CHINA TRADE RELATIONS (A) (T) | ||||||
| This program will address rules and commitments under the WTO Agreement on Agriculture and recent developments in the Doha Round negotiations, with a special focus on the U.S.–China bilateral agreement on agricultural trade. The program will provide an opportunity to learn more about U.S. efforts to liberalize trade, the current status of international agricultural negotiations, recent developments in the U.S.-China trade in food and agriculture, China’s revision of its laws and regulations in light of WTO commitments, and opportunities and challenges these new regulations bring to foreign businesses. | ||||||
| Speakers: Weining Zhao, Embassy of the People’s Republic of China, Hong Kong; Ann Tutwiler, International Food & Agriculture Policy Council, Washington, DC; Ruth Jin, International Consultant, O’Melveny & Myers, LLP; The University of Tokyo, Washington, DC; Jim Grueff, Foreign Agricultural Service, U.S. Department of Agriculture, Washington, DC | ||||||
| Program Co-Chairs: Wai-ping Chan, United States Department of Agriculture, Washington, DC; Daniel B. Pickard, Wiley Rein & Fielding LLP, Washington, DC | ||||||
| Committee Sponsors: China Committee, International Trade Committee | ||||||
| 4:00 PM– 5:30 PM | ||||||
| CONCURRENT SESSIONS | ||||||
| INTERNATIONAL LEGAL ASSISTANCE AND THE ABA — LESSONS LEARNED AND “HOW TO” FOR APPROACHING LEGAL REFORM: A PRACTIONERS’ ROUNDTABLE (ROL) | ||||||
| Over the past fifteen years, the ABA has become a leader in providing technical legal assistance to emerging democracies throughout the world. Programs such as CEELI, ABA-Africa, ABA-Asia, UNDP/ILRC, LALIC, and the CEELI Institute have provided hundreds of Section members and other ABA volunteers with exciting opportunities to work on fundamental rule of law issues in transitional societies. State bars and affiliated organizations likewise have developed strong programs focusing on these issues. Alumni from such projects have developed tremendous skills in delivering assistance in these environments, making the ABA and its members leaders in the international effort to promote the rule of law. To capture, organize and increase this expertise, the Section plans to organize and sponsor an ongoing dialogue among those interested in technical legal assistance programs. Among the goals of this group will be to discuss lessons learned, identify best practices, develop training models to prepare volunteers for future assignments, and create linkages between assistance providers from around the world. This session will be an open forum on the development of such a group, soliciting ideas and developing an implementation plan for the Section’s programs in these areas. | ||||||
| Speakers: Jean C. Berman, Executive Director, International Senior Lawyers Project, New York, NY; Timothy L. Dickinson, Chair, UNDP/ILRC, former Chair, Section of International Law, Dickinson Landmeier LLP, Washington, DC (Program Co-Chair); Vernice Guthrie, Director, ABA Africa Law Initiative Council, Washington, DC; Don Wallace, former Chair, Section of International Law, Georgetown University, Washington, DC (Program Co-Chair); Kerry O'Brien, DC Employment Justice Center, Washington, DC; Marina Colby, Washington, DC | ||||||
| Moderator: Homer E. Moyer, Jr., former Chair, Section of International Law, former Chair, CEELI, Chair, CEELI Institute, Miller & Chevalier Chtd, Washington, DC (Program Co-Chair) | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| Co-Sponsor: CEELI Alumni Group | ||||||
| A SURVEY OF TRANSNATIONAL ENTERTAINMENT AND MEDIA LAW ISSUES (BL/I) | ||||||
| This program will discuss some of the most topical and difficult issues in U.S.
and international transnational media and entertainment law, providing attendees
with a comparative overview of how the law deals differently with various
challenges in Canada, the U.S., the EU and Japan. High level speakers will provide insight for lawyers and their clients about the impact of disparate legal regimes on the music, television and other cultural industries in key areas including:
|
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| Speakers: Graham Henderson, President, Canadian Recording Industry Association, Toronto, Canada; Steven Marks, General Counsel, Recording Industry Association of America, Washington, DC; Miguel Ángel Rodríguez, Gómez-Acebo & Pombo, Madrid, Spain; Stephen Zolf, Heenan Blaikie LLP, Toronto, Canada; Tomohiro Tohyama, TMI Associates, Tokyo, Japan; Kurt A. Wimmer, Covington & Burling, Washington, DC | ||||||
| Program Co-Chairs: David Steinberg, Heenan Blaikie LLP, Toronto, Canada; Jeff Sanders, Seyfarth Shaw LLP, New York, NY | ||||||
| Committee Sponsor: Canada Committee | ||||||
| Co-Sponsoring Committee: Asia/Pacific Committee; Europe Committee | ||||||
| 4:00 PM – 6:00 PM | ||||||
| RECENT DEVELOPMENTS IN INTERNATIONAL LITIGATION AND ARBITRATION (Part II: Awards Under the New York Convention–Important Issues; and Survey of Recent Jurisprudence Affecting International Litigation and Arbitration) (DR) | ||||||
| This is an extended, two-hour, two-panel program undertaken in conjunction with the earlier Roundtable on Private International Law. The main component of this session will be a panel addressing issues of importance in proceedings under the New York Arbitration Convention. After an introduction to the content and operation of the Convention’s recognition and enforcement provisions, discussion will examine the status of annulled awards (and their potential enforcement), Article III “escape hatches” (e.g., personal jurisdiction and forum non conveniens), unique problems raised by sovereign parties, and the treatment of awards issued in investor-state arbitrations. The program will conclude with a joint annual review of important developments in international litigation, arbitration and mediation, featuring speakers from the International Litigation and International Commercial Dispute Resolution Committees. | ||||||
| Speakers: Mark Friedman, Debevoise Plimpton LLP, London, England; Pierre-Yves Gunter, Python Schifferli Peter & Partners, Geneva, Switzerland; Karyl Nairn, Skadden Arps Slate Meagher & Flom LLP, London, England (Invited); Professor William (“Rusty”) Park, Boston University, Boston, MA; Ben H. Sheppard, Jr., Vinson & Elkins LLP, Houston, TX | ||||||
| Program Chair: Professor Jack Coe, Jr., Pepperdine School of Law, Malibu, CA | ||||||
| Committee Sponsor: International Commercial Dispute Resolution Committee | ||||||
| Co-Sponsor American Society of International Law International Dispute Resolution Committee | ||||||
| 6:30 PM – 8:30 PM | ||||||
| U.S. DEPARTMENT OF STATE DIPLOMATIC ROOMS RECEPTION (L) — Sponsored by Paul, Weiss, Rifkind, Wharton & Garrison LLP (TICKETED EVENT) | ||||||
| 8:30 PM – 10:00 PM | ||||||
| COMMITTEE DINNERS | ||||||
| International Antitrust Law Committee, Asia/Pacific Committee,
International Commercial Transactions Committee, Customs Law
Committee, International Employment Committee, Energy and Natural
Resources Committee, Europe Committee, Export Controls and Economic
Sanctions Committee, International Financial Products and Services
Committee, International Human Rights Committee, Immigration and
Nationality Committee, Intellectual Property Committee, International
Procurement Committee, Russia/Eurasia Committee, International
Securities and Capital Markets Committee, International Transportation
Committee, UNIIC, and Women’s Interest Network Committee. In addition to the scheduled committee business meetings on Thursday morning, this is a way for committees to meet in an informal, more social setting to discuss committee business or just to relax and get to know your fellow committee members. These dinner outings are optional, and the committee will determine payment arrangements. If you would like to participate in a committee dinner, please complete the committee dinner reservation section of the meeting registration form. |
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| Friday, April 15th | ||||||
| 7:30 AM – 6:00 PM | ||||||
| REGISTRATION AND EXHIBITORS | ||||||
| 7:45 AM – 9:15 AM | ||||||
| CONTINENTAL BREAKFAST | ||||||
| 7:45 AM – 9:15 AM | ||||||
| DIVISIONAL BUSINESS MEETINGS WITH AN IBA WELCOME CONTINENTAL BREAKFAST (L) | ||||||
| 7:45 AM – 9:15 AM | ||||||
| COMMITTEE BREAKFAST PROGRAM | ||||||
| BREAKFAST AT THE BAR: TRADE AND DEVELOPMENT IN AFGHANISTAN (T) (ROL) | ||||||
| In the wake of the ouster of the Taliban, successful Presidential elections, the end of a 4-year drought and over $2 billion in international assistance, Afghanistan’s economic outlook has improved significantly. What continuing economic reforms are in Afghanistan’s future, and what are the prospects for trade in the near future? Will increased political stability and continued international commitment to Afghan reconstruction create an optimistic outlook for improvements to the Afghan economy? Discuss these issues and more with Mariam A. Nawabi of the Embassy of Afghanistan. | ||||||
| Speaker: Mariam A. Nawabi, Embassy of Afghanistan, Washington, DC | ||||||
| Program Chair: Maria DiGiulian, Sidley Austin Brown & Wood LLP, Washington, DC | ||||||
| Committee Sponsor: International Trade Committee | ||||||
| 7:45 AM – 9:15 AM | ||||||
| COMMITTEE BREAKFAST PROGRAM | ||||||
| THE FUTURE OF REPATRIATION: THE RESTITUTION OF SACRED ITEMS AND HUMAN REMAINS (PL) | ||||||
| The Native American Graves Protection and Repatriation Act (NAGPRA) created
a statutory scheme for addressing repatriation of Native American remains and
certain objects held by museums within the United States. But what about other,
non-Native American Indigenous objects of cultural patrimony? And, around the
world, museums care for tens of thousands of sets of human remains, some
identifiable and some not, some found within the borders of the institution’s
country, and some originally from beyond their borders. There are no international
laws addressing these areas, and only a few countries have laws similar to
NAGPRA. This program will examine current attitudes towards repatriation and trends under NAGPRA, as well as how museums, research institutions and countries, in the absence of legislative guidance, have dealt with international or non- NAGPRA repatriation requests. The panelists will also discuss existing and proposed legislative responses, and examine the future of NAGPRA as well as international and non-NAGPRA repatriation requests. |
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| Speakers: Sherry Hutt, J.D., Ph.D., Manager, National NAGPRA Program, United States Department of the Interior, Washington, DC; Robert Paterson, Professor, Faculty of Law, University of British Columbia, Vancouver, Canada; Susan B. Bruning, Lecturer, Dedman School of Law, Department of Anthropology, Southern Methodist University, Dallas, Texas; Bill Billeck, Program Manager, Repatriation Program, Department of Anthropology, National Museum of Natural History, Washington, DC | ||||||
| Moderator: Bonnie Czegledi, International Art & Cultural Heritage Law, Toronto, Canada (Program Chair) | ||||||
| Committee Sponsor: International Cultural Property Committee | ||||||
| 7:45 AM – 9:15 AM | ||||||
| COMMITTEE BREAKFAST PROGRAM | ||||||
| NGO’S IN THE CORPORATE GOVERNANCE CROSSHAIRS: ARE COMPLIANCE PROGRAMS A GOOD IDEA FOR NGO’S AND NONPROFITS IN THE INTERNATIONAL ARENA? (ROL) (PL) (C) | ||||||
In the wake of Enron, WorldCom and other recent scandals leading to wholesale
examinations of corporate governance issues, such as the advent of Sarbanes-
Oxley and the movement by multinational corporations to implement compliance
programs so as to minimize their exposure and liability, non-profit
organizations world-wide are now being called upon to examine their practices
as well, and to implement compliance programs of their own. Does this make
sense? How are these programs structured? Will this become the practice of the
future? If so, how can non-profits benefit from corporate “best practices?” Topics will include:
|
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| Speakers: Alexandra Wrage, President, TRACE International, Washington, DC (Program Co-Chair); Ramon Mullerat, Mullerat Law Firm; Editor, Corporate Governance, former President, Council of the Bars and Law Societies of the European Union (CCBE), Barcelona, Spain; William Steinman, Powell Goldstein LLP, Washington, DC; Jason Matechak, Reed Smith LLP, Washington, DC; Raj Kumar, President, The Development Executive Group, San Francisco, CA | ||||||
| Moderator: Aaron Schildhaus, Law Offices of Aaron Schildhaus, Washington, DC (Program Co-Chair) | ||||||
| Committee Sponsor: NGO and Not-for- Profit Organizations Committee | ||||||
| 7:45 AM – 9:15 AM | ||||||
| COMMITTEE BREAKFAST PROGRAM | ||||||
| TRANSPORTATION OF GOODS IN INTERNATIONAL COMMERCE: AN INTRODUCTION TO CARRIAGE OF CARGO FOR THE TRADE LAWYER (T) | ||||||
| Understanding the various legal regimes governing the transportation of goods
in international commerce is indispensable to all practitioners of international
trade law. Anyone who drafts sales contracts under the U.C.C. or the United
Nations Convention on International Sale of Goods (C.I.S.G) requires at least
basic knowledge of contracts of carriage, as the costs and potential liabilities of
contracts of carriage can have a profound impact on the ability of their clients -
both buyers and sellers - to reach agreement. This program is designed to
provide trade-law specialists both with a brief overview of the law relating to
carriage of goods by sea, air, road, rail and multimodal means, and to discuss
why the international community to date has not been able to develop a
comprehensive regime of treaty-law governing transportation of goods.
Who should attend: practitioners in the field of trade law, young attorneys and student-members of the ABA, and foreign lawyers interested in U.S. regulatory practice relating to the carriage of goods. |
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| Speakers: Professor Joseph Sweeney, Fordham University School of Law, New York, NY; James L. Casey, Deputy Counsel, Air Transport Association of America, McLean, VA; Dean Saul, Gowlings, Lafleur, Henderson LLP, Toronto, Canada | ||||||
| Program Chair: Lorraine B. Halloway, Crowell & Moring LLP, Washington, DC | ||||||
| Committee Sponsor: International Transportation Committee | ||||||
| 7:45 AM – 9:15 AM | ||||||
| COMMITTEE BREAKFAST PROGRAM | ||||||
| THE POTENTIAL FOR DEMOCRACY IN THE MIDDLE EAST: A COMPREHENSIVE ANALYSIS (ROL) (PL) | ||||||
| The program will present an examination of the current United States policies encouraging democracy in the Middle East in the context of recent developments in Iraq, Afghanistan and Western Sahara. | ||||||
| Speakers: Ambassador Frank Ruddy, former Deputy Chief of Mission, MINURSO, New York, NY; Said T. Jawad, Ambassador of Afghanistan to the United States, Washington, DC; J. Scott Carpenter, Deputy Assistant Secretary of State for Near East and Asian Affairs, Washington, DC; Emad Dhia, Head of the Iraqi Reconstruction Council during the Bremer administration, Baghdad, Iraq; Judge Zakia Haki, Women's Movement in Iraq, Kurdish Movement in Iraq, Baghdad, Iraq | ||||||
| Program Co-Chairs: Katlyn Thomas, Katlyn Thomas, P.C., New York, NY; Christopher H. Johnson, Johnson & Pump, Washington, DC, Detroit, MI, and Riyadh, Saudi Arabia | ||||||
| Committee Sponsor: Middle East Committee | ||||||
| 9:30 AM – 11:00 AM | ||||||
| SHOWCASE PROGRAM | ||||||
| BUSINESS OPPORTUNITIES AND CHALLENGES IN CHINA TODAY (BL/I) (A) | ||||||
| China’s economy is booming, with 2003 witnessing an almost 10% increase in gross domestic product and $47 billion in foreign direct investment, level with 2002 and an increase of 27% over 2001. A member of the WTO since 2001 and with the world’s largest population, today the People’s Republic of China presents increasingly attractive investment and other opportunities for foreign businesses. This program will explore the environment in China today for foreign investment and other business activities, analyzing opportunities in this nation for foreign enterprises, as well as related risks and the management of these risks. The program addresses broad legislative developments focusing on the financial sector of China’s economy and will include an overall summary of developments in, among other laws, the company law, the franchise law and the antitrust law. | ||||||
| Speakers: Henry Liu, Managing Director of HankPacific Group (New York and Beijing) which is a China-focused merchant banking firm, and former General Counsel and Director-General of China Securities Regulatory Commission (CSRC); Wenjie Niu, Director of Law Division and General Counsel, China Clear (formerly part of Shenzhen Stock Exchange), Shenzhen, China; Mary S. Podesta, Senior Counsel, Investment Company Institute, Washington, DC; Carson Wen, Partner, Heller Ehrman White & McAuliffe LLP, Hong Kong | ||||||
| Program Co-Chairs: Amy L. Sommers, Squire, Sanders & Dempsey L.L.P., Shanghai, China; Ying Z. White, The World Bank Group, Washington, DC; Richard B. Romney, Dewey Ballantine LLP, New York, NY | ||||||
| Committee Sponsors: China Committee International Investment and Development Committee | ||||||
| 9:30 A.M. - 11:00 A.M. | ||||||
| CONCURRENT SESSIONS | ||||||
| WE WANT TO OUTSOURCE SERVICES, BUT WHERE? (BL/I) (T)(A) | ||||||
| General Counsel of a U.S. Company is formulating a presentation for the Company’s Board on best places to outsource services. A top-notch team of foreign legal advisors from India, Vietnam and China come together to compare and contrast the options. This program focuses on the primary domestic and foreign legal issues a company faces when considering outsourcing, including tax, choice-of-entity, intellectual property, labor and employment and foreign investment and foreign exchange control. | ||||||
| Speakers: James J. Doody, III, Managing Director, Parallax Group Int’l, LLC, Glastonbury, CT; Dao Nguyen, Partner, Johnson Stokes & Master, Ho Chi Minh City, Vietnam; Anne Marie Plubell, The Plubell Firm LLC, Beijing, Washington, DC; Rajiv Khanna, Greenberg Traurig LLP, New York, NY | ||||||
| Moderator: Ravi Singhania, Singhania & Partners, New Delhi, India | ||||||
| Committee Sponsor: Asia/Pacific Committee | ||||||
| Co-Sponsoring Committee: China Committee | ||||||
| STATES AND GATS: WHO’S IN CHARGE? (T) | ||||||
| This program examines the role of U.S. states vis-à-vis the ongoing negotiations by the U.S. Trade Representative in the General Agreement on Trade in Services (“GATS”) regarding the regulation of the legal profession. The panel will assess policies and strategies for advancing the liberalization of transnational lawyer regulation internationally. It will address the following topics: (1) strategies for harmonizing state regulation of foreign lawyers; (2) the role of GATS in domestic law; (3) the development of data bank resources for monitoring and data exchange; and (4) the role of states in the development of national policy regarding the legal profession. | ||||||
| Speakers: Carole Silver, Professor, Northwestern University School of Law, Chicago, IL; Larry Pascal, Haynes and Boone LLP, Dallas, TX; Laurel Terry, Professor, Pennsylvania State University Law School, Carlisle, PA; Bill Smith, General Counsel, Georgia State Bar Association, former President, National Organization of Bar Counsel, Atlanta. GA; Jonathan Goldsmith, Executive Secretary, CCBE, Brussels, Belgium; Richard Van Duizend, Principal Consultant, National Center for State Courts, Arlington, VA; Christine Bliss, Acting Assistant U.S. Trade Representative for Services and Investments, Washington, DC | ||||||
| Moderator: Robert E. Lutz, Professor, Southwestern University School of Law, Los Angeles, CA (Program Chair) | ||||||
| Committee Sponsors: Transnational Legal Practice Committee, Foreign Legal Consultant Committee | ||||||
| Co-Sponsors: ABA GATS Task Force, ABA Center for Professional Responsibility, Joint Committee on Lawyer Regulation, ABA Section of Legal Education | ||||||
| RUSSIA’S YUKOS AFFAIR: THE USE AND ABUSE OF LAW (ROL) (BL/I) | ||||||
| Russia’s infamous "Yukos Affair," the all-out attack by the entire panoply of Russian governmental agencies and entities against Russia’s richest man, Mikhail Khodorkovsky, has been in the news for more than 18 months. The moves against Khodorkovsky, former CEO of Yukos, erstwhile "oligarch" and principal owner of Yukos Oil Co., began after he was perceived to have failed to honor the July 2000 understanding Russia’s oligarchs had reached with President Putin to stay out of politics. Pretrial detention of the accused, countless abuses of the attorney-client relationship, denial of medical assistance and government sponsored "discovery" by masked gunmen preceded a direct assault on Yukos Oil Co., the source of Khodorkovsky’s wealth. Tax assessments totaling nearly $30 billion were lodged against Yukos while its ability to pay these assessments was precluded when its bank accounts were frozen and asset sales forbidden. While Putin maintains that the Yukos and Khodorkovsky proceedings are strictly law enforcement matters for the Russian courts, the political nature of the Yukos Affair is vividly apparent to the rest of the world, including several courageous Ministers and advisors in the Russian government. The farcical December 2004 auction of Yukos’s principal operating subsidiary made permanent the destruction of Yukos’s more than $30 billion in market value held by more than 60,000 innocent shareholders. Panel members will offer their differing views of the Yukos Affair and its implications for the Rule of Law in Russia. | ||||||
| Speakers: Sarah C. Carey, Squire, Sanders & Dempsey LLP; former Member, Yukos Board of Directors; former Chair, Yukos Board of Directors Corporate Governance Committee, Washington, DC, Moscow, Russia; Sanford M. Saunders, Greenberg Traurig LLP, Washington, DC; Scott Horton, Patterson Belknap Webb & Tyler LLP; President, International League for Human Rights, Director, Andrei Sakharov Foundation, New York, NY; Marshall Goldman, Associate Director, Harvard University Davis Center for Russian and Eurasian Studies, Cambridge, MA;Alexander N. Domrin, Senior Research Fellow and Head of International Programs, Institute of Legislation and Comparative Law of the Russian Federation, Visiting Professor, University of Iowa College of Law, Iowa City, IA | ||||||
| Moderator: Bruce W. Bean, Chair, Russia/Eurasia Committee, Stuart, FL (Program Chair) | ||||||
| Committee Sponsor: Russia/Eurasia Committee | ||||||
| 11:00 AM – 11:15 AM | ||||||
| COFFEE/SODA BREAK — Sponsored by Allens Arthur Robinson | ||||||
| 11:00 AM – 12:30 PM | ||||||
| PUBLICATIONS COMMITTEE (L) | ||||||
| 11:15 AM – 12:45 PM | ||||||
| CONCURRENT SESSIONS | ||||||
| PUBLIC-PRIVATE PARTNERSHIPS: THE BUILDING AND FINANCING OF INFRASTRUCTURE IN LATIN AMERICA IN THE 21ST CENTURY (BL/I) (ROL) | ||||||
| The decade of the ’90s saw attempts to privatize public services, such as transport, electric generation and distribution, water and wastewater treatment and hospitals, with some limited success stories and many failures, in Latin America. Attempts to revisit and restructure the pure privatization model so that it is more likely to succeed in the conditions prevailing in Latin America have resulted in various public-private partnership approaches. This panel will explore alternative modes of building, ownership and financing of public infrastructure in several countries in Latin America with a view towards trend-spotting. | ||||||
| Speakers: Jean-Paul Chabaneix, Rodrigo, Elias & Medrano Abogados, Lima, Peru (Program Co-Chair); Michell Nader S., Jáuregui, Navarrete, Nader y Rojas, Mexico City, Mexico; Isabel Franco, Demarest & Almeida Advogados, São Paulo, Brazil; Silvia B. Sagari, Chief of Finance and Infrastructure, Inter-American Development Bank (IADB), Washington, DC; Andrew I. Gunther, Principal Investment Officer, International Finance Corporation, Washington, DC | ||||||
| Program Co-Chairs: Carol M. Mates, International Finance Corporation, Washington, DC; Yves Hayaux-du-Tilly Laborde, Jáuregui, Navarrete, Nader y Rojas, S.C., Mexico, DF | ||||||
| Committee Sponsors: Latin America and Caribbean Committee, International Investment and Development Committee | ||||||
| CHINA + 1: M&A RELATED DUE DILIGENCE IN CHINA, THAILAND AND VIETNAM (BL/I) (A) | ||||||
| Many investors in Asia are now adopting a “China + 1” strategy where an investment is made in China and one other Asian country for purposes of diversifying risk. Two of the more popular “plus one” jurisdictions are Thailand and Vietnam. This program will explore and compare the issues that can arise during M&A related due diligence in China, Thailand or Vietnam. | ||||||
| Speakers: David Roberts, O’Melveny & Myers LLP, Beijing, China; David Chen, Deheng Law Offices, Beijing, China; Jeremy Low, Allens Arthur & Robinson, Shanghai, China; Douglas Mancill, Deacons, Bangkok, Thailand; Luu Tien Ngoc, Vision & Associates, HCHC, Vietnam | ||||||
| Program Chair: Kevin Hobgood-Brown, Deacons, Sydney, Australia | ||||||
| Committee Sponsors: China Committee, Asia/Pacific Committee | ||||||
| TRADE AND PUBLIC HEALTH: BALANCING TRADE LAW AND HEALTH LAW CONSIDERATIONS IN RESPONDING TO PUBLIC HEALTH CRISES IN DEVELOPING COUNTRIES (PL) (T) (ROL) | ||||||
| The Doha Declaration on TRIPS and Public Health represents an important
compromise for developing countries trying to meet their public health needs
while complying with trade regulations. The TRIPS agreement recognizes that,
under certain circumstances, exceptions to intellectual property rights are
permitted to safeguard public health. Challenges lie in the interpretation of Art.
30 of TRIPS, which provides for an exception to patent rights, and amendments
to Art. 31(f) of TRIPS, which permits an exception for pharmaceutical production
for primarily domestic purposes. Under what circumstances are such exceptions
to the Agreement justified? Specifically, can these exceptions be used effectively
to respond to public health crises in the most affected areas such as Sub-Saharan
Africa in response to the HIV/AIDS crisis? The program will:
|
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| Speakers: Dr. Desmond Johns, Director, Joint United Nations Program on HIV/AIDS, New York, NY; Chinua Akukwe, Adjunct Professor, School of Health; Michele Forzley, Director of Commercial Alliances and Health Networks for PSP-1, Washington, DC | ||||||
| Program Co-Chairs: Myra Frazier, Vice-Chair, African Human Rights Sub-Committee, U.S. Environment Protection Agency, Washington, DC; Jonathan Todres, Chair, International Health Law Committee, New York, NY; James Passamano, International Health Law Committee, Sufian & Passamano LLP, Houston, TX | ||||||
| Committee Sponsors: International Human Rights Committee, International Health Law Committee | ||||||
| INVESTOR-STATE ARBITRATION: CANDID Q & A ABOUT ARBITRATORS AND THEIR WORK (DR) (T) | ||||||
| After a short introduction to the central characteristics of investor-state arbitration, a roundtable comprised of experienced advocates and arbitrators will address, through Q & A, the role of arbitrators in investor-state proceedings. Discussion is expected to include recent developments in relation to appointment, competency and challenge of arbitrators, evidentiary matters, and deliberations of the tribunal and calls for reform. | ||||||
| Speakers: Professor Todd Weiler, NAFTAClaims.com, Windsor, ON, Canada; Lucinda Low, Miller & Chevalier, Chtd., Washington, DC; Daniel Price, Sidley Austin, Brown & Wood LLP, Washington, DC; Marc Lalonde, Stikeman Elliott, Montreal, Canada ; Andrea Menaker, Chief, NAFTA Arbitration Division, U.S. State Department, Washington, DC; Doak Bishop, Vice-Chair, Institute of Transnational Arbitration, Houston, TX | ||||||
| Moderator: Henri Alvarez, Fasken Martineau DuMoulin LLP, Vancouver, Canada | ||||||
| Committee Sponsors: International Trade Committee, International Commercial Dispute Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law, International Dispute Resolution Committee | ||||||
| INTERNATIONAL BRANDING THROUGH MASTER FRANCHISING (BL/I) | ||||||
| Master franchising is the preferred vehicle for exporting U.S. franchise brands to
foreign countries — it is an arrangement under which the U.S. franchiser grants
a resident of a foreign country the right to replicate the franchise brand in the
master franchisee’s country. Master franchising arrangements vary considerably
based on industry practices, in economy, customs and culture of the master
franchisee’s country, the laws that govern franchising in the master franchisee’s
country, and the types and degree of support to be provided. This program will explore the basics of forming an international master franchise relationship, using a fictitious lodging industry franchise as the model. The presentation will include best practices observations from four perspectives – those of a U.S. franchiser’s outside franchise counsel; the franchiser’s in-house franchise counsel; foreign counsel to the franchiser; and counsel to a foreign master franchise prospect. |
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| Speakers: W. Andrew Scott, Paul Hasting Janofsky & Walker LLP, Atlanta, GA; Christopher A. Nowak, International Counsel, Hospitality Division, Cendant Corporation, Parsippany, NJ; Markus Cohen, QC, Toronto, Canada; Andrew P. Loewinger, Nixon Peabody LLP, Washington, DC; Carl Zwisler, Haynes and Boone LLP, Washington, DC | ||||||
| Moderator: Erik B. Wulff, DLA Piper Rudnick Gray Cary U.S. LLP, Washington, DC | ||||||
| Committee Sponsor: International Franchising Subcommittee of the International Commercial Transactions Committee | ||||||
| 1:00 PM – 2:30 PM | ||||||
| LUNCHEON: SHOWCASE ADDRESS BY THE RIGHT HONORABLE THE LORD MUSTILL, Vice President, Court of Arbitration of the ICC, Former Judge, Appeal at Committee, House of Lords (DR) - Sponsored by Coudert Brothers LLP (TICKETED EVENT) | ||||||
| 2:45 PM – 4:15 PM | ||||||
| SHOWCASE PROGRAM | ||||||
| REFORMING THE UN HUMAN RIGHTS COMMISSION (ROL) (PL) | ||||||
| The UN Human Rights Commission is failing to carry out its vital mission of setting international human rights standards and exposing violations. After a sorry record in recent years of failing to condemn genocide in Sudan and electing Libya as Chair, the need for reform has become urgent. The Section’s Task Force on Reform of the UN Human Rights Commission, which includes members with wide experience in dealing with the Commission, has completed its report which offers numerous recommendations for improving the performance of the Commission. The recommendations include a restored focus on legally-enforceable human rights, a Code of Conduct pledging members of the Commission to honor their obligations under human rights treaties to which they are party and to cooperate in investigations of the Commission, the imposition of appropriate sanctions, including disqualification from future membership, for violations of the Code, enhancing the professionalism of the Commission’s investigative processes, and promoting the rule of law. | ||||||
| Speakers: The Hon. Tom Lantos, Member of Congress (Ca. 12th District), Washington, DC; Ambassador Richard Schifter, former Ambassador to the UN Human Rights Commission and Assistant Secretary of State for Human Rights and Humanitarian Affairs, Arnold & Porter LLP, Washington, DC; Professor Paul R. Williams, Co-Rapporteur of the Task Force, American University Washington College of Law, Washington, DC; Professor Michael Scharf, Co-Rapporteur of the Task Force, Case Western Reserve University School of Law, Cleveland, OH | ||||||
| Moderator: Ambassador David E. Birenbaum, Chair, Task Force, and former Ambassador to the UN for UN Management and Reform, Fried, Frank, Harris, Shriver and Jacobson LLP, Washington, DC (Program Chair) | ||||||
| Committee Sponsor: Task Force on Reform of the UN Human Rights Commission | ||||||
| Co-Sponsor: Section of Individual Rights and Responsibilities | ||||||
| 2:45 PM – 4:15 PM | ||||||
| CONCURRENT SESSIONS | ||||||
| RESPONDING TO ANTIDUMPING INVESTIGATIONS INITIATED BY THE CHINESE INVESTIGATORY AUTHORITIES (A) (T) | ||||||
| The program is designed to give the audience an introduction to Chinese antidumping proceedings and practice. The program will be introduced by the Chinese official in charge of antidumping investigations. This official will address the requirements for the initiation of an antidumping investigation, procedures for responding in such investigations, and the actions that may be taken by the Chinese regulatory authorities. Lawyers who are experienced in representing respondents will then speak on how to effectively participate in an investigation and share their insights on how to seek a favorable determination. The program will also give first hand information on developments in the area of Chinese antidumping law and policy. | ||||||
| Speakers: Hejun Wang, Commissioner, Bureau of Fair Trade of Import and Export, Ministry of Commerce of the PRC (“MOFCOM”), Beijing, China; Yong Ren, Managing Partner, T&D Associates, P.R. China; Craig Lewis, Hogan & Hartson LLP, Washington, DC; Duane Layton, Miller & Chevalier Chtd, Washington, DC | ||||||
| Program Co-Chairs: Jun Wei, Hogan & Hartson LLP, Beijing, China; Jeffrey Gerrish, Skadden Arps Slate Meagher & Flom LLP, Washington, DC | ||||||
| Committee Sponsor: China Committee | ||||||
| Committee Co-Sponsor: International Trade Committee | ||||||
| THE SONIC BOOM: HOW TO ADVISE AND PROTECT YOUR CLIENT IN BANKRUPTCIES HEARD AROUND THE WORLD (Part 1) (BL/I) (DR) | ||||||
| This program will comprise three sessions in which attendees will learn how to navigate the complex issues involved in international bankruptcies and hear about developments. | ||||||
| Session One: Rumblings and Vibrations — How Good Are The
Numbers? (2:45-3:30) The program opens with a practical session on recognizing the early warning signs of a company in financial trouble. This session will examine what goes into the creation of a company’s financial numbers, and the reliance on these financial numbers by management, investors, creditors, suppliers and stakeholders. |
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| Session Two: “Explosion — Causes of Action Worldwide” (3:30-4:15) This session will examine recent developments with regards to significant international bankruptcy litigation, including potential pitfalls associated with dealing with a multijurisdictional debtor. |
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| Session Three: “When the Smoke Clears — Finding a Foothold” (4:30-6:00) This session will examine the myriad jurisdictional issues arising during an international bankruptcy. This will include choice of law arguments, cooperation between jurisdictions and a discussion of developments under UNCITRAL Model Law and European Regulation. |
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| Speakers- Session One: Joshua R. Cammaker, Wachtell Lipton, Rosen & Katz, New York, NY; Leon Szlezinger, Mesirow Financial, New York, NY; Neil Hayward, PwC Global Restructuring Services, New York, NY; William Q. Derrough, Jefferies & Company, Inc., New York, NY; Rhonda Schnare, International Affairs Division, Public Company Accounting Oversight Board, Washington, DC Moderator: Wayne J. Carroll, PwC Deutsche Revision AG, Frankfurt, Germany Session Two: Zack A. Clement, Fulbright & Jaworski, LLP, Houston, TX; Dennis J. Drebsky, Nixon Peabody LLP, New York, NY; Uwe Eyles, Latham & Watkins LLP, Frankfurt, Germany; Madlyn Gleich Primoff, Kaye Scholer, New York, NY; Lisa Curran, Allen & Overy LLP, Rome, Italy Moderator: D. Bobbit Noel, Jr., Vinson & Elkins LLP, Houston, TX Session Three: Andrew J.F. Kent, McMillan Binch LLP, Toronto, ON; Evan D. Flaschen, Bingham McCutchen LLP, Hartford, CT; Don S. DeAmicis, Ropes & Gray LLP, Boston, MA; Adam Maerov, McMillan Binch LLP, Toronto, ON Moderator: Judith Elkin, Haynes and Boone, LLP, New York, NY |
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| Program Co-Chairs: Gary S. Lee, Lovells, New York, NY; Dina Gielchinsky, Lovells, New York, NY; Andrew J.F. Kent, McMillian Binch LLP, Toronto, ON | ||||||
| Committee Sponsors: Financial Products and Services Committee, International Mergers and Acquisitions and Joint Ventures Committee, International Secured Transactions and Insolvency Committee | ||||||
| Co-Sponsors: Financial Services Division of the International Bar Association, American Society of International Law, International Dispute Resolution Committee | ||||||
| THE MULTINATIONAL CORPORATION AND DEVELOPING COUNTRIES: DISCRIMINATION, LITIGATION, AND COMPLIANCE AND VOLUNTARY CODES OF CONDUCT (BL/I) (C) (T) | ||||||
| Labor and employment compliance for the multinational corporation historically
has been local in nature. Increasingly, however, multinational corporations find
their employment practices subject to what may be called global law. For
example, U.S. anti-discrimination laws are slowly, but surely, being exported to
the European Union, which has issued directives prohibiting employment
discrimination based on numerous protected factors. U.S. law and the experience
of U.S. companies and courts are a model for many of these new
overseas obligations. Multinational corporations thus face difficult decisions as to what should be the applicable standards for their activities, especially regarding labor practices and the environment. Local laws often are lacking, or are inadequate, marked by poor enforcement. Faced with the extra-territorial effect of U.S. employment law prohibiting discrimination, as well as the equally disconcerting risk of adverse publicity caused by accusations of unfair employment practices, some multinational corporations develop international labor compliance programs. To fill gaps in enforceable standards, many multinationals are adopting codes of conduct developed by international institutions ranging from the United Nations to various non-governmental organizations (NGO’s). This program will discuss some of the most important topics facing the multinational corporation today: the extra-territorial effect of U.S. employment laws, the companies’ response to those laws, company compliance programs and voluntary codes of conduct affecting the multinational corporation. This program will explore common grounds of compliance and enforcement, as well as best practices for multinational corporations. |
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| Speakers: Philip M. Berkowitz, Nixon Peabody LLP, New York, NY; Prof. Barry E. Carter, Georgetown University Law Center, Washington, DC; Pascale Lagesse, Freshfields Bruckhaus Deringer, Paris, France; Philip I. Weis, Senior Corporate Counsel, Pfizer Inc., New York, NY; Auret van Heerden, Fair Labor Association, Washington, DC; Salli Swartz, Phillips Giraud Naud & Swartz, Paris, France | ||||||
| Moderator: Hon. Marilyn Justman Kaman, Minnesota District Judge, Minneapolis, MN | ||||||
| Committee Sponsor: Labor and Employment Law Committee | ||||||
| 4:15 PM – 4:30 PM | ||||||
| REFRESHMENT BREAK | ||||||
| 4:15 PM – 6:30 PM | ||||||
| ADMINISTRATION COMMITTEE MEETING (L) | ||||||
| 4:30 PM – 6:00 PM | ||||||
| CONCURRENT SESSIONS | ||||||
| HOT TOPICS IN INTERNATIONAL TRADE (T) | ||||||
| This program will discuss several issues concerning international trade that are of particular concern this spring. The topics to be discussed are the role of the WTO in U.S. law, reflecting on recent court cases and the issue of zeroing in dumping calculations; recent Canada trade remedy practice particularly with respect to China; and the current status of U.S. regional free trade negotiations. | ||||||
| Speakers: Bennet Harman, Deputy Assistant U.S. Trade Representative for Latin America, Washington, DC (Invited); Cyndee Todgham Cherniak, Heenan Blaikie LLP, Toronto, Canada; Alice A. Kipel, Steptoe & Johnson LLP, Washington, DC; William "Bill" Fennel, Stewart & Stewart, Washington, DC | ||||||
| Program Chair: Peggy A. Clarke, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC | ||||||
| Committee Sponsor: International Trade Committee | ||||||
| Co-Sponsor: Women’s Interest Network | ||||||
| THE SONIC BOOM: HOW TO ADVISE AND PROTECT YOUR CLIENT IN BANKRUPTCIES HEARD AROUND THE WORLD (Part II) (BL/I) (DR) (see above for session details) | ||||||
| GOING GLOBAL WITH YOUR CLIENT (BL/I) | ||||||
| This program will provide knowledge to help U.S. and foreign attorneys understand the legal issues that they are likely to encounter as their companies and clients become global businesses. The moderator will act as the general counsel of a company that suddenly finds itself doing business overseas. Speakers are a blend of business people and attorneys who have run into these issues. They will address different agreements and legal topics from the standpoint of various geographical regions, for instance manufacturing agreements in Asia, licensing agreements in Europe, and imports from Maquiladora projects. | ||||||
| Speakers: Campbell Barnum, VP Business Development, D.D. Williamson, New Orleans, LA; Jingming Duan, Esq, President, Beltz International; Steve Goldman, Associate General Counsel, Marriott International, Bethesda, MD; Richard Maggio, Pillsbury Winthrop LLP, San Francisco, CA | ||||||
| Moderators: Alan Gutterman, ASI Computer Technologies Inc., Fremont, CA; Robert L Brown, Greenebaum Doll & McDonald, Pllc, Louisville, KY (Program Chair) | ||||||
| Committee Sponsors: Asia/Pacific Committee, Europe Committee | ||||||
| INTERNATIONAL FORA FOR PRACTICING HUMAN RIGHTS — WHAT ARE THE OPTIONS? (PL) (ROL) | ||||||
| This program will provide a comparative analysis of the various international fora that hear human rights grievances, including discussion of benefits and detriments to each of the systems, as well as review of notable recent human rights cases in each system, and recent trends. | ||||||
| Speakers: Christina Cerna, Inter-American Commission, Washington, DC; Dinah Shelton, George Washington University Law School, Washington, DC; Melissa Crow, Brooklyn Law School, New York, NY; Dean Claudio M. Grossman, American University Washington College of Law, Washington, DC; David Stewart, Assistant Legal Adviser for Diplomatic Law & Litigation, U.S. Department of State, Washington, DC | ||||||
| Program Co-Chairs: Nancy Kaymar Stafford, Georgetown University Law Center, Washington, DC; Gwynne Skinner, Public Interest Law Group PLLC, Seattle, WA | ||||||
| Committee Sponsor: International Human Rights Committee | ||||||
| INTERNATIONAL TRADE IN THE TIME OF SARBANES-OXLEY (BL/I) (C) (T) | ||||||
| Companies engaged in international trade are generally aware of the legal requirements for compliance with the import, export and trade regulations. Agencies as diverse as Customs & Border Protection, the Bureau of Industry and Security, the Food and Drug Administration, and the Treasury’s Office of Foreign Assets Control all impose compliance responsibilities on companies. What many companies may have missed is that failure to properly comply with any of these requirements may represent an event that should be reported to the corporate audit committee or outside auditors. Under Sarbanes-Oxley, international trade compliance has taken on a new dimension relating to corporate governance, and, ultimately, to the very value of the company’s stock. This program will help those responsible for trade compliance make the link between those activities and Sarbanes-Oxley compliance. | ||||||
| Speakers: Ethiopis Tafara, Director of International Affairs, Securities and Exchange Commission, Washington, DC; Su Ross, Rodriguez O’Donnell Ross Fuerst Gonzalez & Williams P.C., Los Angeles, CA; O’Neil L. Woelke, DaimlerChrysler Corp., Highland Park, MI; Prof. Donald Langevoort, Georgetown Law Center, Washington, DC; Larry Christensen, Vastera, Inc., Dulles, VA | ||||||
| Program Co-Chairs: Lawrence M. Friedman, Barnes, Richardson & Colburn, Chicago, IL; Maria DiGiulian, Sidley, Austin, Brown & Wood LLP, Washington, DC; Scott Maberry, Fulbright & Jaworski LLP, Washington, DC | ||||||
| Committee Sponsors: Customs Law Committee, International Trade Committee, Export Controls & Economic Sanctions Committee | ||||||
| 7:00 PM– 9:00 PM | ||||||
| RECEPTION AT ORGANIZATION OF AMERICAN STATES (OAS) (L) (TICKETED EVENT) | ||||||
| Saturday, April 16th | ||||||
| 7:30 AM – 8:45 AM | ||||||
| EXECUTIVE COMMITTEE MEETING (L) | ||||||
| 7:30 AM – 8:45 AM | ||||||
| MEMBERSHIP COMMITTEE MEETING (L) | ||||||
| 9:00 AM – 1:00 PM | ||||||
| SECTION COUNCIL MEETING (L) | ||||||
Spring Meeting Program Tracks |
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| We have included in the Spring Meeting tracks of programs appealing to different practice areas. | ||||||
| They are: | ||||||
| Following are summaries of the tracks to aid registrants in quickly identifying programs that may be of particular interest to them. | ||||||
|
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| Wednesday, April 13th | ||||||
| 7:30 AM – 9:00 AM | ||||||
| Corporate Social Responsibility and the Role of In-House Counsel and External Counsel | ||||||
| The program covers the still imprecise notion of CSR and its relationship to corporate governance, law and ethics, whether it should be voluntary or mandatory, and whether it is just a marketing tool. The panel will discuss CSR objectives (labor rights, environmental protection, and human rights), the responsibility of business (stockholders or stakeholders, the soul of the corporation, social investment and social leadership) and national and international initiatives (such as the ILO Tripartite Declaration, Global Sullivan Principles, Caux Round Table, Amnesty International Guidelines, Social Accountability 8000, OECD Guidelines for Multinational Enterprises, UN Global Compact, ICC steps to reasonable business conduct, and UN Norms on responsibility of transnational corporations). Roles of in-house and external lawyers will also be covered, concluding with recommendations. | ||||||
| Speakers: Dianna Kempe, former President, International Bar Association, Paget, Bermuda; James Roselle, Associate General Counsel, The Northern Trust Company, Chicago, IL; Peter Kinder, President, KLD Research & Analytics, Inc., Boston, MA; Phillip H. Rudolph, former Vice President, McDonald’s, Foley & Hoag LLP, Washington, DC; Elizabeth Wall, former President, ACCA; General Counsel, The European Lawyer, Shipston-on-stour, England; | ||||||
| Moderator: Ramon Mullerat, Mullerat Law Firm; Editor, Corporate Governance; former President, Council of the Bars and Law Societies of the European Union (CCBE), Barcelona, Spain (Program Chair) | ||||||
| Committee Sponsor: Working Group on Corporate Social Responsibility Co-Sponsor: Section of Individual Rights and Responsibility |
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| 9:00 AM – 10:30 AM | ||||||
| Around the World with the ABA’s Rule of Law Activities | ||||||
| The Berlin Wall fell, and the ABA was there, working to support the legal reform process in Central and Eastern Europe and the former Soviet Union. Today, the ABA’s rule of law programming spans the globe, with programs in over thirty countries in Asia, Africa, Latin America, Central Europe, Eurasia, and the Middle East. At this kick-off session, leaders of the ABA’s rule of law councils and programs will describe their activities, including those in hot spots like Iraq and Sudan, discuss challenges in the emerging rule of law international development field, distinguish the ABA from other rule of law providers, and identify ways for ABA members to become involved with this work. | ||||||
| Opening Remarks: Kenneth B. Reisenfeld, Chair, ABA Section of International Law, Haynes and Boone, LLP, Washington, DC; Michael S. Greco, ABA President-Elect, Kirkpatrick & Lockhart Nicholson Graham LLP Boston, MA | ||||||
| Speakers: Timothy L. Dickinson, ABA/UNDP International Legal Resource Center (ILRC); former Chair, Section of International Law, Dickinson Landmeier LLP, Washington, DC; Bill Ide, Chair, CEELI; former President, ABA, McKenna Long & Aldridge LLP, Atlanta, GA; Armando Lacasa, Chair, ABA Latin America Law Initiative Council (LALIC), Ruden McClosky, Miami, FL; E. Christopher Johnson, Chair, ABA Africa Law Initiative Council, Vice President & General Counsel, GM North America, Detroit, MI; Carolyn B. Lamm, ABA Board of Governors Liaison to the ABA Asia Law Initiative Council, White & Case LLP, Washington, DC | ||||||
| Moderator: Talbot “Sandy” D’Alemberte, Chair, ABA Strategic Council; former President, ABA, Miami, FL | ||||||
| Program Co-Chairs: Steven E. Hendrix, Section of International Law Goal VIII Officer, U.S. Agency for International Development, Washington, DC; Robert Horowitz, ABA Professional Services Division, Washington, DC | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| Co-Sponsor: ABA Strategic Council | ||||||
| 10:45 AM – 12:15 PM | ||||||
| International Development Organizations View the Next 10 Years for Advancing the ROL | ||||||
| International development organizations are critical catalysts for legal reform. International financial institutions, bilateral donors and foundations make extremely important contributions to advancing the rule of law, legal reform and democratic consolidation. This panel will discuss trends and priorities among these organizations, and how they see the future of the rule of law and related programs in the coming years. | ||||||
| Speakers: Roberto Daniño, Vice President and General Counsel, The World Bank, Washington, DC; Aryeh Neier, President, Open Society Institute and Soros Foundations Network, New York, NY; Mark A. Garfinkel, Vice President and General Counsel, Overseas Private Investment Corporation, Washington, DC Additional Speakers to include top executives representing the major international organizations involved in promoting the international rule of law. | ||||||
| Program Chairs: Don DeAmicis, Ropes & Gray LLP, Boston, MA; Steven E. Hendrix, Section Goal VIII Officer, U.S. Agency for International Development, Washington, DC | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| 12:30 PM – 2:00 PM | ||||||
| LUNCHEON: THE ORIGINS OF INTERNATIONAL LAW AND ITS RELATIONSHIP TO THE RULE OF LAW (ROL) (TICKETED EVENT) with Special Guest speakers: Judge Stephen M. Schwebel, former Judge and President, International Court of Justice, and Judge Christopher Weeramantry, former Vice President Judge, International Court of Justice, Former Justice, Supreme Court of Sri Lanka. |
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| 2:15 PM – 3:45 PM | ||||||
| Private Sector Perspective on Advancing the ROL | ||||||
| “Trade Not Aid” is a familiar rallying cry among many developing countries and non-governmental organizations. But trade and investment are non-starters where legal frameworks are either not in place or not enforced. Global trade integration will be problematic if countries retreat from principles of democracy, human rights and the rule of law. Concerns range from independence of the judiciary, anticorruption, appropriate arbitration statutes and similar themes. This high-level panel will cover rule of law from the critical private sector perspective, identifying priority areas for reform to make trade and investment a more effective tool for global economic growth. | ||||||
| Speakers: James Orr, Executive Director, Bretton Woods Committee, Washington, DC; Steven Hayes, Corporate Council on Africa, New York, NY; Bill Reinsch, President, National Foreign Trade Council, Co-Chair, USA*Engage, Washington, DC | ||||||
| Program Chair: Steven E. Hendrix, Section of International Law Goal VIII Officer, U.S. Agency for International Development, Washington, DC | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| Co-Sponsor: The Bretton Woods Committee | ||||||
| 4:00 PM – 5:30 PM | ||||||
| The Hill Perspective on the ROL & the Future of U.S. Foreign Assistance | ||||||
| The President’s National Security Strategy cites three pillars for national security – diplomacy, defense and development. In this context, development is not only critical to world economic growth, but U.S. strategic interests. George W. Bush has nearly doubled foreign assistance over the past four years, with substantial sums destined for Iraq and Afghanistan. Main areas for investment globally have been economic development, the environment, health, education, disaster assistance and democracy. However, foreign assistance has always had its detractors and has been little understood by the public. This panel will discuss the current status, trends and future of U.S. foreign assistance, how U.S. foreign policy and national security intersect with development assistance. | ||||||
| Speakers: Hon. Jerry Weller, Member of Congress, House International Relations Committee, Joliet, IL; Hon. Jim Kolbe, Member of Congress, Chair, House Foreign Appropriations Subcommittee, Tucson, AZ | ||||||
| Moderator: Angela Ellard, Staff Director and Counsel, House of Representatives Ways and Means Trade Subcommittee, Section Legislative Liaison, Washington, DC (Program Co-Chair) | ||||||
| Program Co-Chairs: John R. Magnus, Section Policy Officer, TRADEWINS LLC; Washington, DC; Rick Leach, Section Representative, UN Economic and Social Council, Leach & Associates, Washington, DC; Steven E. Hendrix, Section of International Law Goal VIII Officer, U.S. Agency for International Development, Washington, DC | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| CONCURRENT SESSION | ||||||
| The Future of International Project Finance: New Rules, New Problems, New Funding Sources | ||||||
| This program will address important new legal and business developments in the world of international project finance and focus on practical issues for companies, governments, financial institutions, and their counsel. | ||||||
| Speakers: Selma A. Barroso, Senior Counsel, International Finance Corporation, Washington, DC; Luis Dodero, General Counsel, Multilateral Investment Guarantee Agency, Washington, DC; Francis Skrobiszewski, Manager, Millenium Markets Partnership, Booz Allen Hamilton, former Senior Vice President, Hungarian-American Enterprise Fund, McLean, VA; Peter Saba, General Counsel, U.S. Export-Import Bank, Washington, DC; Walid Labadi, Senior Counsel and Team Leader, European Bank for Reconstruction and Development, London England; Thomas M. Duvall, III, Chief Counsel, Project and Co-Financing Legal Department, World Bank, Washington, DC; Hugh Thomas, Partner, Ashurst, London, England | ||||||
| Program Co-Chairs: James R. Silkenat, Arent Fox, New York, NY; Mark A. Garfinkel, Overseas Private Investment Corporation, Washington, DC | ||||||
| Committee Sponsors: International Securities and Capital Markets Committee, International Commercial Dispute Resolution Committee, International Financial Products and Services Committee, International Investment, Development and Privatization Committee | ||||||
| Thursday, April 14th | ||||||
| 9:00 AM – 10:30 AM | ||||||
| Nuclear Weapons, Our Security and The Law | ||||||
There are still over 30,000 nuclear weapons, most many times more destructive than Hiroshima. Thousands of Russian and American weapons remain on hair-trigger alert. This May, the UN will review the nonproliferation legal regime, centered on the Nuclear Nonproliferation Treaty (NPT). Severe challenges face this regime and the integrity of fulfillment of NPT commitments, with significant implications for international confidence in multilateralism and the rule of law. Among these issues are:
|
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| Speakers: Hon. Ed Markey, Member of Congress, Co-Chair, Bipartisan Task Force on Nonproliferation of the U.S. Congress, Boston, MA; Judge Christopher Weeramantry, former Vice President Judge, International Court of Justice, former Justice, Supreme Court of Sri Lanka; Admiral Stansfield Turner, USN (Ret.), former Director, U.S. Central Intelligence Agency, Washington, DC; Dan Poneman, Principal, Scowcroft Group, former staff member, U.S. National Security Council under Presidents George H.W. Bush and Clinton, Washington, DC | ||||||
| Moderator: Barry Kellman, Chair, National Security Committee, De Paul University, Chicago, IL | ||||||
| Program Chair: Jonathan Granoff, Vice Chair, National Security Committee, Law Offices of Jonathan Granoff, Bala Cynwyd, PA | ||||||
| Committee Sponsor: National Security Committee | ||||||
| Co-Sponsor: UN and International Institutions Coordinating Committee | ||||||
| 10:45 AM – 12:15 PM | ||||||
| The Western Hemisphere’s Agenda for Good Democratic Governance: The Summit of the Americas, the Community of Democracies, the Global Forum Against Corruption, and the Organization of American States | ||||||
| The thirty-four democratic leaders in the Western Hemisphere have met four times since 1994, most recently in January 2004 at the Special Summit of the Americas in Monterrey, Mexico. Argentina will host the Fourth Summit of the Americas in November 2005. The leaders’ agenda includes significant commitments related to promoting democracy, making democratic institutions work better, combating corruption, increasing transparency, and strengthening the rule of law. The Summit process, which includes inter-Summit ministerial and technical meetings and draws on the expertise in a wide range of international organizations, plays a key role in establishing a common set of commitments related to good democratic governance, provides a mechanism to hold governments accountable, and increases dialogue among governments, the private sector and civil society organizations. | ||||||
| Speakers: Ambassador John Maisto, U.S. Ambassador to the OAS and Summit of the Americas, Coordinator, Bureau of Western Hemisphere Affairs; Nancy Zucker Boswell, Managing Director, Transparency International, Washington, DC; Boris Kozolchyk, Director, National Law Center for Inter-American Free Trade (NLCIFT), Tucson, AZ | ||||||
| Moderator: Janis Brennan, Foley Hoag LLP, Washington, DC | ||||||
| Program Co-Chairs: Stephen M. Liston, U.S. Department of State, Washington, DC; Steven E. Hendrix, Section of International Law Goal VIII Officer, U.S. Agency for International Development, Washington, DC | ||||||
| Committee Sponsors: Goal VIII Committee, Latin America and Caribbean Law Committee | ||||||
| Co-Sponsors: ABA Latin America Law Initiatives Council (LALIC), Organization of American States (OAS), Transparency International, Council of the Americas | ||||||
| 4:00 PM – 5:30 PM | ||||||
| International Legal Assistance and the ABA — Lessons Learned and “How to” for Approaching Legal Reform: A Practitioners’ Roundtable | ||||||
| Over the past fifteen years, the ABA has become a leader in providing technical legal assistance to emerging democracies throughout the world. Programs such as CEELI, ABA-Africa, ABA-Asia, UNDP/ILRC, LALIC, and the CEELI Institute have provided hundreds of Section members and other ABA volunteers with exciting opportunities to work on fundamental rule of law issues in transitional societies. State bars and affiliated organizations likewise have developed strong programs focusing on these issues. Alumni from such projects have developed tremendous skills in delivering assistance in these environments, making the ABA and its members leaders in the international effort to promote the rule of law. To capture, organize and increase this expertise, the Section plans to organize and sponsor an ongoing dialogue among those interested in technical legal assistance programs. Among the goals of this group will be to discuss lessons learned, identify best practices, develop training models to prepare volunteers for future assignments, and create linkages between assistance providers from around the world. This session will be an open forum on the development of such a group, soliciting ideas and developing an implementation plan for the Section’s programs in these areas. | ||||||
| Speakers: Jean C. Berman, Executive Director, International Senior Lawyers Project, New York, NY; Timothy L. Dickinson, Chair, UNDP/ILRC, former Chair, Section of International Law, Dickinson Landmeier LLP, Washington, DC (Program Co-Chair); Vernice Guthrie, Director, ABA Africa Law Initiative Council, Washington, DC; Don Wallace, former Chair, Section of International Law, Georgetown University, Washington, DC (Program Co-Chair); Kerry O'Brien, DC Employment Justice Center, Washington, DC; Marina Colby, Washington, DC | ||||||
| Moderator: Homer E. Moyer, Jr., former Chair, Section of International Law, former Chair, CEELI, Chair, CEELI Institute, Miller & Chevalier Chtd, Washington, DC (Program Co-Chair) | ||||||
| Committee Sponsor: Goal VIII Committee | ||||||
| Co-Sponsor: CEELI Alumni Group | ||||||
| Friday, April 15th | ||||||
| 7:45 AM – 9:15 AM | ||||||
| Committee Program — Breakfast at the Bar: Trade and Development in Afghanistan – International Trade Committee | ||||||
| In the wake of the ouster of the Taliban, successful Presidential elections, the end of a 4-year drought and over $2 billion in international assistance, Afghanistan’s economic outlook has improved significantly. What continuing economic reforms are in Afghanistan’s future, and what are the prospects for trade in the near future? Will increased political stability and continued international commitment to Afghan reconstruction create an optimistic outlook for improvements to the Afghan economy? Discuss these issues and more with Mariam A. Nawabi of the Embassy of Afghanistan. | ||||||
| Speaker: Mariam A. Nawabi, Embassy of Afghanistan, Washington, DC | ||||||
| Program Chair: Maria DiGiulian, Sidley Austin Brown & Wood LLP, Washington, DC | ||||||
| Committee Sponsor: International Trade Committee | ||||||
| 7:45 AM – 9:15 AM | ||||||
| Committee Program — NGO’s in the Corporate Governance Crosshairs: Are Compliance Programs a Good Idea for NGO’s and Non- Profits in the International Arena? — NGO Committee | ||||||
In the wake of Enron, WorldCom and other recent scandals leading to wholesale examinations of corporate governance issues, such as the advent of Sarbanes- Oxley and the movement by multinational corporations to implement compliance programs so as to minimize their exposure and liability, non-profit organizations world-wide are now being called upon to examine their practices as well, and to implement compliance programs of their own. Does this make sense? How are these programs structured? Will this become the practice of the future? If so, how can non-profits benefit from corporate “best practices?” Topics will include:
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| Speakers: Alexandra Wrage, President, TRACE International, Washington, DC (Program Co-Chair); Ramon Mullerat, Mullerat Law Firm; Editor, Corporate Governance, former President, Council of the Bars and Law Societies of the European Union (CCBE), Barcelona, Spain; William Steinman, Powell Goldstein LLP, Washington, DC; Jason Matechak, Reed Smith LLP, Washington, DC; Raj Kumar, President, The Development Executive Group, San Francisco, CA; | ||||||
| Moderator: Aaron Schildhaus, Law Offices of Aaron Schildhaus, Washington, DC (Program Chair) | ||||||
| Committee Sponsor: NGO and Not-for- Profit Organizations Committee | ||||||
| 7:45 AM – 9:15 AM | ||||||
| Committee Program — The Potential for Democracy in the Middle East: “A Comprehensive Analysis” – Middle East Committee | ||||||
| The program will present an examination of the current United States policies encouraging democracy in the Middle East in the context of recent developments in Iraq, Afghanistan and Western Sahara. | ||||||
| Speakers: Ambassador Frank Ruddy, former Deputy Chief of Mission, MINURSO, New York, NY; Said T. Jawad, Ambassador of Afghanistan to the United States, Washington, DC; J. Scott Carpenter, Deputy Assistant Secretary of State for Near East and Asian Affairs, Washington, DC; Emad Dhia, Head of the Iraqi Reconstruction Council during the Bremer administration, Baghdad, Iraq; Judge Zakia Haki, Women's Movement in Iraq, Kurdish Movement in Iraq, Baghdad, Iraq | ||||||
| Program Co-Chairs: Katlyn Thomas, Katlyn Thomas, P.C., New York, NY; Christopher H. Johnson, Johnson & Pump, Washington, DC, Detroit, MI, and Riyadh, Saudi Arabia | ||||||
| Committee Sponsor: Middle East Committee | ||||||
| 9:30 AM – 11:00 AM | ||||||
| Russia’s Yukos Affair: The Use and Abuse of Law | ||||||
| Russia’s infamous "Yukos Affair," the all-out attack by the entire panoply of Russian governmental agencies and entities against Russia’s richest man, Mikhail Khodorkovsky, has been in the news for more than 18 months. The moves against Khodorkovsky, former CEO of Yukos, erstwhile "oligarch" and principal owner of Yukos Oil Co., began after he was perceived to have failed to honor the July 2000 understanding Russia’s oligarchs had reached with President Putin to stay out of politics. Pretrial detention of the accused, countless abuses of the attorney-client relationship, denial of medical assistance and government sponsored "discovery" by masked gunmen preceded a direct assault on Yukos Oil Co., the source of Khodorkovsky’s wealth. Tax assessments totaling nearly $30 billion were lodged against Yukos while its ability to pay these assessments was precluded when its bank accounts were frozen and asset sales forbidden. While Putin maintains that the Yukos and Khodorkovsky proceedings are strictly law enforcement matters for the Russian courts, the political nature of the Yukos Affair is vividly apparent to the rest of the world, including several courageous Ministers and advisors in the Russian government. The farcical December 2004 auction of Yukos’s principal operating subsidiary made permanent the destruction of Yukos’s more than $30 billion in market value held by more than 60,000 innocent shareholders. Panel members will offer their differing views of the Yukos Affair and its implications for the Rule of Law in Russia. | ||||||
| Speakers: Sarah C. Carey, Squire, Sanders & Dempsey LLP; former Member, Yukos Board of Directors; former Chair, Yukos Board of Directors Corporate Governance Committee, Washington, DC, Moscow, Russia; Sanford M. Saunders, Greenberg Traurig LLP, Washington, DC; Scott Horton, Patterson Belknap Webb & Tyler LLP; President, International League for Human Rights, Director, Andrei Sakharov Foundation, New York, NY; Marshall Goldman, Associate Director, Harvard University Davis Center for Russian and Eurasian Studies, Cambridge, MA;Alexander N. Domrin, Senior Research Fellow and Head of International Programs, Institute of Legislation and Comparative Law of the Russian Federation, Visiting Professor, University of Iowa College of Law, Iowa City, IA | ||||||
| Moderator: Bruce W. Bean, Chair, Russia/Eurasia Committee, Stuart, FL (Program Chair) | ||||||
| Committee Sponsor: Russia/Eurasia Committee | ||||||
| 11:15 AM – 12:45 PM | ||||||
| Public-Private Partnerships: the Building and Financing of Infrastructure in Latin America in the 21st Century | ||||||
| The decade of the ’90s saw attempts to privatize public services, such as transport, electric generation and distribution, water and wastewater treatment and hospitals, with some limited success stories and many failures, in Latin America. Attempts to revisit and restructure the pure privatization model so that it is more likely to succeed in the conditions prevailing in Latin America have resulted in various public-private partnership approaches. This panel will explore alternative modes of building, ownership and financing of public infrastructure in several countries in Latin America with a view towards trend-spotting. | ||||||
| Speakers: Jean-Paul Chabaneix, Rodrigo, Elias & Medrano Abogados, Lima, Peru (Program Co-Chair); Michell Nader S., Jáuregui, Navarrete, Nader y Rojas, Mexico City, Mexico; Isabel Franco, Demarest & Almeida Advogados, São Paulo, Brazil; Silvia B. Sagari, Chief of Finance and Infrastructure, Inter-American Development Bank (IADB), Washington, DC; Andrew I. Gunther, Principal Investment Officer, International Finance Corporation, Washington, DC | ||||||
| Program Co-Chairs: Carol M. Mates, International Finance Corporation, Washington, DC; Yves Hayaux-du-Tilly Laborde, Jáuregui, Navarrete, Nader y Rojas, S.C., Mexico, DF | ||||||
| Committee Sponsors: Latin America and Caribbean Committee, International Investment and Development Committee | ||||||
| CONCURRENT SESSION | ||||||
| Trade and Public Health: Balancing Trade Law and Health Law Considerations in Responding to Public Health Crises in Developing Countries | ||||||
| The Doha Declaration on TRIPS and Public Health represents an important compromise for developing countries trying to meet their public health needs while complying with trade regulations. The TRIPS agreement recognizes that, under certain circumstances, exceptions to intellectual property rights are permitted to safeguard public health. Challenges lie in the interpretation of Art. 30 of TRIPS, which provides for an exception to patent rights, and amendments to Art. 31(f) of TRIPS, which permits an exception for pharmaceutical production for primarily domestic purposes. Under what circumstances are such exceptions to the Agreement justified? Specifically, can these exceptions be used effectively to respond to public health crises in the most affected areas such as Sub-Saharan Africa in response to the HIV/AIDS crisis? The program will:
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| Speakers: Dr. Desmond Johns, Director, Joint United Nations Program on HIV/AIDS, New York, NY; Chinua Akukwe, Adjunct Professor, School of Health; Michele Forzley, Director of Commercial Alliances and Health Networks for PSP-1, Washington, DC | ||||||
| Program Co-Chairs: Myra Frazier, Vice-Chair, African Human Rights Sub-Committee, U.S. Environment Protection Agency, Washington, DC; Jonathan Todres, Chair, International Health Law Committee, New York, NY; James Passamano, International Health Law Committee, Sufian & Passamano LLP, Houston, TX | ||||||
| Committee Sponsors: International Human Rights Committee, International Health Law Committee | ||||||
| 2:45 PM – 4:15 PM | ||||||
| Reforming the UN Human Rights Commission | ||||||
| The UN Human Rights Commission is failing to carry out its vital mission of setting international human rights standards and exposing violations. After a sorry record in recent years of failing to condemn genocide in Sudan and electing Libya as Chair, the need for reform has become urgent. The Section’s Task Force on Reform of the UN Human Rights Commission, which includes members with wide experience in dealing with the Commission, has completed its report which offers numerous recommendations for improving the performance of the Commission. The recommendations include a restored focus on legally-enforceable human rights, a Code of Conduct pledging members of the Commission to honor their obligations under human rights treaties to which they are party and to cooperate in investigations of the Commission, the imposition of appropriate sanctions, including disqualification from future membership, for violations of the Code, enhancing the professionalism of the Commission’s investigative processes, and promoting the rule of law. | ||||||
| Speakers: The Hon. Tom Lantos, Member of Congress (Ca. 12th District), Washington, DC; Ambassador Richard Schifter, former Ambassador to the UN Human Rights Commission and Assistant Secretary of State for Human Rights and Humanitarian Affairs, Arnold & Porter LLP, Washington, DC; Professor Paul R. Williams, Co-Rapporteur of the Task Force, American University Washington College of Law, Washington, DC; Professor Michael Scharf, Co-Rapporteur of the Task Force, Case Western Reserve University School of Law, Cleveland, OH | ||||||
| Moderator: Ambassador David E. Birenbaum, Chair, Task Force, and former Ambassador to the UN for UN Management and Reform, Fried, Frank, Harris, Shriver and Jacobson LLP, Washington, DC (Program Chair) | ||||||
| Committee Sponsor: Task Force on Reform of the UN Human Rights Commission | ||||||
| Co-Sponsor: Section of Individual Right and Responsibilities | ||||||
| 4:30 PM – 6:00 PM | ||||||
| International Fora for Practicing Human Rights – What are the Options? | ||||||
| This program will provide a comparative analysis of the various international fora that hear human rights grievances, including discussion of benefits and detriments to each of the systems, as well as review of notable recent human rights cases in each system, and recent trends. | ||||||
| Speakers: Christina Cerna, Inter-American Commission, Washington, DC; Dinah Shelton, George Washington University Law School, Washington, DC; Melissa Crow, Brooklyn Law School, New York, NY; Dean Claudio M. Grossman, American University Washington College of Law, Washington, DC; David Stewart, Assistant Legal Adviser for Diplomatic Law & Litigation, U.S. Department of State, Washington, DC | ||||||
| Program Co-Chairs: Nancy Kaymar Stafford, Georgetown University Law Center, Washington, DC; Gwynne Skinner, Public Interest Law Group PLLC, Seattle, WA | ||||||
| Committee Sponsor: International Human Rights Committee | ||||||
|
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| Wednesday, April 13th | ||||||
| 9:00 AM – 10:30 PM; 10:45 PM – 12:15 PM | ||||||
| Fundamentals of International Business Transactions (double session) | ||||||
| This is the first of a two-part program that addresses international letters of credit and the prosecution of international trade disputes, using two hypotheticals. | ||||||
| Speakers: Eric P. Salonen, Stewart & Stewart; former Attorney Advisor, ITC, Washington, DC; Stephen J. Powell, Director, International Trade Law Programs, University of Florida Levin College of Law; former Chief Counsel, Import Trade Administration, Gainesville, FL; Patrick Macrory, Akin, Gump, Strauss, Hauer & Feld LLP, Washington, DC | ||||||
| Moderator: Michael Wallace Gordon, University of Florida Levin College of Law, Gainesville, FL (Program Chair) | ||||||
| 2:15 PM – 3:45 PM | ||||||
| Responding to Changing Institutional Models in the International Electric Power Sector | ||||||
| This program will present an interactive panel discussion designed to describe and contrast institutional and legal reforms that have been undertaken in countries such as Brazil, New Zealand, Canada and South Africa, in response to imperfections in the local electricity markets caused by the first generation of electricity deregulation and in an effort to forestall impending power shortages. The program will emphasize the identification and mitigation of new elements of political and investment risk for foreign investors and foreign lenders and will include presentation of the business perspective of international financial institutions such as the IFC, OPIC, IADB lending or investing in each subject country. | ||||||
| Speakers: Dr. Jose Emilio Nunes Pinto, Advogado, São Paulo, Brazil; Hon. Shane Pospisil, Assistant Deputy Minister of Energy for Province of Ontario, Toronto, Canada; Denis McNamara, Simpson Grierson, Auckland, New Zealand | ||||||
| Program Co-Chairs: Jeffrey Barnes, Fraser Milner Casgrain LLP, Toronto, Canada, and New York, NY; Herbert Glaser, Haynes and Boone, LLP, Washington, DC | ||||||
| Sponsor: International Energy & Natural Resources Law Committee | ||||||
| 2:15 PM – 3:45 PM | ||||||
| International Mergers & Acquisitions: The Need for Enhanced Due Diligence with respect to Regulatory Compliance | ||||||
| This program will examine the heightened due diligence implications of recent cases, especially in the area of Foreign Corrupt Practices Act compliance, but also with respect to international regulatory compliance more generally, in recent mergers and acquisitions. FCPA cases to be discussed will include the 2004 ABB and Lockheed/Titan cases, Cardinal Health/Syncor, and Baker Hughes. The program will also address successor liability issues, as reflected in Justice Department opinions with respect to certain of these transactions and recent enforcement actions in the export control arena in which successors have been held responsible for a seller’s export control violations, even in the context of an asset purchase. | ||||||
| Speakers: Mark Mendelsohn, Deputy Chief, Fraud Division, U.S. Department of Justice, Washington, DC; Linda Thomsen, Deputy Director, Enforcement Division, Securities and Exchange Commission, Washington, DC; Roger Witten, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; Martin J. Weinstein, Willkie Farr & Gallagher, Washington, DC; Margaret Ayres, Davis Polk & Wardwell, Washington, DC (Program Co-Chair); | ||||||
| Moderator: Lucinda A. Low, Miller & Chevalier Chartered, Washington, DC (Program Co-Chair) | ||||||
| Committee Sponsor: Task Force on Standards for Corrupt Practices | ||||||
| 4:00 PM – 5:30 PM | ||||||
| The Future of International Project Finance: New Rules, New Problems, New Funding Sources | ||||||
| This program will address important new legal and business developments in the world of international project finance and focus on practical issues for companies, governments, financial institutions, and their counsel. | ||||||
| Speakers: Selma A. Barroso, Senior Counsel, International Finance Corporation, Washington, DC (Invited); Luis Dodero, General Counsel, Multilateral Investment Guarantee Agency, Washington, DC; Francis Skrobiszewski, Manager, Millenium Markets Partnership, Booz Allen Hamilton, former Senior Vice President, Hungarian-American Enterprise Fund, McLean, VA; Peter Saba, General Counsel, U.S. Export-Import Bank, Washington, DC; Walid Labadi, Senior Counsel and Team Leader, European Bank for Reconstruction and Development, London England; Thomas M. Duvall, III, Chief Counsel, Project and Co-Financing Legal Department, World Bank, Washington, DC; Hugh Thomas, Partner, Ashurst, London, England | ||||||
| Program Co-Chairs: James R. Silkenat, Arent Fox, New York, NY; Mark A. Garfinkel, Overseas Private Investment Corporation, Washington, DC | ||||||
| Committee Sponsors: International Securities and Capital Markets Committee, International Commercial Dispute Resolution Committee, International Financial Products and Services Committee, International Investment, Development and Privatization Committee | ||||||
| Thursday, April 14th | ||||||
| 9:00 AM – 10:30 AM | ||||||
| Employee Mobility for Multinational Companies — Employment, Benefits, Immigration and Tax Issues for Executive Expatriates | ||||||
| This program will feature a panel of experts from the employment, benefits, immigration and tax fields. The speakers will analyze hypotheticals addressing global mobility issues faced by multinational companies moving personnel around the globe. The program will have a specific focus on the international legal issues that face high net-worth, well-placed business executives crossing international borders and the complex income tax, estate tax and international wealth transfer planning issues that the executive might encounter. A change of employment or place of employment can create significant repercussions for executives and this panel will explore how such a move can impact the employee’s fiscal and legal status and what pre-move planning might be appropriate. A key focus will be upon the types of compensation and benefits that the executive might receive, including wages, deferred compensation, pensions, stock options, and fringe benefits and the role that a tax equalization agreement might play. | ||||||
| Speakers: Thomas Griebe, Taylor Wessing, Hamburg, Germany; Leslie Powell, Davenport Lyons, London, England; Alison Wright, Trucker Huss APC, San Francisco, CA; Clare Maurice, Allen & Overy LLP, London, England | ||||||
| Moderators: Erika Collins, Paul, Hastings, Janofsky & Walker LLP, New York, NY (Program Co-Chair); Stanley Barg, Duane Morris LLP, Philadelphia, PA | ||||||
| Program Co-Chair: Paul A. Sczudlo, Co-Chair, International Private Client Committee, Loeb & Loeb LLP, Los Angeles, CA | ||||||
| Committee Sponsors: International Employment Law Committee, International Private Client Committee | ||||||
| 9:00 AM – 10:30 AM | ||||||
| EU Legal Developments: What Do They Mean for You? | ||||||
| This program will bring the audience up to speed on the latest legal and business developments in the EU and the impact they will have on companies and clients. Using a roundtable format, the presenters will discuss current developments in the following areas: EU expansion and development of the federal framework; administrative law and the changing roles of key institutions such as the EU Parliament and the EU Commission; competition law; data protection; regulation of the employment relationship; corporate governance; and transnational practice. The speakers will also provide their views on the future of U.S.- EU trade relationship in light of the outcome of the U.S. elections in 2004. | ||||||
| Speakers: N. Jansen Calamita, Professor, George Mason University, and Office of the Legal Adviser, Department of State, Washington, DC; John Faylor, Mayer, Brown, Rowe & Maw LLP, Frankfurt, Germany; Eleanor Kinney, Professor, Indiana University, Indianapolis, IN; Chris Mesnooh, Hughes Hubbard & Reed LLP, Paris, France; Richard Alan Silberstein, Gómez-Acebo & Pombo, Barcelona, Spain (Program Chair) | ||||||
| Committee Sponsor: Europe Committee | ||||||
| Co-Sponsor: ABA Section of Administrative Law and Regulatory Practice | ||||||
| 10:45 AM – 12:15 PM | ||||||
| Economic Sanctions in the 21st Century | ||||||
| The United States has imposed economic sanctions to further national security and foreign policy goals for over 200 years. In light of recent sanctions events, including problems with the UN Oil-for-Food program in connection with multilateral sanctions on Iraq, the lifting of UN and U.S. sanctions against Libya, new sanctions imposed on Syria, the expanding circle of sanctions in the war on terrorism, and tightening sanctions on Cuba, this program will take a fresh look at U.S. and multilateral sanctions policy. The panel of speakers will address whether and under what conditions economic sanctions work and what makes them fail; is the concept of “targeted sanctions” viable; are all the costs of sanctions being adequately examined in the policy process; has the sanctions aspects of the war on terrorism informed our judgment on what are “effective” sanctions; and what will be the shape of future sanctions programs. | ||||||
| Speakers: His Excellency Allan Rock, Ambassador and Permanent Representative of Canada to the United Nations, New York, NY; Gary C. Hufbauer, Reginald Jones Senior Fellow, Institute for International Economics, Washington, DC; Daniel O’Flaherty, Executive Vice President, National Foreign Trade Council, Washington, DC; Stuart E. Eizenstat, Covington & Burling; former Deputy Secretary of the Treasury; former Under Secretary of Commerce for International Trade, Washington, DC; Peter Lichtenbaum, Acting Under Secretary of Commerce, US Department of Commerce, Washington, DC; Earl Anthony Wayne, Assistant Secretary of State, US Department of State, Washington, DC; | ||||||
| Program Co-Chairs: Kenneth B. Reisenfeld, Chair, ABA Section of International Law, Haynes and Boone, LLP, Washington, DC; Scott Maberry, Chair, Committee on Export Controls & Economic Sanctions, Fulbright & Jaworski, LLP, Washington, DC | ||||||
| Committee Sponsors: Export Controls & Economic Sanctions Committee, International Trade Committee | ||||||
| 10:45 AM – 12:15 PM | ||||||
| Protecting IP Against Antitrust Incursions: Refusals to Deal, Standard Setting, and Other Developments | ||||||
This program will highlight and discuss issues at the interface of antitrust and IP that will be relevant to competition law, IP law, and international business law generally. The panel would address a number of current issues that are important in the U.S., the EU, and in Japanese competition law, including:
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| Speakers: Mary L. Azcuenaga, Heller Ehrman White & McAuliffe LLP, Washington, DC; Riccardo Celli, O’Melveny & Myers LLP, Brussels, Belgium; George Addy, Davies Ward Phillips & Vineberg LLP, Toronto, Canada; M. Howard Morse, Drinker Biddle & Reath LLP, Washington, DC; James A. Murray, Intel Corp., Santa Clara, CA | ||||||
| Program Chair: Joseph Lavelle, Howrey Simon Arnold & White LLP, Washington, DC | ||||||
| Committee Sponsor: International Antitrust Law Committee | ||||||
| Co-Sponsoring Committee: International Intellectual Property Law Committee | ||||||
| 2:15 PM – 3:45 PM | ||||||
| How U.S. Trade Laws Can Be Used to Protect Valuable Intellectual Property | ||||||
| Intellectual property rights are an increasingly important component of any company’s economic assets. With the rapid integration of national economies through the global trading system, the protection of intellectual property rights in international trade is becoming a paramount concern. At the same time, many national jurisdictions continue to have weak laws or enforcement policies, creating a significant risk of infringement and theft of valuable IP. For example, intellectual property right protection is among the top issues for any company considering trade and investment in China. This program will examine the various ways companies can protect their intellectual property in cross-border trade and investment, and prevent infringing products or activities from adversely affecting profitability. The panel of experts will examine the procedures and remedies available through Section 337, an important trade remedy tool that has seen a significant increase in use before the International Trade Commission. Procedures enforced by U.S. customs authorities for registering IP and denying access to deceptive and infringing products will also be examined. Also, the availability and means for achieving global discovery of information essential to protecting IP will be discussed. |
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| Speakers: Honorable Charles Bullock, Administrative Law Judge, U.S. International Trade Commission, Washington, DC; Lynn Levine, Director, Office of Unfair Import Investigations, International Trade Commission, Washington, DC; George McCray, Chief, Intellectual Property Rights Branch, U.S. Customs and Border Protection, Washington, DC; Joel Talcott, General Counsel, Ampex Corporation, Redwood City, CA | ||||||
| Moderator: Charles Schill, Steptoe & Johnson LLP, Washington, DC | ||||||
| Program Chair: Scott E. Bain, Wiley Rein & Fielding LLP, Washington, DC | ||||||
| Committee Sponsors: International Trade Committee, International Intellectual Property Committee | ||||||
| 4:00 PM – 5:30 PM | ||||||
| A Survey of Transnational Entertainment and Media Law Issues | ||||||
| This program will discuss some of the most topical and difficult issues in U.S. and international transnational media and entertainment law, providing attendees with a comparative overview of how the law deals differently with various challenges in Canada, the U.S., the EU and Japan. High level speakers will provide insight for lawyers and their clients about the impact of disparate legal regimes on the music, television and other cultural industries in key areas including:
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| Speakers: Graham Henderson, President, Canadian Recording Industry Association, Toronto, Canada; Steven Marks, General Counsel, Recording Industry Association of America, Washington, DC; Miguel Ángel Rodríguez, Gómez-Acebo & Pombo, Madrid, Spain; Stephen Zolf, Heenan Blaikie LLP, Toronto, Canada; Tomohiro Tohyama, TMI Associates, Tokyo, Japan; Kurt A. Wimmer, Covington & Burling, Washington, DC | ||||||
| Program Co-Chairs: David Steinberg, Heenan Blaikie LLP, Toronto, Canada; Jeff Sanders, Seyfarth Shaw LLP, New York, NY | ||||||
| Committee Sponsor: Canada Committee | ||||||
| Co-Sponsoring Committee: Asia/Pacific Committee; Europe Committee | ||||||
| Friday, April 15th | ||||||
| 9:30 AM – 11:00 AM | ||||||
| Business Opportunities & Challenges in China Today | ||||||
| China’s economy is booming, with 2003 witnessing an almost 10% increase in gross domestic product and $47 billion in foreign direct investment, level with 2002 and an increase of 27% over 2001. A member of the WTO since 2001 and with the world’s largest population, today the People’s Republic of China presents increasingly attractive investment and other opportunities for foreign businesses. This program will explore the environment in China today for foreign investment and other business activities, analyzing opportunities in this nation for foreign enterprises, as well as related risks and the management of these risks. The program addresses broad legislative developments focusing on the financial sector of China’s economy and will include an overall summary of developments in, among other laws, the company law, the franchise law and the antitrust law. | ||||||
| Speakers: Amy L. Sommers, Squire, Sanders & Dempsey L.L.P., Shanghai, China; Henry Liu, Managing Director of HankPacific Group (New York and Beijing) which is a China-focused merchant banking firm, and former General Counsel and Director-General of China Securities Regulatory Commission (CSRC); Wenjie Niu, Director of Law Division and General Counsel, China Clear (formerly part of Shenzhen Stock Exchange), Shenzhen, China; Mary S. Podesta, Senior Counsel, Investment Company Institute, Washington, DC; Carson Wen, Partner, Heller Ehrman White & McAuliffe LLP, Hong Kong | ||||||
| Program Co-Chairs: Amy L. Sommers, Squire, Sanders & Dempsey L.L.P., Shanghai, China; Ying Z. White, The World Bank Group, Washington, DC; Richard B. Romney, Dewey Ballantine LLP, New York, NY | ||||||
| Committee Sponsors: China Committee International Investment and Development Committee | ||||||
| 9:30 AM – 11:00 AM | ||||||
| We Want to Outsource Services, But Where? | ||||||
| General Counsel of a U.S. Company is formulating a presentation for the Company’s Board on best places to outsource services. A top-notch team of foreign legal advisors from India, Vietnam and China come together to compare and contrast the options. This program focuses on the primary domestic and foreign legal issues a company faces when considering outsourcing, including tax, choice-of-entity, intellectual property, labor and employment and foreign investment and foreign exchange control. | ||||||
| Speakers: James J. Doody, III, Managing Director, Parallax Group Int’l, LLC, Glastonbury, CT; Dao Nguyen, Partner, Johnson Stokes & Master, Ho Chi Minh City, Vietnam; Anne Marie Plubell, The Plubell Firm LLC, Beijing, Washington, DC; Rajiv Khanna, Greenberg Traurig LLP, New York, NY | ||||||
| Moderator: Ravi Singhania, Singhania & Partners, New Delhi, India | ||||||
| Committee Sponsor: Asia/Pacific Committee | ||||||
| Co-Sponsoring Committee: China Committee | ||||||
| 9:30 AM – 11:00 AM | ||||||
| Russia’s Yukos Affair: The Use and Abuse of Law | ||||||
| Russia’s infamous "Yukos Affair," the all-out attack by the entire panoply of Russian governmental agencies and entities against Russia’s richest man, Mikhail Khodorkovsky, has been in the news for more than 18 months. The moves against Khodorkovsky, former CEO of Yukos, erstwhile "oligarch" and principal owner of Yukos Oil Co., began after he was perceived to have failed to honor the July 2000 understanding Russia’s oligarchs had reached with President Putin to stay out of politics. Pretrial detention of the accused, countless abuses of the attorney-client relationship, denial of medical assistance and government sponsored "discovery" by masked gunmen preceded a direct assault on Yukos Oil Co., the source of Khodorkovsky’s wealth. Tax assessments totaling nearly $30 billion were lodged against Yukos while its ability to pay these assessments was precluded when its bank accounts were frozen and asset sales forbidden. While Putin maintains that the Yukos and Khodorkovsky proceedings are strictly law enforcement matters for the Russian courts, the political nature of the Yukos Affair is vividly apparent to the rest of the world, including several courageous Ministers and advisors in the Russian government. The farcical December 2004 auction of Yukos’s principal operating subsidiary made permanent the destruction of Yukos’s more than $30 billion in market value held by more than 60,000 innocent shareholders. Panel members will offer their differing views of the Yukos Affair and its implications for the Rule of Law in Russia. | ||||||
| Speakers: Sarah C. Carey, Squire, Sanders & Dempsey LLP; former Member, Yukos Board of Directors; former Chair, Yukos Board of Directors Corporate Governance Committee, Washington, DC, Moscow, Russia; Sanford M. Saunders, Greenberg Traurig LLP, Washington, DC; Scott Horton, Patterson Belknap Webb & Tyler LLP; President, International League for Human Rights, Director, Andrei Sakharov Foundation, New York, NY; Marshall Goldman, Associate Director, Harvard University Davis Center for Russian and Eurasian Studies, Cambridge, MA;Alexander N. Domrin, Senior Research Fellow and Head of International Programs, Institute of Legislation and Comparative Law of the Russian Federation, Visiting Professor, University of Iowa College of Law, Iowa City, IA | ||||||
| Moderator: Bruce W. Bean, Chair, Russia/Eurasia Committee, Stuart, FL (Program Chair) | ||||||
| Committee Sponsor: Russia/Eurasia Committee | ||||||
| 11:15 AM – 12:45 PM | ||||||
| Public-Private Partnerships: the Building and Financing of Infrastructure in Latin America in the 21st Century | ||||||
| The decade of the ’90s saw attempts to privatize public services, such as transport, electric generation and distribution, water and wastewater treatment and hospitals, with some limited success stories and many failures, in Latin America. Attempts to revisit and restructure the pure privatization model so that it is more likely to succeed in the conditions prevailing in Latin America have resulted in various public-private partnership approaches. This panel will explore alternative modes of building, ownership and financing of public infrastructure in several countries in Latin America with a view towards trend-spotting. | ||||||
| Speakers: Jean-Paul Chabaneix, Rodrigo, Elias & Medrano Abogados, Lima, Peru (Program Co-Chair); Michell Nader S., Jáuregui, Navarrete, Nader y Rojas, Mexico City, Mexico; Isabel Franco, Demarest & Almeida Advogados, São Paulo, Brazil; Silvia B. Sagari, Chief of Finance and Infrastructure, Inter-American Development Bank (IADB), Washington, DC; Andrew I. Gunther, Principal Investment Officer, International Finance Corporation, Washington, DC | ||||||
| Program Co-Chairs: Carol M. Mates, International Finance Corporation, Washington, DC; Yves Hayaux-du-Tilly Laborde, Jáuregui, Navarrete, Nader y Rojas, S.C., Mexico, DF | ||||||
| Committee Sponsors: Latin America and Caribbean Committee, International Investment and Development Committee | ||||||
| 11:15 AM – 12:45 PM | ||||||
| China + 1: M&A Related Due Diligence in China, Thailand & Vietnam | ||||||
| Many investors in Asia are now adopting a “China + 1” strategy where an investment is made in China and one other Asian country for purposes of diversifying risk. Two of the more popular “plus one” jurisdictions are Thailand and Vietnam. This program will explore and compare the issues that can arise during M&A related due diligence in China, Thailand or Vietnam. | ||||||
| Speakers: David Roberts, O’Melveny & Myers LLP, Beijing, China; David Chen , Deheng Law Offices, Beijing, China; Jeremy Low, Allens Arthur & Robinson, Shanghai, China; Douglas Mancill, Deacons, Bangkok, Thailand; Luu Tien Ngoc, Vision & Associates, HCHC, Vietnam | ||||||
| Program Chair: Kevin Hobgood-Brown, Deacons, Sydney, Australia | ||||||
| Committee Sponsors: China Committee, Asia/Pacific Committee | ||||||
| 11:15 AM – 12:45 PM | ||||||
| International Branding Through Master Franchising | ||||||
| Master franchising is the preferred vehicle for exporting U.S. franchise brands to foreign countries — it is an arrangement under which the U.S. franchiser grants a resident of a foreign country the right to replicate the franchise brand in the master franchisee’s country. Master franchising arrangements vary considerably based on industry practices, in economy, customs and culture of the master franchisee’s country, the laws that govern franchising in the master franchisee’s country, and the types and degree of support to be provided. This program will explore the basics of forming an international master franchise relationship, using a fictitious lodging industry franchise as the model. The presentation will include best practices observations from four perspectives – those of a U.S. franchiser’s outside franchise counsel; the franchiser’s in-house franchise counsel; foreign counsel to the franchiser; and counsel to a foreign master franchise prospect. |
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| Speakers: W. Andrew Scott, Paul Hasting Janofsky & Walker LLP, Atlanta, GA; Christopher A. Nowak, International Counsel, Hospitality Division, Cendant Corporation, Parsippany, NJ; Markus Cohen, QC, Toronto, Canada; Andrew P. Loewinger, Nixon Peabody LLP, Washington, DC; Carl Zwisler, Haynes and Boone LLP, Washington, DC | ||||||
| Moderator: Erik B. Wulff, DLA Piper Rudnick Gray Cary U.S. LLP, Washington, DC | ||||||
| Committee Sponsor: International Franchising Subcommittee of the International Commercial Transactions Committee | ||||||
| 2:45 PM – 4:15 PM, 4:30 PM – 6:00 PM | ||||||
| The Sonic Boom: How to Advise and Protect Your Client in Bankruptcies Heard Around the World (double session) | ||||||
| This program will comprise three sessions in which attendees will learn how to navigate the complex issues involved in international bankruptcies and hear about developments. | ||||||
| Session One: Rumblings and Vibrations — How Good Are The Numbers? (2:45-3:30) The program opens with a practical session on recognizing the early warning signs of a company in financial trouble. This session will examine what goes into the creation of a company’s financial numbers, and the reliance on these financial numbers by management, investors, creditors, suppliers and stakeholders. |
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| Session Two: “Explosion — Causes of Action Worldwide” (3:30-4:15) This session will examine recent developments with regards to significant international bankruptcy litigation, including potential pitfalls associated with dealing with a multijurisdictional debtor. |
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| Session Three: “When the Smoke Clears — Finding a Foothold” (4:30-6:00) This session will examine the myriad jurisdictional issues arising during an international bankruptcy. This will include choice of law arguments, cooperation between jurisdictions and a discussion of developments under UNCITRAL Model Law and European Regulation. |
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| Speakers- Session One: Joshua R. Cammaker, Wachtell Lipton, Rosen & Katz, New York, NY; Leon Szlezinger, Mesirow Financial, New York, NY; Neil Hayward, PwC Global Restructuring Services, New York, NY; William Q. Derrough, Jefferies & Company, Inc., New York, NY; Rhonda Schnare, International Affairs Division, Public Company Accounting Oversight Board, Washington, DC Moderator: Wayne J. Carroll, PwC Deutsche Revision AG, Frankfurt, Germany Session Two: Zack A. Clement, Fulbright & Jaworski, LLP, Houston, TX; Dennis J. Drebsky, Nixon Peabody LLP, New York, NY; Uwe Eyles, Latham & Watkins LLP, Frankfurt, Germany; Madlyn Gleich Primoff, Kaye Scholer, New York, NY; Lisa Curran, Allen & Overy LLP, Rome, Italy Moderator: D. Bobbit Noel, Jr., Vinson & Elkins LLP, Houston, TX Session Three: Andrew J.F. Kent, McMillan Binch LLP, Toronto, ON; Evan D. Flaschen, Bingham McCutchen LLP, Hartford, CT; Don S. DeAmicis, Ropes & Gray LLP, Boston, MA; Adam Maerov, McMillan Binch LLP, Toronto, ON Moderator: Judith Elkin, Haynes and Boone, LLP, New York, NY |
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| Program Co-Chairs: Gary S. Lee, Lovells, New York, NY; Dina Gielchinsky, Lovells, New York, NY; Andrew J.F. Kent, McMillian Binch LLP, Toronto, ON | ||||||
| Committee Sponsors: Financial Products and Services Committee, International Mergers and Acquisitions and Joint Ventures Committee, International Secured Transactions and Insolvency Committee | ||||||
| Co-Sponsors: Financial Services Division of the International Bar Association, American Society of International Law, International Dispute Resolution Committee | ||||||
| 2:45 PM – 4:15 PM | ||||||
| The Multinational Corporation & Developing Countries: Discrimination, Litigation, and Compliance, & Voluntary Codes of Conduct | ||||||
| Labor and employment compliance for the multinational corporation historically has been local in nature. Increasingly, however, multinational corporations find their employment practices subject to what may be called global law. For example, U.S. anti-discrimination laws are slowly, but surely, being exported to the European Union, which has issued directives prohibiting employment discrimination based on numerous protected factors. U.S. law and the experience of U.S. companies and courts are a model for many of these new overseas obligations. Multinational corporations thus face difficult decisions as to what should be the applicable standards for their activities, especially regarding labor practices and the environment. Local laws often are lacking, or are inadequate, marked by poor enforcement. Faced with the extra-territorial effect of U.S. employment law prohibiting discrimination, as well as the equally disconcerting risk of adverse publicity caused by accusations of unfair employment practices, some multinational corporations develop international labor compliance programs. To fill gaps in enforceable standards, many multinationals are adopting codes of conduct developed by international institutions ranging from the United Nations to various non-governmental organizations (NGO’s). This program will discuss some of the most important topics facing the multinational corporation today: the extra-territorial effect of U.S. employment laws, the companies’ response to those laws, company compliance programs and voluntary codes of conduct affecting the multinational corporation. This program will explore common grounds of compliance and enforcement, as well as best practices for multinational corporations. |
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| Speakers: Philip M. Berkowitz, Nixon Peabody LLP, New York, NY; Prof. Barry E. Carter, Georgetown University Law Center, Washington, DC; Pascale Lagesse, Freshfields, Bruckhaus Deringer, Paris, France; Philip I. Weis, Senior Corporate Counsel, Pfizer Inc., New York, NY; Auret van Heerden, Fair Labor Association, Washington, DC; Salli Swartz, Phillips Giraud Naud & Swartz, Paris, France | ||||||
| Moderator: Hon. Marilyn Justman Kaman, Minnesota District Judge, Minneapolis, MN | ||||||
| Committee Sponsor: Labor and Employment Law Committee | ||||||
| 4:30 PM – 6:00 PM | ||||||
| Going Global with Your Client | ||||||
| This program will provide knowledge to help U.S. and foreign attorneys understand the legal issues that they are likely to encounter as their companies and clients become global businesses. The moderator will act as the general counsel of a company that suddenly finds itself doing business overseas. Speakers are a blend of business people and attorneys who have run into these issues. They will address different agreements and legal topics from the standpoint of various geographical regions, for instance manufacturing agreements in Asia, licensing agreements in Europe, and imports from Maquiladora projects. | ||||||
| Speakers: Campbell Barnum, VP Business Development, D.D. Williamson, New Orleans, LA; Jingming Duan, Esq, President, Beltz International; Steve Goldman, Associate General Counsel, Marriott International, Bethesda, MD; Richard Maggio, Pillsbury Winthrop LLP, San Francisco, CA | ||||||
| Moderators: Alan Gutterman, ASI Computer Technologies Inc., Fremont, CA; Robert L Brown, Greenebaum Doll & McDonald, Pllc, Louisville, KY (Program Chair) | ||||||
| Committee Sponsors: Asia/Pacific Committee, Europe Committee | ||||||
| 4:30 PM – 6:00 PM | ||||||
| International Trade in the Time of Sarbanes-Oxley | ||||||
| Companies engaged in international trade are generally aware of the legal requirements for compliance with the import, export and trade regulations. Agencies as diverse as Customs & Border Protection, the Bureau of Industry and Security, the Food and Drug Administration, and the Treasury’s Office of Foreign Assets Control all impose compliance responsibilities on companies. What many companies may have missed is that failure to properly comply with any of these requirements may represent an event that should be reported to the corporate audit committee or outside auditors. Under Sarbanes-Oxley, international trade compliance has taken on a new dimension relating to corporate governance, and, ultimately, to the very value of the company’s stock. This program will help those responsible for trade compliance make the link between those activities and Sarbanes-Oxley compliance. | ||||||
| Speakers: Ethiopis Tafara, Director of International Affairs, Securities and Exchange Commission, Washington, DC; Su Ross, Rodriguez O’Donnell Ross Fuerst Gonzalez & Williams P.C., Los Angeles, CA; O’Neil L. Woelke, DaimlerChrysler Corp., Highland Park, MI; Prof. Donald Langevoort, Georgetown Law Center, Washington, DC; Larry Christensen, Vastera, Inc., Dulles, VA | ||||||
| Program Co-Chairs: Lawrence M. Friedman, Barnes, Richardson & Colburn, Chicago, IL; Maria DiGiulian, Sidley, Austin, Brown & Wood LLP, Washington, DC; Scott Maberry, Fulbright & Jaworski LLP, Washington, DC | ||||||
| Committee Sponsors: Customs Law Committee, International Trade Committee, Export Controls & Economic Sanctions Committee | ||||||
|
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| Thursday, April 14th | ||||||
| 10:45 AM – 12:15 PM | ||||||
| Arbitration in Asia: A Comparative Review | ||||||
| This program will present an analysis of the amenability and readiness of countries in Asia to permit, participate in arbitrations and enforce arbitration awards. The program will look at how arbitration works in each country, how often it is used, how efficient it is, restrictions (if any) on participation by foreign lawyers and the difficulty or ease of enforcing arbitration awards in each country. It will offer a practical examination by regional experts of arbitration law and practice in Asian venues such as China, Hong Kong, Japan, Singapore and Thailand. Panel remarks are expected to address important institutions such as CIETAC and SIAC, treaty adherence, the role of the rule of law in arbitral jurisprudence, foreign practice restrictions, effective arbitration clause drafting, and award enforcement. | ||||||
| Speakers: Kenji Hirooka, Mori, Hamada and Matsumoto, Tokyo, Japan; Fayun Chen, Jinding Partners, Jiangsu, China; Indranee Rajah, Drew & Napier, LLC, Singapore; Douglas Mancill, Deacons, Bangkok, Thailand | ||||||
| Program Chair: Qiang Bjornbak, Law Offices of Qiang Bjornbak, Los Angeles, CA | ||||||
| Committee Sponsors: China Committee, Asia/Pacific Committee | ||||||
| Co-Sponsoring Committee: International Dispute Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law International Dispute Resolution Committee | ||||||
| 2:15 PM – 3:45 PM | ||||||
| Fifth Annual Law School Deans/Practitioners Roundtable — Teaching and Training Lawyers for Asian Practice: A Paradigm for Future Legal Education | ||||||
| This Fifth Annual Roundtable features international law practitioners with active Asian practices discussing with major legal educators the education and training necessary to respond to the needs of business and legal practice in Asia. The practitioners will set out the practice criteria and the law school deans will discuss them in terms of legal education approaches that can be employed to produce law school graduates who can work effectively in Asian cultures and employ Western practice norms. | ||||||
| Speakers: Robert J. Reinstein, Dean, Temple University James E. Beasley School of Law, Philadelphia, PA; Mary C. Daly, Dean, St. John's University School of Law, New York, NY; Ying Z.White, The World Bank, Counsel, Finance, Co-Chair, ABA China Committee, Wahsington, D.C.; Sara Sandford, Garvey Schubert Barer, Seattle, WA; Amy L. Sommers, Squire Sanders & Dempsey LLP, Shanghai, China; Steven C. Nelson, Dorsey & Whitney LLP, Hong Kong; Frederic White, Dean, Golden Gate University School of Law, San Francisco, CA; Harold J. Krent, Dean, Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, IL | ||||||
| Moderators: Claudio M. Grossman, Dean, American University Washington College of Law, Washington, DC (Program Co-Chair); Robert E. Lutz, Southwestern University School of Law, Los Angeles, CA (Program Co-Chair); Aaron Schildhaus, Law Offices of Aaron Schildhaus, Washington, DC (Program Co-Chair) | ||||||
| Committee Sponsors: Law Student, LLM and New Lawyer Outreach Committee Asia/Pacific Committee China Committee | ||||||
| 4:00 PM – 5:30 PM | ||||||
| World Agricultural Trade — Rules, Commitments and the Future: With a Special Focus on U.S.-China Trade Relations | ||||||
| This program will address rules and commitments under the WTO Agreement on Agriculture and recent developments in the Doha Round negotiations, with a special focus on the U.S.–China bilateral agreement on agricultural trade. The program will provide an opportunity to learn more about U.S. efforts to liberalize trade, the current status of international agricultural negotiations, recent developments in the U.S.-China trade in food and agriculture, China’s revision of its laws and regulations in light of WTO commitments, and opportunities and challenges these new regulations bring to foreign businesses. | ||||||
| Speakers: Weining Zhao, Embassy of the People’s Republic of China, Hong Kong; Ann Tutwiler, International Food & Agriculture Policy Council, Washington, DC; Ruth Jin, International Consultant, O’Melveny & Myers, LLP; The University of Tokyo, Washington, DC; Deborah Henke, Foreign Agricultural Service, U.S. Department of Agriculture, Washington, DC | ||||||
| Program Co-Chairs: Wai-ping Chan, United States Department of Agriculture, Washington, DC; Daniel B. Pickard, Wiley Rein & Fielding LLP, Washington, DC | ||||||
| Committee Sponsors: China Committee, International Trade Committee | ||||||
| Friday, April 15th | ||||||
| 9:30 AM – 11:00 AM | ||||||
| Business Opportunities & Challenges in China Today | ||||||
| China’s economy is booming, with 2003 witnessing an almost 10% increase in gross domestic product and $47 billion in foreign direct investment, level with 2002 and an increase of 27% over 2001. A member of the WTO since 2001 and with the world’s largest population, today the People’s Republic of China presents increasingly attractive investment and other opportunities for foreign businesses. This program will explore the environment in China today for foreign investment and other business activities, analyzing opportunities in this nation for foreign enterprises, as well as related risks and the management of these risks. The program addresses broad legislative developments focusing on the financial sector of China’s economy and will include an overall summary of developments in, among other laws, the company law, the franchise law and the antitrust law. | ||||||
| Speakers: Amy L. Sommers, Squire, Sanders & Dempsey L.L.P., Shanghai, China; Henry Liu, Managing Director of HankPacific Group (New York and Beijing) which is a China-focused merchant banking firm, and former General Counsel and Director-General of China Securities Regulatory Commission (CSRC); Wenjie Niu, Director of Law Division and General Counsel, China Clear (formerly part of Shenzhen Stock Exchange), Shenzhen, China; Mary S. Podesta, Senior Counsel, Investment Company Institute, Washington, DC; Carson Wen, Partner, Heller Ehrman White & McAuliffe LLP, Hong Kong | ||||||
| Program Co-Chairs: Amy L. Sommers, Squire, Sanders & Dempsey L.L.P., Shanghai, China; Ying Z. White, The World Bank Group, Washington, DC; Richard B. Romney, Dewey Ballantine LLP, New York, NY | ||||||
| Committee Sponsors: China Committee International Investment and Development Committee | ||||||
| CONCURRENT SESSIONS | ||||||
| 9:30 AM - 11:00 AM | ||||||
| We Want to Outsource Services, But Where? | ||||||
| General Counsel of a U.S. Company is formulating a presentation for the Company’s Board on best places to outsource services. A top-notch team of foreign legal advisors from India, Vietnam and China come together to compare and contrast the options. This program focuses on the primary domestic and foreign legal issues a company faces when considering outsourcing, including tax, choice-of-entity, intellectual property, labor and employment and foreign investment and foreign exchange control. | ||||||
| Speakers: James J. Doody, III, Managing Director, Parallax Group Int’l, LLC, Glastonbury, CT; Dao Nguyen, Partner, Johnson Stokes & Master, Ho Chi Minh City, Vietnam; Anne Marie Plubell, The Plubell Firm LLC, Beijing, Washington, DC; Rajiv Khanna, Greenberg Traurig LLP, New York, NY | ||||||
| Moderator: Ravi Singhania, Singhania & Partners, New Delhi, India | ||||||
| Committee Sponsor: Asia/Pacific Committee | ||||||
| Co-Sponsoring Committee: China Committee | ||||||
| 11:15 AM – 12:45 PM | ||||||
| China + 1: M&A Related Due Diligence in China, Thailand & Vietnam | ||||||
| Many investors in Asia are now adopting a “China + 1” strategy where an investment is made in China and one other Asian country for purposes of diversifying risk. Two of the more popular “plus one” jurisdictions are Thailand and Vietnam. This program will explore and compare the issues that can arise during M&A related due diligence in China, Thailand or Vietnam. | ||||||
| Speakers: David Roberts, O’Melveny & Myers LLP, Beijing, China; David Chen , Deheng Law Offices, Beijing, China; Jeremy Low , Allens Arthur & Robinson, Shanghai, China; Douglas Mancill, Deacons, Bangkok, Thailand; Luu Tien Ngoc, Vision & Associates, HCHC, Vietnam | ||||||
| Program Chair: Kevin Hobgood-Brown, Deacons, Sydney, Australia | ||||||
| Committee Sponsors: China Committee, Asia/Pacific Committee | ||||||
| 2:45 PM – 4:15 PM | ||||||
| Responding to Antidumping Investigations Initiated by the Chinese Investigatory Authorities | ||||||
| The program is designed to give the audience an introduction to Chinese antidumping proceedings and practice. The program will be introduced by the Chinese official in charge of antidumping investigations. This official will address the requirements for the initiation of an antidumping investigation, procedures for responding in such investigations, and the actions that may be taken by the Chinese regulatory authorities. Lawyers who are experienced in representing respondents will then speak on how to effectively participate in an investigation and share their insights on how to seek a favorable determination. The program will also give first hand information on developments in the area of Chinese antidumping law and policy. | ||||||
| Speakers: Hejun Wang, Commissioner, Bureau of Fair Trade of Import and Export, Ministry of Commerce of the PRC (“MOFCOM”), Beijing, China; Yong Ren, Managing Partner, T&D Associates, P.R. China; Craig Lewis, Hogan & Hartson LLP, Washington, DC; Duane Layton, Miller & Chevalier Chtd, Washington, DC | ||||||
| Program Co-Chairs: Jun Wei, Hogan & Hartson LLP, Beijing, China; Jeffrey Gerrish, Skadden Arps Slate Meagher & Flom LLP, Washington, DC | ||||||
| Committee Sponsor: China Committee | ||||||
| Committee Co-Sponsor: International Trade Committee | ||||||
|
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| Thursday, April 14th | ||||||
| 9:00 AM – 10:30 AM | ||||||
| International Litigation: A User’s Manual | ||||||
| A Showcase inspired by the Section’s new publication, The International Litigation Manual, this program will consider strategic and practical aspects of complex transborder disputes. A panel composed of top practitioners who authored chapters for The Manual will share their secrets and strategies for understanding and overcoming the complexities of transnational litigation. Topics covered will include basic differences between Common law and Civil law proceedings, provisional measures, common defensive maneuvers, taking evidence abroad, and the use of the arbitration alternative. | ||||||
| Speakers: Glenn P. Hendrix, Arnall Golden Gregory LLP, Atlanta, GA; Carolyn B. Lamm, White & Case LLP, Washington, DC; Kenneth B. Reisenfeld, Chair, ABA Section of International Law, Haynes and Boone, LLP, Washington, DC; Jonathan I. Blackman, Cleary Gottlieb Steen & Hamilton LLP, New York, NY; James E. Johnson, Debevoise & Plimpton LLP, New York, NY | ||||||
| Moderator: Barton Legum, Debevoise & Plimpton LLP, Paris, France (Program Chair) | ||||||
| Committee Sponsor: International Dispute Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law, International Dispute Resolution Committee | ||||||
| 10:45 AM – 12:15 PM | ||||||
| Arbitration in Asia: A Comparative Review | ||||||
| This program will present an analysis of the amenability and readiness of countries in Asia to permit, participate in arbitrations and enforce arbitration awards. The program will look at how arbitration works in each country, how often it is used, how efficient it is, restrictions (if any) on participation by foreign lawyers and the difficulty or ease of enforcing arbitration awards in each country. It will offer a practical examination by regional experts of arbitration law and practice in Asian venues such as China, Hong Kong, Japan, Singapore and Thailand. Panel remarks are expected to address important institutions such as CIETAC and SIAC, treaty adherence, the role of the rule of law in arbitral jurisprudence, foreign practice restrictions, effective arbitration clause drafting, and award enforcement. | ||||||
| Speakers: Kenji Hirooka, Mori, Hamada and Matsumoto, Tokyo, Japan; Fayun Chen, Jinding Partners, Jiangsu, China; Indranee Rajah, Drew & Napier, LLC, Singapore; Douglas Mancill, Deacons, Bangkok, Thailand | ||||||
| Program Chair: Qiang Bjornbak, Law Offices of Qiang Bjornbak, Los Angeles, CA | ||||||
| Committee Sponsors: China Committee, Asia/Pacific Committee | ||||||
| Co-Sponsoring Committee: International Dispute Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law International Dispute Resolution Committee | ||||||
| 2:15 PM – 3:45 PM | ||||||
| Recent Developments in International Litigation and Arbitration (Part I: Roundtable on Private International Law Projects Affecting the Transnational Practitioner) | ||||||
| The first part of a two-program sequence, this panel of top experts will consider significant current developments in private international law likely to affect business planning and dispute resolution, including the Hague Conference’s Choice of Court Convention, recent work on the evidence and service conventions, and the current work concerning enforcement of judgments underway at the American Law Institute and the National Conference of Commissioners on Uniform State Laws. Related U.S. and European Court of Justice decisions will also be discussed. | ||||||
| Speakers: Jeff Kovar, Assistant Legal Advisor for Private International Law, Department of State, U.S. delegation to the Hague Conference, Washington, DC; Glenn P. Hendrix, Arnall Golden Gregory LLP, Atlanta, GA; Professor Linda Silberman, New York University, New York, NY | ||||||
| Moderator: Professor Louise Ellen Teitz, Roger Williams University School of Law, Bristol, RI | ||||||
| Committee Sponsor: International Dispute Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law International Dispute Resolution Committee | ||||||
| 4:00 PM – 6 :00 PM | ||||||
| Recent Developments in International Litigation and Arbitration (Part II: Awards under the New York Convention — Important Issues; and Survey of Recent Jurisprudence Affecting International Litigation and Arbitration) (extended session) | ||||||
| This is an extended, two-hour, two-panel program undertaken in conjunction with the earlier Roundtable on Private International Law. The main component of this session will be a panel addressing issues of importance in proceedings under the New York Arbitration Convention. After an introduction to the content and operation of the Convention’s recognition and enforcement provisions, discussion will examine the status of annulled awards (and their potential enforcement), Article III “escape hatches” (e.g., personal jurisdiction and forum non conveniens), unique problems raised by sovereign parties, and the treatment of awards issued in investor-state arbitrations. The program will conclude with a joint annual review of important developments in international litigation, arbitration and mediation, featuring speakers from the International Litigation and International Commercial Dispute Resolution Committees. | ||||||
| Speakers: Mark Friedman, Debevoise Plimpton LLP, London, England; Pierre-Yves Gunter, Python Schifferli Peter & Partners, Geneva, Switzerland; Karyl Nairn, Skadden Arps Slate Meagher & Flom LLP, London, England (Invited); Professor William (“Rusty”) Park, Boston University, Boston, MA; Ben H. Sheppard, Jr., Vinson & Elkins LLP, Houston, TX | ||||||
| Program Chair: Professor Jack Coe, Jr., Pepperdine School of Law, Malibu, CA | ||||||
| Committee Sponsor: International Commercial Dispute Resolution Committee | ||||||
| Co-Sponsor American Society of International Law International Dispute Resolution Committee | ||||||
| Friday, April 15th | ||||||
| 11:15AM – 12:45 PM | ||||||
| Investor-State Arbitration: Candid Q & A About Arbitrators and Their Work | ||||||
| After a short introduction to the central characteristics of investor-state arbitration, a roundtable comprised of experienced advocates and arbitrators will address, through Q & A, the role of arbitrators in investor-state proceedings. Discussion is expected to include recent developments in relation to appointment, competency and challenge of arbitrators, evidentiary matters, and deliberations of the tribunal and calls for reform. | ||||||
| Speakers: Professor Todd Weiler, NAFTAClaims.com, Windsor, ON, Canada; Lucinda Low, Miller & Chevalier, Chtd., Washington, DC; Daniel Price, Sidley Austin, Brown & Wood LLP, Washington, DC; Marc Lalonde, Stikeman Elliott, Montreal, Canada ; Andrea Menaker, Chief, NAFTA Arbitration Division, U.S. State Department, Washington, DC; Doak Bishop, Vice-Chair, Institute of Transnational Arbitration, Houston, TX | ||||||
| Moderator: Henri Alvarez, Fasken Martineau DuMoulin LLP, Vancouver, Canada | ||||||
| Committee Sponsors: International Trade Committee, International Commercial Dispute, Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law International Dispute Resolution Committee | ||||||
| 1:00 PM – 2:30 PM | ||||||
| Luncheon (TICKETED EVENT) | ||||||
| LUNCHEON: SHOWCASE ADDRESS BY THE RIGHT HONORABLE THE LORD MUSTILL, Vice President, Court of Arbitration of the ICC, Former Judge, Appeal at Committee, House of Lords (DR) - Sponsored by Coudert Brothers LLP (TICKETED EVENT) | ||||||
| 2:45 PM – 4:15 PM, 4:30 PM – 6:00 PM | ||||||
| The Sonic Boom: How to Advise and Protect Your Client in Bankruptcies Heard Around the World (double session) | ||||||
| This program will comprise three sessions in which attendees will learn how to navigate the complex issues involved in international bankruptcies and hear about developments. | ||||||
| Session One: Rumblings and Vibrations — How Good Are The Numbers? (2:45-3:30) The program opens with a practical session on recognizing the early warning signs of a company in financial trouble. This session will examine what goes into the creation of a company’s financial numbers, and the reliance on these financial numbers by management, investors, creditors, suppliers and stakeholders. |
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| Session Two: “Explosion — Causes of Action Worldwide” (3:30-4:15) This session will examine recent developments with regards to significant international bankruptcy litigation, including potential pitfalls associated with dealing with a multijurisdictional debtor. |
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| Session Three: “When the Smoke Clears — Finding a Foothold” (4:30-6:00) This session will examine the myriad jurisdictional issues arising during an international bankruptcy. This will include choice of law arguments, cooperation between jurisdictions and a discussion of developments under UNCITRAL Model Law and European Regulation. |
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| Speakers- Session One: Joshua R. Cammaker, Wachtell Lipton, Rosen & Katz, New York, NY; Leon Szlezinger, Mesirow Financial, New York, NY; Neil Hayward, PwC Global Restructuring Services, New York, NY; William Q. Derrough, Jefferies & Company, Inc., New York, NY; Rhonda Schnare, International Affairs Division, Public Company Accounting Oversight Board, Washington, DC Moderator: Wayne J. Carroll, PwC Deutsche Revision AG, Frankfurt, Germany Session Two: Zack A. Clement, Fulbright & Jaworski, LLP, Houston, TX; Dennis J. Drebsky, Nixon Peabody LLP, New York, NY; Uwe Eyles, Latham & Watkins LLP, Frankfurt, Germany; Madlyn Gleich Primoff, Kaye Scholer, New York, NY; Lisa Curran, Allen & Overy LLP, Rome, Italy Moderator: D. Bobbit Noel, Jr., Vinson & Elkins LLP, Houston, TX Session Three: Andrew J.F. Kent, McMillan Binch LLP, Toronto, ON; Evan D. Flaschen, Bingham McCutchen LLP, Hartford, CT; Don S. DeAmicis, Ropes & Gray LLP, Boston, MA Moderator: Judith Elkin, Haynes and Boone, LLP, New York, NY; Adam Maerov, McMillan Binch LLP, Toronto, ON |
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| Program Co-Chairs: Gary S. Lee, Lovells, New York, NY; Dina Gielchinsky, Lovells, New York, NY; Andrew J.F. Kent, McMillian Binch LLP, Toronto, ON | ||||||
| Committee Sponsors: Financial Products and Services Committee, International Mergers and Acquisitions and Joint Ventures Committee, International Secured Transactions and Insolvency Committee | ||||||
| Co-Sponsors: Financial Services Division of the International Bar Association, American Society of International Law, International Dispute Resolution Committee | ||||||
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| Wednesday, April 13th | ||||||
| 1:00 PM - 2:30 PM | ||||||
| Luncheon (TICKETED EVENT) | ||||||
| The Origins of International Law and its Present and Future Application | ||||||
| Judge Stephen M. Schwebel, former Judge and President, International Court of Justice, and Judge Christopher Weeramantry, Former Vice President, Judge, International Court of Justice; former Justice, Supreme Court of Sri Lanka |
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| 4:00 PM – 6:00 PM | ||||||
| Cargo Security: Are We Safe Yet? (extended session) | ||||||
| The prevention of a weapon of mass destruction from entering the United States hidden in international cargo arriving in or destined for the United States is the primary mission of the new Bureau of Customs and Border Protection. The statutory basis for the far-reaching changes in CBP security policies have yet to be fully explored. In this program, we will look at the legal foundations for the interdiction of weapons of mass destruction. This program will focus on the legal base, both for U.S. law and international treaties, Customs has used in implementing changes in examining such cargo, as well as persons, and how successful Customs has been in fulfilling its mission. | ||||||
| Speakers: David Jones, Director, Corporate Security, Tommy Hilfiger, New York, NY; Aaron Gothelf, Customs Attorney, BP America Inc., Warrenville, IL; Sandra Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs and Borders Protection, Washington, D.C.; Roger Cressey, President, Good Harbor Consulting, LLC, Arlington, VA; Carol Fuchs, International Trade Counsel, Tyco International, Washington, DC; Howard Goldman, Legislative Counsel, Office of Chief Counsel, Transportation Security Administration, Washington, DC; | ||||||
| Program Chair: Peter Quinter, Becker & Poliakoff, PA, Ft. Lauderdale, FL (Program Moderator) | ||||||
| Committee Sponsors: Customs Law Committee, International Trade Committee | ||||||
| Thursday, April 14th | ||||||
| 9:00 AM – 10:30 AM | ||||||
| Nuclear Weapons, Our Security and the Law | ||||||
There are still over 30,000 nuclear weapons, most many times more destructive than Hiroshima. Thousands of Russian and American weapons remain on hair-trigger alert. This May, the UN will review the nonproliferation legal regime, centered on the Nuclear Nonproliferation Treaty (NPT). Severe challenges face this regime and the integrity of fulfillment of NPT commitments, with significant implications for international confidence in multilateralism and the rule of law. Among these issues are:
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| Speakers: Hon. Ed Markey, Member of Congress, Co-Chair, Bipartisan Task Force on Nonproliferation of the U.S. Congress, Boston, MA; Judge Christopher Weeramantry, former Vice President Judge, International Court of Justice, former Justice, Supreme Court of Sri Lanka; Admiral Stansfield Turner, USN (Ret.), former Director, U.S. Central Intelligence Agency, Washington, DC; Dan Poneman, Principal, Scowcroft Group, former staff member, U.S. National Security Council under Presidents George H.W. Bush and Clinton, Washington, DC | ||||||
| Moderator: Barry Kellman, Chair, National Security Committee, De Paul University, Chicago, IL | ||||||
| Program Chair: Jonathan Granoff, Vice Chair, National Security Committee, Law Offices of Jonathan Granoff, Bala Cynwyd, PA | ||||||
| Committee Sponsor: National Security Committee | ||||||
| Co-Sponsor: UN and International Institutions Coordinating Committee | ||||||
| 12:30 PM – 2:00 PM | ||||||
| Luncheon (TICKETED EVENT) | ||||||
| Perspectives on Intelligence and National Security | ||||||
| Jamie S. Gorelick, Member 9/11 Commission, Wilmer Cutler Pickering Hale and Dorr LLP, and Admiral Stansfield Turner, USN (Ret.), Former Director, CIA | ||||||
| 2:15 PM – 3:45 PM | ||||||
| The ICJ’s Advisory Competence and the Palestinian-Israeli Conflict: Legality of the Construction of a Wall in the Occupied Palestinian Territory | ||||||
| This program will explore the nature and consequences of the ICJ’s July 2004 advisory opinion that held that the construction of the wall being built by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, are contrary to international law. The panel will address the Wall opinion, the utility and legitimacy of the Court’s involvement in the Palestinian-Israeli conflict, the legal and prudential scope of the Court’s advisory jurisdiction, and what these inform us of the Court’s role in international dispute resolution in the 21st century. | ||||||
| Speakers: Pieter Bekker, Senior Counsel for Palestine before the ICJ, New York, NY; Tal Becker, Legal Adviser to Israel’s UN Mission, New York, NY; Mahmoud Hmoud, First Secretary and Legal Advisor to Jordan’s UN Mission, New York, NY; Geoffrey R. Watson, Catholic University Law School, Washington, DC | ||||||
| Moderator: Stephen M. Schwebel, former ICJ President, Washington, DC | ||||||
| Program Co-Chairs: Nancy Combs, Iran U.S. Claims Tribunal, The Hague, The Netherlands; Mark B. Rees, U.S. International Trade Commission, Washington, DC | ||||||
| Committee Sponsor: International Courts Committee | ||||||
| Co-Sponsoring Committees: International Human Rights Committee, UN and International Institutions Coordinating Committee, National Security Committee, Middle East Committee | ||||||
| Friday, April 15th | ||||||
| 7:45 AM – 9:15 AM | ||||||
| Committee Program — The Future of Repatriation: The Restitution of Sacred Items and Human Remains — International Cultural Property Committee | ||||||
| The Native American Graves Protection and Repatriation Act (NAGPRA) created a statutory scheme for addressing repatriation of Native American remains and certain objects held by museums within the United States. But what about other, non-Native American Indigenous objects of cultural patrimony? And, around the world, museums care for tens of thousands of sets of human remains, some identifiable and some not, some found within the borders of the institution’s country, and some originally from beyond their borders. There are no international laws addressing these areas, and only a few countries have laws similar to NAGPRA. This program will examine current attitudes towards repatriation and trends under NAGPRA, as well as how museums, research institutions and countries, in the absence of legislative guidance, have dealt with international or non- NAGPRA repatriation requests. The panelists will also discuss existing and proposed legislative responses, and examine the future of NAGPRA as well as international and non-NAGPRA repatriation requests. |
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| Speakers: Sherry Hutt, J.D., Ph.D., Manager, National NAGPRA Program, United States Department of the Interior, Washington, DC; Robert Paterson, Professor, Faculty of Law, University of British Columbia, Vancouver, Canada; Susan B. Bruning, Lecturer, Dedman School of Law, Department of Anthropology, Southern Methodist University, Dallas, Texas; Bill Billeck, Program Manager, Repatriation Program, Department of Anthropology, National Museum of Natural History, Washington, DC | ||||||
| Moderator: Bonnie Czegledi, International Art & Cultural Heritage Law, Toronto, Canada (Program Chair) | ||||||
| Committee Sponsor: International Cultural Property Committee | ||||||
| 7:45 AM – 9:15 AM | ||||||
| Committee Program — NGO’s in the Corporate Governance Crosshairs: Are Compliance Programs a Good Idea for NGO’s and Non-profits in the International Arena? — NGO Committee | ||||||
In the wake of Enron, WorldCom and other recent scandals leading to wholesale examinations of corporate governance issues, such as the advent of Sarbanes- Oxley and the movement by multinational corporations to implement compliance programs so as to minimize their exposure and liability, non-profit organizations world-wide are now being called upon to examine their practices as well, and to implement compliance programs of their own. Does this make sense? How are these programs structured? Will this become the practice of the future? If so, how can non-profits benefit from corporate “best practices?” Topics will include:
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| Speakers: Alexandra Wrage, President, TRACE International, Washington, DC (Program Co-Chair); Ramon Mullerat, Mullerat Law Firm; Editor, Corporate Governance, former President, Council of the Bars and Law Societies of the European Union (CCBE), Barcelona, Spain; William Steinman, Powell Goldstein LLP, Washington, DC; Jason Matechak, Reed Smith LLP, Washington, DC; Raj Kumar, President, The Development Executive Group, San Francisco, CA; | ||||||
| Moderator: Aaron Schildhaus, Law Offices of Aaron Schildhaus, Washington, DC (Program Chair) | ||||||
| Committee Sponsor: NGO and Not-for- Profit Organizations Committee | ||||||
| 7:45 AM – 9:15 AM | ||||||
| Committee Program — The Potential for Democracy in the Middle East: A Comprehensive Analysis — Middle East Committee | ||||||
| The program will present an examination of the current United States policies encouraging democracy in the Middle East in the context of recent developments in Iraq, Afghanistan and Western Sahara. | ||||||
| Speakers: Ambassador Frank Ruddy, former Deputy Chief of Mission, MINURSO, New York, NY; Said T. Jawad, Ambassador of Afghanistan to the United States, Washington, DC; J. Scott Carpenter, Deputy Assistant Secretary of State for Near East and Asian Affairs, Washington, DC; Emad Dhia, Head of the Iraqi Reconstruction Council during the Bremer administration, Baghdad, Iraq; Judge Zakia Haki, Women's Movement in Iraq, Kurdish Movement in Iraq, Baghdad, Iraq | ||||||
| Program Co-Chairs: Katlyn Thomas, Katlyn Thomas, P.C., New York, NY; Christopher H. Johnson, Johnson & Pump, Washington, DC, Detroit, MI, and Riyadh, Saudi Arabia | ||||||
| Committee Sponsor: Middle East Committee | ||||||
| 11:15 AM – 12:45 PM | ||||||
| Trade and Public Health: Balancing Trade Law and Health Law Considerations in Responding to Public Health Crises in Developing Countries | ||||||
| The Doha Declaration on TRIPS and Public Health represents an important compromise for developing countries trying to meet their public health needs while complying with trade regulations. The TRIPS agreement recognizes that, under certain circumstances, exceptions to intellectual property rights are permitted to safeguard public health. Challenges lie in the interpretation of Art. 30 of TRIPS, which provides for an exception to patent rights, and amendments to Art. 31(f) of TRIPS, which permits an exception for pharmaceutical production for primarily domestic purposes. Under what circumstances are such exceptions to the Agreement justified? Specifically, can these exceptions be used effectively to respond to public health crises in the most affected areas such as Sub-Saharan Africa in response to the HIV/AIDS crisis? The program will:
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| Speakers: Dr. Desmond Johns, Director, Joint United Nations Program on HIV/AIDS, New York, NY; Chinua Akukwe, Adjunct Professor, School of Health | ||||||
| Program Co-Chairs: Myra Frazier, Vice-Chair, African Human Rights Sub-Committee, U.S. Environment Protection Agency, Washington, DC; Jonathan Todres, Chair, International Health Law Committee, New York, NY; James Passamano, International Health Law Committee, Sufian & Passamano LLP, Houston, TX; Michele Forzley, Director of Commercial Alliances and Health Networks for PSP-1, Washington, DC | ||||||
| Committee Sponsors: International Human Rights Committee, International Health Law Committee | ||||||
| 1:00 PM – 2:30 PM | ||||||
| Luncheon (TICKETED EVENT) | ||||||
| SHOWCASE ADDRESS BY THE RIGHT HONORABLE THE LORD MUSTILL, Vice President, Court of Arbitration of the ICC, Former Judge, Appeal at Committee, House of Lords | ||||||
| Sponsored by Coudert Brothers LLP | ||||||
| 2:45 PM – 4:15 PM | ||||||
| Reforming the UN Human Rights Commission | ||||||
| The UN Human Rights Commission is failing to carry out its vital mission of setting international human rights standards and exposing violations. After a sorry record in recent years of failing to condemn genocide in Sudan and electing Libya as Chair, the need for reform has become urgent. The Section’s Task Force on Reform of the UN Human Rights Commission, which includes members with wide experience in dealing with the Commission, has completed its report which offers numerous recommendations for improving the performance of the Commission. The recommendations include a restored focus on legally-enforceable human rights, a Code of Conduct pledging members of the Commission to honor their obligations under human rights treaties to which they are party and to cooperate in investigations of the Commission, the imposition of appropriate sanctions, including disqualification from future membership, for violations of the Code, enhancing the professionalism of the Commission’s investigative processes, and promoting the rule of law. | ||||||
| Speakers: The Hon. Tom Lantos, Member of Congress (Ca. 12th District), Washington, DC; Ambassador Richard Schifter, former Ambassador to the UN Human Rights Commission and Assistant Secretary of State for Human Rights and Humanitarian Affairs, Arnold & Porter LLP, Washington, DC; Professor Paul R. Williams, Co-Rapporteur of the Task Force, American University Washington College of Law, Washington, DC; Professor Michael Scharf, Co-Rapporteur of the Task Force, Case Western Reserve University School of Law, Cleveland, OH | ||||||
| Moderator: Ambassador David E. Birenbaum, Chair, Task Force, and former Ambassador to the UN for UN Management and Reform, Fried, Frank, Harris, Shriver and Jacobson LLP, Washington, DC (Program Chair) | ||||||
| Committee Sponsor: Task Force on Reform of the UN Human Rights Commission | ||||||
| Co-Sponsor: Section of Individual Right and Responsibilities | ||||||
| 4:30 PM – 6:00 PM | ||||||
| International Fora for Practicing Human Rights – What are the Options? | ||||||
| This program will provide a comparative analysis of the various international fora that hear human rights grievances, including discussion of benefits and detriments to each of the systems, as well as review of notable recent human rights cases in each system, and recent trends. | ||||||
| Speakers: Christina Cerna, Inter-American Commission, Washington, DC; Dinah Shelton, George Washington University Law School, Washington, DC; Melissa Crow, Brooklyn Law School, New York, NY; Dean Claudio M. Grossman, American University Washington College of Law, Washington, DC; David Stewart, Assistant Legal Adviser for Diplomatic Law & Litigation, U.S. Department of State, Washington, DC | ||||||
| Program Co-Chairs: Nancy Kaymar Stafford, Georgetown University Law Center, Washington, DC; Gwynne Skinner, Public Interest Law Group PLLC, Seattle, WA | ||||||
| Committee Sponsor: International Human Rights Committee | ||||||
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| Wednesday, April 13th | ||||||
| 2:15 PM – 3:45 PM | ||||||
| International Mergers & Acquisitions: The Need for Enhanced Due Diligence with Respect to Regulatory Compliance | ||||||
| This program will examine the heightened due diligence implications of recent cases, especially in the area of Foreign Corrupt Practices Act compliance, but also with respect to international regulatory compliance more generally, in recent mergers and acquisitions. FCPA cases to be discussed will include the 2004 ABB and Lockheed/Titan cases, Cardinal Health/Syncor, and Baker Hughes. The program will also address successor liability issues, as reflected in Justice Department opinions with respect to certain of these transactions and recent enforcement actions in the export control arena in which successors have been held responsible for a seller’s export control violations, even in the context of an asset purchase. | ||||||
| Speakers: Mark Mendelsohn, Deputy Chief, Fraud Division, U.S. Department of Justice, Washington, DC; Linda Thomsen, Deputy Director, Enforcement Division, Securities and Exchange Commission, Washington, DC; Roger Witten, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; Martin J. Weinstein, Willkie Farr & Gallagher, Washington, DC; Margaret Ayres, Davis Polk & Wardwell, Washington, DC (Program Co-Chair); | ||||||
| Moderator: Lucinda A. Low, Miller & Chevalier Chartered, Washington, DC (Program Co-Chair) | ||||||
| Committee Sponsor: Task Force on Standards for Corrupt Practices | ||||||
| Thursday, April 14th | ||||||
| 9:00 AM – 10: 30 AM | ||||||
| Employee Mobility for Multinational Companies — Employment, Benefits, Immigration and Tax Issues for Executive Expatriates | ||||||
| This program will feature a panel of experts from the employment, benefits, immigration and tax fields. The speakers will analyze hypotheticals addressing global mobility issues faced by multinational companies moving personnel around the globe. The program will have a specific focus on the international legal issues that face high net-worth, well-placed business executives crossing international borders and the complex income tax, estate tax and international wealth transfer planning issues that the executive might encounter. A change of employment or place of employment can create significant repercussions for executives and this panel will explore how such a move can impact the employee’s fiscal and legal status and what pre-move planning might be appropriate. A key focus will be upon the types of compensation and benefits that the executive might receive, including wages, deferred compensation, pensions, stock options, and fringe benefits and the role that a tax equalization agreement might play. | ||||||
| Speakers: Thomas Griebe, Taylor Wessing, Hamburg, Germany; Leslie Powell, Davenport Lyons, London, England; Alison Wright, Trucker Huss APC, San Francisco, CA; Clare Maurice, Allen & Overy LLP, London, England | ||||||
| Moderators: Erika Collins, Paul, Hastings, Janofsky & Walker LLP, New York, NY (Program Co-Chair); Stanley Barg, Duane Morris LLP, Philadelphia, PA | ||||||
| Program Co-Chair: Paul A. Sczudlo, Co-Chair, International Private Client Committee, Loeb & Loeb LLP, Los Angeles, CA | ||||||
| Committee Sponsors: International Employment Law Committee, International Private Client Committee | ||||||
| 10:45 AM – 12:15 PM | ||||||
| Economic Sanctions in the 21st Century | ||||||
| The United States has imposed economic sanctions to further national security and foreign policy goals for over 200 years. In light of recent sanctions events, including problems with the UN Oil-for-Food program in connection with multilateral sanctions on Iraq, the lifting of UN and U.S. sanctions against Libya, new sanctions imposed on Syria, the expanding circle of sanctions in the war on terrorism, and tightening sanctions on Cuba, this program will take a fresh look at U.S. and multilateral sanctions policy. The panel of speakers will address whether and under what conditions economic sanctions work and what makes them fail; is the concept of “targeted sanctions” viable; are all the costs of sanctions being adequately examined in the policy process; has the sanctions aspects of the war on terrorism informed our judgment on what are “effective” sanctions; and what will be the shape of future sanctions programs. | ||||||
| Speakers: His Excellency Allan Rock, Ambassador and Permanent Representative of Canada to the United Nations, New York, NY; Gary C. Hufbauer, Reginald Jones Senior Fellow, Institute for International Economics, Washington, DC; Daniel O’Flaherty, Executive Vice President, National Foreign Trade Council, Washington, DC; Stuart E. Eizenstat, Covington & Burling; former Deputy Secretary of the Treasury; former Under Secretary of Commerce for International Trade, Washington, DC; Peter Lichtenbaum, Acting Under Secretary of Commerce, US Department of Commerce, Washington, DC; Earl Anthony Wayne, Assistant Secretary of State, US Department of State | ||||||
| Program Co-Chairs: Kenneth B. Reisenfeld, Chair, ABA Section of International Law, Haynes and Boone, LLP, Washington, DC; Scott Maberry, Chair, Committee on Export Controls & Economic Sanctions, Fulbright & Jaworski, LLP, Washington, DC | ||||||
| Committee Sponsors: Export Controls & Economic Sanctions Committee, International Trade Committee | ||||||
| Friday, April 15th | ||||||
| 7:45 AM – 9:15 AM | ||||||
| Committee Program — NGO’s in the Corporate Governance Crosshairs: Are Compliance Programs a Good Idea for NGO’s and Non-profits in the International Arena? — NGO Committee | ||||||
In the wake of Enron, WorldCom and other recent scandals leading to wholesale examinations of corporate governance issues, such as the advent of Sarbanes- Oxley and the movement by multinational corporations to implement compliance programs so as to minimize their exposure and liability, non-profit organizations world-wide are now being called upon to examine their practices as well, and to implement compliance programs of their own. Does this make sense? How are these programs structured? Will this become the practice of the future? If so, how can non-profits benefit from corporate “best practices?” Topics will include:
|
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| Speakers: Alexandra Wrage, President, TRACE International, Washington, DC (Program Co-Chair); Ramon Mullerat, Mullerat Law Firm; Editor, Corporate Governance, former President, Council of the Bars and Law Societies of the European Union (CCBE), Barcelona, Spain; William Steinman, Powell Goldstein LLP, Washington, DC; Jason Matechak, Reed Smith LLP, Washington, DC; Raj Kumar, President, The Development Executive Group, San Francisco, CA; | ||||||
| Moderator: Aaron Schildhaus, Law Offices of Aaron Schildhaus, Washington, DC (Program Chair) | ||||||
| Committee Sponsor: NGO and Not-for- Profit Organizations Committee | ||||||
| 2:45 PM – 4:15 PM | ||||||
| The Multinational Corporation & Developing Countries: Discrimination, Litigation, and Compliance, & Voluntary Codes of Conduct | ||||||
| Labor and employment compliance for the multinational corporation historically has been local in nature. Increasingly, however, multinational corporations find their employment practices subject to what may be called global law. For example, U.S. anti-discrimination laws are slowly, but surely, being exported to the European Union, which has issued directives prohibiting employment discrimination based on numerous protected factors. U.S. law and the experience of U.S. companies and courts are a model for many of these new overseas obligations. Multinational corporations thus face difficult decisions as to what should be the applicable standards for their activities, especially regarding labor practices and the environment. Local laws often are lacking, or are inadequate, marked by poor enforcement. Faced with the extra-territorial effect of U.S. employment law prohibiting discrimination, as well as the equally disconcerting risk of adverse publicity caused by accusations of unfair employment practices, some multinational corporations develop international labor compliance programs. To fill gaps in enforceable standards, many multinationals are adopting codes of conduct developed by international institutions ranging from the United Nations to various non-governmental organizations (NGO’s). This program will discuss some of the most important topics facing the multinational corporation today: the extra-territorial effect of U.S. employment laws, the companies’ response to those laws, company compliance programs and voluntary codes of conduct affecting the multinational corporation. This program will explore common grounds of compliance and enforcement, as well as best practices for multinational corporations. |
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| Speakers: Philip M. Berkowitz, Nixon Peabody LLP, New York, NY; Prof. Barry E. Carter, Georgetown University Law Center, Washington, DC; Pascale Lagesse, Freshfields, Bruckhaus Deringer, Paris, France; Philip I. Weis, Senior Corporate Counsel, Pfizer Inc., New York, NY; Auret van Heerden, Fair Labor Association, Washington, DC; Salli Swartz, Phillips Giraud Naud & Swartz, Paris, France | ||||||
| Moderator: Hon. Marilyn Justman Kaman, Minnesota District Judge, Minneapolis, MN | ||||||
| Committee Sponsor: Labor and Employment Law Committee | ||||||
| 4:30 PM – 6:00 PM | ||||||
| International Trade in the Time of Sarbanes-Oxley | ||||||
| Companies engaged in international trade are generally aware of the legal requirements for compliance with the import, export and trade regulations. Agencies as diverse as Customs & Border Protection, the Bureau of Industry and Security, the Food and Drug Administration, and the Treasury’s Office of Foreign Assets Control all impose compliance responsibilities on companies. What many companies may have missed is that failure to properly comply with any of these requirements may represent an event that should be reported to the corporate audit committee or outside auditors. Under Sarbanes-Oxley, international trade compliance has taken on a new dimension relating to corporate governance, and, ultimately, to the very value of the company’s stock. This program will help those responsible for trade compliance make the link between those activities and Sarbanes-Oxley compliance. | ||||||
| Speakers: Ethiopis Tafara, Director of International Affairs, Securities and Exchange Commission, Washington, DC; Su Ross, Rodriguez O’Donnell Ross Fuerst Gonzalez & Williams P.C., Los Angeles, CA; O’Neil L. Woelke, DaimlerChrysler Corp., Highland Park, MI; Prof. Donald Langevoort, Georgetown Law Center, Washington, DC; Larry Christensen, Vastera, Inc., Dulles, VA | ||||||
| Program Co-Chairs: Lawrence M. Friedman, Barnes, Richardson & Colburn, Chicago, IL; Maria DiGiulian, Sidley, Austin, Brown & Wood LLP, Washington, DC; Scott Maberry, Fulbright & Jaworski LLP, Washington, DC | ||||||
| Committee Sponsors: Customs Law Committee, International Trade Committee, Export Controls & Economic Sanctions Committee | ||||||
|
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| Thursday, April 14th | ||||||
| 10:45 AM – 12:15 PM | ||||||
| Economic Sanctions in the 21st Century | ||||||
| The United States has imposed economic sanctions to further national security and foreign policy goals for over 200 years. In light of recent sanctions events, including problems with the UN Oil-for-Food program in connection with multilateral sanctions on Iraq, the lifting of UN and U.S. sanctions against Libya, new sanctions imposed on Syria, the expanding circle of sanctions in the war on terrorism, and tightening sanctions on Cuba, this program will take a fresh look at U.S. and multilateral sanctions policy. The panel of speakers will address whether and under what conditions economic sanctions work and what makes them fail; is the concept of “targeted sanctions” viable; are all the costs of sanctions being adequately examined in the policy process; has the sanctions aspects of the war on terrorism informed our judgment on what are “effective” sanctions; and what will be the shape of future sanctions programs. | ||||||
| Speakers: His Excellency Allan Rock, Ambassador and Permanent Representative of Canada to the United Nations, New York, NY; Gary C. Hufbauer, Reginald Jones Senior Fellow, Institute for International Economics, Washington, DC; Daniel O’Flaherty, Executive Vice President, National Foreign Trade Council, Washington, DC; Stuart E. Eizenstat, Covington & Burling; former Deputy Secretary of the Treasury; former Under Secretary of Commerce for International Trade, Washington, DC; Peter Lichtenbaum, Acting Under Secretary of Commerce, US Department of Commerce, Washington, DC; Earl Anthony Wayne, Assistant Secretary of State, US Department of State | ||||||
| Program Co-Chairs: Kenneth B. Reisenfeld, Chair, ABA Section of International Law, Haynes and Boone, LLP, Washington, DC; Scott Maberry, Chair, Committee on Export Controls & Economic Sanctions, Fulbright & Jaworski, LLP, Washington, DC | ||||||
| Committee Sponsors: Export Controls & Economic Sanctions Committee, International Trade Committee | ||||||
| 10:45 AM – 12:15 PM | ||||||
| The Western Hemisphere's Agenda for Good Democratic Governance: The Summit of the Americas, the Community of Democracies, the Global Forum Against Corruption, and the Organization of American States | ||||||
| The thirty-four democratic leaders in the Western Hemisphere have met four times since 1994, most recently in January 2004 at the Special Summit of the Americas in Monterrey, Mexico. Argentina will host the Fourth Summit of the Americas in November 2005. The leaders’ agenda includes significant commitments related to promoting democracy, making democratic institutions work better, combating corruption, increasing transparency, and strengthening the rule of law. The Summit process, which includes inter-Summit ministerial and technical meetings and draws on the expertise in a wide range of international organizations, plays a key role in establishing a common set of commitments related to good democratic governance, provides a mechanism to hold governments accountable, and increases dialogue among governments, the private sector and civil society organizations. | ||||||
| Speakers: Ambassador John Maisto, U.S. Ambassador to the OAS and Summit of the Americas, Coordinator, Bureau of Western Hemisphere Affairs; Nancy Zucker Boswell, Managing Director, Transparency International, Washington, DC; Boris Kozolchyk, Director, National Law Center for Inter-American Free Trade (NLCIFT), Tucson, AZ; William Berenson, Director of the Department of Legal Affairs and Services and General Counsel, OAS, Washington, DC | ||||||
| Moderator: Janis Brennan, Foley Hoag LLP, Washington, DC | ||||||
| Program Co-Chairs: Stephen M. Liston, U.S. Department of State, Washington, DC; Steven E. Hendrix, Section of International Law Goal VIII Officer, U.S. Agency for International Development, Washington, DC | ||||||
| Committee Sponsors: Goal VIII Committee, Latin America and Caribbean Law Committee | ||||||
| Co-Sponsors: ABA Latin America Law Initiatives Council (LALIC), Organization of American States (OAS), Transparency International | ||||||
| 2:15 PM – 3:45 PM | ||||||
| How U.S. Trade Laws Can Be Used to Protect Valuable Intellectual Property | ||||||
| Intellectual property rights are an increasingly important component of any company’s economic assets. With the rapid integration of national economies through the global trading system, the protection of intellectual property rights in international trade is becoming a paramount concern. At the same time, many national jurisdictions continue to have weak laws or enforcement policies, creating a significant risk of infringement and theft of valuable IP. For example, intellectual property right protection is among the top issues for any company considering trade and investment in China. This program will examine the various ways companies can protect their intellectual property in cross-border trade and investment, and prevent infringing products or activities from adversely affecting profitability. The panel of experts will examine the procedures and remedies available through Section 337, an important trade remedy tool that has seen a significant increase in use before the International Trade Commission. Procedures enforced by U.S. customs authorities for registering IP and denying access to deceptive and infringing products will also be examined. Also, the availability and means for achieving global discovery of information essential to protecting IP will be discussed. |
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| Speakers: Honorable Charles Bullock, Administrative Law Judge, U.S. International Trade Commission, Washington, DC; Lynn Levine, Director, Office of Unfair Import Investigations, International Trade Commission, Washington, DC; George McCray, Chief, Intellectual Property Rights Branch, U.S. Customs and Border Protection, Washington, DC; Joel Talcott, General Counsel, Ampex Corporation, Redwood City, CA | ||||||
| Moderator: Charles Schill, Steptoe & Johnson LLP, Washington, DC | ||||||
| Program Chair: Scott E. Bain, Wiley Rein & Fielding LLP, Washington, DC | ||||||
| Committee Sponsors: International Trade Committee, International Intellectual Property Committee | ||||||
| 4:00 PM – 5:30 PM | ||||||
| World Agricultural Trade — Rules, Commitments and the Future: With a Special Focus on U.S.-China Trade Relations | ||||||
| This program will address rules and commitments under the WTO Agreement on Agriculture and recent developments in the Doha Round negotiations, with a special focus on the U.S.–China bilateral agreement on agricultural trade. The program will provide an opportunity to learn more about U.S. efforts to liberalize trade, the current status of international agricultural negotiations, recent developments in the U.S.-China trade in food and agriculture, China’s revision of its laws and regulations in light of WTO commitments, and opportunities and challenges these new regulations bring to foreign businesses. | ||||||
| Speakers: Weining Zhao, Embassy of the People’s Republic of China, Hong Kong; Ann Tutwiler, International Food & Agriculture Policy Council, Washington, DC; Ruth Jin, International Consultant, O’Melveny & Myers, LLP; The University of Tokyo, Washington, DC; Deborah Henke, Foreign Agricultural Service, U.S. Department of Agriculture, Washington, DC | ||||||
| Program Co-Chairs: Wai-ping Chan, United States Department of Agriculture, Washington, DC; Daniel B. Pickard, Wiley Rein & Fielding LLP, Washington, DC | ||||||
| Committee Sponsors: China Committee, International Trade Committee | ||||||
| Friday, April 15th | ||||||
| 7:45 AM – 9:15 AM | ||||||
| Committee Program — Breakfast at the Bar: Trade and Development in Afghanistan – International Trade Committee | ||||||
| In the wake of the ouster of the Taliban, successful Presidential elections, the end of a 4-year drought and over $2 billion in international assistance, Afghanistan’s economic outlook has improved significantly. What continuing economic reforms are in Afghanistan’s future, and what are the prospects for trade in the near future? Will increased political stability and continued international commitment to Afghan reconstruction create an optimistic outlook for improvements to the Afghan economy? Discuss these issues and more with Mariam A. Nawabi of the Embassy of Afghanistan. | ||||||
| Speaker: Mariam A. Nawabi, Embassy of Afghanistan, Washington, DC | ||||||
| Program Chair: Maria DiGiulian, Sidley Austin Brown & Wood LLP, Washington, DC | ||||||
| Committee Sponsor: International Trade Committee | ||||||
| 7:45 AM – 9:15 AM | ||||||
| Committee Program — Transportation of Goods in International Commerce: An Introduction to Carriage of Cargo for the Trade Lawyer — International Transportation Committee | ||||||
| Understanding the various legal regimes governing the transportation of goods in international commerce is indispensable to all practitioners of international trade law. Anyone who drafts sales contracts under the U.C.C. or the United Nations Convention on International Sale of Goods (C.I.S.G) requires at least basic knowledge of contracts of carriage, as the costs and potential liabilities of contracts of carriage can have a profound impact on the ability of their clients - both buyers and sellers - to reach agreement. This program is designed to provide trade-law specialists both with a brief overview of the law relating to carriage of goods by sea, air, road, rail and multimodal means, and to discuss why the international community to date has not been able to develop a comprehensive regime of treaty-law governing transportation of goods. Who should attend: practitioners in the field of trade law, young attorneys and student-members of the ABA, and foreign lawyers interested in U.S. regulatory practice relating to the carriage of goods. |
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| Speakers: Professor Joseph Sweeney, Fordham University School of Law, New York, NY; James L. Casey, Deputy Counsel, Air Transport Association of America, McLean, VA; Dean Saul, Gowlings, Lafleur, Henderson LLP, Toronto, Canada | ||||||
| Program Chair: Lorraine B. Halloway, Crowell & Moring LLP, Washington, DC | ||||||
| Committee Sponsor: International Transportation Committee | ||||||
| 9:30 AM – 11:00 AM | ||||||
| We Want to Outsource Services, But Where? | ||||||
| General Counsel of a U.S. Company is formulating a presentation for the Company’s Board on best places to outsource services. A top-notch team of foreign legal advisors from India, Vietnam and China come together to compare and contrast the options. This program focuses on the primary domestic and foreign legal issues a company faces when considering outsourcing, including tax, choice-of-entity, intellectual property, labor and employment and foreign investment and foreign exchange control. | ||||||
| Speakers: James J. Doody, III, Managing Director, Parallax Group Int’l, LLC, Glastonbury, CT; Dao Nguyen, Partner, Johnson Stokes & Master, Ho Chi Minh City, Vietnam; Anne Marie Plubell, The Plubell Firm LLC, Beijing, Washington, DC; Rajiv Khanna, Greenberg Traurig LLP, New York, NY | ||||||
| Moderator: Ravi Singhania, Singhania & Partners, New Delhi, India | ||||||
| Committee Sponsor: Asia/Pacific Committee | ||||||
| Co-Sponsoring Committee: China Committee | ||||||
| 9:30 AM – 11:00 AM | ||||||
| States and GATS: Who’s in Charge? | ||||||
| This program examines the role of U.S. states vis-à-vis the ongoing negotiations by the U.S. Trade Representative in the General Agreement on Trade in Services (“GATS”) regarding the regulation of the legal profession. The panel will assess policies and strategies for advancing the liberalization of transnational lawyer regulation internationally. It will address the following topics: (1) strategies for harmonizing state regulation of foreign lawyers; (2) the role of GATS in domestic law; (3) the development of data bank resources for monitoring and data exchange; and (4) the role of states in the development of national policy regarding the legal profession. | ||||||
| Speakers: Carole Silver, Professor, Northwestern University School of Law, Chicago, IL; Larry Pascal, Haynes and Boone LLP, Dallas, TX; Laurel Terry, Professor, Pennsylvania State University Law School, Carlisle, PA; Bill Smith, General Counsel, Georgia State Bar Association, former President, National Organization of Bar Counsel, Atlanta. GA; Jonathan Goldsmith, Executive Secretary, CCBE, Brussels, Belgium; Richard Van Duizend, Principal Consultant, National Center for State Courts, Arlington, VA | ||||||
| Moderator: Robert E. Lutz, Professor, Southwestern University School of Law, Los Angeles, CA (Program Chair) | ||||||
| Committee Sponsors: Transnational Legal Practice Committee, Foreign Legal Consultant Committee | ||||||
| Co-Sponsors: ABA GATS Task Force, ABA Center for Professional Responsibility, Joint Committee on Lawyer Regulation, ABA Section of Legal Education | ||||||
| 11:15 AM – 12:45 PM | ||||||
| Trade and Public Health: Balancing Trade Law and Health Law Considerations in Responding to Public Health Crises in Developing Countries | ||||||
| The Doha Declaration on TRIPS and Public Health represents an important compromise for developing countries trying to meet their public health needs while complying with trade regulations. The TRIPS agreement recognizes that, under certain circumstances, exceptions to intellectual property rights are permitted to safeguard public health. Challenges lie in the interpretation of Art. 30 of TRIPS, which provides for an exception to patent rights, and amendments to Art. 31(f) of TRIPS, which permits an exception for pharmaceutical production for primarily domestic purposes. Under what circumstances are such exceptions to the Agreement justified? Specifically, can these exceptions be used effectively to respond to public health crises in the most affected areas such as Sub-Saharan Africa in response to the HIV/AIDS crisis? The program will:
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| Speakers: Dr. Desmond Johns, Director, Joint United Nations Program on HIV/AIDS, New York, NY; Chinua Akukwe, Adjunct Professor, School of Health | ||||||
| Program Co-Chairs: Myra Frazier, Vice-Chair, African Human Rights Sub-Committee, U.S. Environment Protection Agency, Washington, DC; Jonathan Todres, Chair, International Health Law Committee, New York, NY; James Passamano, International Health Law Committee, Sufian & Passamano LLP, Houston, TX; Michele Forzley, Director of Commercial Alliances and Health Networks for PSP-1, Washington, DC | ||||||
| Committee Sponsors: International Human Rights Committee, International Health Law Committee | ||||||
| 11:15 PM – 12:45 PM | ||||||
| Investor-State Arbitration: Candid Q & A About Arbitrators and Their Work | ||||||
| After a short introduction to the central characteristics of investor-state arbitration, a roundtable comprised of experienced advocates and arbitrators will address, through Q & A, the role of arbitrators in investor-state proceedings. Discussion is expected to include recent developments in relation to appointment, competency and challenge of arbitrators, evidentiary matters, and deliberations of the tribunal and calls for reform. | ||||||
| Speakers: Professor Todd Weiler, NAFTAClaims.com, Windsor, ON, Canada; Lucinda Low, Miller & Chevalier, Chtd., Washington, DC; Daniel Price, Sidley Austin, Brown & Wood LLP, Washington, DC; Marc Lalonde, Stikeman Elliott, Montreal, Canada ; Andrea Menaker, Chief, NAFTA Arbitration Division, U.S. State Department, Washington, DC; Doak Bishop, Vice-Chair, Institute of Transnational Arbitration, Houston, TX | ||||||
| Moderator: Henri Alvarez, Fasken Martineau DuMoulin LLP, Vancouver, Canada | ||||||
| Committee Sponsors: International Trade Committee, International Commercial Dispute, Resolution Committee | ||||||
| Co-Sponsor: American Society of International Law International Dispute Resolution Committee | ||||||
| 2:45 PM – 4:15 PM | ||||||
| Responding to Antidumping Investigations Initiated by the Chinese Investigatory Authorities | ||||||
| The program is designed to give the audience an introduction to Chinese antidumping proceedings and practice. The program will be introduced by the Chinese official in charge of antidumping investigations. This official will address the requirements for the initiation of an antidumping investigation, procedures for responding in such investigations, and the actions that may be taken by the Chinese regulatory authorities. Lawyers who are experienced in representing respondents will then speak on how to effectively participate in an investigation and share their insights on how to seek a favorable determination. The program will also give first hand information on developments in the area of Chinese antidumping law and policy. | ||||||
| Speakers: Hejun Wang, Commissioner, Bureau of Fair Trade of Import and Export, Ministry of Commerce of the PRC (“MOFCOM”), Beijing, China; Yong Ren, Managing Partner, T&D Associates, P.R. China; Craig Lewis, Hogan & Hartson LLP, Washington, DC; Duane Layton, Miller & Chevalier Chtd, Washington, DC | ||||||
| Program Co-Chairs: Jun Wei, Hogan & Hartson LLP, Beijing, China; Jeffrey Gerrish, Skadden Arps Slate Meagher & Flom LLP, Washington, DC | ||||||
| Committee Sponsor: China Committee | ||||||
| Committee Co-Sponsor: International Trade Committee | ||||||
| 2:45 PM– 4:15 PM | ||||||
| The Multinational Corporation & Developing Countries: Discrimination, Litigation, and Compliance, & Voluntary Codes of Conduct | ||||||
| Labor and employment compliance for the multinational corporation historically has been local in nature. Increasingly, however, multinational corporations find their employment practices subject to what may be called global law. For example, U.S. anti-discrimination laws are slowly, but surely, being exported to the European Union, which has issued directives prohibiting employment discrimination based on numerous protected factors. U.S. law and the experience of U.S. companies and courts are a model for many of these new overseas obligations. Multinational corporations thus face difficult decisions as to what should be the applicable standards for their activities, especially regarding labor practices and the environment. Local laws often are lacking, or are inadequate, marked by poor enforcement. Faced with the extra-territorial effect of U.S. employment law prohibiting discrimination, as well as the equally disconcerting risk of adverse publicity caused by accusations of unfair employment practices, some multinational corporations develop international labor compliance programs. To fill gaps in enforceable standards, many multinationals are adopting codes of conduct developed by international institutions ranging from the United Nations to various non-governmental organizations (NGO’s). This program will discuss some of the most important topics facing the multinational corporation today: the extra-territorial effect of U.S. employment laws, the companies’ response to those laws, company compliance programs and voluntary codes of conduct affecting the multinational corporation. This program will explore common grounds of compliance and enforcement, as well as best practices for multinational corporations. |
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| Speakers: Philip M. Berkowitz, Nixon Peabody LLP, New York, NY; Prof. Barry E. Carter, Georgetown University Law Center, Washington, DC; Pascale Lagesse, Freshfields, Bruckhaus Deringer, Paris, France; Philip I. Weis, Senior Corporate Counsel, Pfizer Inc., New York, NY; Auret van Heerden, Fair Labor Association, Washington, DC; Salli Swartz, Phillips Giraud Naud & Swartz, Paris, France | ||||||
| Moderator: Hon. Marilyn Justman Kaman, Minnesota District Judge, Minneapolis, MN | ||||||
| Committee Sponsor: Labor and Employment Law Committee | ||||||
| 4:30 PM – 6:00 PM | ||||||
| Hot Topics In International Trade | ||||||
| This program will discuss several issues concerning international trade that are of particular concern this spring. The topics to be discussed are the role of the WTO in U.S. law, reflecting on recent court cases and the issue of zeroing in dumping calculations; recent Canada trade remedy practice particularly with respect to China; and the current status of U.S. regional free trade negotiations. | ||||||
| Speakers: Bennet Harman, Deputy Assistant U.S. Trade Representative for Latin America, Washington, DC (Invited); Cyndee Todgham Cherniak, Heenan Blaikie LLP, Toronto, Canada; Alice A. Kipel, Steptoe & Johnson LLP, Washington, DC; William "Bill" Fennel, Stewart & Stewart, Washington, DC | ||||||
| Program Chair: Peggy A. Clarke, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC | ||||||
| Committee Sponsor: International Trade Committee | ||||||
| Co-Sponsor: Women’s Interest Network | ||||||
| 4:30 PM – 6:00 PM | ||||||
| International Trade in the Time of Sarbanes-Oxley | ||||||
| Companies engaged in international trade are generally aware of the legal requirements for compliance with the import, export and trade regulations. Agencies as diverse as Customs & Border Protection, the Bureau of Industry and Security, the Food and Drug Administration, and the Treasury’s Office of Foreign Assets Control all impose compliance responsibilities on companies. What many companies may have missed is that failure to properly comply with any of these requirements may represent an event that should be reported to the corporate audit committee or outside auditors. Under Sarbanes-Oxley, international trade compliance has taken on a new dimension relating to corporate governance, and, ultimately, to the very value of the company’s stock. This program will help those responsible for trade compliance make the link between those activities and Sarbanes-Oxley compliance. | ||||||
| Speakers: Ethiopis Tafara, Director of International Affairs, Securities and Exchange Commission, Washington, DC; Su Ross, Rodriguez O’Donnell Ross Fuerst Gonzalez & Williams P.C., Los Angeles, CA; O’Neil L. Woelke, DaimlerChrysler Corp., Highland Park, MI; Prof. Donald Langevoort, Georgetown Law Center, Washington, DC; Larry Christensen, Vastera, Inc., Dulles, VA | ||||||
| Program Co-Chairs: Lawrence M. Friedman, Barnes, Richardson & Colburn, Chicago, IL; Maria DiGiulian, Sidley, Austin, Brown & Wood LLP, Washington, DC; Scott Maberry, Fulbright & Jaworski LLP, Washington, DC | ||||||
| Committee Sponsors: Customs Law Committee, International Trade Committee, Export Controls & Economic Sanctions Committee | ||||||
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| Wednesday, April 13th | ||||||
| 7:30 AM – 8:45 AM | ||||||
| Leadership Breakfast for Foreign Bar and ABA Leaders and Keynote Speakers (by invitation only) | ||||||
| 5:30 PM – 6:30 PM | ||||||
| New Members/Attendees Reception | ||||||
| 7:00 PM – 9:00 PM | ||||||
| The Supreme Court of the United States Reception (TICKETED EVENT) | ||||||
| Thursday, April 14th | ||||||
| 7:30 AM – 8:45 AM | ||||||
| Committee Breakfast Meetings (including TLAB) | ||||||
| 9:00 AM – 12:00 PM | ||||||
| Strategic Council Meeting | ||||||
| 4:00 PM – 5:00 PM | ||||||
| 2005 Annual Meeting Planning Committee Meeting | ||||||
| 6:30 PM – 8:30 PM | ||||||
| U.S. Department of State Diplomatic Rooms Reception (TICKETED EVENT) | ||||||
| 8:30 PM | ||||||
| Committee Dinners | ||||||
| Friday, April 15th | ||||||
| 7:30 AM – 9:15 AM | ||||||
| Division Breakfast Meetings with an IBA Welcome Breakfast | ||||||
| 11:00 AM – 12:30 PM | ||||||
| Publications Committee Meeting | ||||||
| 4:15 PM – 6:30 PM | ||||||
| Administration Committee Meeting | ||||||
| 7:00 PM – 9:00 PM | ||||||
| OAS Reception (TICKETED EVENT) | ||||||
| Saturday, April 16th | ||||||
| 7:30 AM – 8:45 AM | ||||||
| Executive Committee Meeting | ||||||
| 7:30 AM – 8:45 AM | ||||||
| Membership Committee Meeting | ||||||
| 9:00 AM – 1:00 PM | ||||||
| Council Meeting | ||||||