 Primary Meeting Sponsor |
Click on a day to view: Click on a track to view: Meeting Agenda - Wednesday, April 15 In some countries, the laws are unfair and unjust; in others, laws which are fair and just on their face are enforced in unfair, inconsistent, and unjust ways. In both cases, governments defend their evil actions in the name of the “rule of law”. Both are examples of the rule of law gone wrong. The laws of all countries must guarantee all the rights enshrined in the Universal Declaration of Human Rights; otherwise, justice is lacking. Without justice, the rule of law rings hollow. On the other hand, where the law is fair and just and where it is applied fairly and with justice, the “Just Rule of Law” resounds. Hence, today we celebrate the “Just Rule of Law Day” by offering a Rule of Law program in every timeslot. Please take some time to review the day’s line-up of programs to note these special programs. 7:00 a.m. – 6:00 p.m. 7:15 a.m. – 8:30 a.m. 7:15 a.m. – 8:30 a.m. Regulatory/Regional
International Antitrust Committee “Dawn raids” are a major source of information for competition authorities in investigating possible infringement of competition law. Increasingly, competition agencies in different jurisdictions are coordinating dawn raids in different parts of the world at the same time. Once the regulator is on the premises, the company and its lawyers have virtually no time to analyze legal or procedural questions relating to the search. Therefore, it is critical to understand your rights and obligations in such situations before the regulator comes knocking. Program Chair: Moderator: Speakers: Corporate Counsel/ Transactional, Regulatory/Regional, Taxation This program will discuss common employment, taxation and immigration aspects of international assignments for executives and specialized knowledge personnel. It will suggest how to organize international assignments and avoid pitfalls, including legal issues surrounding relocations, visas, terminations and taxation, with the participation of experts in these fields from various countries. Program Chair: Moderator: Speakers: Dispute Resolution/Litigation International Litigation Committee This program will begin with a review of recent legal developments of major importance with respect to international arbitration and litigation. It will be followed by a roundtable discussion of the value and techniques of oral advocacy in international arbitration, including direct and cross-examination. A wide range of techniques and styles will be discussed by a panel of common law and civil law lawyers and the participants. Program Chair: Moderator: Speakers: 8:45 a.m. – 10:15 a.m.
International Trade/Customs
International Trade Committee The current U.S. export control system poses major compliance challenges for companies and their counsel. In the past two years, there have been significant efforts by U.S. industry and the Bush Administration to modernize U.S. export controls. Industry formed the Coalition for Security and Competitiveness (CSC) and made recommendations to the Administration. Many of the CSC proposals were acted on by the Bush Administration when it issued two Directives in January 2008, and the Departments of Commerce, Defense and State have worked hard to implement these Directives. With the new Obama Administration taking office, this timely panel will address the status and prospects for modernization of the export control system. Program Chair: Moderator: Speakers: 8:45 a.m. – 10:15 a.m. SHOWCASE PROGRAM This program will also be offered via teleconference. Regulatory/Regional, Corporate Counsel/Transactional International Transactions and Insolvency Committee This program will consider the origins of the 2008 financial crisis, including what happened, why it happened and what was done by governments through their monetary, banking and securities agencies to handle the crisis. The speakers will extract lessons learned and ignored, as well as compare the effectiveness of the approaches taken by various governments. Program Chairs: Moderator: Speakers:
Regulatory/Regional, Dispute Resolution/Litigation
International Antitrust Law Committee Your client is a subject of multiple cartel investigations around the world, as well as a defendant in private litigation in the U.S. Regulators and plaintiffs are demanding the production of information, documents and data located in files and computers across the globe. This program will explore strategic options in dealing with regulators and plaintiffs amidst conflicting rules on personal and subject matter jurisdiction, data privacy and the attorney client privilege. The roundtable discussion will highlight how strategic decisions are influenced by information sharing among regulators in different jurisdictions, amnesty and leniency programs, emerging private litigation in Europe, and recent jurisprudence in the U.S. such as the landmark Twombly decision. Program Chair: Moderator: Speakers: 8:45 a.m. – 10:15 a.m.
Public International Law/Rule of Law
International Human Rights Committee Rule of Law promotion, a field that originally started in Latin America in the mid-1980s and expanded to other regions of the world, quickly became part of aid efforts to foster democracy building, economic development, regime change, national security, reconstruction and stabilization and the re-invention of troubled societies. It did so through an array of multilateral and international agencies, lawyers, private foundations, legal and development consulting firms, human rights and civil society activists, governments and aid providers. Two decades later, what have we learned? How is rule of law assistance evolving? What is being done differently today than ten years ago and why? What needs revisiting? Join us for a thought provoking conversation with this field’s leading and world-class specialists who will examine the above questions with a critical perspective and discuss how to move forward a discussion that brings in many competing interests, challenges and hopes. Program Chairs: Moderator: Speakers: 8:45 a.m. – 10:15 a.m.
Young Lawyers
Women’s Interest Network (WIN) In tough economics times, law firm management, corporate management and government directors are asking lawyers to be more accountable for business development and to become more business-minded. Many are asking the lawyers to develop business plans. Normally, lawyers are accustomed to drafting legal opinions and corporate documents; law schools do not teach them to develop business. Whether in your first or tenth year of practice, join us to discuss how to develop a business plan. This workshop will guide attendees through a precedent list of questions to answer in the development of such a plan and will discuss where one might focus to find the answers. Program Chair: Moderator: Speakers: 10:15 a.m. – 10:30 a.m.
10:30 a.m. – 12:00 p.m.
Corporate Counsel/Transactional
Asia/Pacific Committee The outsourcing of legal services is the latest trend in the global outsourcing industry and a result of law firms’ efforts to decrease expenses and improve their efficiency. A recent study predicts that the value of legal outsourcing to India alone will grow from USD 80 million today to USD 4 billion in 2015. This program examines both the business case for outsourcing legal services offshore and the legal and ethical issues to be observed by the outsourcing lawyer in connection therewith such as (i) confidentiality and disclosure obligations; (ii) quality control and supervisory responsibilities; and (iii) conflict checks and billing, under the rules of various jurisdictions. We will also address particular concerns raised in litigation, including ethical issues in the U.S. Program Chairs: Moderators: Speakers:
Dispute Resolution/Litigation
International Litigation Committee As incidents of international terrorism have become more prevalent over the last quarter century, so too have issues about monetary compensation for victims of terrorism. The attacks of September 11, the bombing of Pan Am 103, the Moscow theater fire, the Madrid train bombings, hostages in Lebanon, and other terrorist events have repeatedly raised issues for the victims. This spirited roundtable discussion will examine two primary issues. First, is paying compensation to victims of terrorism a good public policy that should become more universally accepted? Second assuming the answer to the first question is yes, what is the best mechanism to implement from a public policy standpoint? Is it lawsuits, a victim’s compensation fund, bi-lateral country negotiations, or an international tribunal? Expert panelists in this field include a U.S. federal judge, a law school professor, a Russian attorney, and a retired foreign service officer. Program Chair: Moderator: Speakers:
International Trade/Customs
International Trade Committee Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) provides speedy and effective enforcement of U.S. intellectual property rights against goods that are imported into the U.S. With increasing imports and a need for prompt marketplace relief, the Section 337 caseload has tripled over the last decade. Corporations, particularly those with high-tech or other short-life products, are utilizing Section 337 with greater frequency to protect their intellectual property rights from unfair import competition. This hands-on presentation will provide attendees with insight on the latest developments in Section 337 practice, including the enforcement of exclusion orders by U.S. Customs and Border Protection, the impact of patent reexamination proceedings on Section 337 litigation, the increasing use of Section 337 by foreign companies and the interpretation and application of the Federal Circuit’s decision in Kyocera. Program Chair: Moderator: Speakers: 10:30 a.m. – 12:00 p.m. Regulatory/Regional International Antitrust Committee The recent worldwide financial crisis has raised fundamental questions about the wisdom of free market/laissez faire policies and the effectiveness of Adam Smith’s “invisible hand.” What lessons can be learned as we rake through the embers of an unprecedented era of market deregulation and un-regulation? How can we avoid the mistakes of the past? This program will consider what regulatory responses are appropriate and what role industry-specific and general regulatory regimes, such as the antitrust and securities laws, should play in the new world regulatory order. It will also consider what private sector responses are appropriate, including in corporate governance, ethical standards enforcement and risk management systems. Program Chairs: Moderator: Speakers: Public International Law/Rule of Law U.N. and International Institutions Coordinating Committee Will the Obama Administration reinvigorate the human rights agenda? Promoting respect for human rights has been a long-standing goal of American foreign policy. Objectives include: holding nations accountable for their human rights violations; upholding human rights such as freedom from torture, freedom of expression, and protection of minorities; changing cultures of impunity; enhancing the U.N.’s capabilities; and coordinating human rights activities with allies. U.S. actions in recent years, from the ‘War on Terror’ to the retreat from global treaties and institutions, have cast doubt on the country’s commitment to its ideals. This timely program will assess the direction of U.S. human rights law, policy and diplomacy. A distinguished slate of experts, poised as participants in a White House staff briefing, will provide advice on the urgent steps that President Obama must take to restore U.S. leadership in human rights, both at home and abroad. Program Chairs: Moderator: Speakers: 10:30 a.m. – 12:00 p.m.
Young Lawyers
Young Lawyers Interest Network (YIN) Our continuing series on key subjects in international law, “Nuts & Bolts of International Finance,” gives you the basics you need to understand the different types of international financial transactions and the implications of the credit crunch. Top practitioners give you an engaging substantive introduction—a great foundation for understanding some of the other programs and panels at the Spring Meeting! Program Chair: Moderator: Speakers: 10:30 a.m. – 12:00 p.m.
Taxation, Corporate Counsel/Transactional
International Tax Committee This panel will focus on and compare the key international tax issues that arise in several countries when local tax authorities decide to audit an affiliate of a multinational company, with emphasis on whether or not the local tax authorities can gain access to the audit working papers of the group, particularly the detailed and extremely revealing, itemized analysis of the income tax provision for the group’s financial statements. The panel will also highlight case law in certain countries that may suggest ways (planning opportunities) to better protect these audit working papers from the prying eyes of the local tax authorities. This program is not to be missed by tax and corporate lawyers representing multinational companies, since with the current economic crisis, governments tend to reassess foreign companies based on new tax grounds. Program Chair: Moderators: Speakers: 12:15 p.m. – 1:45 p.m. Michael Oxley, former Congressman and Chairman of the House Financial Services Committee, serves clients in the areas of corporate governance, investigations and government policy. In addition to his position with Baker & Hostetler LLP, Mr. Oxley is also Vice Chairman of The Nasdaq OMX Group, Inc. After a 25-year career representing Ohio’s Fourth Congressional District, Mr. Oxley is best known for his co-authorship of the landmark Sarbanes-Oxley Act of 2002, which restored Americans’ confidence in the capital markets early in the decade and created a new accounting oversight board for publicly traded companies. Former Congressman Oxley will speak about the globalization of the Sarbanes-Oxley Act. The law was enacted in response to a number of major corporate and accounting scandals including Enron, Tyco International, Adelphia and WorldCom. These scandals, which cost investors billions of dollars when the share prices of the affected companies collapsed, shook public confidence in the nation's markets. Today the Act is going international as other countries adopt laws based on the Act. 2:00 p.m. – 3:30 p.m. Through the Eye of the Credit Storm: A Comparative Look at Islamic Finance Products, Risks and Rewards Corporate Counsel/Transactional
International Securities and Capital Markets Committee Conventional market wisdom teaches that great risk yields greater reward. Islamic market wisdom provides that with profit comes liability. Islamic Finance promotes risk sharing and prohibits dangerous speculation. The crisis in the financial markets highlighted products that facilitate risk trading, such as Credit Default Swaps, and speculative practices such as “short selling,” both of which are prohibited by Islamic Finance principles. Do Islamic Finance products carry less risk than conventional products? Do they offer comparable rewards? Join a panel of leading experts for a comparative discussion of conventional and Islamic Finance products, including the principles and mechanics of Islamic Finance products and practices. Program Chair: Moderator: Speakers: Dispute Resolution/Litigation International Litigation Committee The camera is to the 20th Century what the printing press was to the 15th Century, with the visual image replacing the written word as the paramount communicative device. People aim cell phones and BlackBerry cameras at everything; crimes are videotaped. Some have suggested that there is no longer any such thing as privacy. It is also an age of increased security and uneasiness. In one of the great paradoxes of our time, expanded rights of privacy and data protection compete with disclosure requirements in the name of security. To explore these issues in the international context, where different systems have different approaches, this program borrows liberally from the Harry Potter canon and will develop the issues in the context of a fictitious oral argument on appeal in the U.S. in which the photojournalist and artist Rita Skeeter does battle with attorneys for Hogwarts, Harry Potter and Professor McGonagall, as issues of privacy, artists’ rights, freedom of speech and security concerns are raised. Program Chair: Moderators: Speakers: 2:00 p.m. – 3:30 p.m. International Trade/Customs, Regulatory/Regional
International Trade Committee Rapidly changing trade patterns have given rise to more frequent anti-dumping, anti-subsidy, safeguard and IP-related trade actions, particularly against Chinese exports. Evolving market conditions in China have led to anti-subsidy cases against China, and greater use of actual Chinese prices and costs in calculating dumping margins. Meanwhile, the elimination in 2015 of non-market economy status for China as provided by its WTO accession protocol will precipitate a transformation in trade remedy actions involving the most dynamic exporting economy in the world. A panel of leading experts from several jurisdictions will examine the implications of these developments for practicing lawyers and their clients. Program Chairs: Moderators: Speakers:
SHOWCASE PROGRAM
Regulatory/Regional International Antitrust Committee This two-part program will address significant changes in the field of competition law in key jurisdictions, and the potentially significant implications of these changes on international business. In Part 1 (The West), a panel of international antitrust experts will conduct a 90-minute roundtable discussion of important recent developments in competition law enforcement and policy in the U.S., the EU, Canada and Brazil. Topics will include merger enforcement (including decisions of the U.S. Court of Appeals for the DC Circuit in Whole Foods/Wild Oats and the European Court of Justice in Sony/BMG); dominance (particularly the EU decision in Microsoft and the most recent case brought against Intel as well as the U.S. Department of Justice report and the EC Guidance on unilateral conduct); and private litigation (including development in the EU’s private damages action initiatives). Likely approaches to be pursued by the Obama Administration will be discussed. The program will have an interactive format, including substantial opportunities for audience questions. Part 2 (The East) - a 90-minute program focusing on China, India, Japan, South Korea and Australia - will follow in the 4:00 p.m. – 5:30 p.m. time slot. Program Chair: Moderator: Speakers: 2:00 p.m. – 3:30 p.m.
Public International Law/Rule of Law
National Security Committee During a millenium which ushered in a new age of conflict, a resurgent Russia has claimed independence on behalf of two regions in the Republic of Georgia following a brief but violent conventional conflict. While legal definitions and rules of engagement against terrorism struggle to keep up with the rapid evolution of the battlefield, traditional conflicts for land and resources continue to flare up around the globe, along with their legal implications. What are the legal justifications for the use of force? This panel will discuss how international law both permits and proscribes the application of military might. Representatives from both Russia and the Republic of Georgia, joined by experts in the field, will investigate the legal questions which arise after diplomacy fails, and discuss the ever expanding avenues of dispute resolution and international law, through the prism of the Geogian Conflict of August 2008. Program Chairs: Moderator: Speakers: 2:00 p.m. – 3:30 p.m.
Young Lawyers, Regulatory/Regional
Asia/Pacific Committee The transnational practice of law has become an issue of interest to lawyers both in the US and abroad. As law firms try to expand their practices to foreign jurisdictions, they face multiple challenges. Similarly, lawyers from foreign jurisdictions are now providing services to US client via outsourcing. We will explore the profession in China, India and the Middle East. We will review: (1) academic and professional qualifications to enter the practice of law, (2) survey of the range of employment opportunities for lawyers in these regions, (3) an analysis of the structure of the law firms and avenues for advancement within law firms, (4) ability of foreign lawyers to practice in these jurisdictions, requirements and obstacles, (5) Cultural barriers to foreign lawyers, (6) Protectionism of local bar associations. Program Chair: Moderators: Speakers: 2:00 p.m. – 3:30 p.m.
Taxation, Corporate Counsel/ Transactional
International Tax Committee Transfer pricing continues to be the hottest international tax issue of this millennium. Multi-national companies continue to try to move income to tax-advantageous countries while protecting themselves against the adjustments and penalties of any tax authorities. This program will provide a practical approach to transfer pricing issues. The first half of the program will focus on the fundamentals of transfer pricing law from both a U.S. perspective and from OECD-adhering countries in Europe, including how the law may be dealt with through intercompany agreements, annual documentation and Advance Pricing Agreements. The second half of the program will feature a simulated negotiation of an Advance Pricing Agreement. Through this program, attendees will gain a basic understanding of how they may use transfer pricing in both an offensive manner to reduce taxes and defensive manner to avoid adjustments and penalties. Program Chair: Moderator: Speakers:
3:30 p.m. – 4:00 p.m. 3:30 p.m. – 4:00 p.m. 4:00 p.m. – 5:30 p.m.
Corporate Counsel/Transactional, Public International Law/Rule of Law, Regulatory/Regional
U.N. and International Institutions Coordinating Committee As the headquarters for the International Finance Corporation (IFC), the International Monetary Fund (IMF) and the Inter-American Development Bank (IDB), Washington provides the ideal location for a presentation on these highly influential international institutions. Speakers will provide full descriptions and focused detailed examples of typical transactions structured by these institutions during times of financial crisis. They will explain how international finance is used by these institutions for public benefit through both public and private sectors and describe how they accomplish this and where. Particular attention will be paid to the way these multilateral institutions respond to financial crises. Program Chair: Moderator: Speakers: Dispute Resolution/Litigation Canada Committee It is not unusual, especially since NAFTA, for debtors to have assets in both the U.S and Canada. In 2005, the U.S adopted the UNCITRAL model law on cross-border insolvency by including the new Chapter 15 in the Bankruptcy Abuse Prevention and Consumer Protection Act. This statute was enacted to provide for an effective and efficient system to deal with cross-border insolvency proceedings. This session will use the facts of Everfresh Beverages, Inc. and Sundance Beverage Inc, a proceeding in both the Southern District of New York and the Ontario Court (General Division) in Bankruptcy, to reexamine Everfresh Beverages, Inc. in a Moot Court setting under the current Bankruptcy regime in Canada and the U.S. to determine whether the results would be different today. Issues will include whether the Everfresh proceeding would qualify for a Chapter 15 filing, and whether there is any relief from the automatic stay, right to seek adequate protection, opportunity for the sale of property through the bankruptcy proceeding and the right to distribution to creditors. Program Chairs: Moderators: Speakers: Regulatory/Regional International Antitrust Committee This is Part 2 of a broader program that will address the significant changes in competition law in key jurisdictions around the world and the potential implications of those changes for international business. This Part 2 will be devoted to China, Japan, Korea, India and Australia, with a particular focus on mergers, dominance and product distribution arrangements. Topics will include the new or recently amended competition laws, recently announced enforcement policies (for example in the areas of merger review and abuse of dominance/monopolization), price maintenance and private enforcement. The panel will also discuss whether the conditions attached to China’s recent approval of Inbev NV SA’s acquisition of Anheuser-Busch are consistent with WTO obligations. The program will have an interactive format, including substantial opportunities for audience questions. Part I (The West) – a 90 minute program focusing on the EU, U.S., Canada and Brazil, will precede this program in the 2:00 p.m. - 3:30 p.m. time slot. Program Chair: Moderator: Speakers:
4:00 p.m. – 5:30 p.m.
Public International Law/Rule of Law, Regulatory/Regional
Middle East Committee At the time of this program, the U .S. will have spent at least $100 billion on contractors in Iraq , approximately twenty percent of the funds appropriated for the Iraq war and reconstruction efforts, in an effort to “outsource” goods and services provided to the U.S. military and other government agencies. Charges have been made that much of this money has been wasted due to overbilling, fraud, shoddy and unsafe work and neglected oversight. Some of the money simply cannot be accounted for. This program will bring together the chief person responsible for oversight, the Special Inspector General for Iraq, and other top administration officials to discuss these charges and offer possible solutions to problems that will affect future war and reconstruction efforts in Iraq, Afghanistan and other conflicts. Program Chair: Moderator: Speakers:
Public International Law/Rule of Law
As its foreign policy agenda begins to take shape, the Obama Administration faces a number of challenging legal issues. Among them: the disposition of the current detainees at Guantanamo; the way forward on climate change negotiations; the international response to piracy off the coast of Somalia; and, various issues relating to the situation in Sudan. The State Department’s Acting Legal Adviser, Joan Donoghue, Deputy Legal Adviser Sue Biniaz, and Assistant Legal Adviser Linda Jacobson will discuss these and other international legal issues currently before the Department. Speakers: 4:00 p.m. – 5:30 p.m.
Law Student, LL.M., and New Lawyer Outreach Committee
Jessup Exhibition Match: Join a distinguished panel of judges and the winning oralists of the 2009 U.S. Mid-Atlantic Super Regional Competition for a mock round of oral arguments. The exhibition match will simulate oral pleadings before the International Court of Justice on a fictional dispute between states, exploring the legal issues of the Responsibility to Protect, the role of the United Nations and the International Court of Justice, and the viability of the death penalty under international law. The Philip C. Jessup International Law Moot Court Competition is the world’s largest legal advocacy contest, engaging over 500 teams of students from more than 80 countries each year. This year marks the 50th Anniversary of the Competition, which was celebrated at the 2009 Shearman & Sterling International Rounds held last month in Washington, D.C. Program Chairs: Moderator: Speakers: The four student oralists were selected based on their performances at the 2009 Jessup Mid-Atlantic Super Regional competition, which was held February 19-22, 2009. A student bailiff from the 2009 Jessup Mid-Atlantic Super Regional competition, or ILSA Jessup Competition Coordinator Ashley Walker, will serve as bailiff during the exhibition match. Applicant: Adeel Bashir and Lucas Kline (George Mason University School of Law)
Taxation, Corporate Counsel/Transactional
International Tax Committee This panel will deal with the structuring of multinational carried interest schemes (in the form of stock options, stock, incentive awards, phantom stock and other carried interest instruments) in the Funds and Financial Industry under the current market conditions (bear market). Issues will include: (i) new legislation trends on excessive compensation; (ii) tax and social security treatment of carried interest awards; (iii) enforceability of typical clauses (grant, vesting, truncation, forfeiture, claw back); (iv) length of vesting/exercise periods, truncation and forfeiture provisions vs. termination protection; (v) shifting of financial burden (taxes, social security) to employees; and (vi) treatment of carried interest awards under IFRS / US GAAP / other standards The issues will be discussed by U.S. and international employment and tax lawyers and an industry representative along the lines of a case study. Program Chair: Moderators: Speakers:
Environmental Law/Climate Change
International Environmental Law Committee Within the past year, support has emerged for cap-and-trade as the most politically viable technique for reducing or eliminating the emission of heat-trapping gases. Yet we live in a world in which markets have rather spectacularly failed with the dot.com bubble, the California energy fiasco, and the current financial meltdown. Would a carbon market, or markets for other greenhouse gases, really solve the problems for which they are proposed? Markets could harness private capital and ingenuity to address the most serious crisis currently facing humanity, but carbon trading is so fraught with uncertainties and contingencies that perhaps no amount of regulation can manage adequately the potential for gaming the system. Between these positions are a range of views about how to frame measures to create and maintain a properly functioning carbon market. After Michael Gerrard lays out the current legal and regulatory landscape and introduces the proposals currently being considered in the White House and Congress, Jeff Gracer and Jeff Smith will debate the virtues and defects of the several possible responses, with particular attention to the opportunities for lawyers in private practice in the implementation of whatever approaches are finally enacted. Program Chair: Moderator: Speakers:
2700 F Street, NW, Washington, DC Sponsored byWachtell, Lipton, Rosen & Katz
Roof Terrace Restaurant, 2700 F Street, NW, Washington, DC
Sponsored by Wachtell, Lipton, Rosen & Katz Enjoy the spectacular views of Washington, DC from the Roof Terrace Restaurant at the Kennedy Center while dining with your fellow Committee members. This social setting will provide a great opportunity to meet your colleagues in the Section, learn about and shape committee plans for the year, and become more active in the Section. [an error occurred while processing this directive] |
American Bar Association | 740 15th Street, N.W. | Washington, DC 20005-1019 | 202.662.1000
ABA Copyright Statement ABA Privacy Statement Web Site Feedback