SPRING MEETING New2012

YorkAPRIL 17-21 GRAND HYATT NEW YORK Mark Your Calendar

February 3-5 ABA/Section Midyear Meeting New Orleans, Louisiana

March 4-13 ILEX Delegation: Tanzania & Rwanda

April 16 ABA Day at the UN New York, New York

April 17-21 2012 Section Spring Meeting Grand Hyatt New York New York, New York

May 24-26 International Families – Money, Children, and Long Term Planning Washington, DC

August 1-2 Section Leadership Retreat Chicago, Illinois

August 3-5 ABA Annual Meeting Chicago, Illinois

October 16-20 2012 Section Fall Meeting Fontainebleau Miami Beach, Florida 2012 SPRING Meeting Table of Contents

Upcoming Programs and Events ...... Inside Front Cover

Letter from the Chairs 2

2012 Spring Meeting Planning Committee 4

2012 Spring Meeting Sponsors and Exhibitors ...... 14

2012 Spring Meeting Cooperating Entities ...... 20

Meeting Agenda

Tuesday, April 17 ...... 21

Wednesday, April 18 28

Thursday, April 19 44

Friday, April 20 ...... 59

Saturday, April 21 73

General Information 76

Registration Form ...... 81

Please visit ambar.org/ILspring2012 for the most up-to-date information. 1 letter from the chairs 2 registration rates, please contact Jessica Smith at registration rates for individual and group attendees! For more information aboutEarly group Bird Registration Deadline is Please note: meeting for lawyers with a practice or interest in international legal issues. leading international practitioners, and the 2012 Spring Meeting is a “Must-Attend” organizations; and academics. ABA International is the “ABA home” for the world’s in government or with non-governmental organizations and inter-governmental significant international practice; corporate and in-house counsel; lawyers serving firms inside and outside the U.S.; U.S.-based small-firm and solo practitioners with respected global law firms; lawyers with the most prominent regional and national Spring Meeting attendees will include high-level practitioners with the largest and most outstanding program. and Section staff have invested a tremendous amount of effort to develop an Museum of Art. The Spring Meeting Co-Chairs, members of the Planning Committee, Union League Club, and the incomparable Temple of Dendur at the Metropolitan our headquarters hotel. We will have wonderful receptions at the Grand Hyatt, the The Grand Hyatt New York will serve as both our programming headquarters and as even greater attendance this year. 49 countries participated in the 2010 Spring Meeting in New York, and we expect an important gatherings of international practitioners. More than 1,400 attendees from center. The Spring Meeting—held biennially in New York—is one of the world’s most entrepreneurial spirit makes it not just a global financial center but a global legal to New York have created a unique, diverse, and vibrant culture and city. New York’s2012. New York is the most exciting city in the world—the waves of immigration to invite you to a very special 2012 Spring Meeting in New York, NY, April 17-21, On behalf of the ABA Section of International Law (ABA International), I am pleased Dear Fellow Section Members: have reserved a special nightly rate of Hotel room block at The Grand Hyatt New York: register online. (you can register up to the last day of the Spring Meeting), but you will not be able to Pre-Registration Final Deadline is

March 30, 2012.

February 27, 2012. $279 plus applicable daily tax per room for single 2012 Spring Meeting ABA Section of International Law International of Section ABA Meeting 2012 Spring [email protected] Deadline is March 27, 2012. We You can register after that date Take advantage of the low . LETTER FROM THE CHAIRS 3

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n a i L SA Ry 2012 New York Spring Meeting Co-Chairs Meeting Spring York New 2012 The number of rooms available at this special rate is limited and subject to subject and limited is rate special this at available rooms of number The . . Participate in specialized meetings with colleagues who sharespecialized colleagues in with who meetings Participate business working committee attending by interest areas of your and breakfasts, dinners; committee division meetings, and legalprofession. the services and for dynamicproducts of exhibitors Visit Friday Chair’s Closing Reception at the Grand Hyatt New York. New Hyatt Grand the at Reception Closing Chair’s Friday information receive experts and top from Learnlatest the area; practice your for relevant is that lawyers international brightest and best the with Network luncheons, ticketed particularlyour and meeting at the throughout twiceevents; daily evening breaks, networking and Tuesday Reception at the Grand Hyatt New York; New Hyatt Grand the at Reception Tuesday League Club; Union the at Reception Opening Wednesday of Art; Museum and Metropolitan the at Gala Reception Thursday Networking opportunities with contemporaries from around the world; the around from contemporaries with opportunities Networking credits; CLE of worth year’s Anentire firm law counsel, corporate programmingfor Special and students; law lawyers,and young management, export programming, mini-track including our in content Focused privacy. and intellectualproperty, trade, international controls, More than 70 substantive concurrent continuing legal education legaleducation continuing concurrent substantive than 70 More speakers; world-class with topics, cutting-edge on sessions ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ BURKE Chair MICHAEL MICHAEL As Walt Whitman said, there is no place like New York. Join us at the crossroads of the the of crossroads the at us Join York. New like place no is there said, Whitman Walt As Meeting. Spring spectacular a for world LEARN, NETWORK, AND PARTICIPATE: AND NETWORK, LEARN, OUTSTANDING NETWORKING OPPORTUNITIES: NETWORKING OUTSTANDING Please visit ambar.org/ILspring2012 for the most up-to-date information. ATTENDANCE AT THE 2012 SPRING MEETING OFFERS: MEETING SPRING 2012 THE AT ATTENDANCE and double occupancy. Reservations may be made online at at online made be may Reservations occupancy. double and recommended. is booking early so out, selling com/go/SIL PAN L N ING COMMITTEE Planning Commi Planning 2012SPRINGMeet 4 Gretchen C. Bellamy Bellamy C. Gretchen R. Duane Propst Propst Duane R. Audrey B. Lamb Lamb B. Audrey Jessica L. Smith Smith L. Jessica Ingrid Busson-Hall Busson-Hall Ingrid

Charles D. “Chad” Schmerler Schmerler D. “Chad” Charles Christine M. Castellano Castellano M. Christine Madeleine Giansanti Cag Cag Giansanti Madeleine Andrew Otis Otis Andrew Lisa Ryan Ryan Lisa Michael H. Byowitz Byowitz H. Michael David A. Schwartz Schwartz A. David Laurie E. Foster Foster E. Laurie Mark I. Greene Greene I. Mark Erin M. Lawler Lawler M. Erin Peter Guirguis Guirguis Peter J. Alexandra Darraby Darraby Alexandra J. Steven M. Richman Richman M. Steven Michael E. Burke Burke E. Michael Ethan E. Litwin Litwin E. Ethan Neil Quartaro Quartaro Neil Adam B. Farlow Farlow B. Adam Sara P. Sandford P. Sandford Sara Jennifer Hilsabeck Hilsabeck Jennifer Pat English Pat English Gabrielle M. Buckley Buckley M. Gabrielle Albert Garrofé Garrofé Albert Cortney R. Nathanson Nathanson R. Cortney Lisa J. Savitt Savitt J. Lisa Fiona A. Schaeffer Schaeffer A. Fiona Ausra O. Deluard O. Deluard Ausra • Fragomen, Del Rey, Bernsen & Loewy, LLP • Matawan, New Jersey, USA Jersey, New •Matawan, LLP &Loewy, Bernsen Rey, Del • Fragomen, • American Bar Association Section of International Law • Washington, DC, USA DC, •Washington, Law International of Section Association Bar • American • American Bar Association Section of International Law • Washington, DC, USA DC, •Washington, Law International of Section Association Bar • American • American Bar Association Section of International Law • Washington, DC, USA DC, •Washington, Law International of Section Association Bar • American Marcos Ríos Ríos Marcos Barton Legum Legum Barton • Curtis, Mallet-Prevost, Colt & Mosle LLP • New York, New York, USA York, New York, •New LLP &Mosle Colt Mallet-Prevost, • Curtis, • Crédit Agricole Corporate & Investment Bank • New York, New York, USA York, New York, •New Bank &Investment Corporate Agricole • Crédit • University of Miami School of Law HOPE Public Interest Resource Center • Center Resource Interest Public HOPE Law of School Miami of • University • Cravath, Swaine & Moore LLP • New York, New York, USA York, New York, •New LLP &Moore Swaine • Cravath, • Matheson Ormsby Prentice • New York, New York, USA York, New York, •New Prentice Ormsby • Matheson • Morgan, Lewis & Bockius LLP • New York, New York, USA York, New York, •New LLP &Bockius Lewis • Morgan, • Fulbright & Jaworski L.L.P. • New York, New York, USA York, New York, •New L.L.P. &Jaworski • Fulbright • Fulbright & Jaworski L.L.P. • New York, New York, USA York, New York, •New L.L.P. &Jaworski • Fulbright • Watson, Farley & Williams • New York, New York, USA York, New York, •New &Williams Farley • Watson, • Wachtell, Lipton, Rosen & Katz • New York, New York, USA York, New York, •New &Katz Rosen Lipton, • Wachtell, • Wachtell, Lipton, Rosen & Katz • New York, New York, USA York, New York, •New &Katz Rosen Lipton, • Wachtell, • Hughes Hubbard & Reed • New York, New York, USA York, New York, •New &Reed Hubbard • Hughes • Crowell & Moring LLP • Washington, DC, USA DC, •Washington, LLP &Moring • Crowell in • Baker & McKenzie LLP • London, United Kingdom United •London, LLP &McKenzie • Baker • Cuatrecasas, Gonçalves Pereira • Barcelona, Spain •Barcelona, Pereira Gonçalves • Cuatrecasas, • Arnall Golden Gregory LLP • Washington, DC, USA DC, •Washington, LLP Gregory Golden • Arnall • Corn Products International, Inc. • Westchester, Illinois, USA Illinois, •Westchester, Inc. International, Products • Corn • Garvey Schubert Barer • Seattle, Washington, USA Washington, •Seattle, Barer Schubert • Garvey air 2011-12 air ctio S • Duane Morris LLP • Cherry Hill, New Jersey, USA Jersey, New Hill, •Cherry LLP Morris • Duane • Gregory P. Joseph Law Office • New York, New York, USA NewYork, NewYork, • Office Law Joseph P. • Gregory Coral Gables, Florida, USA Florida, Gables, Coral • Carey y Compañía Ltda. • Santiago, Chile •Santiago, Ltda. yCompañía • Carey mmittee G eeri S e - G eti M • Lewis and Roca LLP • Las Vegas, Nevada, USA Nevada, Vegas, •Las LLP Roca and • Lewis g t • The Art Law Firm • Los Angeles, California, USA California, Angeles, Los • Firm Law Art • The • Fulbright & Jaworski L.L.P. • New York, New York, USA York, New York, •New L.L.P. &Jaworski • Fulbright e • Salans & Associés SCP • Paris, France •Paris, SCP &Associés • Salans t • Jones Day • New York, New York, USA York, New York, •New Day • Jones

• Jones Day • New York, New York, USA York, New York, •New Day • Jones • Vedder Price P.C. • Chicago, Illinois, USA Illinois, •Chicago, P.C. Price • Vedder t n • Jones Day • New York, New York, USA York, New York, •New Day • Jones n n e

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2012 Spring Meeting ABA Section of International Law International of Section ABA Meeting 2012 Spring C C o o C h airs PAN L N ING COMMITTEE 5 view Group) e R p mmittee) o ou C r tors g a n mmittee & Program o C • Fasken Martineau • Paris, France o • New York, New York, USA • New York, New York, USA • Garrigues • Madrid, Spain • Wiley Rein LLP • Washington, DC, USA C • Navigant • Los Angeles, California, USA • Colonnelli de Gasperis Studio Legale • Milan, Italy • Dillon Eustace • Dublin, Ireland • Perkins Coie LLP • Washington, DC, USA r • Arias & Muñoz • San José, Costa Rica g • TheWorld Washington,Bank • DC, USA • Wiley Rein LLP • Washington, DC, USA r • Stikeman Elliott LLP • New York, New York, USA • Linklaters • London, United Kingdom • The Art Law Firm • Los Angeles, California, USA • JAMS International • London, United Kingdom • Littler Mendelson • New York, New York, USA New York, New York, USA T ack ordi • BAE Systems • Trabuco Canyon, California, USA • BAE Systems • Trabuco Canyon, California, USA r • Vedder Price P.C. • New York, New York, USA • Nicoletti Hornig & Sweeney • New York, New York, USA • Corn Products International, Inc. Westbrook, • Illinois, USA • Borden Ladner Gervais • Toronto, Ontario, Canada • Hofstra Law School • Hempstead, New York, USA • BenBasat Law Group, P.A. • Weston, Florida, USA • BenBasat Law Group, P.A. • Weston, Florida, USA po am review • Michigan Supreme Court Lansing, • Michigan, USA • The Ben C. Green LawLibrary • Cleveland, Ohio, USA • Global Risk Solutions, LLC • New York, New York, USA • Crowell & Moring LLP • New York, New York, USA • BONF International Enterprises • New York, New York, USA • DeBenedetti Majewski Szcześniak • New York, New York, USA (and also members of the Planning • Fulbright & Jaworski L.L.P. • New York, New York, USA • University of Miami School of Law • Coral Gables, Florida, USA • Carvalho, Machado, Timm & Deffenti Advogados • São Paulo, Brazil • Ohio Northern University Pettit College of Law • Ada, Ohio, USA Susana Cabrera • Vale Columbia Center on Sustainable International Investment • Raïssa Bambara Martha Chemas Jen Green • Office of the United TradeStates Representative Washington, • DC, USA Kieran Cowhey Enid Carranza • Civil Rights Center, U.S. Department of Labor • Washington, DC, USA Tim Brightbill Coralie Colson (and also members of the Planning Alan M. Koral Judith Beckhard Cardoso Philip Berkowitz Birgit Kurtz Juli Campagna W. HartmannW. Young Mikhail Reider-Gordon Lorraine Brennan William R. Black William R. Black Bayo Callender Caryl Ben Basat Caryl Ben Basat Jeffery A. Barnes Alexandra Darraby Robert E. DeFrancesco, III Peter Guirguis Gordon N. Cameron Kathleen Carrick Richard Walsh T. Rik Andrews Liza Almo Michael Marks Cohen Francisca Brodrick Brian Anderson Gretchen Bellamy David DeBenedetti Mattia Colonnelli de Gasperis Christine M. Castellano Victor Mroczka Cristiano Carvalho Please visit ambar.org/ILspring2012 for the most up-to-date information. PAN L N ING COMMITTEE 6 Pascale Dubois Dubois Pascale

Gordon Lederman Lederman Gordon Peter M. Hosinski Hosinski M. Peter Jonas Lerman Lerman Jonas Madeleine Giansanti Cag Cag Giansanti Madeleine Lawrence M. Friedman Friedman M. Lawrence Norman Greene Greene Norman Nancy Matos Matos Nancy Marielle Koppenol-Laforce Koppenol-Laforce Marielle Saul Ricardo Feilbogen Feilbogen Ricardo Saul Christine Meyer Meyer Christine Ethan E. Litwin Litwin E. Ethan Theodore Edelman Edelman Theodore Vanessa Lantin Lantin Vanessa Christina Hultsch Hultsch Christina Marc J. Goldstein Goldstein J. Marc Patrick Del Duca Duca Del Patrick Ute Krudewagen Krudewagen Ute Lisl J. Dunlop Dunlop J. Lisl Carine Feipel Feipel Carine Dario Cadena Lleras Lleras Cadena Dario Leopoldo Martinez Martinez Leopoldo Jennifer Diaz Diaz Jennifer Jonathan M. Meyer Meyer M. Jonathan Birgit Kurtz Kurtz Birgit Albert Garrofe Garrofe Albert Peter Matson Matson Peter Timothy Howe Howe Timothy Aaron Maar Page Page Maar Aaron Alan M. Koral Koral M. Alan Martin G. Masse Masse G. Martin O. Kip Dillihay II II Dillihay O. Kip Anders Forkman Forkman Anders Cian McCourt McCourt Cian Hartmut Krause Krause Hartmut Suzanne Krebs Krebs Suzanne Ausra O. Deluard O. Deluard Ausra Vlad Frants Frants Vlad Elliot Feldman Feldman Elliot Gregory McLaughlin McLaughlin Gregory • The World Bank, Office of Evaluation and Suspension • Washington, DC, USA DC, Washington, • Suspension and Evaluation of Office Bank, World • The Ronald Lachner Lachner Ronald • U.S. Court of Appeals for the Second Circuit • New York, New York, USA York, New York, •New Circuit Second the for Appeals of Court • U.S. Fred Green Green Fred Sabine C. Klett Klett C. Sabine • Baker & McKenzie Amsterdam N.V. • Amsterdam, The Netherlands The N.V. •Amsterdam, Amsterdam &McKenzie • Baker Jeff Kerbel Kerbel Jeff • Schoeman, Updike & Kaufman, LLP • New York, New York, USA York, New York, •New LLP &Kaufman, Updike • Schoeman, • Becker, Glynn, Melamed & Muffly LLP • New York, New York, USA NewYork, NewYork, LLP • &Muffly Melamed Glynn, • Becker, • Senate Committee on Homeland Security and Governmental Affairs • Affairs Governmental and Security Homeland on Committee • Senate • Administrative Office of US Courts • Washington, DC, USA DC, •Washington, Courts US of Office • Administrative • NERA Economic Consulting • White Plains, New York, USA York, New Plains, •White Consulting Economic • NERA • Hughes Hubbard & Reed LLP • New York, New York, USA York, New York, •New LLP &Reed Hubbard • Hughes • Arendt & Medernach LLC • New York, New York, USA York, New York, •New LLC &Medernach • Arendt • Shearman & Sterling LLP • New York, New York, USA York, New York, •New LLP &Sterling • Shearman • Becker & Poliakoff, P.A. • Coral Gables, Florida, USA Florida, Gables, Coral • P.A. &Poliakoff, • Becker • Crowell & Moring LLP • New York, New York, USA York, New York, •New LLP &Moring • Crowell • Law Offices of Peter H. Matson • Madliena, Malta Madliena, • Matson H. Peter of Offices • Law • Porter Wright Morris & Arthur • Columbus, Ohio, USA Ohio, •Columbus, &Arthur Morris Wright • Porter • Marc J. Goldstein Litigation & Arbitration Chambers • Chambers &Arbitration Litigation Goldstein J. • Marc • Baker & McKenzie LLP • Palo Alto, California, USA California, Alto, •Palo LLP &McKenzie • Baker • Sullivan & Cromwell LLP • New York, New York, USA York, New York, •New LLP &Cromwell • Sullivan • Zuber & Taillieu LLP • Los Angeles, California, USA California, Angeles, •Los LLP &Taillieu • Zuber • Cuatrecasas, Goncalves Pereira • Barcelona, Spain •Barcelona, Pereira Goncalves • Cuatrecasas, • Ernst and Young • New York, New York, USA York, New York, •New Young and • Ernst • Barnes, Richardson & Colburn • New York, New York, USA York, New York, •New &Colburn Richardson • Barnes, • Sanofi Pasteur • Swiftwater, Pennsylvania, USA Pennsylvania, Swiftwater, • Pasteur • Sanofi • Vedder Price P.C. • New York, New York, USA York, New York, •New P.C. Price • Vedder • A&L Goodbody • New York, New York, USA York, New York, •New • A&L Goodbody • Gregory P. Joseph Law Office • New York, New York, USA NewYork, NewYork, • Office Law Joseph P. • Gregory • Microsoft • Redmond, Washington, USA Washington, •Redmond, • Microsoft New York, New York, USA York, New York, New • NautaDutilh • New York, New York, USA York, New York, •New • NautaDutilh • LMN Consulting LLC • Washington, DC, USA DC, •Washington, LLC Consulting • LMN • Vitale Manoff & Feilbogen • Buenos Aires, Argentina Aires, Buenos • Feilbogen & Manoff • Vitale • Forum Nobis PLLC • Washington, DC, USA DC, •Washington, PLLC Nobis • Forum • McMillan LLP • Ottawa, Ontario, Canada Ontario, •Ottawa, LLP • McMillan • Advokatfirman Vinge KB • Malmö, Sweden Malmö, KB • Vinge • Advokatfirman • Baker Hostetler • Washington, DC, USA DC, •Washington, Hostetler • Baker Washington, DC, USA DC, Washington, • Allen & Overy LLP • Frankfurt, Germany •Frankfurt, LLP &Overy • Allen • Wiesner & Asociados Ltda. • Bogotá, Colombia •Bogotá, Ltda. &Asociados • Wiesner • Attorney at Law • Brooklyn, New York, USA York, New •Brooklyn, Law at • Attorney • Bennett Jones • Ontario, Canada •Ontario, Jones • Bennett • The KOD Group • Atlanta, Georgia, USA Georgia, Atlanta, • Group KOD • The • Jones Day • New York, New York, USA York, New York, •New Day • Jones • BLP Abogados • San José, Costa Rica Costa José, •San Abogados • BLP • Noerr LLP • Muenchen, Germany •Muenchen, LLP • Noerr • Houthoff Buruma • Rotterdam, The Netherlands The Rotterdam, • Buruma • Houthoff • IBM • Armonk, New York, USA York, New •Armonk, • IBM 2012 Spring Meeting ABA Section of International Law International of Section ABA Meeting 2012 Spring PAN L N ING COMMITTEE 7 • Frankfurt, Germany • TRLPLAW • Lagos, Nigeria • Bird & Bird • Paris, France • Sanchez Devanny • Monterrey, Mexico • New York, New York, USA • NautaDutilh • New York, New York, USA • Navigant • Los Angeles, California, USA • Graf & Pitkowitz • Vienna, Austria • Ernst & Young • Paris, France • Lanna Peixoto • Sao Paulo, Brazil São Paulo, Brazil • Basham, Ringe y Correa, SC • Monterrey, Mexico • Noerr LLP • Muenchen, Germany • Venable LLP • New York, New York, USA • Cambridge LLP • Toronto, Ontario, Canada • Lane Powell PC • Anchorage, Alaska, USA • CliffsideInn Newport, • Rhode Island, USA • White & Case • New York, New York, USA • DLA Piper LLP • Miami, Florida, USA • AdvokatfirmanVinge KB • Malmö, Sweden • Cozen O’Connor • Washington, DC, USA • NautaDutilh • New York, New York, USA • NYS Supreme Court • New York, New York, USA • Marval, O’Farrell & Mairal • Buenos Aires, Argentina • Weil, Gotshal & Manges LLP • Houston, Texas, USA • Perlberger Law Offices • Beverly Hills, California, USA • Thompson Coburn Washington,LLP • DC, USA • Cuatrecasas, Gonçalves Pereira • Barcelona, Spain • Campos Mello Advogados, in cooperation with DLA Piper • • Machado, Meyer, Sendacz & Opice • São Paulo, Brazil • Holly A. Silver, P.C. • New York, New York, USA • Barnes, Richardson & Colburn • Washington, DC,USA • Crowell & Moring LLP • Washington, DC, USA • Rashbaum Associates, LLC • New York, New York, USA • Whiteford, & Preston, Taylor LLP • Baltimore, Maryland, USA • Wachtell, Lipton, Rosen & Katz • New York, New York, USA • Simpson Thacher & Bartlett LLPYork,New • York,New USA • Liberty University School of Law • Lynchburg, Virginia, USA • NERA Economic Consulting • White Plains, New York, USA Natalia Nikiforova • Gibson, Dunn & Crutcher LLP • Los Angeles, California, USA • Stampe, Haume & Hasselriis Law Firm • Copenhagen, Denmark Emilie Simone Roselyn Sands Annet van Hooft • Western State University College of Law • Fullerton, California, USA Jan Rudolph • Mitchell Silberberg & Knupp LLP • Los Angeles, California, USA • Office of the United TradeStates Representative Washington, • DC, USA Olufunmi Oluyede Bruno Peixoto Ryan Reetz Marcy Stras Ruud Smits Nikolaus Pitkowitz Pär Remnelid Renata Neeser Lisa Savitt Margaret Stock Nancy Stafford Mark S. Vecchio Terry Polino • U.S. State Department, Near Eastern Affairs,Iraq Washington,Desk • DC, USA Holly Silver Raong Phalavong Sonia Velasco Ricardo León Santacruz Monica Villegas Mikhail Reider-Gordon Meredith Parenti Ken Rashbaum Patricia Scharlau Elizabeth van Schilfgaarde Cortney Morgan Martin Perlberger Hernan Slemenson Lauren Stiroh Susan Ross Edna Udobong Colin Richard David Schwartz Carlos Velazquez De Leon T. AloraT. Thomas Terry A. Selzer Joao Otávio Olivério Natalie Turner Susan Jaffe Roberts Victor Mroczka SusanNotar Please visit ambar.org/ILspring2012 for the most up-to-date information. PAN L N ING COMMITTEE 8 Ingrid Busson-Hall Busson-Hall Ingrid

Madeleine Giansanti Cag Cag Giansanti Madeleine G G MARKETI Christine M. Castellano Castellano M. Christine David DeBenedetti DeBenedetti David Ken Wasserman Wasserman Ken Michael H. Byowitz Byowitz H. Michael Michele Lieberman Lieberman Michele Carole Basri Basri Carole Carole Basri Basri Carole Mark Rebergen Rebergen Mark Christopher B. Suell Suell B. Christopher JoAnne Wakeford Wakeford JoAnne Richard T. Walsh Richard T. Walsh Richard Salvo Arena Arena Salvo Peter Guirguis Guirguis Peter Soraya Bosi Bosi Soraya Sandy Walker Walker Sandy Jeffery A. Barnes Barnes A. Jeffery Glenn Hendrix Hendrix Glenn William R. Black Black R. William N W. Hartmann Young Young W. Hartmann Henry Chang Chang Henry Ricardo León Santacruz Santacruz León Ricardo Albert Garrofé Garrofé Albert Marla Bergman Bergman Marla W. Gregory Voss W. Gregory Gregory M. McLaughlin McLaughlin M. Gregory O Ausra O. Deluard O. Deluard Ausra Darwin Bolden Bolden Darwin Sandy Tronier Tronier Sandy UTREACH Enid Carranza Carranza Enid Sandeep Kapoor Kapoor Sandeep rate COR • Corporate Lawyering Group, LLC / Corporate Lawyering Association • Association Lawyering /Corporate LLC Group, Lawyering • Corporate • Association Lawyering /Corporate LLC Group, Lawyering • Corporate Olufunmi Oluyede Oluyede Olufunmi William Eric Wolff Eric William • Crédit Agricole Corporate & Investment Bank • New York, New York, USA York, New York, •New Bank &Investment Corporate Agricole • Crédit • Chiomenti Studio Legale, L.L.C. • New York, New York, USA York, New York, •New L.L.C. Legale, Studio • Chiomenti • Law Offices of Kenneth T. Wasserman • New York, New York, USA NewYork, NewYork, • T.Kenneth Wasserman of Offices • Law • Nelson Levine de Luca & Horst • New York, New York, USA York, New York, •New &Horst Luca de Levine • Nelson P • De Brauw Blackstone Westbroek • New York, New York, USA York, New York, •New Westbroek Blackstone Brauw • De O • Fulbright & Jaworski L.L.P. • New York, New York, USA York, New York, •New L.L.P. &Jaworski • Fulbright • Fraser Milner Casgrain LLP • Toronto, Ontario, Canada Ontario, •Toronto, LLP Casgrain Milner • Fraser (and also members of the Planning Planning the of members also (and Planning the of members also (and (and also members of the Planning Planning the of members also (and • DeBenedetti Majewski Szcześniak • New York, New York, USA York, New York, •New Szcześniak Majewski • DeBenedetti • Technology Conservation Group, Inc. • Lecanto, Florida, USA Florida, •Lecanto, Inc. Group, Conservation • Technology • Wachtell, Lipton, Rosen & Katz • New York, New York, USA York, New York, •New &Katz Rosen Lipton, • Wachtell,

• Fraser Milner Casgrain LLP • Montréal, Quebec, Canada Quebec, •Montréal, LLP Casgrain Milner • Fraser • Global Risk Solutions, LLC • New York, New York, USA York, New York, •New LLC Solutions, Risk • Global USA York, New York, •New LLC Solutions, Risk • Global ( • Blaney McMurtry LLP • Toronto, Ontario, Canada Ontario, •Toronto, LLP McMurtry • Blaney • Arnall Golden Gregory LLP • Atlanta, Georgia, USA Georgia, •Atlanta, LLP Gregory Golden • Arnall • Gregory P. Joseph Law Offices LLC • New York, New York, USA NewYork, New York, LLC • Offices Law Joseph P. • Gregory T orshi Sp • Cuatrecasas, Gonçalves Pereira • Barcelona, Spain •Barcelona, Pereira Gonçalves • Cuatrecasas, • Corn Products International, Inc. • Westchester, Illinois, USA Illinois, •Westchester, Inc. International, Products • Corn • Borden Ladner Gervais • Toronto, Ontario, Canada Ontario, •Toronto, Gervais Ladner • Borden O • Florida A&M College of Law • Orlando, Florida, USA Florida, •Orlando, Law of College A&M • Florida • BAE Systems • Trabuco Canyon, California, USA California, Canyon, •Trabuco Systems • BAE New York, New York, USA York, New York, New USA York, New York, New

o • Goldman Sachs • New York, New York, USA York, New York, •New Sachs • Goldman

• Evolve Discovery • Portland, Oregon, USA Oregon, •Portland, Discovery • Evolve I C N • Bolden Law, PC • Washington, DC, USA DC, •Washington, PC Law, • Bolden n • University of Toulouse I • Toulouse, France I•Toulouse, Toulouse of • University OU • Arias & Muñoz • San José, Costa Rica Costa José, •San &Muñoz • Arias C s • Jones Day • New York, New York, USA USA York, New York, •New Day • Jones • Perkins Coie LLP • Washington, DC, USA DC, •Washington, LLP Coie • Perkins LUDE • Sequoia Capital • Bangalore, India India •Bangalore, Capital • Sequoia N S • Sanchez Devanny • Monterrey, Mexico •Monterrey, Devanny • Sanchez EL • TRLPLAW • Lagos, Nigeria •Lagos, • TRLPLAW • Easton, Pennsylvania, USA Pennsylvania, • Easton,

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• Jones Day • New York, New York, USA Y D L • Arthur Cox • New York, NewYork, USA N HEO • Venable LLP• New York, New York, USA • TheKOD Group • Altanta, Georgia, USA • Bolden Law, PC • Washington, DC, USA • McMillan LLP • Ottawa, Ontario, Canada A • The Art Law Firm • Los Angeles, California, USA C A N

L N S • NYS Supreme Court • New York, New York, USA • Case Western Reserve University • Cleveland, Ohio, USA • Case Western Reserve University • Cleveland, Ohio, USA • Hofstra Law School • Hempstead,New York, USA T • Machado, Meyer, Sendacz & Opice • São Paulo, Brazil • Blaney McMurtry LLP • Toronto, Ontario, Canada • Global Risk Solutions, LLP • New York, New York, USA L • Global Risk Solutions, LLC • New York, New York, USA N • Marval, O’Farrell & Mairal • New York, New York, USA N • Shearman & Sterling LLP • New York, New York, USA / A • Porter Wright Morris & Arthur LLP • Columbus, Ohio, USA (and also members of the Planning (and also members of the Planning (and also members of the Planning (and also members of the Planning • Hughes Hubbard & Reed LLP • New York, New York, USA • Hughes Hubbard & Reed LLP • New York, New York, USA • Hughes Hubbard & Reed LLP • New York, New York, USA • Fulbright & Jaworski L.L.P. • New York, New York, USA • Simpson Thacher & Bartlett LLPYork,New • York,New USA N E O • De Brauw Blackstone Westbroek • New York, New York, USA

O • Chiomenti Studio Legale, L.L.C. • New York, NewYork, USA • Chiomenti Studio Legale, L.L.C. • New York, New York, USA Raïssa Bambara Raïssa Bambara YU G aw • Baker & McKenzie Amsterdam • Amsterdam, N.V. TheNetherlands T William Eric Wolff Y N Natalia Nikiforova I er tio KEN U te Gary McSharry Darwin Bolden Ausra Deluard O. Kip Dillihay O. Mark S. Vecchio SOCIAL ve Gwendolynne Chen Martin G. Masse Judith Beckhard Cardoso Henry Chang Juli Campagna Monica Villegas Lisl J. Dunlop Patricia Scharlau Elizabeth van Schilfgaarde J. Alexandra Darraby Peter Guirguis Ton SchutteTon Salvo Arena Salvo Arena Richard Walsh T. Richard Walsh T. Alejandra Rivelis Ethan E. Litwin Ethan E. Litwin Ethan E. Litwin Kathleen M. Carrick Kathleen M. Carrick T. AloraT. Thomas Christina Hultsch Nancy Matos Please visit ambar.org/ILspring2012 for the most up-to-date information. PAN L N ING COMMITTEE 10 Laura L. Turtle Herzer Herzer Turtle L. Laura Janiece Brown Spitzmueller Spitzmueller Brown Janiece

Saba Ahmed Ahmed Saba Russell W. Dombrow Russell Jennifer Dorm Ambrose Ambrose Dorm Jennifer Lawrence D.W. Lawrence Graves Geoffrey S. Belsher Belsher S. Geoffrey Priscila Brolio Gonçalves Gonçalves Brolio Priscila Sessi Sonayon Akojenu Akojenu Sonayon Sessi John Harrington Harrington John Justin D’Aloia D’Aloia Justin Hernán Camarero Camarero Hernán Karl Hepp de Sevelinges Sevelinges de Hepp Karl Catherine M. Doll Doll M. Catherine Demetrios Eleftherio Eleftherio Demetrios Stephen J. Friedman Friedman J. Stephen Brigitte Gambini Gambini Brigitte Kristen Elliott Elliott Kristen Patricia Scharlau Scharlau Patricia Jennifer Lynn Cady Cady Lynn Jennifer Marcelo Bombau Bombau Marcelo Christopher B. Suell Suell B. Christopher Sterl Greenhalgh Greenhalgh Sterl Linda R. Crane Crane R. Linda Joel B. Blumberg Blumberg B. Joel Jonathan S. Gaynin Gaynin S. Jonathan Elizabeth Barad Barad Elizabeth James P. Duffy III III P.James Duffy Miguel Angel de Dios Dios de Angel Miguel Jonathan R. Booker Booker R. Jonathan Michael Galligan Galligan Michael Marla Bergman Bergman Marla Adam I. Cohen Cohen I. Adam Obi Chukwuka Chukwuka Obi Gwendolynne Chen Chen Gwendolynne Alejandro Ciero Ciero Alejandro Daniel Forbes Forbes Daniel • Temple University Beasley School of Law • Philadelphia, Pennsylvania, USA Pennsylvania, •Philadelphia, Law of School Beasley • Temple University Fernando Aguirre Aguirre Fernando Duco de Boer Boer de Duco Carolyn Ibeh Ibeh Carolyn Caroline Ajie Ajie Caroline Cynthia Cole Cole Cynthia Emilie Simone Simone Emilie • Fordham University School of Law • New York, New York, USA York, New York, •New Law of School University • Fordham • ITT-Technical School of Criminal Justice • Everett, Washington, USA Washington, •Everett, Justice Criminal of • ITT-Technical School • DOAR Litigation Consulting • New York, New York, USA York, New York, •New Consulting Litigation • DOAR • Law Offices of John Harrington • New York, New York, USA NewYork, NewYork, • Harrington John of Offices • Law • Blake, Cassels & Graydon, LLP • New York, New York, USA York, New York, •New LLP &Graydon, Cassels • Blake, • Legal Services of Central New York • Syracuse, New York, USA York, New •Syracuse, York New Central of Services • Legal • The John Marshall Law School • Chicago, Illinois, USA Illinois, Chicago, • School Law Marshall John • The • Richards Cardinal Tützer Zabala & Zaefferer Abogados • Abogados &Zaefferer Zabala Tützer Cardinal • Richards • Sullivan & Worcester LLP • New York, New York, USA York, New York, •New LLP &Worcester • Sullivan • Debevoise & Plimpton LLP • New York, New York, USA York, New York, •New LLP &Plimpton • Debevoise • Machado, Meyer, Sendacz & Opice • São Paulo, Brazil Paulo, •São &Opice Sendacz Meyer, • Machado, • M. & M. Bomchil Abogados • Buenos Aires, Argentina Argentina Aires, •Buenos Abogados Bomchil &M. • M. • Law Office of E. Barad • New York, New York, USA NewYork, NewYork, • Barad E. of Office • Law • Grant Thornton UK LLP • London, United Kingdom United London, • LLP UK Thornton • Grant • Creditor Collectors • West Palm Beach, Florida, USA Florida, Beach, Palm •West Collectors • Creditor • Coolidge & Graves PLLC • Keene, New Hampshire, USA Hampshire, New •Keene, PLLC &Graves • Coolidge • NYCDHPD, Litigation Division • New York, New York, USA York, New York, •New Division Litigation • NYCDHPD, • Federal Aviation Administration • Washington, DC, USA DC, •Washington, Administration Aviation • Federal ommittee G N a P • Littler Mendelson P.C. • New York, New York, USA York, New York, •New P.C. Mendelson • Littler • Berg & Duffy, LLP • Manhasset, New York, USA New York, Manhasset, • LLP &Duffy, • Berg • Phillips Nizer LLP • New York, New York, USA York, New York, •New LLP Nizer • Phillips • Dillon Eustace • New York, New York, USA York, New York, •New Eustace • Dillon • SMU Dedman School of Law • Dallas, Texas, USA Texas, •Dallas, Law of School Dedman • SMU • EMC Corporation • Hopkinton, Massachusetts, USA Massachusetts, •Hopkinton, Corporation • EMC • FTI Consulting • New York, New York, USA York, New York, •New Consulting • FTI • Lagos State Ministry of Justice • Alausa, Lagos, Nigeria Lagos, •Alausa, Justice of Ministry State • Lagos • Goldman Sachs • New York, New York, USA York, New York, •New Sachs • Goldman • Obi Chukwuka & Co • Rivers State, Nigeria State, •Rivers &Co Chukwuka • Obi • Duane Morris LLP • New York, New York, USA York, New York, •New LLP Morris • Duane L • Florida A&M College of Law • Connecticut, USA •Connecticut, Law of College A&M • Florida • Tanoira Cassagne • Buenos Aires, Argentina Aires, •Buenos • Tanoira Cassagne Buenos Aires, Argentina Aires, Buenos • Hernandez & Assoc. • Boulder, Colorado, USA Colorado, •Boulder, &Assoc. • Hernandez • Vella, Pugliese, Buosi & Guidoni • São Paulo, Brazil Paulo, •São &Guidoni Buosi Pugliese, • Vella, • Gide Loyrette Nouel • New York, New York, USA York, New York, •New Nouel Loyrette • Gide • Stibbe • New York, New York, USA York, New York, •New • Stibbe • Progress Chambers • Lagos, Nigeria •Lagos, Chambers • Progress N • De Dios & Goyena • Buenos Aires, Argentina Aires, •Buenos &Goyena Dios • De • C.N. Ajie & Co. • Abuja, Nigeria •Abuja, &Co. Ajie • C.N. • Jones Day • New York, New York, USA York, New York, •New Day • Jones • Global Crossing • Paris, France •Paris, Crossing • Global I • Bufete Aguirre • La Paz, Bolivia Paz, •La Aguirre • Bufete • New York, New York, USA York, New York, • New N C 2012 Spring Meeting ABA Section of International Law International of Section ABA Meeting 2012 Spring PAN L N ING COMMITTEE 11 • Ilorin, Nigeria • City Law Firm • Abuja, Nigeria • Fulbright • Houston, Tower Texas, USA • IUNO • Copenhagen, Denmark • Franklin-Paris LLP • Paris, France • Sequoia Capital • Bangalore, India • Greenberg Traurig, LLP • Miami, Florida, USA • Manchester, New Hampshire, USA • Stibbe • Amsterdam, TheNetherlands • Crowell & Moring, LLP • Washington, DC, USA North Dakota, USA • National Labor Relations Board • Shanghai, China • Luke & Associates • Gaborone, Botswana • Shook Hardy & Bacon • Washington, DC, USA • Deutsche Bank • New York, New York, USA • Girardi Keese • Los Angeles, California, USA • Supo, Olaibi and Company• Lagos, Nigeria • Cleveland Clinic • Cleveland, Ohio, USA New York, New York, USA • Stikeman Elliott LLP • New York, New York, USA • LexisNexis • Hudson, New Hampshire, USA • Colgate University • Hamilton, New York, USA • Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados LLP • New York, New York, USA • Marval, O’Farrell & Mairal • Buenos Aires, Argentina • Fowler White Burnett • Miami, Florida, USA • Hogan Lovells LLP • New York, New York, USA • Basham, Ringe y Correa, S.C. • Monterray, Mexico • Baker Botts, LLP • New York, New York, USA • Stikeman Elliott LLP • Toronto, Ontario, Canada Yusuf Ali San • University of North Dakota School of Law • Grand Forks, • Salmen Navarro & Lavergne, P.C. • New York, New York, USA • Grant Thornton LLP • McLean,Virginia, USA • Murthy Law Firm • Owings Mills, Maryland, USA • Thomas M. Cooley Law School • Lansing, Michigan, USA • Marval, O’Farrell & Mairal • New York, New York, USA • Partners for Democratic Change • Washington, DC, USA • United Nations Dispute Tribunal, United Nations Secretariat • • Bean, Kinney & Korman, P.C. • Arlington, Virginia, USA • Nelson Levine de Luca Horst & • New York, New York, USA • New York University School of Law • New York, New York, USA • Porter Wright Morris & Arthur LLP • Columbus, Ohio, USA • International Relief and Development • Arlington, Virginia, USA • Shulman, Rogers, Gandal, Pordy & Ecker, • Potomac, PA Maryland, USA • Massachusetts Superior Court • North Dartmouth, Massachusetts, USA • Solid Rock Solutions Group, LLC • Stamford, Connecticut, USA Ruth Kleinfeld Sandeep Kapoor Anders Etgen Reitz Lennaert Posch Mark Richardson Dave Rowan Bill Olsen Edward Luke II Nigel Roberts Ibrahim Edmund Mark Yasho Lahiri Fabian A. Pal Olasupo Olaibi Elizabeth A. Kim Howard B. Miller Adam Rosen Peter Pettibone W. BrianW. Rose Jonathan Mason Luis Martinez F. Barclay Richard Nicholson William C. Martucci Lelia Mooney Kel Jack Kenneth Ottenbreit Jennifer J. Lee Alejandra Rivelis Justin G. Persaud Michael Nelson Alfredo M. O’Farrell Dixon Miller F. Christopher B. Monahan Patricia Menendez-Cambo William Johnson P. Patricia Hollis McGruder Marilyn J. Kaman Shannon McNulty Jason P. MatechakJason P. Michelle Keith Hedwin Salmen-Navarro Jerry Alfonso Miles Daniel Calhman de Miranda Please visit ambar.org/ILspring2012 for the most up-to-date information. PAN L N ING COMMITTEE 12 Elizabeth A. Turchi Turchi A. Elizabeth Stella Szantova Giordano Giordano Szantova Stella Janiece Brown Spitzmueller Spitzmueller Brown Janiece

Gustavo Magalhaes Vieira Vieira Magalhaes Gustavo Justin D. Vineberg D. Vineberg Justin Lawrence M. Shindell Shindell M. Lawrence Polibio M. Valenzuela Scheker Scheker Valenzuela M. Polibio Sebastien Savage Savage Sebastien Alena Shautsova Shautsova Alena Neil AJ Sullivan Sullivan AJ Neil Sidney N. Weiss Weiss N. Sidney Madeleine Schachter Schachter Madeleine James R. Silkenat Silkenat R. James The listing of the Planning Committee was compiled as accurately as possible from Section records. records. Section from possible as accurately as compiled was Committee Planning the of listing The Angelica Walker Walker Angelica Sage Shaw Shaw Sage Lloyd M. Winans Winans M. Lloyd Mark E. Wojcik E. Mark Joyce Williams Williams Joyce Masha Shvetsova Shvetsova Masha If we have omitted your name or have it listed incorrectly, we sincerely apologize sincerely we incorrectly, listed it have or name your omitted have we If Alan Youngs Youngs Alan Shikhil Suri Suri Shikhil Stephan Wilske Wilske Stephan Dana B. Taschner Taschner B. Dana • Temple University Beasley School of Law • Philadelphia, Pennsylvania, USA Pennsylvania, •Philadelphia, Law of School Beasley • Temple University • Corporate Lawyering Group LLC • New York, New York, USA York, New York, •New LLC Group Lawyering • Corporate • International Tax Compliance Strategy • Scarsdale, New York, USA York, New •Scarsdale, Strategy Tax Compliance • International • Anthony Collelueori & Associates, PLLC • Melville, New York, USA York, New •Melville, PLLC &Associates, Collelueori • Anthony • Davies Ward Phillips & Vineberg LLP • Montreal, Quebec, Canada Quebec, •Montreal, LLP &Vineberg Phillips Ward • Davies Salli A. Swartz Swartz A. Salli • Davies Ward Phillips & Vineberg LLP • Montreal, Quebec, Canada Quebec, •Montreal, LLP &Vineberg Phillips Ward • Davies Shanie Stein Stein Shanie • Law Office Of Sidney N. Weiss • New York, New York, USA NewYork, NewYork, • N.Weiss Sidney Of Office • Law • ARIS Title Insurance Corporation • New York, New York, USA York, New York, •New Corporation Insurance Title • ARIS Santo Domingo, Dominican Republic Dominican Domingo, Santo • Quinnipiac University School of Law • Hamden, Connecticut, USA Connecticut, •Hamden, Law of School University • Quinnipiac • Viana & Walker Associates • New York, New York, USA York, New York, •New Associates & Walker • Viana • The John Marshall Law School • Chicago, Illinois, USA Illinois, Chicago, • School Law Marshall John • The • Sullivan & Worcester LLP • New York, New York, USA York, New York, •New LLP &Worcester • Sullivan • Baker & McKenzie LLP • New York, New York, USA York, New York, •New LLP &McKenzie • Baker • Vieira e Pessanha Advogados Associados • Rio de Janeiro, Brazil Janeiro, de •Rio Associados Advogados ePessanha • Vieira • Phoenix School of Law • Phoenix, Arizona, USA Arizona, •Phoenix, Law of School • Phoenix • The Youngs Group • Denver, Colorado, USA Colorado, Denver, • Group • The Youngs • Crowell & Moring • Washington, DC, USA DC, •Washington, &Moring • Crowell • NYCDHPD, Litigation Division • New York, New York, USA York, New York, •New Division Litigation • NYCDHPD, • Baker & McKenzie LLP • New York, New York, USA York, New York, •New LLP &McKenzie • Baker • Diligence, Inc. • New York, New York, USA York, New York, •New Inc. • Diligence, • Squire, Sanders & Dempsey Peña Prieto Gamundi • Gamundi Prieto Peña &Dempsey Sanders • Squire, • Gleiss Lutz • Stuttgart, Germany •Stuttgart, Lutz • Gleiss • St. Louis, Missouri, USA Missouri, Louis, • St. • Artus Wise • Paris, France France •Paris, Wise • Artus • Los Angeles, California, USA California, Angeles, • Los 2012 Spring Meeting ABA Section of International Law International of Section ABA Meeting 2012 Spring .

2012 SPRING Meeting Sponsors and Exhibitors Current as of 12-15-11

Primarr y Co porate Sponsor of the Section of International Law

A Premier Media SPONSOR ®

Anni O l ne Media Partner

AOE C NT NT AND MEDIA PARTNER

g old sponsors hibitors x E

thursday gala reception sponsor so n o p s & rs

frida y chair’s closing reception Sponsor

wed nesday opening reception sponsors primary sponsor

S secondary ponsors

14 2012 Spring Meeting ABA Section of International Law 2012 SPRING Meeting Sponsors and Exhibitors

S secondary ponsors (continued)

T I uesday W N/SIN/gin/yin/outreach reception sponsor rs & s p

Wd e nesday luncheon sponsor o n so

T hursday luncheon sponsor E x hibitors

po r gram materials sponsors

com pliance/regulatory track sponsor

Ds i pute resolution track sponsors

L aw Practice management track sponsor

s ponsor

co nference delegate bags sponsor

Please visit ambar.org/ILspring2012 for the most up-to-date information. 15 2012 SPRING Meeting Sponsors and Exhibitors

o n-site meeting information guide sponsor

co nference pads & pens sponsor

H otel key cards & welcomE flyer sponsor

WII -F SPONSor

meetig n APP SPONSOR

umbrella sponsor

LAY N Ards SPONSOR hibitors x E WED NEsdaY AFTERNOON NETWORKING BREAK SPONSOR so n THURSDA Y AfterNOON o p NETWORKING BREAK SPONSOR s & rs

Cr o porate Counsel Breakfast Sponsor

COUR NT Y SPONSORS

Canada China

Ireland Luxembourg

Mexico Netherlands Switzerland

16 2012 Spring Meeting ABA Section of International Law 2012 SPRING Meeting Sponsors and Exhibitors

CO E NFereNC BAG INSERT sponsors

P UblicitY SPONSORS

MEETI U NG S PPORTERS rs & s p o n so E x hibitors

MEETI NG Exhibitors

®

Please visit ambar.org/ILspring2012 for the most up-to-date information. 17 2012 SPRING Meeting Sponsors and Exhibitors

MEETI NG Exhibitors (continued)

MEDIA SPONSORS

hibitors x E

® so n o p s & rs

p referred restaurant sponsor

18 2012 Spring Meeting ABA Section of International Law

coo g peratin entities Current as of as 12-19-11Current Coo 2012SPRINGMeet 20

Canadian Bar Association, National Section on International Law (CBA-NSIL) Law on International Section National Association, Bar Canadian Austrian Federal Bar Association (Österreichischer Rechtsanwaltskammertag) (Österreichischer Association Bar Federal Austrian Corporate Lawyering Group, LLC and Corporate Lawyering Association Lawyering Group, Corporate and LLC Lawyering Corporate Connecticut Bar Association Section of International Law and Practice and Law of International Section Association Bar Connecticut p Consejo General de la Abogacia Espanola - Spanish Bar Association Bar - Spanish Espanola de la Abogacia General Consejo e ra International Institute for Conflict PreventionResolution &for Conflict Institute International Law Society of England and Wales, International Division Wales, and International of England Society Law ANADE, Asociacion Nacional de Abogados de Empresa de Empresa de Abogados Nacional Asociacion ANADE, Hawaii State Bar Association International Law Section Law International Association State Bar Hawaii The Society of English and American Lawyers (SEAL) (SEAL) Lawyers American and ofEnglish TheSociety State Bar of Wisconsin, International Practice Section Section Practice ofInternational Wisconsin, State Bar Association Internationale des Jeunes Avocats (AIJA) Jeunes des Internationale Association Law Council of Australia, International Law Section Law International of Australia, Council Law German Bar Association, International Committee International Association, Bar German t National Association of Women (NAWL) Association National Lawyers Korean Bar Association, International Committee International Association, Bar Korean i International Law Students Association (ILSA) Association Students Law International American Society of International Law (ASIL) Law of International Society American (Mexican Association of Corporate Attorneys) of Corporate Association (Mexican ng ng Oregon State Bar, International Law Section Law Oregon State Bar, International Hispanic National Bar Association (HNBA) Association Bar National Hispanic Inter-American Bar Association (IABA) Association Bar Inter-American Union International des Avocats (UIA) des Union International Bar Council of England and Wales and of England Council Bar International Arbitration Database Arbitration International Association of Danish Law Firms Law of Danish Association New Jersey State Bar Association State Bar Jersey New Queens County Bar Association Bar County Queens New YorkNew Association State Bar E Society of Indian Law Firms Law of Indian Society in Ordre des Avocats de Ordre des Paris n g t Barra Mexicana Barra i

t i es 2012 Spring Meeting ABA Section of International Law International of Section ABA Meeting 2012 Spring mee ting agenda Tuesday, April 17 9:00 am – 9:10 am W elcoming Remarks Andre R. Jaglom, Chair, New York State 8:00 am – 9:00 am Bar Association International Section, R egistration Opens for International Tannenbaum Helpern Syracuse & Hirschtritt Practice Boot Camp Participants LLP, Chair of New York State Bar This registration is for the boot camp Association International Section, New York, only. Registration will open to all other New York registrants at 1:00 pm. Michael E. Burke, Chair, American Register for the International Law Bar Association Section of International Boot Camp as a stand-alone program Law, Arnall Golden Gregory LLP, or in combination with the entire Washington, DC ABA International Spring Meeting Matthew Kalinowski, Morgan, Lewis & (excluding ticketed events). In addition Bockius LLP, New York, New York – to the Fundamentals of International Co-Chair, International Practice Boot Camp Practice program, the International Enrique E. Liberman, Tannenbaum Law Boot Camp also includes Pathway Helpern Syracuse & Hirschtritt LLP, New to Employment in International Law, York, New York – Co-Chair, International Speed Networking and the Tuesday Practice Boot Camp Evening Reception (described below). 9:15 am – 10:30 am T he Framework of International 9:00 am – 5:30 pm Legal Practice I nternational Practice Boot Camp This panel explores the relationship YoLwyersung a between private international law and public international law, and between Presented in Conjunction common law and civil law. Speakers will With the New York State also explain, among other topics, the role Bar Association of treaties in international practice and the International Section international regulatory regimes that must S ponsoring Committees: be taken into account in an increasingly Law Student, LL.M., & New Lawyer globalized world. Outreach Committee, Young Lawyers’ S peakers: Interest Network (YIN) Michael W. Galligan, Phillip Nizer LLP, The International Practice Boot Camp New York, New York is a full-day series of programs designed Robert J. Leo, Meeks Shepard Leo & for new and experienced lawyers that Pillsbury, New York, New York practice or have an interest in international Mark F. Rosenberg, Sullivan & Cromwell law. The International Law Boot Camp LLP, New York, New York is a continuing legal education program which seeks to provide attendees with an introductory look at international aspects of several substantive areas of law and expand their knowledge of the key legal issues that arise in the context of tuesda international practice. y , a p r il 17il

Please visit ambar.org/ILspring2012 for the most up-to-date information. 21 1:15 pm – 2:30 pm 10:30 am – 10:45 am C ross-Border Litigation and Networking Break Dispute Resolution Your client is embroiled in a dispute with 10:45 am – 12:00 pm a party in another country and needs your D rafting an International Contract help. What if there is an international Failing to properly address certain aspects arbitration clause in the disputed contract? of international contracts – such as Even if you can get it invalidated, how jurisdiction, choice of law, and arbitration will you initiate the suit? After you win, clauses – can have a devastating effect how do you enforce the judgment? Our for your client, particularly if a dispute panelists will discuss these topics and subsequently arises. Our panelists will others, covering the most important and discuss the most important aspects of frequently-invoked treaties in this field, drafting an international contract in such as the Hague Convention on Service the context of cross border mergers and of Process Abroad, the Hague Convention acquisitions, as well as financing and on Taking Evidence Abroad, the commercial agreements. The panel will Convention on the Recognition and the also discuss protecting intellectual property Enforcement of Foreign Arbitral Awards. rights in contracts through the use of M oderator: the Berne and Madrid Conventions, and Peter Guirguis, Fulbright & Jaworski, New cross-border tax issues for individuals and York, New York business entities. S peakers: M oderator: Birgit Kurtz, Crowell & Moring LLP, New Ingrid Busson-Hall, Credit Agricole CIB, York, New York New York, New York Thomas N. Pieper, Chadbourne & Parke S peakers: LLP, New York, New York Franco Ferrari, New York University David Zaslowsky, Baker & McKenzie School of Law, New York, New York LLP, New York, New York Susan F. Pollack, Curtis Mallet-Prevost Colt & Mosle LLP, New York, New York L. Donald Prutzman, Tannenbaum 2:30 pm – 2:45 pm Helpern Syracuse Hirschtritt LLP, New Networking Break York, New York Jeffrey M. Trinklein, Gibson Dunn & 2:45 pm – 4:00 pm Crutcher LLP, New York, New York S potting Legal Issues When 12:00 pm – 1:00 pm People Move Across Borders L unch: Social Networking for With people moving residences or assets International Lawyers across borders more frequently and rapidly than ever, the individual client has become This lunchtime presentation will teach an increasingly important component specific strategies for using LinkedIn of international practice. Our panelists to complement traditional networking will cover immigration, family law, estate opportunities to help grow global legal planning, employment and property issues practices. Boxed lunch to be provided for that individuals face when they move from bootcamp registrants. one country to another. S peaker: M oderator: Edmund Bogen, First Degree Marketing il 17 Hedwin Salmen-Navarro, Salmen- r and Advertising, New York, New York Navarro & Lavergne, P.C., New York, Ap

, New York y u T esda 22 2012 Spring Meeting ABA Section of International Law S peakers: 4:15 pm – 5:30 pm Gabrielle Buckley, Vedder Price, T he Ethics of International Practice Chicago, Illinois This session will feature a discussion of Allen E. Kaye, Law Offices of Allen E. Kaye how ethics applies to international practice. P.C. , New York, New York Although many rules that apply in the U.S. Aaron J. Schindel, Proskauer Rose LLP, may still apply across borders, there are New York, New York some key differences that are important Rita W. Warner, Warner Partners, P.C., to consider when working with a client in New York, New York international practice. For example, how do you assist your client to avoid foreign 2:45 pm – 4:00 pm corrupt practices? How do you protect the Competition & Antitrust Issues attorney-client privilege across borders? in International Transactions M oderator: This panel explores competition/antitrust Steven Richman, Duane Morris, issues that arise in day-to-day transactions New York, New York that are the bread and butter of many S peakers: multinational companies. Find out how Carole L. Basri, Corporate Lawyering and where a company can get in trouble Group, LLC, New York, New York for offering preferred customer discounts, David Lewis, Hinshaw & Culbertson LLP, giving package deals, entering into an New York, New York exclusive deal, licensing, and restricting distributors from selling below a minimum price—just to name a few. The panelists 1:00 pm – 7:00 pm will also discuss key substantive differences R egistration Area, Exhibition in the application of antitrust principles Hall and Business Center Open between jurisdictions that may result in a transaction being lawful in one jurisdiction and unlawful in another. 2:30 pm – 4:00 pm M oderator: R everse Merger Listings: Is the Ausra Deluard, Jones Day, New York, Backdoor Shut for Chinese Companies? New York Cop r orATE / Transactional; S peakers: Compliance / Regulatory Randall Hughes, Bennett Jones LLP, Toronto, Ontario, Canada With thanks to our track sponsor Elisa Kearney, Davies Ward Phillips and Vineberg, Toronto, Ontario, Canada Laurent Garzaniti, Freshfields Bruckhaus, Brussels, Belgium Hugh Holman, Jones Day, In recent years, a number of small private Silicon Valley, California Chinese companies have listed on the NASDAQ and other stock exchanges 4:00 pm – 4:15 pm through reverse mergers with public shell Networking Break companies. This activity is now subject to significant regulatory scrutiny. The U.S. Securities and Exchange Commission (SEC ) has revoked the registrations tuesda of eight China-based companies since December 2010, and a number of

Chinese companies have disclosed auditor y resignations and other accounting issues , a p r il 17il

22 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 23 during the past year. The SEC is reviewing the question of whether an international the rules regarding reverse merger listings. convention on the rights of older persons Chinese authorities also are considering is needed. policy initiatives to curb abuses. The panel Presented in Conjunction with the ABA will review: (a) the state of reverse merger Commission on Law and Aging activity; (b) the SEC’s regulatory proposals and enforcement position; (c) Chinese S ponsoring Committee: policy initiatives; and (d) the experience UN and International Institutions of Chinese companies in complying Coordinating Committee with U.S. public company reporting Program Chair: requirements. Charles P. Sabatino, ABA Commission on S ponsoring Committees: Law and Aging, Washington, DC China Committee, International Corporate M oderator: Counsel Committee, and International Kristin Booth Glen, New York County M&A and Joint Venture Committee Surrogate’s Court, New York, New York Program Chair: S peakers: Stephen Vogel, Fulbright & Jaworski LLP, Luz Marie Melon, Permanent Mission of Washington, DC Argentina to the United Nations, New York, Program Chair & Moderator: New York Paul Edelberg, Fox Rothschild LLP, New Craig Mokhiber, UN Office of the High York, New York Commissioner for Human Rights, Geneva, Switzerland S peakers: Dawn M. Bernd-Schulz, Blank Rome Susanne S. Paul, Global Action on Aging, LLP, Washington, DC New York, New York Andy Gu, B & D Law Firm, Beijing, 2:30 pm – 4:00 pm People’s Republic of China Pathways to Employment Jason Ramey, Grant Thornton LLP, in International Law Chicago, Illinois (Invited) YoLwyersung a Mini-Track 2:30 pm – 4:00 pm Join us for this “How to” program for I s an International Convention on the both young lawyers seeking to bring their Rights of Older Persons Needed? skills to the global arena or for experienced P eruBLIC Int national Law / Rule of Law practitioners who wish to expand their practices into international law. Top A growing number of international non- practitioners speak frankly about their governmental organizations (NGOs) under formative experiences and tips they have a “Global Alliance for the Rights of Older about developing an international practice.’ Persons” have been pressing the need for a United Nations Convention on the Rights S ponsoring Committees: of Older Persons. The UN is now taking Young Lawyers’ Interest Network (YIN), this issue seriously. The UN General and Law Student, LL.M. & New Lawyer Assembly, by resolution in December 2010, Outreach Committee created The Open-Ended Working Group Program Chair: on Aging that is charged with considering Angela Benson, American Bar Association the existing international framework of Section of International Law, the human rights of older persons and Washington, DC identifying possible gaps and how best to S peakers: address such gaps. This panel will provide Reid Whitten, Sheppard Mullin Richter & il 17 r a variety of perspectives and insights on Hampton, LLP, Washington, DC Ap , y u T esda 24 2012 Spring Meeting ABA Section of International Law 4:00 pm – 5:30 pm pro bono matters. Panelists will offer Joint Swearing-In Ceremony: U.S. Court insights into models and opportunities of International Trade & U.S. Court for global pro bono work, present ways in of Appeals for the Federal Circuit which volunteer lawyers can participate, and present perspectives on approaches to YoLwyersung a ; Law Practice in-country and remote legal participation. With thanks to our track sponsor S ponsoring Committees: International Pro Bono Committee, Middle East Committee, Foreign Legal Consultant Committee, IMPOWR, Russia/ Eurasia Committee, International Refugee S ponsoring Committees: Law Committee, Law Student, LLM Young Lawyers’ Interest Network (YIN) & New Lawyer Outreach Committee, and Law Student, LL.M. & New Lawyer Mexico Committee, Latin American & Outreach Committee Caribbean Committee, International Legal Program Chair: Education and Specialist Certification Jennifer Haworth McCandless, Sidley Committee, International Corporate Counsel Austin LLP, Washington, DC Committee, India Committee, Foreign Legal Consultants Committee, Immigration Meeting attendees have the opportunity and Naturalization, and Islamic Finance to be admitted to practice before the U.S. Committee Court of International Trade (CIT) and U.S. Court of Appeals for the Federal Program Chair: Circuit. Only Spring Meeting registrants Michael H. Byowitz, Wachtell Lipton may be sworn in at this ceremony. Fees Rosen & Katz, New York, New York for admission are payable by interested Program Chair & Moderator: registrants directly to the courts. Madeleine Schachter, Baker & McKenzie Attendance is open to registrants’ guests. LLP, New York, New York If you are interested in being admitted to S peakers: practice before the CIT and the U.S. Court of Timothy L. Dickinson, Paul Hastings Appeals for the Federal Circuit, please check Janofsky & Walker LLP, Washington, DC the appropriate box on the Spring Meeting registration form. On-site registration for Alison Gardy, 92 Street Y, New York, this ceremony is not available, and space New York is limited. Elizabeth Millard, Cyrus R. Vance Center for International Justice, New York, 4:00 pm – 5:30 pm New York O pportunities in Global Pro Bono Monique Villa, Thomson Reuters P eruBLIC Int national Law / Rule of Law; Foundation, London, United Kingdom Compliance / Regulatory 4:00 pm – 5:30 pm With thanks to our track sponsor I nternational Joint Ventures and Contractual Arrangements: The New Wave Cop r orATE / Transactional; Corporate Counsel This program will feature a discussion As a result of the absence of liquidity about opportunities to engage in global from banks and in public debt and equity tuesda and cross-border pro bono service. markets, businesses increasingly are Come hear from representatives from implementing creative combinations to y international organizations that connect expand and grow their global operations. , a

Some of these combinations are structured p

prospective volunteers with international r il 17il

24 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 25 through formal joint venture vehicles and 4:00 pm – 5:30 pm others through contractual arrangements F ighting Online Piracy by Going which allocate costs, responsibilities, and After the Middle-Men – New resources among the venture parties. Many Perspectives on ISP Liability Under arrangements require complex holding and planning through intermediary EU, U.S. & UK Copyright Law jurisdictions to accommodate parties Perty rop / Intellectual Property with different business expectations and Law / Privacy objectives and from different jurisdictions, Since the advent of the Internet, rights as well as to maximise tax efficiencies. holders face many challenges in protecting The panel will consider the legal, their copyrights. While software piracy is regulatory, and tax issues which these not a new phenomenon, the wide-spread arrangements raise against a backdrop availability of fast broadband access enables of recent, significant cross-border large-scale and everyday piracy of software transactions. Business lawyers will find and even movies in high definition. this session especially interesting as an Additionally, search engines offer services important guide to international issues such as summarizing the latest news across a broad landscape of developments headlines with corresponding third-party in key jurisdictions into which U.S. photographs. Copyright holders often multinationals are currently expanding. face insurmountable problems in tracking S ponsoring Committees: down the individuals misusing their International Tax Committee, International material. Therefore, the question arises Corporate Counsel Committee, and whether (a) Internet Service Providers International Intellectual Property (ISPs) should be obliged to prevent access Committee to sites hosting pirated material; or (b) Program Chairs & Moderators: search engines can be prevented from Elinore Richardson, Wolf Theiss, making available third-party images. This Vienna, Austria panel will discuss the open questions on where to draw the boundaries of the ISPs’ Sonia Velasco Menal, Cuatrecasas, and search engines. Barcelona, Spain S ponsoring Committees: S peakers: Luiz Felipe Centeno Ferraz, Mattos Filho, Europe Committee, Canada Committee, São Paulo, Brazil Immigration & Naturalization Law Committee, International Litigation David “Ding Fa” Liu, Junhe Law Firm, Committee, International Mediation Shanghai, People’s Republic of China Committee, and International Human Patrick Marley, Osler Hoskin & Harcourt Rights Committee LLP, Toronto, Ontario, Canada Program Chair: Gordon Warnke, Dewey LeBoeuf LLP, Janis Nordstrom, Wolf Theiss, New York, New York Vienna, Austria Program Chair & Moderator: Georg Kresbach, Wolf Theiss, Vienna, Austria S peakers: Martin Diesbach, Nörr Stiefenhofer Lutz, Munich, Germany Ian de Freitas, Berwin Leighton Paisner, London, United Kingdom il 17 r Michael Geist, University of Ottawa, Ap

, Ottawa, Ontario, Canada y u T esda 26 2012 Spring Meeting ABA Section of International Law 4:00 pm – 5:30 pm 5:30 pm – 6:30 pm E stablishment of a Special Anti-Piracy S peed Networking – An Opportunity Tribunal: Prospects and Reality to Meet ABA International Leadership P eruBLIC Int national Law / Rule of Law; and Other International Lawyers Young Lawyers YoLwyersung a Two hundred years ago, piracy was Back by popular demand! Start the Spring recognized as the first “international” Meeting by meeting ABA International crime. Recently, piracy has re-emerged Leadership and other international lawyers. as a major problem for international Bring your business cards! Participants commerce. In the last two years, Somali will have the opportunity to engage in a pirate attacks off the Kenyan and Somali number of speed networking rounds to coasts have caused over $25 billion in learn about other members and create losses. Although the UN Security Council future business opportunities. With this authorized the international community program, there is no need to break the to capture Somali pirates and turn them ice – it’s already done for you. Just take over to Kenya for prosecution, Kenyan a seat and start talking! By the time the courts have struggled with the novel session is over you’ll be well on your way to legal issues presented before them. A collecting a fist-full of business cards from Kenyan High Court Judge recently ruled the Spring Meeting and building a new the Kenyan Piracy Court cannot obtain network in ABA International. jurisdiction over captured pirates because S ponsoring Committees: Kenyan law lacks the requisite statute Law Student, LL.M., and New Lawyer granting such jurisdiction. Prosecuting Outreach NGO& Not-For-Profit pirates involves knowledge of international Organizations Committee, Seasoned Lawyers treaties, criminal law, maritime law, and Interest Network (SIN), Women’s Interest unusual evidentiary gathering rules, which Network (WIN), Young Lawyers Interest is challenging and even dangerous. This Network (YIN), and Sexual Orientation and panel will provide a basic understanding Gender Identity Issues Network (GIN) of these complex legal issues and how the many parties involved are trying to resolve Program Chair: this continuing international dilemma. Cyndee Todgham Cherniak, McMillan LLP, Toronto, Ontario, Canada S ponsoring Committee: Young Lawyers Interest Network (YIN) Program Chair: Alena Shautsova, Anthony Colleluori & Associates, PLLC, Melville, New York M oderator: Anthony Colleluori, Anthony Colleluori & Associates, PLLC, Melville, New York S peakers: Sandra Hodgkinson, National Defense University, Alexandria, Virginia Rosemelle Mutoka, Kenya Piracy Court Chief Judge, Kenya Michael Scharf, Case Western Reserve University, Cleveland, Ohio tuesda y , a p r il 17il

26 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 27 il 18 r p 6:30 pm – 8:00 pm Wednesday, April 18 , a y WI I N / S N / GIN / YIN / Outreach Welcome Reception at e 7:00 am – 7:00 pm n the Grand Hyatt New York R egistration Area, Exhibit Hall,

wed 109sda East 42nd Street at Grand Central and Business Center Open Terminal, New York, NY With thanks to our sponsor 7:45 am – 9:00 am Continental Breakfast

8:00 am – 8:50 am B reakfast at the Bar With a Leading The 2012 Spring Meeting’s first social New York and National Developer event will be an excellent opportunity Perty rop / Intellectual Property Law / to reconnect with friends from prior Privacy; Corporate / Transactional meetings and make new ones. Join the great people you just met at the Join us for breakfast and a discussion with Speed Networking session—which a leading New York and national developer feeds directly into this reception, and on the current real estate investment bring along any first time attendees you climate in New York and in other major noticed at registration! This reception U.S. cities. Has the market rebounded will be the perfect place to begin from the financial crisis? Are foreign developing new or to continue building investors a significant player in New York existing professional relationships in an real estate? What are the future trends informal setting. and challenges for real estate investment and development in New York and in One ticket per person is included as other parts of the U.S.? These and other part of your Spring Meeting registration questions will be addressed. fee; this reception is free to meeting attendees who have registered for the S ponsoring Committees: entire conference. Cross-Border Real Estate Practice Committee and International Investment and Development Committee Program Chair: Terry A. Selzer, Stampe Haume & Hasselriis, Copenhagen, Denmark Program Chair & Moderator: Meryl P. Sherwood, Pavia & Harcourt LLP, New York, New York S peaker: Adam Flatto, The Georgetown Company, New York, New York

28 2012 Spring Meeting ABA Section of International Law sda wed n 9:00 am – 10:30 am 9:00 am – 10:30 am e

I nvesting in Africa: Regulatory T he Market in Contingent Capital y and Compliance Issues , a

Cop r orATE / Transactional; p r

Copliae m nc / Regulatory; Compliance / Regulatory 18il Corporate / Transactional With thanks to our track sponsor With thanks to our track sponsor

Contingent Capital Securities (CCS) are As many African markets become expected to make financial institutions more attractive destinations for foreign more resilient and avoid future financial investment, potential investors and their crisis by internalizing bank failure costs. legal advisors are faced with navigating The EU and certain European countries unfamiliar and dynamic business and including Germany, England, and regulatory terrains. The panel will feature Switzerland as well as the Basel Committee business executives, in-house counsel, have proposed, and in some cases enacted, and legal advisers providing unique views rules on CCS. Some European banks on investing in Africa. The panelists will and systemically important financial offer a diverse spectrum of views and institutions, including Lloyds and Credit experiences regarding the regulatory and Suisse, have issued CCS. However, other compliance issues they face in managing banks in Europe and the United States are legal and business risks in Africa on a day- hesitant to issue CCS without additional to-day basis. regulatory guidance. The Dodd-Frank Act S ponsoring Committees: (Sections 165 and 115 (c)) mandates a study Task Force on Financial Engineering on the feasibility of contingent capital; this for Economic Development, (FEED) study is due by July 2012. This program International Secured Transactions will review the market and regulatory Committee and International Corporate environment for CCS and related open Counsel Committee issues and uncertainties. Program Chairs & Moderators: S ponsoring Committees: Adedayo Banwo, U.S. Commodity Futures International Securities & Capital Markets Trading Commission, Washington, DC Committee, Cross-Border Real Estate Practice Jeffrey B. Golden, London School of Committee, and International Anti-Corruption Economics, London, United Kingdom Program Chair & Moderator: S peakers: Wulf Alexander Kaal, University of Carolyn Campbell, Emerging Capital St. Thomas School of Law (Minneapolis), Partners, Washington DC (Invited) Minneapolis, Minnesota Bert Chanetsa, Financial Services Board S peakers: of South Africa, Pretoria, South Africa John C. Coffe, Jr., Columbia Law School, (Invited) New York, New York Lawrence Fubara Anga, Aelex Legal Adam B. Farlow, Baker & McKenzie LLP, Practitioners and Arbitrators, Lagos, Nigeria London, United Kingdom (Invited) Charles Himmelberg, Goldman Sachs, Kem Ihenacho, Clifford Chance, London, New York, New York United Kingdom (Invited) Marina Michelutti, Citi Wealth Management Latin America, New York, New York Louise Pitt, Goldman Sachs, New York, New York

28 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 29 il 18 r p 9:00 am – 10:30 am commmon law approaches. Drafting

, a W ho Would Want to be a Director? and litigation issues include: differences y between CISG and UCC damages; choice Cop r orATE Counsel; of law issues: what may or may not be e n Corporate / Transactional enforceable as a matter of public policy This session will examine the objections (e.g., treatment of liquidated damages wed andsda perils associated with being a Director provisions in other systems); limitation of in today’s highly regulated environment. damages clauses—why you might want What are the risks of a Director, to whom “willfulness” requirements and what the are they owed and where are such duties differences are in terminology and reality found – in law or codes of practice? What as to actual, consequential, incidental, are the sanctions applicable to a Director and other damages; proof of lost profits who breaches his or her duties, and who versus speculative damages; how interest is enforces them? Is insurance available computed under CISG versus non-CISG; to Directors? economic loss doctrine considerations; S ponsoring Committee: attorneys fees (contrast loser pay International Corporate Counsel Committee jurisdictions); and differences in approach between arbitration versus litigation. This Program- Chair & Moderator: panel will discuss the implications of Mattia Colonnelli de Gasperis, Colonnelli leaving the issue of damages to the end and de Gasperis Studio Legale, Milan, Italy what practitioners need to be mindful of in Program- Chair & Speaker: the drafting process. Christine M. Castellano, Corn Products S ponsoring Committees: International, Westchester, Illinois International Litigation Committee, S peakers: International Arbitration Committee, Hermann Knott, Luther International M&A and Joint Venture Rechtsanwaltsgesellschaft mbH, Committee, and Young Lawyers Interest Cologne, Germany Network (YIN) Vagn Thorup, Kromann Reumert, Program Chair & Moderator: Copenhagen, Denmark Steven Richman, Duane Morris, New York, New York 9:00 am – 10:30 am S peakers: A nd the Last Shall Be First: Commercial Kieran Cowhey, Dillon Eustace, Damages in International Contracts Dublin, Ireland DsputeRsutii e ol on / Litigation; Saul Feilbogen, Vitale, Manoff, Feilbogen, Young Lawyers Buenos Aires, Argentina With thanks to our track sponsors Elena Norman, Young Conway, Wilmington, Deleware Meredith Parenti, Weil Gotshal, Houston, Texas

All too often, practitioners do not give sufficient attention to damages. Litigators focus on liability issues in dispute resolution while transactional attorneys focus on the prospective business terms, but not on the monetary remedies for contract breach. International contracts implicate contrasting civil law and

30 2012 Spring Meeting ABA Section of International Law sda wed n 9:00 am – 10:30 am S peakers: e Jeremy Baskin, Department of Homeland S elling Consumer Products into y the U.S. and Canada – Navigating Security, U.S. Customs and Border , a p a New Course to Safety Protection, Washington, DC r Charles E. Joern, Jr., Joern Law Firm, 18il Ext r por Cont ols / Trade / Customs; Oak Brook, Illinois Compliance / Regulatory Carol Osmond, I.E. Canada, Canadian With thanks to our track sponsor Association of Importers and Exporters, Toronto, Ontario, Canada Vanessa Patton Sciarra, Holland & Knight LLP, Washington, DC

9:00 am – 10:30 am Growing public awareness of consumer M ore Art than Science: product safety issues has led to the Negotiating Global Privacy and enactment of new American and Canadian legislation. In August 2008, the Consumer Data Security Language Product Safety Improvement Act of 2008 Perty rop / Intellectual Property Law / was passed into law in the U.S. In June Privacy; Compliance / Regulatory 2011, the Canada Consumer Product With thanks to our track sponsor Safety Act came into force. Both bring about significant changes to previous regulatory regimes. Compliance managers and lawyers acting for manufacturers, importers, distributors, and retailers of consumer products should be aware of Two seasoned privacy gurus who have seen these changes, and ensure their compliance more than their fair share of tense privacy programs to address them. A panel of and data security negotiations in their customs and trade law experts will: (a) combined 20+ years of data protection familiarize participants with the American practice will engage in a live negotiation and Canadian regulatory agencies and on issues that make senior lawyers sweat: their respective roles in consumer product What are adequate data security measures? safety; (b) provide an overview of the Who is the Data Controller/Data legislative schemes; (c) compare regulatory Processor and what does that mean? What requirements; and (d) demonstration how is a reportable security breach? What are in-house experts and counsel can develop breach notification requirements? Please and implement an effective compliance join us to learn the latest and greatest program. Panel members will discuss tricks of the trade, and arm yourself for several case studies involving a foreign your future privacy and data security manufacturer and American and Canadian negotiations. importers. They will also discuss tips and traps relating to recalls, disclosures, and S ponsoring Committees: incident reporting. Information Services, Technology & Data Protection Committee, Law Student, LL.M. S ponsoring Committees: & New Lawyer Outreach Committee, Customs Law Committee, International Europe Committee, International Securities M&A and Joint Venture Committee, & Capital Markets Committee, Canada International Securities & Capital Markets Committee, and International Intellectual Committee, and International Investment & Property Development Committee Program Chair: Program Chair & Moderator: Domenico Colella, Portolano Colella Daniel L. Kiselbach, Miller Thomson LLP, Cavallo, Milan, Italy Vancouver, British Columbia, Canada

30 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 31 il 18 r p Program Chair & Moderator: 11:00 am – 12:30 pm

, a Anjli Garg, Citi Group, New York, R epresenting the International y New York High Net Worth Client: Navigating e S peakers: the New Regulatory Order n Demetrios Eleftheriou, EMC Copliae m nc / Regulatory; Public Corporation, Hopkinton, Massachusetts wed sda International Law / Rule of Law Lisa Sotto, Hunton & Williams, New York, New York With thanks to our track sponsor

10:30 am – 11:00 am Networking Break Increases in regulatory burdens (such as 10:30 am – 11:00 am the U.S. Foreign Account Tax Compliance “ How To” Series: Section Publishing Act) and highly-publicized lawsuits against – How to Get Your Name in Print banks have bred mistrust of lawyers and financial advisors among international Do you consider yourself an expert high net worth clients. How can law firms within your practice area of international and financial institutions obey the rules law? If so, world-wide recognition is at with a minimum of disruption to clients your doorstep, by becoming a published and to their own businesses? This program author in one of the ABA Section of will address what the professional advisor International Law’s several publications. and client need to know about the rules Whether you aspire to write a book, a before entering into a client relationship, scholarly law review, a succinct news how these rules will affect new business article or an informative committee development, how to overcome newsletter, publishing with one of the cultural differences in willingness to Section’s publications is an effective way share information and expectations of to demonstrate your expertise. At this confidentiality, and how to turn new informational session, the Publications regulatory regimes into a competitive Officer Bill Mock and the editors ofThe advantage for your firm. International Lawyer and The International Law News will tell you how to get started S ponsoring Committees: on your way as a published author for the International Private Client Committee, ABA Section of International Law. International M&A and Joint Venture Committee, and International Investment & Development Program Chair & Moderator: Stephanie E. Heilborn, Fulbright & Jaworski L.L.P., New York, New York S peakers: Roderick Balfour, Virtus Trust, London, United Kingdom (Invited) Rorrie Gregorio, Marcum LLP, New York, New York (Invited) Gavin Leckie, J.P. Morgan Chase Bank, New York, New York (Invited) Terri Sohrab, Deutsche Bank, New York, New York (Invited)

32 2012 Spring Meeting ABA Section of International Law sda wed n 11:00 am – 12:30 pm Janet Hui, Jun He Law Offices, e Beijing, China M erger Review in the BRIC Countries y – Antitrust and Foreign Investment/ Vassily Rudomino, ALRUD Law Firm, , a p National Security Restrictions: Where are Moscow, Russia r il 18il the BRIC Countries Compared to the U.S.? Pallavi Shroff, Amarchand & Mangaldas & Suresh A Shroff & Co., New Delhi, India Cop r orATE / Transactional; Compliance / Regulatory 11:00 am – 12:30 pm With thanks to our track sponsor C alamity Risk Management – Navigating the Minefields in an Era of Persistent Volatility Cop r orATE Counsel It could never happen to your company. This panel will address the treatment of Or could it? Imagine that you are the antitrust issues and foreign investment / general counsel of a global financial national security restrictions in horizontal services firm, managing an ever increasing mergers subject to review by competition caseload, planning for regulatory reform, law authorities in Brazil, Russia, India, and and allocating scarce resources. You receive China (the BRIC countries). The panel a call informing you of simultaneous dawn will focus on the following fact pattern: raids being conducted in your London and two competitors agree to merge to become New York offices. The following day you the largest provider of a certain product. learn that employees in a third country Competition from other companies is have been shredding documents. Who do limited and the merging parties have you call? substantial, overlapping presences in Brazil, You are the general counsel of a large Russia, India and China. manufacturing company with major The panel will analyze the transaction in production centers in a number of each jurisdiction, identify similarities and locations in Japan. You get a call at differences among the antitrust authorities 3:00 am informing you of a major in these countries and the United States, earthquake and tsunami. You have 2,000 provide economic evaluations of the people on the ground in various locations approaches of each BRIC country, and in Japan who need to be located and consider the foreign investment/national evacuated if possible. What do you do? security regulations. You are chief outside counsel to a global S ponsoring Committees: services firm, with a growing presence in International Antitrust Law Committee, the Middle East. You watch the morning India Committee, Russia/Eurasia news in horror as reports come in showing Committee, and Europe Committee a gun battle between the army and pro- democracy protesters outside your client’s Program Chairs & Moderators: regional headquarters in Cairo. How do Michael H. Byowitz, Wachtell, Lipton, you respond? Rose & Katz, New York, New York Alfredo M. O’Farrell, Marval, O’Farrell The office of the general counsel sits in a & Mairal, Buenos Aires, Argentina vital position for any organization when crisis strikes. Business continuity and S peakers: disaster recovery plans are important to Leonor Cordovil, Grinberg, Cordovil e any organization, but can they cover all Barros, São Paulo, Brazil contingencies and when the unthinkable Margaret E. Guerin-Calvert, Compass becomes reality are they enough to allow Lexecon, Washington, DC companies to effectively manage and contain calamity risk? Attend this program

32 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 33 il 18 r p to learn from in-house and outside S ponsoring Committees:

, a counsel who have been on the front lines International Arbitration Committee and y and can help you build your emergency International Corporate Counsel Committee response toolkit. e Program Chair: n S ponsoring Committee: Jennifer Kirby, Kirby, Paris, France

wed Internationalsda Corporate Counsel Committee M oderator: Program Chairs: Bart Legum, Salans, Paris, France Ingrid Busson-Hall, Credit Agricole CIB, S peakers: New York, New York Julie Bédard, Skadden Arps, New York, Fiona Schaeffer, Jones Day, New York, New York New York Stephen Drymer, Norton Rose, Montréal, M oderator: Québec, Canada Henry Klehm, Jones Day, New York, Catherine Rogers, Dickinson School of New York Law, University Park, Pennsylvania S peakers: Michael Schneider, Lalive, Jeff Ingber, Citigroup, New York, Geneva, Switzerland New York Thomas Hommel, Lehman Holdings 11:00 am – 12:30 pm Estate, New York, New York (Invited) H ow Many Ways Can Importers Allison Tomlinson, Gensler, New York, and Exporters Get Certificates of New York Origin Wrong? Stories From the Tim Sander, Sumitomo Corporation of Attorneys With Battle Scars America, New York, New York (Invited) Ext r por Cont ols / Trade / Customs; Compliance / Regulatory 11:00 am – 12:30 pm E thics Guidelines for International With thanks to our track sponsor Arbitration: Room for Debate DsputeRsutii e ol on / Litigation With thanks to our track sponsors

If you are keeping score, you will find the Customs officials in Canada, Mexico, and the United States are increasing North American Free Trade Agreement (NAFTA) verifications and finding significant When ethics questions arise in the context non-compliance. Mexican officials are of an international arbitration, it is uncovering phantom entities in Canada often unclear which ethics rules (if any) and the United States that import from apply. Some members of the arbitration overseas, yet provide NAFTA certificates community believe it would be helpful of origin. United States’ customs officials to have more guidance in this area, and are discovering Canadian companies that support developing ethics guidelines for send production off shore then forget to international arbitration. Other members change paperwork to exclude NAFTA of the arbitration community believe there certificates of origin. U.S., Canadian, and is no need to develop such guidelines and Mexican customs officials are finding that that doing so could cause more harm than suppliers have switched sources during the good. This program brings together experts economic crisis and regional value content from both camps to debate the issues. requirements are no longer satisfied or upstream suppliers have disappeared and are not available to provide certificates of

34 2012 Spring Meeting ABA Section of International Law sda wed n origin. All three customs organizations 11:00 am – 12:30 pm e are focusing on transshipment of K eeping the Doors Open for All: y goods, largely driven by concerns about An International Perspective on , a p the avoidance of antidumping and the Disability Rights Movement r countervailing duties, particularly when 18il China is involved. Although the rules P eruBLIC Int national Law / Rule of Law; are the same in the three countries, Employment Law / Human Resources interpretations vary. Our panelists will Statistics show that persons with share their personal experiences with disabilities comprise an estimated ten NAFTA enforcement in Canada, Mexico, percent (10%) of the world’s population; and the United States. They will discuss eighty percent (80%) of persons with recent cases where customs authorities disabilities live in developing nations. have discovered significant errors resulting In addition, up to a quarter of the in substantial fines that could have been world’s population is directly affected by easily avoided. In addition, the panelists disability in the capacity of care giver or will discuss NAFTA’s shortcomings, areas family member. As an international legal where a common policy may result in practitioner, you may find yourself advising job creation and how the “common-law” the disabled and their family members/ interpretations have differed from civil care givers of their rights or perhaps law rules. advising employers and service providers S ponsoring Committees: of their obligations towards the disabled International Trade Committee and Private community. Perhaps you are a disabled International Law Coordinating Committee person working as a legal practitioner Program Chair: within the modern global community. Juan Velazquez, Basham, Ringe y Correa, With the enactment of the Americans S.C., Monterrey, Mexico with Disabilities Act of 1990 (ADA) in the United States (and its later Amendments Program Chair & Moderator: in 2008), extensive protections were put in Luis F. Martinez, Basham, Ringe y Correa, place to help prevent discrimination based S.C., Monterrey, Mexico upon disability in various circumstances. M oderator: Our panel of specialists will compare the Cyndee Todgham Cherniak, McMillan ADA with similar laws in other countries LLP, Toronto, Ontario, Canada and the international legal standards S peakers: applicable to protecting people with Andres Castrillon, Hughes, Hubbard and differing abilities around the globe. Reed, Washington, DC S ponsoring Committee: Joel Simon, Simon, Gluck & Kane LLP, Diversity Committee New York, New York Program Chairs & Moderators: Paul Vandevert, Ford Motor Company, Jennifer Hilsabeck, Las Vegas, Nevada Detroit, Michigan Sara Sandford, Garvey Schubert Barer, Seattle, Washington S peakers: Joan Durocher, National Council on Disability, Washington, DC Arlene S. Kanter, Syracuse University College of Law, Syracuse, New York

34 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 35 il 18 r p International Anti-Money Laundering 12:45 pm – 2:15 pm , a Committee, and International Antitrust y Ticketed Event Law Committee

e L uncheon with Keynote Speaker Program Chair & Moderator: n With thanks to our sponsor Fiona A. Schaeffer, Jones Day, New York,

wed sda New York S peakers: Anita Kapoor, Cisco Systems, Inc., New Delhi, India (Invited) Susan (Sam) Manardo, Sanofi, Bridgewater, New Jersey (Invited) Charles Scudder, Akzo Nobel Inc., 2:30 pm – 4:00 pm Tarrytown, New York M inimizing Legal Risk in a Global Economy – Practical Advice on 2:30 pm – 4:00 pm International Compliance T hird Party Funding of Litigation Copliae m nc / Regulatory; Corporate Counsel and Arbitration – A Solution for With thanks to our track sponsor Rising Costs or Ethical Quagmire? DsputeRsutii e ol on / Litigation; Corporate Counsel With thanks to our track sponsors

With increasing globalization of business, more and more companies interact with a variety of legal regimes and face potential enforcement actions from a multitude of agencies and governments. This, combined S ponsoring Committee: with the extra-territorial reach of some International Arbitration Committee U.S. laws, such as the antitrust statutes, export control laws, Foreign Corrupt Program Chair & Moderator: Practices Act, Sarbanes-Oxley, and the Charles D. Schmerler, Fulbright & PATRIOT Act, should cause all companies Jaworski, L.L.P., New York, New York to ensure they have effective compliance S peakers: programs to minimize legal exposure. Selvyn Seidel, Fulbrook Management, This program provides cutting-edge and New York, New York practical advice on how to minimize legal Prof. Stephen Gillers, New York risk in a global economy by discussing University Law School, New York, key components of a global compliance New York (Invited) program and the challenges to instilling Jeffrey B. Golden, London School of compliance in various jurisdictions. Our Economics, London, United Kingdom panelists will also discuss how to encourage Carolyn Lamm internal reporting, create an effective , White & Case, hotline program, manage whistle blowers, Washington, DC (Invited) and protect confidential communications between counsel and clients in a world of differing privilege protections. S ponsoring Committees: International Corporate Counsel Committee, International Anti-Corruption Committee,

36 2012 Spring Meeting ABA Section of International Law sda wed n 2:30 pm – 4:00 pm Sanjay Notani, Economic Laws Practice, e Mumbai, India T he Global Proliferation y of Trade Remedies Jeffrey Whelan, Nike Corporation, , a p

Beaverton, Oregon (Invited) r

Ext r por Cont ols / Trade / Customs 18il Historically, the number of countries 2:30 pm – 4:00 pm using trade remedies (anti-dumping, I P Contracts and International countervailing duty, and safeguards) has Bankruptcy: Dealing With Failure been limited. In recent years, however, And Intellectual Rejection – And The the use of these remedies has grown Answer Isn’t To See Your Psychiatrist dramatically, as additional countries have discovered that trade remedies are weapons Perty rop / Intellectual Property that may be deployed to defend their Law / Privacy domestic industrial base. Even countries, Recent years have witnessed an explosion such as Japan and China, whose exports of international insolvency proceedings. have historically been the target of trade Almost all of these cases involve the remedies elsewhere are now adopting and intersection of intellectual property rights using trade remedy proceedings to protect of debtors and their counterparties and their domestic industries against import bankruptcy law, with an additional layer competition. And countries such as India of complexity relating to international have started using trade remedy vehicles recognition and comity. Recent decisions with greater frequency as an alternative in the Nortel, Exide Technologies, means of protecting local industry. This and Qimonda, AG cases demonstrate panel will consider the impact of the willingness for courts to transfer and/or proliferation of trade remedies in place of terminate intellectual property assets and other regulatory regimes that have agreed license rights, including, in the Qimonda to dismantle. The speakers will review case, through the application of German the business and legal implications of law rather than U.S. law, with devastating this expansion, including U.S. exports consequences for the counterparties. and business abroad, and the significance Previous discussions have focused on the on the legal rules governing global trade U.S. regime and protections afforded (Free Trade Agreements and World Trade to licensees under Section 365(n) of the Organization dispute settlement). Bankruptcy Code. Now to understand S ponsoring Committees: rights and exposures, international comity International Trade Committee, Latin issues must be explored. This panel will American & Caribbean Committee, and examine the issues created by the multi- Asia/Pacific Committee national cases, application of comity Program Chair: and other developments in the United Amy Hariani, U.S.-India Business Council, States, Canada, Germany, and other Washington, DC jurisdictions, and consider issues that arise for practitioners, general counsel, and Program Chair & Moderator: management. Neil Ellis, Sidley Austin LLP, Washington, DC S ponsoring Committees: International Secured Transactions S peakers: Committee, Latin American & Caribbean Adriana Dantas, Barbosa Mussnich & Committee, and Asia/Pacific Committee Aragao, São Paulo, Brazil Program Chairs & Moderators: Thomas Graham, King & Spalding, Washington, DC Richard T. Walsh, Global Risk Solutions LLC, New York, New York Gary Horlick, Law Office of Gary N. Horlick, Washington. DC David L. Barrack, Fulbright & Jaworski L.L.P., New York, New York

36 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 37 il 18 r p S peakers: Program Chair & Moderator:

, a Warren E. Agin, Swiggart & Agin LLC, Sergio Karas, Karas & Associates, Toronto, y Boston, Massachusetts Ontario, Canada rd e Lynn P. Harrison 3 , Curtis, Mallet- S peakers: n Prevost, Colt & Mosle LLP, New York, Graeme D. Kirk, Gross & Co., Suffolk, New York United Kingdom wed sda Robin E. Phelan, Haynes Boone, Jeremy D. Morley, The Law Office of Dallas, Texas Jeremy D. Morley, New York, New York Jessica Sandberg, Law Firm of Jessica 2:30 pm – 4:00 pm Sandberg, Stockholm, Sweden F or Better or Worse: International Marcy Stras, Cozen O’Connor, Issues in Marriage and Divorce Washington, DC P eruBLIC Int national Law / Rule of Law; Dispute Resolution / Litigation 2:30 pm – 4:00 pm M ultiple Bar Admissions – Getting With thanks to our track sponsors Admitted in More Than One Jurisdiction YoLwyersung a ; Compliance / Regulatory With thanks to our track sponsor

The panel will discuss the most important issues in international marriage, divorce, and child custody, including family, Have you been thinking about becoming immigration, support obligations, and qualified to practice in another cultural issues that may arise in cross- jurisdiction, but weren’t sure how to do border family relationships. The panel will so? Do you even know where to find include a discussion of multi-jurisdictional information? How do the EU directives issues, such as visas and immigration on cross-border practice apply in the EU? for spouses (married and common- Following up on a successful presentation law), conjugal relationships, same-sex at the 2009 Spring Meeting, and coming partners, marriage requirements, and child shortly after the release of the book citizenship. The panel will also discuss the Multiple Bar Admissions: A Guide to Bar considerable amount of recent litigation Admissions Outside the United States (ABA in various jurisdictions concerning Publishing), this program will present divorce disputes by spouses seeking to perspectives on bar admissions from move children to different countries, around the world. Will you need to take immigration consequences of divorces, another bar exam? Do you need to earn international financial settlements, and another law degree? What about learning other relevant issues. the local language(s)? Learn the answers S ponsoring Committees: to these questions from those who have International Family Law Committee, jumped through the hoops, hoeppel, aros Customs Law Committee, Mexico or cerceaux. They’ll also answer your Committee, Canada Committee, questions based on their experiences. International Trade Committee, S ponsoring Committees: International Commercial Transactions, and Young Lawyers Interest Network (YIN), Franchising & Distribution Africa Committee, Aerospace & Defense Program Chair: Industries Committee, and Law Student, David Starks, McKinley Irvin, LL.M., and New Lawyer Outreach Seattle, Washington Committee

38 2012 Spring Meeting ABA Section of International Law sda wed n Program Chair & Moderator: 4:00 pm – 4:30 pm e Russell Dombrow, Legal Services of N PON-Cle ReseNTATION y Central New York, Inc., Binghamton, , a

Sovereign Debt Crisis – Causes p

New York r

and Repercussions 18il Program Chair & Speaker: Nancy Matos, Baker McKenzie, With thanks to our sponsor Amsterdam, The Netherlands S peakers: Albert Yu Chang, Warner Norcross & Judd The sovereign debt crisis has been LLP, Grand Rapids, Michigan examined under a number of economic Nady Mayifuila, Emery Mukundi Wafana theories, as observers worry that sovereign & Associates, P.C., New York, New York default will spread like a contagion and Hedwin Salmen-Navarro, Salmen- threaten the global economy. Our speakers Navarro & Lavergne, P.C., New York, for this break-out presentation will provide New York an update on the sovereign debt crisis, examine its underlying causes and its repercussions, including a discussion of the 4:00 pm – 4:30 pm types of disputes that are expected to arise Networking Break following the crisis. With thanks to our sponsor Program Chair: Sharon Johnson, Cornerstone Research, Washington, DC S peaker: Richard T. Walsh, Global Risk Solutions 4:00 pm – 4:30 pm LLC, New York, New York “ How To” Series: Developing Programs with the Section 4:30 pm – 6:00 pm C ross-Border Acquisitions by Private Do you have an idea for a program Enterprises in the Current Economic that is timely and topical? If so, then attending this nuts and bolts of how to Environment: The Old Obstacles develop programs for the Section will be and the New Opportunities instrumental in helping you to develop Cop r orATE / Transactional; your proposal. Member and committee Corporate Counsel involvement through the development of programming continues to be the The increasing integration of markets lifeline of the Section; whether it be for a worldwide and the dramatic global seasonal meeting, a brown-bag, podcast, economic recession have combined to webcast, teleconference or stand-alone, or offer a unique set of opportunities for a combination, for CLE or not, there are private enterprises wishing to expand ample opportunities for your program idea internationally. More realistic price to take flight. Join us to learn more about expectations from sellers offer private how to chart the course of your proposal. enterprises the possibility of breaking into new markets and/or consolidating their Program Chair & Speaker: position in foreign markets. However, Adam B. Farlow, Section Programs Officer taking advantage of these opportunities through cross-border acquisitions presents unique challenges for private enterprises. Unlike transnational companies, private enterprises often lack management resources and international transactional experience. This session will provide

38 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 39 an overview of some of the emerging 4:30 pm – 6:00 pm business, legal, and economic trends and The Globalization of Anti-Corruption opportunities for private enterprises in Laws: Looking Beyond the FCPA global corporate middle-markets. It will also focus on some of the traditional Coia mpl nce / Regulatory; Public cultural and regulatory obstacles to a International Law / Rule of Law wednesday, april 18 april wednesday, successful cross-border acquisition and With thanks to our track sponsor ways to overcome them. Our panel will provide insights into the experience of the owner-manager in implementing the cross-border acquisition, the corporate finance intermediary seeking to broker the deal, and the target company management The U.S. may lead the global anti- team in the sale process. What are the key corruption fight, but many other challenges to a successful cross-border jurisdictions are joining the battle. The acquisition? What are the priority issues? Foreign Corrupt Practices Act (FCPA) And what can legal advisers do to help has by now become a familiar acronym navigate a smooth path for all parties? in U.S. boardrooms. That said, even S ponsoring Committees: though U.S. officials continue to bring International M&A and Joint Venture three out of every four foreign anti- Committee, International Corporate bribery cases worldwide, companies Counsel Committee, Young Lawyers Interest and their counsel also need to be aware Network (YIN), Europe Committee, India of the worldwide proliferation of anti- Committee, International Securities and & corruption regulations. China, Columbia, Capital Markets Committee, International Germany, India, Russia, Saudi Arabia, Energy & Natural Resources Committee, Spain, Turkey, and the United Kingdom, International Financial Products & Services among others, have all recently thrown Committee, and International Investment & their hats in the anti-corruption ring, each Development Committee pursuing somewhat different approaches, and some of them (notably China and the P rogram Chair & Moderator: United Kingdom) with extra-territorial Christine M. Castellano, Corn Products jurisdictional provisions. This all-star International, Inc., Westchester, Illinois panel (a) will survey the evolving legal P rogram Chair & Speaker: and political terrain of international anti- Mattia Colonnelli de Gasperis, Colonnelli corruption efforts; (b) offer real world, de Gasperis Studio Legale, Milan, Italy practical insights on the anticipated S peakers: impact of the new laws on multi-national Vishal Gandhi, Gandhi & Associates, companies and their employees; and Mumbai, India (c) will examine enforceability and Frances Murphy, Slaughter and May, extraterritorial jurisdictional reach issues, London, United Kingdom as well as the prospect of foreign “carbon copy” prosecutions and potential collateral David M. Silk, Wachtell, Lipton, Rosen & estoppel effects of foreign judgments. Katz, New York, New York S ponsoring Committee: Amy L. Sommers, K&L Gates, Shanghai, People’s Republic of China International Anti-Corruption Committee P rogram Chair & Moderator: T. Markus Funk, Perkins Coie LLC, Denver, Colorado, and Chicago, Illinois S peakers: Milos Barutciski, Bennett Jones LLP, Toronto, Ontario, Canada

40 2012 Spring Meeting ABA Section of International Law sda wed n Andrew S. Boutros, United States S peakers: e Attorney’s Office(in his personal capacity), Hon. Richard M. Berman, United States y Northern District of Illinois, Chicago, Illinois District Court, Southern District of New , a p

Pascale Dubois, The World Bank, York, New York, New York r Washington, DC Hon. Charles E. Ramos, New York State 18il Preston L. Pugh, Pugh, Jones, & Johnson, Supreme Court, Commercial Division, P.C., Chicago, Illinois New York, New York (Invited) Gina M. Venizia, Freehill, Hogan & 4:30 pm – 6:00 pm Mahar, LLP, New York, New York T he New York Advantage: The Creation Of Special New York 4:30 pm – 6:00 pm Court Dockets to Streamline And I nternational Construction Resolve International Disputes and Construction Finance Since the Financial Crisis DsputeRsutii e ol on / Litigation Perty rop / Intellectual Property Law / With thanks to our track sponsors Privacy; Corporate / Transactional This interactive session will be a three part mock bid for a major international construction project. Following an introduction of the case study, act one will be representatives of a joint venure This program will examine the discussing its tender bid, dealing with establishment of a special New York State issues such as return on investment, Commercial Division and/or Federal creative financing solutions, concessions Court docket in New York City to hear needed from the awarding government international litigation cases and/or agency, scheduling and budgeting, use of international arbitration matters. This issue local partners, structure of the bidding was raised in the Report of the New York group, and major risks to be addressed. State Bar Association’s Task Force on New Act two will involve the presentation York Law in International Matters. Do of one of the finalists to the awarding these initiatives make New York the forum agency. The audience will play the role of of choice for adjudication of international key stakeholders and pose questions to the litigation and arbitration? Our panel presenters. In the final act the speakers will present different views, insightful will discuss some of the key issues legal analysis, spirited debate, and carefully counsel must understand to properly consider whether and how specially created advise their clients on an international New York Courts and designated judges construction project. would handle international litigation S ponsoring Committees: and arbitration. Cross-Border Real Estate Practice S ponsoring Committees: Committee, International Human Rights International Litigation Committee, Committee, and International Corporate International Human Rights Committee, Counsel and International Corporate Counsel Program Chair & Moderator: Committee Terry A. Selzer, Stampe Haume & Program Chair & Speaker: Hasselriis, Copenhagen, Denamrk Jay G. Safer, Locke Lord LLP, New York, Program Chair & Speaker: New York Gerard Hernandez Colet, Cuatrecases, Program Chair & Moderator: Goncalves, Periera, Barcelona Spain Neil A. Quartaro, Watson, Farley & Williams LLP, New York, New York

40 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 41 il 18 r p S peakers: Kate Hardy, Nixon Peabody, New York,

, a James F. Butler, Smith Currie & Hancock, New York y Atlanta, Georgia Greg Lipsker, Barrister Winery, Spokane,

e Roberto Hernandez Garcia, Comad, Washington (Invited) n Mexico City, Mexico Robert Parker, The Wine Advocate,

wed Anthonysda Gonzales, Spire Consulting Monkton, Maryland (Invited) Group, Austin, Texas 4:30 pm – 6:00 pm 4:30 pm – 6:00 pm I nternal Justice at the United M aking, Importing or Exporting Nations—What Does It Look Wine: The International Aspects Like and Does it Work? of the Wine Business P eruBLIC Int national Law / Rule of Law; Ext r por Cont ols / Trade / Customs; Dispute Resolution / Litigation Compliance / Regulatory With thanks to our track sponsors With thanks to our track sponsor

Many attorneys get involved with running Have you ever wondered what internal a winery or importing/exporting wine, justice at an international organization like either as an attorney or as a second the United Nations looks like? This is your career. This program will explore the chance to find out. In July 2009, the U.N. legal issues involved in running a winery, General Assembly implemented an entirely advising winery owners and exporting new system of resolving disputes within the or importing wine. Speakers will include U.N. For the first time within international attorneys representing wineries in the administrative tribunals, a two-tier system U.S. and abroad, a former official at the of formal adjudication was established and International Vine and Wine Organization judges from all over the world have been (OIV) in Paris, judges in international called to adjudicate disputes. You will wine competitions, and long-time Chair of hear from representatives from the United the ABA Committee on Beverage Alcohol Nations Appeals Tribunal, the Executive Practice. It will be followed by the first Director of the Office of Administration ever attorney wine makers wine tasing of Justice, the Internal Justice Council, featuring wines from attorney-owned and and a UN Member State that was actively operated wineries. engaged in the process of establishing the S ponsoring Committees: new system. Seasoned Lawyers Interest Network (SIN), S ponsoring Committees: India Committee, Latin American and UN & International Institutions Caribbean Committee, Women’s Interest Coordinating Committee, International Network (WIN), International Criminal Judicial Affairs Committee, International Law Committee, and International Courts Committee Pro Bono Committee Program Chair & Speaker: Program Chair & Moderator: Bruce Rashkow, Former U.S. Chuck Routh, Garvey Schubert Barer, Representative to the UN, New York, Seattle, Washington New York S peakers: M oderator: Richard Blau, Gray Robinson, Tampa, FL Lelia Mooney, Partners for Democratic Change, Washington, DC

42 2012 Spring Meeting ABA Section of International Law sda wed n S peakers: Andrei Terekhov, United Nations, e Sophia Adinvira, President, United New York, New York y Nations Appeals Tribunal, Ghana (Invited) , a p

Frank Eppert, United Nations Internal r Justic Council, New York, New York 18il

7:30 pm – 9:00 pm O pening Reception at the Union League Club 38 East 37th Street New York, NY With thanks to our primary sponsor

With thanks to our secondary sponsors

Guest of Honor: James R. Silkenat Institute, has served as a Fellow in James R. Silkenat is the President- the U.S. State Department Scholar/ Elect Designate of the American Bar Diplomat Program, and was a Fellow Association, and will become President- of the National Endowment for the Elect of the Association in August Humanities. He is also a Life Fellow 2012 and President of the Association of the American Bar Foundation and in August 2013. From 1989-1990, Mr. has served as National Chair of the Silkenat served as Chair of the ABA Fellows. In 2000, he received the Section of International Law. He is a Outstanding Alumni Award for Career Partner in the Corporate Department Achievement from Drury University of Sullivan & Worcester’s New and in 2007 he received the Lifetime York office. His primary focus is on Achievement Award from the Section international joint ventures, mergers of International Law and in 2009 he and acquisitions, privatizations, project received the Diversity Champion Award finance transactions (in developed and of the Association of the Bar of the City developing countries) and private equity of New York. investment funds. Mr. Silkenat is a One ticket per person is included as part of Director of the World Justice Project, your Spring Meeting registration fee; this a member of the Council on Foreign reception is free to meeting attendees who Relations and of the American Law have registered for the entire conference.

42 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 43 8:00 am – 8:50 am 9:00 pm – 11:00 pm B reakfast at the Bar: Voluntary C ommittee Dinners Disclosure of Export Violations: Take advantage of the free time this When & How to Do It evening to enjoy one of the many fine restaurants New York has to offer by Ext r por Cont ols / Trade / Customs; organizing a Committee dinner. This Corporate / Transactional is a great opportunity to continue to Given the record-setting fines that have network within your practice area been imposed on U.S. and non-U.S. with others at the meeting who share companies for violations of U.S. and your same interests and have casual Canadian export laws and regulations, discussions over the dinner table; many companies are increasingly seeking il 19 r of which will lead to new initiatives strategies to mitigate potential penalty p and committee programs developing exposure. One way to achieve this goal is , a y for months to come after you return to submit voluntary disclosures to the U.S. home. If you have any questions about and Canadian governments. During an planning for this event at the Spring interactive program, a panel of seasoned Meeting, please contact Curry Wilson in-house and outside counsel from the U.S. thursda at [email protected]. and Canada will discuss the advantages The Section recommends the and disadvantages of submitting voluntary following Preferred Restaurant for disclosures based on hypothetical fact you to hold your Committee Dinner: patterns. In addition, the panel will share insights and written guidance on best practices for export compliance. S ponsoring Committees: Export Controls & Economic Sanctions Committee, Customs Law Committee, For reservations, please contact International Trade Committee, Canada Sabina at [email protected]. Committee, and International Corporate Counsel Committee Program Chair & Moderator: Thursday, April 19 Geoffrey Goodale, Shipman & Goodwin LLP, Washington, DC Program Chair and Speaker: 7:00 am – 7:00 pm James Bartlett, Northrop Grumman Corp., R egistration Area, Exhibit Hall and Falls Church, Virginia Business Center Open S peakers: Cyndee Todgham Cherniak, McMillan LLP, Toronto, Ontario, Canada 7:45 am – 9:00 am Peter Quinter, Becker & Poliakoff, Ft. Continental Breakfast Lauderdale, Florida Darren Riley, Huffman Riley Kao PLLC, Washington, DC

44 2012 Spring Meeting ABA Section of International Law 9:00 am – 10:30 am Program Chair & Moderator: Defending Clients in Bradley D. Simon, Simon & Partners LLP, Cross-Border Investigations New York, New York Copliae m nc / Regulatory; Public S peakers: Manfred J. Gabriel, FTI Technology, New International Law / Rule of Law York, New York With thanks to our track sponsor Deborah Meshulam, DLA Piper, Washington, DC Aaron Schildhaus, Law Offices of Aaron Schildaus, Buenos Aires, Argentina thursda William Stuckwisch, U.S. Department of This panel will focus on actual case Justice, Washington, DC (Invited)

scenarios where a client is caught in the y

9:00 am – 10:30 am , a cross-hairs of the competing and often

U pdate of the Implementation of p

conflicting interests of anti-bribery and r other fraud investigations conducted Key Dodd-Frank and EU Financial 19il simultaneously in different countries. For Market and Bank Reforms in the instance, can prosecutors from one country Wake of the Financial Crisis use the testimony of a witness against him Cop r orATE / Transactional; when that witness received immunity in another jursidiction? What happens when Compliance / Regulatory one country declines to recognize a Foreign With thanks to our track sponsor Corrupt Practices Act plea and monetary settlement in the U.S. and decides to prosecute that individual on the very same charges and seeks forfeiture of the same monies already forfeited by the United States? If relevant data resides outside of The financial regulatory system has the US, how can a company review and undergone extensive change. The U.S. produce that data to US regulators and law passed the Dodd-Frank Act, and several enforcement without violating applicable new legislative measures were taken in sovereign data privacy laws or blocking the EU and its member states. The U.S. statutes? These are not mere hypotheticals. reforms have introduced new registration Such situations are occurring with requirements for hedge fund advisers, increasing frequency as nations are an extension of the extraterritorial reach devoting increased resources to their anti- of U.S. securities laws, new restrictions bribery and fraud enforcment efforts. How on commercial and investment banks in does a lawyer effectively defend and protect trading and new regulations and rules a client from the competing interests of regarding derivatives and the trading multi-national cross-border investigations? of derivatives. The vast majority of A panel of white collar, anti-bribery, and rulemaking mandated under the Dodd- antitrust practitioners representing the Frank Act is far from completed. This defense, prosecution, and cross-border expert panel will examine the content, disclosure perspective will discuss these status and challenges of implementation thorny issues and lend their insights of key parts of the Dodd-Frank Act and of and experiences. various financial reform measures taken S ponsoring Committees: by the EU and selected member states, as International Anti-Corruption Committee, well as the restructuring and resolution and International Law Practice of systemically important financial Management Forum institutions, credit rating agency rules and other current topics.

44 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 45 S ponsoring Committees: that it takes place in a hybrid system, International Securities and Capital Markets cross-examination in an international Committee and International Financial arbitration requires specialized knowledge Products & Services Committee and sensitivity to differing legal traditions. Program Chairs & Moderators: In this program, international advocates, Meyer Eisenberg, Columbia Law School, arbitrators and experts will discuss cross- New York, New York and Willamette examining witnesses across legal cultures University, College of Law, Salem, Oregon in international arbitration. The discussion will center on the fundamentals of cross- Dorothee Fischer-Appelt, Sidley Austin, examination, cross-examination before an London, United Kingdom international tribunal, perspectives from S peakers: the civil law and common law traditions, il 19 Elisse Walter, Commissioner, Securities cross-examination of experts, including r p and Exchange Commission (SEC), the “hot tub” approach, cross-examination

, a Washington, DC on a chess clock system, arbitrators’ views y Thomas C. Baxter, Jr., Executive Vice of the effectiveness of cross-examination, President and General Counsel, Federal witness preparation for cross-examination Reserve Bank of New York, New York and persuasive cross-examination thursda (Invited) techniques. The program will benefit Harvey Goldschmid, Columbia both novices and seasoned international University, New York, New York arbitration advocates who seek to become more effective cross-examiners. Nora Jordan, Davis, Polk & Wardwell, New York, New York S ponsoring Committee: Giovanni Prezioso, Cleary, Gottlieb, Steen International Arbitration Committee & Hamilton, Washington, DC Program Chair & Moderator: Jose Astigarraga, Astigarraga Davis, 9:00 am – 10:30 am Miami, Florida C ross-Examination Across Legal Cultures M oderator: DsputeRsutii e ol on / Litigation; Laurie Foster, Morgan Lewis & Bockius, Corporate / Transactional New York, New York With thanks to our track sponsors S peakers: Dominque Brown-Berset, Brown & Page, Geneva, Switzerland Mark Beckett, Latham & Watkins, New York, New York Judith Gill, Allen & Overy, London, United Kingdom Cross-examination has been called “the Merryck Lowe, BDO, London, ‘greatest legal engine ever invented for the United Kingdom discovery of truth.’” California v. Green, 399 U.S. 149, 158 (1970) (quoting 5 Ben H. Sheppard, University of Houston, Wigmore, Evidence § 1367). On the other Houston, Texas hand, cross-examination in the forms practiced in common law legal cultures is not a traditional feature of the civil law adjudication system. International arbitration melds practices from both civil and common law traditions and, generally speaking, cross-examination is now recognized as a standard and accepted part of international arbitral proceedings. Given

46 2012 Spring Meeting ABA Section of International Law 9:00 am – 10:30 am 9:00 am – 10:30 am I mporting Cultural Objects T hink Before You Tweet – What Everyone Into the United States Should Know About Social Media Ext r por Cont ols / Trade / Customs; Perty rop / Intellectual Property Law / Compliance / Regulatory Privacy; Young Lawyers With thanks to our track sponsor With the explosion of social media and mobile marketing, companies are increasingly focusing on social and peer-to-peer marketing. Similarly, the

Internet and other evolving information thursda technologies are powerful tools for the Curators, collectors, dealers, and even collection, processing, storage, and use of

souvenir buyers want to bring art works personal information. This ever-changing y and cultural objects from other countries environment presents unique opportunities , a p

into the United States. However, they for brand promotion, but also raises novel r should know that Customs and Border issues of ethics, unfair trade practices, 19il Protection is on the lookout for culturally trademark and copyright infringement, important artifacts that may be entering privacy, data collection, defamation, the United States illegally. A legal harassment, employment law and false framework, composed of both general and advertising. In 2010, online advertising specific customs laws, now regulates the was an $8.8 billion dollar industry, which importation of cultural artifacts. As this has faced the scrutiny of the U.S. Federal framework has become more complex, Trade Commission and other regulators, compliance has also become a source of class action lawyers, competitors, and concern for all those who wish to promote the press. For example, businesses can the legitimate trade in cultural objects. be liable for “personal” internet activities This panel will draw on a variety of of employees, regardless of knowledge. experts to explain how the law in this area Consequently, businesses must proactively developed, how it is enforced, and how an develop strategies and implement policies importer of cultural objects can stay within to manage the legal risks. the law. S ponsoring Committees: S ponsoring Committee: Young Lawyers Interest Network (YIN) Art & Cultural Heritage Law Committee and Privacy, E-Commerce & Data Security Program Chair & Moderator: Committee Lawrence Friedman, Barnes, Richardson Program Chair & Moderator: & Colburn, Chicago, Illinois Lauri Sawyer, Jones Day, New York, Program Chair & Speaker: New York Patty Gerstenblith, DePaul University S peakers: College of Law, Chicago, Illinois Lora Blum, Linked In, San Francisco, S peakers: California (Invited) Harold Grunfeld, Grunfeld, Desiderio, Joe Green, Causes, San Francisco, Lebowitz, Silverman & Klestadt, New York, California (Invited) New York (Invited) Justin Smith, Inside Network, Palo Alto, Sharon Levin, U.S. Department of Justice, California (Invited) New York, New York Levina Wong, Monster, Inc., Colleen Piccone, U.S. Department of Maynard, Massachusetts Homeland Security, U.S. Customs and Border Protection, New York, New York (Invited)

46 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 47 issues that arise, from project inception to 10:30 am – 11:00 am completed plant operation, as well as ways Networking Break to address those issues. They will challenge and engage the audience in an active 10:30 am – 11:00 am dialogue about the role of waste-to-energy “ How To” Series: Developing in constructing a sustainable energy future. Programs with the Section S ponsoring Committees: International Energy & Natural Resources Do you have an idea for a program Committee, International Litigation that is timely and topical? If so, then Committee and International attending this nuts and bolts of how to Environmental Law develop programs for the Section will be il 19 instrumental in helping you to develop Program Chairs: r p your proposal. Member and committee Caryl Ben Basat, BenBasat Law Group,

, a P.A., Weston, Florida

y involvement through the development of programming continues to be the Renee Dopplick, Inside Justice, lifeline of the Section; whether it be for a Washington, DC seasonal meeting, a brown-bag, podcast, M oderator: thursda webcast, teleconference or stand-alone, or Harvey Gershman, Gershman, Brickner & a combination, for CLE or not, there are Bratton, Inc, Fairfax, Virginia (Invited) ample opportunities for your program idea S peakers: to take flight. Join us to learn more about Vera Alexandropoulou how to chart the course of your proposal. , Enerpro, Piraeus, Greece Program Chair & Speaker: Suchitra Chitale, Chitale & Chitale Adam B. Farlow, Section Programs Officer Partners, New Delhi, India (Invited) 11:00 am – 12:30 pm Robert F. Kennedy, Jr., Pace University W aste-to-Energy – A 21st Century School of Law, White Plains, New York Solution or a Costly Detour (Invited) That Will Derail Recycling? Alex McLean, Arthur Cox, Dublin, Ireland Copliae m nc / Regulatory; 11:00 am – 12:30 pm Corporate / Transactional I n Search of a Brave New World With thanks to our track sponsor of Venture Capital Financing Cop r orATE / Transactional; Young Lawyers The recent economic crisis has shaken the venture capital market to its core. Funds have disappeared or have dramatically changed focus and size. This panel will Let’s talk trash and the piles of garbage examine the current direction of the and commercial waste intended for mega- venture capital industry in North America, landfills. Can waste provide a path to a including: (a) the importance of venture sustainable energy future? Can modern capital financing to encourage innovation; waste-to-energy facilities kill two birds (b) the role of government in growing and with one stone, yielding clean energy strengthening the venture capital industry; safely at affordable prices? Or is the (c) the current view of institutional process too expensive, financially and investors to venture capital; (d) the rise environmentally, and will these projects, of super angels and small venture capital that are often public-private partnerships, funds in financing capital efficient undercut recycling efforts? Business and businesses; (e) advising the entrepreneur environmental lawyers with experience in who seeks to raise capital - pitching waste-to-energy projects around the globe interviews and term sheet negotiation; and will provide a bird’s eye view of the many

48 2012 Spring Meeting ABA Section of International Law (f) the current exit environment and what Program Chairs: lies ahead. Stephen Denyer, Allen & Overy, S ponsoring Committees: Frankfurt, Germany Canada Committee and Young Lawyers Justin Vineberg, Davies Ward Philips & Interest Network (YIN) Vineberg, Montréal, Québec, Canada Program Chairs: S peakers: Jeffrey A. Barnes, Bordon Ladner Gervais Jaime Carey, Carey & Cía, Santiago, Chile LLP, Toronto, Canada Francois Chateau, Salans, New York, Vanessa A. Lantin, Administrative Office New York

of the U.S. Courts, Washington, DC Richard Cherney, Davies Ward Philips & thursda M oderator: Vineberg, Montréal, Québec, Canada Leonard M. Gold, Burns & Levinson LLP, Nishith Desai, Nishith Desai Associates, Mumbai, India Boston, Massachusetts y , a S peakers: Austin T. Fragomen, Jr., Fragomen, Del p

Nithya Das, AppNexus, Inc., New York, Rey, Bernsen & Loewy, LLP, New York, r il 19il New York (Invited) New York Timothy J. McCunn, Bordon Ladner Umit Herguner, Hergüner Bilgen Özeke, Gervais LLP, Ottawa, Canada Istanbul, Turkey W. Ian Palm, McCarthy Tetrault LLP, Julian Howard, Macfarlanes, London, Toronto, Ontario, Canada United Kingdom John Ruffolo, Omers Ventures, Toronto, Pete Kalis, K+L Gates, New York, Ontario, Canada (Invited) New York Rafael Morales, SyCip Salazar Hernandez 11:00 am – 12:30 pm & Gatmaitan, Manila, Philippines T he Opportunities and Challenges Alfredo Miguel O’Farrell, Marval, of Managing a Law Firm O’Farrell & Mairal, Buenos Aires, Argentina Inertinl t na o a Law Practice Management Richard Wolf, Wolf Theiss, Vienna, Austria Forum; Corporate / Transactional 11:00 am – 12:30 pm With thanks to our track sponsor R evolutionizing Justice: The Emerging Field of Online Dispute Resolution DsputeRsutii e ol on / Litigation; Property / Intellectual Property Law / Privacy Our panelists will address critical issues With thanks to our track sponsors currently facing law firms including: (a) the future of local and national law firms as large multi-national “mega” firms continue to expand; (b) developing and maintaining alliances or “best friends” relationships; (c) alternative billing structures and responding to RFPs; (d) strategic planning In today’s high-tech era, traditional for law firms; (e) creative marketing ideas; methods of dispute resolution have been and (f) what are the competitive threats to slow to adapt to technological innovation, law firms over the coming five to ten years? and are increasingly coming under fire for S ponsoring Committee: lack of efficiency and cost-effectiveness. International Law Practice A quickly growing alternative is online Management Forum dispute resolution (ODR). ODR has the ability to facilitate quick, less expensive, and more efficient resolutions by

48 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 49 harnessing readily available technologies. 11:00 am – 12:30 pm Presently, the United Nations Commission M inding Your Budget: Cost-Efficient on International Trade Law is creating Techniques for Protecting Your standards on cross-border ODR and Intellectual Property Around the World both government and private entities are implementing ODR. As a result, Perty rop / Intellectual Property Law / various sectors are leading the way to Privacy; Corporate Counsel greater potential for technology mediated A company’s long-term viability can largely dispute resolution. This ODR roundtable depend on the proper management and presents a discussion of the legal issues protection of its intellectual property, and surrounding ODR from the viewpoints of whether it is fully exploiting the value of the private, non-profit, and public sectors. its intellectual property. Efficiency is vital, il 19 The roundtable panelists will discuss the r as precious time and money are wasted p background of ODR, the benefits and when preliminary questions are not asked, , a challenges of the transition to ODR, an y and appropriately broad searches are ODR case study of eBay, and ODR and not conducted in advance. For example, public international law. have the potential geographic markets S ponsoring Committees: been identified before the product’s thursda International Litigation Committee, Privacy, release? Does it make financial sense to E-Commerce and Data Security Committee, file for protection in a particular market International Arbitration Committee, where there is not any use? Utilizing the Young Lawyers Interest Network (YIN), and audience to address hypothetical scenarios International Mediation Committee covering such international issues as Program Chairs & Moderators: searching, protectability, filing regimes Jeff Aresty, Internet Bar Organization, and ownership, this interactive workshop Houston, Texas will demonstrate how efficient portfolio management can minimize the costs of Fatima Khan, Fatima Khan Consulting, obtaining and maintaining intellectual Houston, Texas property. S peakers: S ponsoring Committees: Vikki Rogers , Institute of International International Intellectual Property Commercial Law – Pace Law School, Committee, U.S. Lawyers Practicing Abroad, New York, New York and International Secured Transactions Colin Rule, Modria, San Jose, California Committee Gabriela Szlak, Latin American Program Chair & Moderator: eCommerce Institute, Argentina Matthew Asbell, Ladas & Parry LLP, Beth Trent, CPR, New York, New York New York, New York (Invited) S peakers: Mohamed Wahab, Cairo University, Meir Blonder, Leviton Mfg. Co., Melville, Cairo, Egypt (Invited) New York (Invited) Barbara Kolsun, Stuart Weitzman, LLC, New York, New York John Richards, Fordham University, New York, New York Kelly Slavitt, Reckitt Benckiser, Parsippany, New Jersey

50 2012 Spring Meeting ABA Section of International Law 11:00 am – 12:30 pm S peakers: Not For Sale: Global Responses Anne T. Gallagher, Asia Regional to Sex and Labor Trafficking Trafficking in Persons (ARTIP) Project, Bangkok, Thailand P eruBLIC Int national Law / Rule of Law Laura Lederer, Global Centurion / …12-year-olds –under constant Georgetown University Law Center, Fairfax, supervision by pimps in the alleys of the Virginia Sonagachi Red-light district…Young Jonathan Todres, Georgia State University, girls brutishly incarcerated in poorly-lit, College of Law, Atlanta, Georgia overcrowded, Indian brothels for paid

sex…Vulnerable trafficked boys and girls thursda toiling daily on cocoa plantations in Cote 12:45 pm – 2:15 pm d’Ivoire ...Adolescent sex slaves in the Ticketed Event United States. Human trafficking has y become a global human rights epidemic. L uncheon with Keynote Speaker , a

From forced prostitution to forced labor, With thanks to our sponsor p r an estimated 27 million people currently 19il are victims of this modern-day brand of slavery. How do we tackle this worldwide Louis B. Sohn Award for the Public scourge of human exploitation? How does International Law Presentation: one combat human trafficking within and Anne-Marie Slaughter across country borders? What is the world’s In honor of Section Chair Louis response via domestic laws? International B. Sohn (1992-93), this award is regulations? UN Conventions? This presented to those persons who panel will bring together diverse world have made distinguished, long- leading experts to discuss and analyze this standing contributions to the field distressing universal predicament. of public international law. This S ponsoring Committees: year the award is being presented to International Human Rights Committee, Anne-Marie Slaughter, Dean of the Africa Committee, Europe Committee, India Woodrow Wilson School of Public Committee, Russia/Eurasia Committee, and International Affairs in Princeton NGO & Not-for-Profit Organizations and, until recently, Director of Policy Committee, Women’s Interest Network Planning for the US Department (WIN), International Criminal Law of State. Anne-Marie taught at the Committee, International Pro Bono University of Chicago and Harvard Committee, National Security Committee, before Princeton, and serves on the Corporate Social Responsibility Committee, board of the Council on Foreign International Refugee Law Committee, Relations, National Security Network, International Employment Law Committee, and Brookings Doha Center. She Immigration & Naturalization Committee, has been a long-time supporter of and ABA Section of Individual Rights and the Section and has participated in Responsibilities Women’s Rights Committee numerous Section programs. Program Chairs: Becky Farrar, Attorney-at-Law, Washington, DC Olufunmi Oluyede, TRLPLAW, Lagos, Nigeria M oderator: Samantha Healy Vardaman, Esq, Shared Hope International, Arlington, Virginia

50 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 51 2:30 pm – 4:00 pm 2:30 pm – 4:00 pm E conomic Espionage & Social Media: C ross-Border Secured Lending: Challenges Where Is Your Data Tonight? of Structuring the Collateral Package Copliae m nc / Regulatory; Property / Cop r orATE / Transactional; Intellectual Property Law / Privacy Corporate Counsel With thanks to our track sponsor Seasoned cross-border lending lawyers from varied jurisdictions and multilateral institutions will debate the efficacy of currently employed security interest devices in respect of “edgy” collateral, such as satellite systems, submarine fiber il 19

r Your data has been breached—personal optic cables, trans-border pipelines, p data of employees and customers, as well agribusiness and hydrocarbon and other , a y as proprietary company information. natural resources extraction, with a view to Criminals are after your corporate probing the limits of constraining national information and, increasingly, social media sovereignty through current and proposed sites are where they look to get in. How private law instruments. The discussion thursda do you respond? Data security breaches will include review of effectiveness of can cost billions in fines, notification of efforts to “off-shore” collateral packages, data subjects, governmental investigations, to work around potential assertions of legal fees, loss of business reputation, national sovereignty over public utility, credibility and, perhaps, trade secrets. public service and national resource Will your company be the next headline? activities, and to address the tensions This interactive program discusses: (a) an between “Calvo” and “ICSID” approaches overview of the laws of data protection, to dispute resolution. The presentation ethical issues regarding security of client will occur as a “strategy session” debate information, and remediation of breach; between counsel expert in the key (b) the basics of incident response for representative jurisdictions of Argentina, multinational corporations under statutory Brazil, England, Mexico and the United and regulatory schemes within the E.U., States on the one hand, and on the other, Canada, Asia and South America; and counsel in the role of senior international (c) trends toward greater data protection and multilateral lenders. and encryption requirements as electronic S ponsoring Committees: global commerce accelerates. Mexico Committee, Canada Committee, S ponsoring Committee: Cross-Border Real Estate Practice Committee, International Litigation Committee Europe Committee, International Program Chair & Moderator: Commercial Transactions, Franchising & Fernando Pinguelo, Norris, McLaughlin Distribution Committee, and International & Marcus, Bridgewater, New York Corporate Counsel Committee Program Chair & Speaker: Program Chair: Kenneth Rashbaum, Rashbaum Associates, Lucila Escriña, Negri & Teijeiro Abogados, LLC, New York, New York Buenos Aires, Argentina S peakers: Program Chair & Moderator: Juliana Abrusio, Opice Blum, Patrick Del Duca, Zuber & Taillieu LLP, Sao Paolo, Brazil Los Angeles, California Theresa Beaumont, Google, Inc., M oderator: Mountainview, California (Invited) Meaghan McGrath Sutton, International Seth Kosto, U.S. Attorney’s Office, Newark, Finance Corporation, Washington, DC New Jersey (Invited)

52 2012 Spring Meeting ABA Section of International Law S peakers: Rajaratnam, Rajat Gupta and David Sokol, Spiros V. Bazinas, Secretariat of the United together with the developing law of insider Nations Commission on International Trade trading. Part I also will feature an in depth Law (UNCITRAL), Vienna, Austria discussion of prominent civil lawsuits Andrew Fraiser, Allen & Overy LLP, New such as the SEC lawsuit against Goldman York, New York Sachs, the “Fabulous Fab” litigation and Juliana Martines, Syngenta Proteção de key claims against several of the nation’s Cultivos Ltda., São Paulo, Brazil most prominent financial institutions. The program will feature prominent Juan Javier Negri, Negri & Teijeiro prosecutors, defense lawyers, academics Abogados, Buenos Aires, Argentina and journalists, each of whom has been thursda 2:30 pm – 4:00 pm directly involved in the legal developments spurred by the global financial crisis and T he Aftermath of the Global Financial who bring differing perspectives on the y

Crisis – A Focus on Insider Trading and impact of these important changes. , a

Developments in Securities Law: Part I p

S ponsoring Committees: r DsputeRsutii e ol on / Litigation; International Securities and Capital Markets 19il Compliance / Regulatory Committee and International Financial With thanks to our track sponsors Products & Services Committee Program Chairs & Moderators: Meyer Eisenberg, Columbia Law School, New York, New York and Willamette University, College of Law, Salem, Oregon Charles D. Schmerler, Fulbright & Jaworski, L.L.P., New York, New York S peakers: Kenneth Bialkin, Skadden Arps, New York, New York John C. Coffee, Jr., Columbia Law School, New York, New York This two-part Showcase program will focus Robert Khuzami, Director, Division on four key areas of law arising from the of Enforcement, Securities and Exchange global financial crisis: (a) Insider Trading Commission (SEC), Washington, DC and SEC enforcement actions against hedge fund managers and criminal actions William R. McLucas, WilmerHale, against insider trading networks and Washington, DC intermediaries; (b) civil litigation against 2:30 pm – 4:00 pm financial institutions and individuals arising from the crisis (c) the extraterritorial D rafting International Restrictive reach of US securities laws, following Covenants and Trade Secrets the decision of the US Supreme Court in EplmeLm oy nt aw / Human Resources; Morrison v. National Australia Bank; and Corporate / Transactional (d) the essential court-made law developing in decisions such as Matrixx Initiatives Inc. Drafting and negotiating restrictive v. Siracusano, Janus Capital Group v. First covenants or litigating covenants and Derivative Traders, Erica P. John Fund v. trade secrets issues at the international Halliburton Inc. and others. Part I will level is no simple task. As the global review the aggressive approach taken by economy continues to expand, it becomes the SEC to insider trading by means of a increasingly challenging for attorneys newly created Task Force and will examine in the U.S. and other jurisdictions essential prosecutions such as those of Raj representing employers to ensure that such provisions are enforceable worldwide,

52 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 53 and for those representing employees to led to fundamental shifts in the market ensure that their clients are able to retain for legal services, particularly in smaller their mobility in the event of a change jurisdictions and niche markets? What in employment circumstances. This are the leadership skills that have been program will explore these challenges required and how have law firm leaders through an experienced panel composed coped with the stresses and strains of of both U.S. and foreign employment difficult choices? These questions will counsel (representing both individuals and be addressed by a panel of law firm management). The panelists will discuss leaders from a range of different types of the most common problems and provide jurisdictions and size of practice. their perspective on how to deal effectively S ponsoring Committee: with the drafting, negotiation, and International Law Practice il 19 litigation of such cross border restrictive r Management Forum p covenants.

, a Program Chairs: y S ponsoring Committees: Stephen Denyer, Allen & Overy, Privacy, E-Commerce & Data Security Frankfurt, Germany Committee, Section of Labor and Employment Law: International Labor & Susanna Fuchsbrunner, Sibeth thursda Employment Law Committee Rechtsanwaelte, Frankfurt, Germany S peakers: Program Chair & Speaker: Timur Bondyarev, Arzinger, Kiev, Ukraine Wendi S. Lazar, Outten & Golden LLP, New York, New York Piet Faber, Edward Nathan Sonnenberg, Cape Town, South Africa M oderator: Gary R Siniscalco, Orrick, Herrington & Myra Garrett, William Fry, Sutcliffe LLP, San Francisco, California Dublin, Ireland Julien Kavaruganda, K-Solutions & S peakers: Partners, Kigali, Rwanda Paul Callaghan, TaylorWessing, London, United Kingdom (Invited) David Lancaster, Webber Wentzel, Johannesburg, South Africa Danny Ong, Rajah & Tann LLP, Singapore (Invited) David McDonough, Clayton Utz, Brisbane, Australia Gerlind Wisskirchen, CMS Hasche Sigle, Cologne, Germany Ilya V. Nikiforov, Egorov Puginsky Afanasiev & Partners, St Petersburg, Russia 2:30 pm – 4:00 pm Javier Petrantonio, M. & M. Bomchil, L eading a Law Firm in Turbulent Times Buenos Aires, Argentina Inertinl t na o a Law Practice Management Pierre Raoul-Duval, Gide Loyrette Nouel, Forum; Corporate / Transactional Paris, France Cyril Shroff, Amarchand & Mangaldas & With thanks to our track sponsor Suresh a. Shroff & co., Mumbai, India Gerhard Wegen, Gleiss Lutz, Stuttgart, Germany

Over the last few years, law firm leaders in many different jurisdictions have had to cope with a very unpredictable market for legal services. This has caused many of them to re-examine their fundamental strategy and priorities and seek to reposition their firms as more “agile” organizations. Have these experiences

54 2012 Spring Meeting ABA Section of International Law 2:30 pm – 4:00 pm 4:00 pm – 4:30 pm R ape: Impunity and Networking Break Command Responsibility With thanks to our sponsor P eruBLIC Int national Law / Rule of Law Rape is the rule and not the exception in many conflict situations. Between 250,000 and 500,000 women were violated, many with broken bottles, rifles and sticks, 4:00 pm – 4:30 pm during the 100 day-Rwandan genocide. “ How To” Series: Communications Forty-eight women an hour are raped in thursda the Democratic Republic of the Congo Communications Officer Steven Richman (DRC), deemed the rape capital of the is in charge of Section communications world by the UN. Men and boys also suffer and media outreach. He will be available y the pain and stigma of rape. during this “How to” Session to talk about , a

opportunities to promote your program, p

This panel will explore avenues to r

publication or other Section activity. He 19il prosecute perpetrators including mobile will advise on how best to work with courts in the DRC and national courts ABA Media Affairs, structure your media that utilize universal jurisdiction. The outreach, and publicize your achievements speakers will focus on international law inside and outside the Section. developed in supranational tribunals that have decided rape is a crime against 4:30 pm – 6:00 pm humanity and can be genocide. Cases will L atin American Utilities: What be discussed that hold superiors liable for rapes committed by their subordinates. Big PE Wants, Big PE Gets The panel will also propose measures to Cop r orATE / Transactional; dispel cultural norms that prevent victims Corporate Counsel from disclosing the horrors inflicted upon In-house and outside counsel will discuss them and motivate them to initiate an the ongoing boom of private equity (PE) action against their perpetrator. investment in Latin American utilities and S ponsoring Committees: other regulated sectors, including water Africa Committee, Europe Committee, utilities, power generation and distribution and International Securities & Capital companies, port facilities, toll roads, and Markets Committee related areas. What’s driving these huge Program Chair & Moderator: investments and why are these regulated Elizabeth Barad, L/O E. Barad, markets so appealing to PE investors? New York, New York What sectors are hotter and why? What kinds of legal framework and contractual S peakers: protections are investors seeking? How Kelly Askin, Open Society Justice Initiative, do the various investment protection and New York, New York regulatory systems fare? What are the Eve Ensler, V-Day, New York, main legal hurdles and practical issues? New York (Invited) Our experts will discuss current PE Eugnie Mukeshimana, Genocide Surviors investment strategies, goals and trends, Support Network, South Orange, New Jersey convey practical DOs and DON’Ts of Margot Wallstrom, United Nations, New PE transactions in Brazil, Argentina, York, New York (Invited) Chile, Peru, and Colombia (from diligence to post-closing compliance), review useful contractual and regulatory mechanisms to mitigate traditional risks (e.g., environmental contingencies, foreign exchange risk, price regulation/

54 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 55 determination, and government action/ working in small groups, will then address inaction), and debate some pros and cons the issues raised in a case study made of the various regulatory systems and their available to participants in advance of practical implementation. Throughout the session. Participants will take on the the discussion, they will provide real- role of counsel to a potential investor life examples of issues encountered and in a private company, or counsel to one solutions found when representing clients’ of the two existing shareholders. The interests in Latin American private equity ‘clients’ will discuss with their ‘counsel’ investments. the key provisions they ‘gotta’ have in S ponsoring Committees: the proposed transaction and why these International M&A and Joint Venture provisions are critical to them. Participants Committee, Customs Law Committee, Latin will be encouraged to draw on their American & Caribbean Committee and own experiences when looking at ways Young Lawyers Interest Network (YIN) to balance the rights and obligations of majority and minority interest in the P rogram Chair: private enterprise. The session will close Marcos Ríos, Carey y Cía. Ltda, with presentation by the counsel of Santiago, Chile their clients’ positions with the goal of thursday, april 19 april thursday, P rogram Chair & Moderator: negotiation a term sheet for the deal. Marcelo Bombau, M&M Bomchil S ponsoring Committees: Abogados, Buenos Aires, Argentina Young Lawyers Interest Network (YIN), S peakers: Islamic Finance Committee, and Foreign Andrés Crump, Brookfield Infrastructure Legal Consultant Committee Group, Bogota, Colombia P rogram Chair: Paola Lozano, Skadden, Arps, Slate, Mattia Colonnelli de Gasperis, Colonnelli Meagher & Flom, New York, New York de Gasperis Studio Legale, Milan, Italy (Invited) P rogram Chair: Mauro Penteado, Machado, Meyer, Nancy A. Matos, Baker McKenzie, Sendacz e Opice Advogados, São Paulo, Amsterdam, The Netherlands Brazil Moderator: Salvador Valdés, Carey y Cía. Ltda, Randall A. Hanson, Womble Carlyle Santiago, Chile Sandridge & Rice, PLLC, Greensboro, North 4:30 pm – 6:00 pm Carolina S omething’s Gotta Give – Balancing S peakers: the Rights of Majority and Minority Marcel Barth, PricewaterhouseCoopers, Hannover, Germany Interests in the Private Enterprise Salli Swartz, Artus Wise, Paris, France Corpor ate / Transactional; Young Lawyers Carlos Velázquez de León, Basham, Ringe This highly interactive session will explore y Correa, S.C., Monterrey, Mexico the process for building protections for majority and minority stakeholders in a private enterprise. In this first part of the programme, panelists will present several actual deal scenarios which address the themes and stakeholder perspectives to be explored in the interactive section of the program. Particular emphasis will be placed on the special challenges facing investors and existing shareholders when formulating their positions during difficult economic times. Session participants,

56 2012 Spring Meeting ABA Section of International Law 4:30 pm – 6:00 pm of whom has been directly involved in the T he Aftermath of the Global Financial legal developments spurred by the global Crisis – A Focus on Insider Trading and financial crisis and who bring differing Developments in Securities Law: Part II perspectives on the impact of these important changes. DsputeRsutii e ol on / Litigation; S ponsoring Committees: Compliance / Regulatory International Securities and Capital Markets With thanks to our track sponsors Committee and International Financial Products & Services Committee Program Chairs and Moderators: thursda Meyer Eisenberg, Columbia Law School, New York, New York and Willamette University, College of Law, Salem, Oregon y

Charles D. Schmerler, Fulbright & , a

Jaworski, L.L.P., New York, New York p r S peakers: 19il Michael Connoly, Solicitor, Securities and Exchange Commission (SEC), Washington, This two-part Showcase program will DC (Invited) focus on four key areas of law arising Stephen J. Crimmins, K&L Gates, from the global financial crisis: (a) Washington, DC Insider Trading and SEC enforcement Dixie L. Johnson, Fried Frank, actions against hedge fund managers and Washington, DC criminal actions against insider trading Edward Greene, Cleary Gottlieb Steen & networks and intermediaries; (b) civil Hamilton and Columbia Law School, New litigation against financial institutions and York, New York (Invited) individuals arising from the crisis (c) the extraterritorial reach of US securities laws, Stanley Grossman, Pomerantz Haudek following the decision of the US Supreme Grossman & Gross LLP, New York, Court in Morrison v. National Australia New York Bank; and (d) the essential court-made law 4:30 pm – 6:00 pm developing in decisions such as Matrixx Initiatives Inc. v. Siracusano, Janus Capital E xecutive Compensation in Group v. First Derivative Traders, Erica P. Global High Definition John Fund v. Halliburton Inc. and others. EplmeLm oy nt aw / Human Resources; Part I will review the aggressive approach Corporate / Transactional taken by the SEC to insider trading by means of a newly created Task Force and Executive compensation has become a will examine essential prosecutions such as toxic issue for employers, and a focal point those of Raj Rajaratnam, Rajat Gupta and for shareholder activism and governmental David Sokol, together with the developing regulation. That is only half the story, law of insider trading. Part II will examine because compliance with applicable labor, the development of securities law in securities, and tax laws presents regular the wake of several recent high profile cross-border risks for those handling plan decisions from the United States Supreme design and administration. Our expert Court, which may serve to redefine the panel will discuss the most material risks reach and applicability of US securities facing employers and their counsel. laws, the elements of proof of securities S ponsoring Committees: law violations and the access of plaintiffs International Employment Law Committee to our nation’s courts. The program will and International Intellectual Property feature prominent prosecutors, defense Committee lawyers, academics and journalists, each

56 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 57 Program Chair & Moderator: S ponsoring Committees: J. Mark Poerio, Paul Hastings LLP, International Law Practice Management Washington, DC Forum and Young Lawyers Interest S peakers: Network (YIN) Lynn Dudley, American Benefits Council, Program Chair & Speaker: Washington, DC Janet H. Moore, Global Rainmaking, Pasquale Ferrara, Rabobank International, Houston, Texas New York, New York 4:30 pm – 6:00 pm Peter Haller, Credit Suisse, New York, New York T he Evolution of International Criminal Michael Wesclitz, Philip Morris Law: Problems and Perspectives il 19 International, Geneva, Switzerland P eruBLIC Int national Law / Rule of Law; r p (Invited) Young Lawyers , a y Britt Whitman, Intel Corp., A conversation with Ben Ferencz, the Hillsboro, Oregon sole surviving American who served as a prosecutor at the Nuremburg trials 4:30 pm – 6:00 pm of Nazi war criminals. Ferencz was thursda M arketing Secrets: What Lawyers Chief Prosecutor for the United States Can Learn from MBA Marketers in The Einsatzgruppen Case, which the About Marketing Legal Services Associated Press called “the biggest murder Inertinl t na o a Law Practice Management trial in history.” Twenty-two defendants Forum; Dispute Resolution / Litigation were charged with - and convicted of - murdering over a million people. In With thanks to our track sponsors addition to his wartime and Nuremburg experiences, Ferencz will discuss Nuremburg’s implications for the rule of law and the international criminal court. S ponsoring Committees: National Security Committee, UN and International Institutions Coordinating Committee, Young Lawyers Interest Network (YIN), Seasoned Lawyers Interest Network (SIN), Law Student, LLM and New Lawyer Do you want to market your services Outreach Committee, and International more effectively and attract more Human Rights Committee clients at home and abroad? Are you Program Chairs & Moderators: interested in key marketing strategies Michael H. Byowitz, Wachtell, Lipton, that professionally trained marketers Rose & Katz, New York, New York use? This highly interactive and engaging Don Ferencz, The Planethood Foundation, session will share key concepts taught by New York, New York the speaker to marketing MBA students at Rice University’s Jones Graduate S peaker: School of Business during the course Ben Ferencz, New Rochelle, New York “Marketing Professional Services in the Global Economy.” This session will teach the effective marketing communication strategies that MBA marketers learn—and that international lawyers can use, both internationally and domestically. Come prepared for hands on learning, highly interactive exercises, and fun.

58 2012 Spring Meeting ABA Section of International Law dynamic discussion of these and related 8:00 pm – 11:00 pm issues, to better understand the issues from Ticketed Event, Black tie optional various perspectives, and to further develop R eception at the Metropolitan the quality and efficacy of international Museum of Art, Temple of Dendur legal education. Questions to be addressed include: What do law schools currently 1000 5th Avenue, New York, NY provide in terms of teaching international With thanks to our sponsor corporate law? What should law schools provide? What is the law school view of the future of international corporate legal education? What technological innovations will facilitate international corporate legal education? This program will facilitate an important and interesting discussion among scholars, educators, bar leaders, and F priday, A ril 20 practitioners that is likely to have a positive impact on the continuing development of international legal education. 7:00 am – 7:00 pm R egistration Area, Exhibit Hall S ponsoring Committees: and Business Center Open International Legal Education and Specialist Certification Committee, Europe Committee, and Women’s Interest Network (WIN) 7:45 am – 9:00 am Program Chair: il 20il frida Continental Breakfast Larry White, TOBB ETU School of Law, Ankara, Turkey y Program Chair & Moderator: , a

8:00 am – 8:50 am p

Carole L. Basri r B reakfast at the Bar: Practice Readiness , Corporate Lawyering Group, LLC, New York, New York for the Global Corporate Environment: S peakers: The Role of Law Schools in Teaching Sean Griffith, Fordham Law School, International Corporate Law and Practice New York, New York YoLwyersung a ; Corporate Counsel David Boyd Booker, Credit Agricole This program will address the role law Corporate Investment Bank, New York, schools play in preparing students to New York be international corporate counsel. The Mark Shulman, Pace University School of issues to be addressed include: (a) the Law, New York, New York international attorney client privilege; (b) international crisis / management; (c) international corporate compliance; (d) the role of global in-house counsel; (e) international internal investigations; (f) cross border e-discovery; (g) global corporate governance; and (h) international litigation management. These important cross-border, international and global issues that arise in corporate law and practice are critical to learn about during the course of a student’s legal education. The distinguished experts representing both legal education and international corporate practice, will engage in a

58 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 59 9:00 am – 10:30 am S peakers: S tates, Instrumentality and Ola Mestad, Council on Ethics, Norwegian Transparency: Sovereign Wealth Government Pension Fund, Oslo, Norway Funds, the Anti-Corruption Regime Wouter Bossu, International Monetary and the Risk of Hidden Interests Fund (IMF), Washington, DC Jinshu “John” Zhang, Reed Smith LLP, Copliae m nc / Regulatory; Public Los Angeles, California International Law / Rule of Law With thanks to our track sponsor 9:00 am – 10:30 am T he Use of IPOs in Emerging Markets to Finance Projects Cop r orATE / Transactional; Property / Intellectual Property Law / Privacy Only a few years ago, Sovereign Wealth A diverse, panel of experts from Europe, Funds (SWF) operated largely under South, and North America will discuss the radar and only the largest deals that the use of initial public offerings (IPOs) touched on national security issues, in emerging markets. With the difficulty such as the purchase of ports or telecom of obtaining financing from financial companies raised their profiles above the institutions in emerging markets, more parapet. But with the global economic investors and developers are looking to use downtown, SWFs flush with cash are IPOs to finance projects. This is a different acquiring at a brisk pace. Recent events, use of IPOs than what is commonly done including allegations of bribery involving in the United States and Europe. What the Libyan SWF raise a number of critical are the similarities and key differences r questions around state-owned enterprises, in the use of IPOs in different markets? p instrumentality and transparency. With What are the key issues and risks that , a y the growth of SWFs and their ownership must be addressed in launching an IPO? or investment interests in private Join this panel for a lively discussion and

frida corporationsil 20 and entities, where is the line interactive session. between a state-owned or state-controlled S ponsoring Committees: enterprise and a private company? Do the International Investment & Development Santiago Principles have any real impact on Committee and Corporate Social transparency? What are the risks for those Responsibility Committee receiving investment from SWFs and those conducting business with them? A panel Program Chair: of experts, including representatives from Terry A Selzer, Stampe Haume & the wealthiest SWF on the planet, the Hasselriis, Copenhagen, Denmark International Monetary Fund, and those Program Chair & Moderator: who work with state-owned enterprises Alexia Rosenthal, Tanoira Cassagne, on their investment choices debate where Buenos Aires, Argentina disclosure and transparency end and S peakers: risk begins. Tomer Pinkusiewicz, White & Case, S ponsoring Committees: New York, New York International Anti-Corruption Committee, Francisco Velazquez, Goodrich Riquelme International Financial Products & Services and Associates, Mexico City, Mexico Committee, and International Investment Pitra Zijp, Nauta Dutilh, Amsterdam, & Development The Netherlands Program Chair & Moderator: Mikhail Reider-Gordon, Navigant Consulting Inc, Los Angeles, California

60 2012 Spring Meeting ABA Section of International Law 9:00 am – 10:30 am 9:00 am – 10:30 am T he Exported Tort: Prosecuting B rand Yourself for Professional and Defending Tort Cases Against Success: Personal Branding Strategies Multinational Companies in Today’s for International Lawyers and Tomorrow’s Legal World Inertinl t na o a Law Practice Management; DsputeRsutii e ol on / Litigation Dispute Resolution / Litigation With thanks to our track sponsors With thanks to our track sponsors

Indians in the Amazon suing multinational oil companies for billions of dollars? In Ecuador? Pharmaceutical and medical device litigation suing in multiple countries? Requesting international class Does your personal brand attract new certification? This panel will review the clients? Do you even know what your state of tort litigation across international personal brand is—and whether it borders. The discussion will include a compliments or conflicts with your firm’s review of legislation enacted in foreign brand? Understanding, and authentically countries to help accomodate large scale adjusting your personal brand can help 20il frida tort litigation, including class action-like you to attract more clients, both at home

devices. It will also include a review of and abroad. The panel will also share y , a legislation designed to make enforcement insights on branding entire law firms, and p

of judgments obtained in foreign countries on cross-cultural branding challenges. r easier. The panel will weave throughout This highly interactive and engaging this discussion real-life examples of how session will be structured like a workshop changes in foreign legal systems have been with panel presentations, followed by used to further the prosecution and/or breakout discussions in small groups enhance the defense. with the speakers to teach you practical branding tips. S ponsoring Committee: International Litigation Committee S ponsoring Committees: International Law Practice Management Program Chair and Moderator: Forum and Young Lawyers Interest Rudy Perrino, Fulbright & Jaworski LLP, Network (YIN) Los Angeles, California Program Chair & Moderator: S peakers: Janet H. Moore, Global Rainmaking, Victor Garita, Facio y Canas, San Jose, Houston, Texas Costa Rica S peakers: Christian Levesque, Conrad & Scherer, Silvia Hodges, Fordham University, Washington, DC New York, New York William Thomson, Gibson Dunn & Paramjit Mahli, SCG Legal PR Network, Crutcher LLP, Los Angeles, California New York, New York Kim Proxmire, Greenfield Belser Ltd., Dublin, Ohio Frank Sommerfield, Sommerfield Communications, NY, New York (Invited)

60 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 61 9:00 am – 10:30 am 10:30 am – 11:00 am ACTA Now: How the New Anti- Networking Break Counterfeiting Trade Agreement Affects Your Practice or Business 10:30 am – 11:00 am Perty rop / Intellectual Property Law / Privacy; Corporate Counsel “ How To” Series: Policy and the Section Policy Officer Ronald J. Bettauer will be Counterfeit products, including those with available at this session to discuss policy- protected trademarks and those comprising making opportunities within the Section. copyrighted works, as well as generic versions of patented pharmaceuticals, are 11:00 am – 12:30 pm a significant problem for certain rights holders. Anti-counterfeiting enforcement Price Signaling and Hub-and-Spoke has largely been the subject of national Communication: How to Avoid the law, and until recently, there have been Cutting Edge of Antitrust Liability limited mechanisms for collaboration Copliae m nc / Regulatory; between countries to curb counterfeiting Corporate / Transactional after it crosses the border. The Anti- Counterfeiting Trade Agreement (ACTA) With thanks to our track sponsor is a multilateral agreement that encourages cooperation among signatories (including the significant economies of Canada, the EU, Mexico, Australia, and the U.S., all of which negotiated the agreement) in enforcement against counterfeiters. Imagine you are a manufacturer and intend to increase your prices in the future. r The treaty may represent a significant p step toward harmonious counterfeit Several weeks in advance of the intended , a price increase, you communicate your y enforcement and give rights-holders the ability to effectively fight counterfeiting intentions to some of your key customers. Is there any risk involved? Developments frida both at homeil 20 and abroad. in the U.S., the E.U. and as far afield S ponsoring Committee: as Australia, as well as the attitude and International Intellectual actions of regulators in those places, have Property Committee called into question how far signaling or Program Chair: any kind of disclosure of price movements Matthew Asbell, Ladas & Parry LLP, is allowed and where it creates risk of New York, New York antitrust liability. This panel will explore M oderator: the state of the law on direct or indirect Barbara Kolsun, Stuart Weitzman, information exchange with competitors, New York, New York suppliers and customers with a particular focus on price signaling as well as hubs S peakers: and spokes in key places around the world, Paula Pinha, Office of the U.S. Trade offering practical advice regarding how the Representative, Office of Intellectual Property rules apply in different common business and Innovation, Washington, DC (Invited) contexts such as trade associations. John McKeown, Cassels Brock & Blackwell S ponsoring Committees: LLP, Toronto, Ontario, Canada (Invited) International Antitrust Law Committee, Joseph Villapol, Ladas & Parry LLP, New Europe Committee, International York, New York Commercial Transactions, Franchising, Yansheng Yu, China Patent Agent (H.K.) & Distribution Committee, Information Ltd., Hong Kong (Invited) Privacy, E-Commerce and Data Security Committee, International

62 2012 Spring Meeting ABA Section of International Law Litigation Committee, and International S ponsoring Committees: Intellectual Property International Energy & Natural Resources Program Chair: Committee, International Investment & Paul Schoff, Minter Ellison Lawyers, Development Committee, International Sydney, Australia Anti-Corruption Committee, Corporate Social Responsibility Committee, Program Chair & Moderator: International Commercial Transactions, Eckart Wagner, Corinius LLP, Franchising & Distribution Committee, and Hamburg, Germany Transnational Legal Practice Committee S peakers: Program Chair: Katrina Groshinski, Minter Ellison Belle Toren, CE Petroleum, Calgary, Lawyers, Sydney, Australia Alberta, Canada Wolfgang Heckenberger, Siemens AG, Program Chair & Moderator: Munich, Germany John Cogan, Cogan & Partners LLP, Henning Leupold, European Commission, Houston, Texas Directorate General Competition, Brussels, Belgium S peakers: Anthony Hylton, Hylton & Brown, Michael Sosso, BP America, Inc., Kingston, Jamaica Houston, Texas Susan Farmer, Holman Fenwick, London, Charlotte Zapfe, German Federal Cartel United Kingdom Office, Bonn, Germany(Invited) Carlos Solé, DLC Piper, Houston, Texas Marie Wagner, Anadarko Petroleum,

11:00 am – 12:30 pm 20il frida W ading into the Shark Tank Houston, Texas (Invited) Jean-Pierre Pham, Bennett Jones, Calgary, – Negotiating International y Energy Contracts Alberta, Canada , a p Cop r orATE / Transactional; 11:00 am – 12:30 pm r Corporate Counsel H ow Recent Developments Have This program will guide the audience Shifted Shopping Preferences- A Look through a selection of legal, commercial at Cross-Border Conflict in Jurisdiction and cultural issues which international DsputeRsutii e ol on / Litigation; energy companies (IOC’s) and host Young Lawyers governments face when an IOC wishes to make a substantial investment in a With thanks to our track sponsors host country. The format will be a mock negotiation between the government and the IOC of a Development Agreement. The Development Agreement is intended to address the rights and duties of the parties pertaining to an LNG (liquefied natural gas) project for the liquefaction of a Differences between European and large deposit of natural gas which has been American approaches to jurisdiction— discovered by an IOC, TexGas, in a remote both legislative and adjudicative—are area of the Republic of Petrostan, far from a persistent issue for multinational any market for the product. Liquefaction corporations and practitioners engaged in is necessary in order to export the gas by cross-border work. Several recent decisions ship. If the negotiations are successful, by the U.S. Supreme Court have brought both Petrostan and TexGas will reap significant change to this landscape. This substantial benefits. panel features attorneys who argued two of these cases, and one of the foremost American scholars of international

62 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 63 jurisdictional issues, to discuss the S ponsoring Committees: implications for businesses and litigants. National Security Committee, International S ponsoring Committees: M&A and Joint Venture Committee, and International Litigation Committee and International Anti-Corruption Committee Customs Law Committee Program Chair: Program Chair: Jonathan Granoff, Global Security Ausra Deluard, Jones Day, New York, Institute, Philadelphia, Pennsylvania New York John Harrington, Law Office of John Program Chair & Speaker: Harrington, Stratford, Connecticut Meir Feder, Jones Day, New York, M oderator: New York John Burroughs, Lawyers Committee on M oderator: Nuclear Policy, New York, New York Lord David Hacking, Littleton Chambers, S peakers: London, United Kingdom Libran Cabactulan, Mission of the S peakers: Phillipines to the United Nations, New York, New York Glenn P. Hendrix, Arnall Golden Gregory LLP, Atlanta, Georgia Bonnie Jenkins, U.S. Department of State, Washington, DC Linda Silberman, New York University, New York, New York Charles J. Moxley, Jr., Fordham University School of Law, New York, New York John Vail, Center for Constitutional Litigation, PC, Washington, DC Gary Solis, Georgetown Law School, Washington, DC 11:00 am – 12:30 pm Nuclear Weapons and International 11:00 am – 12:30 pm r p Humanitarian Law D oing Business in the CIS: Hot Issues , a y P eruBLIC Int national Law / Rule of Law Cop r orATE / Transactional How does and how should international Managing partners of the leading national frida humanitarianil 20 law affect nuclear weapons law firms from key jurisdictions across the policy? The Final Document of the 2010 Commonwealth of Independent States Nuclear Non-Proliferation Treaty Review (CIS) economic region will present a Conference, approved by the U.S. along unique local insight and legal advice on with 172 other participating states parties, the hot issues of doing business in the “reaffirms the need for all states at all times region which is increasingly attracting to comply with applicable international international investments. The panel law, including international humanitarian discussion will include the most interesting law.” The 2010 U.S. Nuclear Posture developments in business environment, Review states that it is “in the U.S. interest M&A, and foreign investment issues. The and that of all other nations that the audience will not only learn about some nearly 65-year record of nuclear non-use of the world’s most rapidly developing be extended forever.” Yet nuclear weapons economies, but also get the best local remain a central security instrument of the advice on how to avoid traps and pitfalls United States and 8 other nations, with and safeguard investments in Russia and over 30 associated states under the U.S. the CIS region based on the local expertise ‘nuclear umbrella’. This expert panel will of the panelists and participants. explore the tension between international S ponsoring Committee: humanitarian law and national policy Russia/Eurasia Committee governing nuclear weapons. Program Chair & Moderator: Irina Paliashvili, RULG – Ukranian Legal Group, Kiev, Ukraine

64 2012 Spring Meeting ABA Section of International Law Speakers: Speakers: Dimitry Afanasiev, Egorov Puginsky Glen Banks, Fulbright & Jaworski, Afanasiev & Partners, Moscow, Russia New York, New York Gulnara Kalikova, Kalikova & Associates, Theodore Eisenberg, Cornell University Bishkek, Kyrgyzstan Law School Tatyana Suleeva, AEQUITAS, Birgit Kurtz, Crowell & Moring LLP, Almaty, Kazakhstan New York, New York Alexander Turcan, Turcan Cazac, Michael Polkinghorne, White & Case, Chisinau, Moldova Paris, France

11:00 am – 12:30 pm 12:45 pm – New York Law in the International 2:15 pm Competition for Governing Law Ticketed Event Coplia m nce / Regulatory L uncheon With thanks to our track sponsor with Mellissa Fung

Award-winning journalist New York law is said to be one of the Mellissa Fung has been with CBC most frequently chosen laws to govern Television since 2003. As a national friday, april 20 international business, trade, and financial correspondent, she has covered transactions. This panel will explore what numerous topics on both Canadian it means to choose New York law as a and world affairs, including the governing law, the characteristics of New Robert Pickton trial and the 2008 York’s contract and commercial law that Summer Olympics in Beijing, and make it attractive for international legal the war in Afghanistan. She was advisors and their clients, how New York abducted on the outskirts of Kabul law compares with the laws of England, on her second tour of that country in Germany, France, and China and the 2008. Her first bookUnder an Afghan major international “restatements” of the Sky, chronicles that experience. Fung law of international commercial contracts, divides her time between Toronto and the relationship between New York law Washington, DC. and the CISG, and the impact decisions about preferred methods and venues Mayre Rasmussen Award for for dispute resolution have on decisions the Advancement of Women in choosing New York law as the governing International Law Presentation: law for international transactions. Professor Hope Lewis Sponsoring Committee: The Section presents this award periodically to individuals who have Commercial Transactions Committee achieved professional excellence in P rogram Chairs & Moderators: international law, encouraged women Michael W. Galligan, Phillips Nizer, LLP, to engage in international law careers, New York, New York enabled women lawyers to attain Honorable Judith S. Kaye, Former international law job positions from Chief Judge of the New York State Court of which they were excluded historically, Appeals, Skadden, Arps, Slate, Meagher & or advanced opportunies for women in Flom LLP, New York, New York

64 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 65 regulatory tasks? How do agencies avoid international law. This year the award imposing conflicting remedies? is being presented to Professor Hope Lewis of Northereastern University S ponsoring Committees: School of Law. Working as a human International Antitrust Law Committee, rights scholar at the intersection of U.S. Lawyers Practicing Abroad, gender, race and disability, Professor International Commercial Transactions Lewis has brought the impact and Committee, and Foreign Legal Consultant import of economic, social and cultural Committee rights to the forefront of academic and Program Chair & Moderator: practical debate and, at a personal level, Martin Bechtold, Allen & Overy LLP, has served as a model mentor to her Brussels, Belgium students and other women seeking a Program Chair & Speaker: career in international law. Sandy Walker, Fraser Milner Casgrain LLP, Toronto, Ontario, Canada 2:30 pm – 4:00 pm S peakers: Post Lehman – Will Financial Holly Kulka, NYSE Euronext, New York, Markets Be Regulated through the New York (Invited) Back Door of Competition Policy? Alexander Okuliar, U.S. Department of Copliae m nc / Regulatory; Justice, Washington, DC (Invited) Corporate / Transactional David Schwartz, Wachtell Lipton Rosen and Katz, New York, New York With thanks to our track sponsor Irmfried Schwimann, European Commission, Brussels, Belgium (Invited) r p 2:30 pm – 4:00 pm

, a W hen Wedlock Becomes a y After the second wave of crisis in global Deadlock – Preparing a Pre-

frida financialil 20 systems, there is a perceived nup for Your Joint Venture need for significantly more and tougher Cop r orATE / Transactional; Dispute regulation of financial services. At the Resolution / Litigation same time, recent high-profile probes into financial sector conduct (e.g., credit default With thanks to our track sponsors swaps in the E.U. and U.S., auditing in the UK and credit cards in Canada and the U.S.) highlight the ongoing scrutiny of this sector by antitrust agencies. This is occurring against a backdrop of consolidation of financial infrastructure (such as stock exchanges) which is re- When parties enter into a joint venture, shaping the sector and raising regulatory, they often think only about future business antitrust and sometimes foreign investment goals anticipating a prosperous and fruitful hurdles in a number of countries. relationship with their future partner. Many never contemplate a potential Our panel of experts will consider whether dissolution. When a deadlock arises it can and how efforts of competition regulators paralyze the business and eventually result in key jurisdictions align or conflict in a total loss of both partners’ investment. with the regulatory solutions proposed However, carefully drafted deadlock or implemented by financial authorities provisions can prevent the joint venture’s at the national and international level. failure and preserve its underlying value. Do competition authorities pre-empt We will look at some of the key questions

66 2012 Spring Meeting ABA Section of International Law which should be asked when properly 2:30 pm – 4:00 pm addressing a deadlock: Is it more favorable W hat’s Wrong with U.S. Class for the joint venture partners to rely on Actions? Rethinking the Class Action internal decision making rules or to turn to Device from a Global Perspective. independent experts such as mediators or arbitrators to resolve the deadlock? What is DsputeRsutii e ol on / Litigation; the difference between “Russian Roulette” Compliance / Regulatory and “Texas Shoot Out” provisions? What With thanks to our track sponsors can be done if all efforts to resolve the deadlock fail? The panel will discuss typical deadlock scenarios with a particular focus on the parties’ practical needs. On this basis the panelists will present a wide range of options available when drafting deadlock provisions, demonstrating case studies from their respective practices. S ponsoring Committee: International M&A and Joint Venture Committee Program Chair: For the better part of the last decade, Robert Loef, Noerr LLP, New York, the European Commission has debated New York sanctioning “collective redress” procedures to encourage private enforcement of M oderator: 20il frida Robert Wessely, Withers Bergman LLP, European law. Although Europeans are decidedly fractured over what form of

New York, New York y

“collective redress” should ultimately be , a S peakers: adopted, there appears to be a unanimity p Sabine Klett, Noerr LLP, of opinion against adopting the U.S. r Munich, Germany class action model. In light of this latest Fulvio Marvulli, Bonelli Erede Pappalardo condemnation of the U.S. system, this Studio Legale, Genoa, Italy panel will examine the successes and David Mercado, Cravath, Swaine & Moore failings of U.S. class actions, as well LLP, London, United Kingdom as debate the benefits of alternative Jane Wessel, Crowell & Moring LLP, procedures. Recognizing that collective London, United Kingdom redress procedures, whether styled as opt- in or opt-out class actions or otherwise, necessitate a significant sacrifice of individualized due process, the panelists will each opine whether the various policy objectives of Rule 23 have been met after 50 years of litigation and what other jurisdictions can learn from the U.S. experience. S ponsoring Committees: International Antitrust Law Committee and International Mediation Program Chair & Moderator: Ethan Litwin, Hughes Hubbard & Reed LLP, New York, New York

66 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 67 S peakers: S peakers: Barbara Hart, Lowey Dannenberg Cohen John Imhoff, Ernst & Young, New York, & Hart P.C., New York, New York New York (Invited) Michael D. Hausfeld, Hausfeld LLP, Siân Keall, Travers Smith LLP, London, Washington, DC (Invited) United Kingdom (Invited) Roxann Henry, Dewey & LeBoeuf LLP, Eduardo Ramos-Gómez, Duane Morris Washington, DC & Selvam LLP, Singapore Stephen Mavroghenis, Shearman & Sterling LLP, Brussels, Belgium 2:30 pm – 4:00 pm W hat Can the Legal Profession do to 2:30 pm – 4:00 pm Increase Access to Competent Counsel? E mployees in Dangerous Places: Immigration as a Case Study Legal and Practical Issues Around P eruBLIC Int national Law / Rule of Law; Earthquakes, Revolutions, and Crime Compliance / Regulatory on International Assignments With thanks to our track sponsor EplmeLm oy nt aw / Human Resources; Corporate Counsel Recently, the world has seen a series of uprisings throughout the Middle East and Africa. At the same time, natural disasters in Japan and elsewhere created their own, The increasing prevalence of incompetent no less urgent kinds of crisis. Employees and/or fraudulent representation has led stationed or traveling overseas to carry out to an increase in the victimization of both assignments may often be in positions of the “trusting” and the disadvantaged r clients. Within the immigration realm, p personal risk. Their presence may also, to particularly, this issue has become glaringly , a a degree, put their employers at risk, to the y extent that they are vulnerable to injury, obvious: immigrants are victimized by kidnapping, and other criminal activity. ‘notarios’, incompetent attorneys, and frida This realityil 20 highlights the critical and often other unscrupulous individuals. This overlooked need to prepare and implement panel will discuss the multitude of ethical a thoughtful and comprehensive plan for and practical considerations that must employees on assignment, or traveling to be considered while addressing this volatile locales, to promote the employees’ increasingly confounding phenomenon safety and try to insulate the company and the legal profession’s obligation from legal liability. This program will to contribute services to those in need discuss legal and practical issues presented and to reestablish the concept of fair by these problems as well as practical representation within the legal system. considerations to be taken care of when S ponsoring Committees: sending employees abroad. Immigration & Naturalization Committee S ponsoring Committees: and International Pro Bono Committee International Employment Law Committee C- o Sponsor: and Young Lawyers Interest Network (YIN) American Bar Association Commission Program Chairs & Moderators: on Immigration Philip M. Berkowitz, Littler Mendelson, Program Chair: New York, New York Lisa Ryan, Fragomen, Del Rey, Bernsen & Jan Rudolph, Noerr LLP, Loewy, LLP, Matawan, New Jersey Munich, Germany M oderator: Michael D. Patrick, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

68 2012 Spring Meeting ABA Section of International Law S peakers: S ponsoring Committee: Jennifer Colyer, Fried Frank, New York, Middle East Committee New York Program Chair: Judge Robert A. Katzmann, Second Yasmine Lahlou, Chaffetz Lindsey LLP, Circuit Court of Appeals, New York, New York, New York New York S peakers: Daysi Mejia, District Attorney’s Office, New Mary Fitzgerald, Irish Times, Dublin, York County, New York, New York (Invited) Ireland (Invited) Janet Sabel, New York State Attorney Ozan Ergül, TOBB University of General for Social Justice, New York, Economics and Technology School of Law, New York Ankara, Turkey 2:30 pm – 4:00 pm Cherif Bassiouni, DePaul University T he Arab Spring and Constitutional College of Law, Chicago, Illinois (Invited) Reforms: From Aspiration to Reality The Arab Spring succeeded in removing 4:00 pm – 4:30 pm the most visible symbols of regimes that Networking Break ruled in the Middle East for decades. Today, the citizens of Tunisia, Egypt, and Libya are taking steps to transform 4:00 pm – 4:30 pm their political aspirations to reality. “ How To” Series: Section Publishing Only the just implementation of the – How to Get Your Name in Print

rule of law will facilitate a successful Do you consider yourself an expert 20il frida and lasting transition. This program within your practice area of international

will examine the key substantive and law? If so, world-wide recognition is at y , a procedural questions confronting these your doorstep, by becoming a published p countries in laying down and agreeing to author in one of the ABA Section of r their new founding political document. International Law’s several publications. Constitutions and laws are clearly Whether you aspire to write a book, a necessary to organize government and scholarly law review, a succinct news articulate fundamental rights, but they article or an informative committee are not enough. For decades, for example, newsletter, publishing with one of the Egypt’s constitution imposed limits on Section’s publications is an effective way government powers, provided for judicial to demonstrate your expertise. At this independence, and guaranteed individual informational session, the Publications freedoms, but the constitution was not Officer Bill Mock and the editors ofThe uniformly enforced. If the rule of law is International Lawyer and The International to prevail, the constitutions and laws of Law News will tell you how to get started countries in transition must be not only on your way as a published author for the well drafted, but also respected. This ABA Section of International Law. program will examine the key legal issues confronting these countries, from drafting constitutions to building and reinforcing institutions that are essential to ensure that the rule of law prevails. The panelists will identify the key issues in the ongoing political transition and the rule of law in the Middle East, with particular focus on Tunisia, Egypt, and Libya, drawing lessons from experience in Iraq, Lebanon, Turkey, Iran and Malaysia.

68 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 69 4:30 pm – 6:00 pm 4:30 pm – 6:00 pm W ither Wall Street? – The Impact C hoice of Law That Matters: Making a of Technology and Globalization on Smart Choice Regarding Application or International Financial Markets Exclusion of the CISG for International Copliae m nc / Regulatory; Sale of Goods Transactions Corporate / Transactional Cop r orATE / Transactional; With thanks to our track sponsor Export Controls / Trade / Customs An international treaty applicable by default on international trade contracts, signed by 76 nations and by now 30 years old. The UN Convention on the International Sale of Goods (CISG). Globalization and rapid technological And yet it seems largely unknown by changes are having considerable impact many practising lawyers. Or just avoided: on traditional financial exchanges. The those practitioners that are aware of its proliferation of alternative trading systems existence, not least in the U.S., advise such as electronic communications their clients to actively opt out of it. Is this networks and dark pools coupled with the really justified and if so, what are the real explosive growth of Asian stock exchanges or perceived critical shortcomings of the such as Hong Kong and Singapore CISG? Are there no benefits which may pose serious competitive challenges to counterbalance this or is the CISG, as traditional stock exchanges such as NYSE one scholar put it, “in danger of losing its Euronext and the London Stock Exchange. feeble grasp in the realm of international How the traditional exchanges react to commerce”? Join us to find the answer!

r these changes and maintain their market p S ponsoring Committees: share in new listings and trading activities

, a International Commercial Transactions, y may help determine the continuing effectiveness of exchanges in establishing Franchising & Distribution Committee, Europe Committee, International Corporate

frida corporateil 20 governance standards and performing their role as “gatekeepers” for Counsel Committee, International Legal investor protection. Education and Specialist Certification Committee, International Trade Committee, S ponsoring Committees: UN and International Institutions International Securities & Capital Markets Coordinating Committee, and Young Committee and International M&A and Lawyers Interest Network (YIN) Joint Venture Committee Program Chairs & Moderators: Program Chair & Moderator: Anders Forkman, Advokatfirman Vinge, Piyasena Perera, Anderson Mori & Malmoe, Sweden Tomotsune, Tokyo, Japan Bill Johnson, University of North Dakota S peakers: School of Law, Grand Forks, North Dakota Abigail Arms, Shearman & Sterling, S peakers: Washington, DC Sarah Howard Jenkins, Bowen School of Peter Curley, U.S. Securities and Exchange Law, University of Arkansas, Little Rock, Commission, Washington, DC Arkansas Dorothee Fischer-Appelt, Sidley Austin, Christopher King, Hunter Douglas London, United Kingdom Management AG, Luzern, Switzerland & Walter Stuber, Walter Stuber Consultoria Rotterdam, The Netherlands Juridica, São Paulo, Brazil Andrew J. (Josh) Markus, Carlton Fields Annemarie Tierney, SecondMarket, Attorneys at Law, Miami, Florida New York, New York

70 2012 Spring Meeting ABA Section of International Law 4:30 pm – 6:00 pm Matthew Nicklin, 5RB Media Chambers, I njunctions/Tweets/Facebook – London, United Kingdom Can They be Gagged Worldwide? Frank Valentin, De Gaulle Fleurance, Paris, France DsputeRsutii e ol on / Litigation; Young Lawyers 4:30 pm – 6:00 pm With thanks to our track sponsors H eightened Competition in the Arbitral Venue Sweepstakes: A U.S. Response to the Challenge? DsputeRsutii e ol on / Litigation With thanks to our track sponsors

From the drug habits of supermodels to the sex lives of footballers, the use by celebrities of injunctions to suppress the intimate details of their private lives from the media is currently under considerable scrutiny. This global cross-sectional panel According to a survey of international will consider the use/abuse of digital arbitration practitioners and in-house communications and social media in such counsel recently conducted by Queen a legal context in battle against principles Mary University of London, respondents of privacy and freedom of speech. This are “increasingly looking beyond the

program will deal with the ability to obtain ‘traditional’ seats of arbitration.” To 20il frida freezing injunctions, gagging orders and cite just a few examples, Singapore

super-injunctions, their effect on rights and Dubai have become major arbitral y to private life and confidentiality and centers in a short period of time, the , a p

freedom of speech/public interest. How case load of arbitral institutions in r far can these legal tentacles stretch across China continues to explode, the London borders? Do social networking sites flout Court of International Arbitration has these orders with impunity? The panel opened an office in India, Mauritius will discuss enforcement and the extent of is making a bid to become a center for reach of their respective jurisdictions and Africa-related arbitrations, and Brazil address the global use of Twitter/Facebook and Argentina are seeking to keep more to uphold rights of freedom of speech. Be Latin America-related arbitrations on there to Tweet into the new age! that continent. Established centers in S ponsoring Committees: Europe are responding to the challenge International Litigation Committee, as competition increases from other fora International Investment & Development by actively promoting the time-proven Committee, and Russia/Eurasia virtues of their respective venues, in some cases with government support or by Program Chair: modernizing their national arbitration Kate Matthews, Stevens & Bolton LLP, laws. What must the U.S. do in order London, United Kingdom to maintain its own edge in the arbitral M oderator: venue sweepstakes? A distinguished panel Steven Richman, Duane Morris, of practitioners and arbitrators from the New York, New York leading seats of arbitration in the United S peakers: States will consider this issue from several Kurt Blickenstorfer, Bratschi Widerkehr & vantage points, including legislation, Buob, Zurich, Switzerland foreign lawyer practice rules, choice of law, approach to practice (including discovery), Richard Dearden, Gowlings, Ottawa, Canada

70 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 71 visa entry issues, the role of the courts, and S ponsoring Committees: other factors. U.S. Lawyers Practicing Abroad Committee, S ponsoring Committees: China Committee, International Legal International Arbitration Committee, Education & Specialist Certification International Legal Education and Specialist Committee, International Corporate Certification Committee, International Counsel Committee, NGO & Not-for-Profit Corporate Counsel Committee, NGO & Organizations, and Transnational Legal Not-for-Profit Organizations Committee, Practice Committee and Transnational Legal Practice Program Chair: Program Chair & Moderator: Anand S. Dayal, Koura & Company, Glenn P. Hendrix, Arnall Golden Gregory Advocates and Barrister, New Delhi, India LLP, Atlanta, Georgia Program Chair & Moderator: Program Chair & Speaker: Laurence P. Wiener, Wiener Soto Edna Sussman, SussmanADR LLC, New Caparrós, Buenos Aires, Argentina York, New York S peakers: S peakers: Lalit Bhasin, Bhasin & Co., Jack Coe, Pepperdine University School of New Delhi, India Law, Malibu, California Moira Virginia Huggard-Caine, Tozzini Mark Kantor, Arbitrator, Washington, DC Freire Advogados, São Paulo, Brazil Kevin O’Gorman, Fulbright & Jaworski Sanjiv Kapur, Jones Day, São Paulo, Brazil LLP, Houston, Texas Jayanth K. Krishnan, Indiana University Edward M. Mullins, Astigarraga Davis Maurer School of Law, Bloomington, LLP, Miami, Florida Indiana Priti Suri, PSA Legal Counsellors, r p 4:30 pm – 6:00 pm New Delhi, India

, a M arket Access for Foreign Lawyers: y Distilling Positions In Search of the Truth 4:30 pm – 6:00 pm F raudulent Insolvencies in frida YoLwyersung a il 20 ; Public International Law / the Financial Crisis Rule of Law cp raor orATE / t nsactional This program will take a hard look at the issue of allowing lawyers from one country This session will integrate presentations to work in another country without and discussion following the hypothetical necessarily qualifying to practice in that plight of a corporation heading towards “host” country. Formatted as a moderated insolvency. Lawyers from around the panel of experts, this presentation will world will analyze the particular legal focus on two countries at the front line of risks and issues which are raised drawing the debate, India and Brazil. Should non- on examples from other high profile qualified lawyers from another jurisdiction international collapses. Company be entitled to partner with local qualified collapses due to “aggressive risk-taking” lawyers? Would doing so drive up the are increasingly linked to issues of fraud cost of legal fees and/or narrow access and other misdemeanour as well as other to justice? Are market access restrictions professional misconduct. This misconduct merely protectionist or do they protect the not only occurs within the company but integrity of local practitioners? Listen to often amongst its independent advisors, a panel of experts from both sides of the accountants, auditors, lawyers, and fence engage in a healthy, principled debate consultants. Issues involving shareholders, on a topic that is significant to the ABA the regulators, the financial markets and and to the U.S. Government trade agenda. other stakeholders will also be considered.

72 2012 Spring Meeting ABA Section of International Law Co- Sponsor: Saturday, April 21 Association Internationale des Jeunes Avocats (AIJA) 7:30 am – 9:30 am Council Continental Breakfast

9:00 am – 1:00 pm Council Meeting P rogram Chairs & Moderators: ABA International’s Council, the Section’s Mark Beardsworth, Kingsley Napley LLP, policy making body, will debate major London, United Kingdom policy initiatives and will be addressed by Alex Fox, Manches LLP, London, many visiting dignitaries and bar leaders United Kingdom from outside the U.S. If you are interested S peakers: in becoming more involved in Section Richard Fox, Kingsley Napley, London, leadership, attending the Council Meeting United Kingdom is an excellent way to get to know the Nikiforos Iatrou, WeirFoulds LLP, current Section leadership and introduce Toronto, Ontario, Canada yourself. The Council Meeting is open to Saverio Lembo, Bär & Karrer AG, all Spring Meeting registrants; everyone is Geneva, Switzerland encouraged to attend. Cameron Scott, Former Executive Counsel Accountancy and Actuarial Disciplinary Board, London, United Kingdom

6:30 pm – 8:30 pm Chair’s Closing Reception at the Grand Hyatt New York 109 East 42nd Street at Grand Central Terminal, New York, NY With thanks to our sponsor saturday, april 21

One ticket per person is included as part of your Spring Meeting registration fee; this reception is free to meeting attendees who have registered for the entire conference.

9:00 pm – 12:00 am A fter-Hours Reception Location to be determined

72 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information. 73

2012 SPRING Meeting General Information

REGISTRATIONS/EARLY BIRD DISCOUNTS Registrations must be postmarked no later than February 27, 2012, to receive the early bird discount. Registrations must be received by the Section office byMarch 30, 2012, for registrants to be included in the List of Attendees on the meeting website.

REFUDPOLICN Y

■■ Cancellations must be made in writing and received by the Section office by March 30, 2012, for a full refund of fees, less a $100.00 administrative fee. No refund of registration or fee for a ticketed event will be granted after that date except in the case of medical emergency or extenuating circumstances approved by the Section in its sole discretion. ■■ When a completed registration form and payment have been submitted to the Section office either by mail, fax or email, the registration is considered to be a firm commitment and you will be expected to pay the registration and any ticketed event fees, unless a written cancellation is received as set forth above. ■■ Individuals may re-sell their purchased event tickets to other meeting attendees unless the ticket is indicated to be “non-transferable.” ■■ Any refunds issued will be processed to the credit card on file for individuals who made fee payment via credit card.

EVE NT TICKETS Tickets for evening events and luncheons may be purchased in advance on the registration form or on-site up until the day before the event is scheduled to take place. We regret that because we must guarantee our final numbers with the hotel and venues the day before, we can not sell same-day tickets. However, there will be a board in the Registration Area and Exhibition Hall where meeting attendees may exchange and gift tickets.

HOTEL ACCOMMODATIONS The host hotel for the 2012 Spring Meeting is theGrand Hyatt New York Park Avenue at Grand Central located at 109 East 42nd Street, New York, NY 10017. The Grand Hyatt New York has reserved a limited block of rooms at the special nightly rate of $279 plus applicable daily tax per room for single and double occupancy. This special rate is available untilMarch 27, 2012; however, you n are encouraged to make your reservations early as availability in the group room block is not guaranteed if the inventory is consumed prior to this date. Reservations may be made online at https://resweb.passkey.com/go/SIL. For f n er n 2012 Spring Meeting ABA Section of International Law e 76 g al i ormatio additional details please visit the 2012 Spring Meeting web site at http://ambar.org/ ILspring2012.

TR AVEL INFORMATION Discounted airfares are available from ABA Orbitz for Business including ABA negotiated discounts on major U.S. based and international carriers. To book online, go to http://www.americanbar.org/membership/benefits_of_membership/ travel_services.html and click under the Orbitz for Business logo in the Book Travel Now section. Click on the link in the Travel Paid By Self box. For assistance with online or offline reservations, call toll free 1-877-222-4185.

D RESS CODE For the 2012 Spring Meeting, business attire is appropriate for programs and meetings as well as the planned social networking events.

MADTORN A Y CONTINUING LEGAL EDUCATION CREDIT ( MCLE ) Accreditation has been requested for the 2012 Spring Meeting programs by the ABA MCLE Division from most states with general mandatory continuing legal education requirements for all lawyers admitted in that state. All appropriate paperwork will be available at the CLE Counter next to the Registration counter. ABA programs ordinarily receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WI, WV, and WY. These states sometimes do not approve a program for credit before the program occurs. For more information about CLE accreditation in your state, visit http://www.americanbar.org/groups/cle.html.

EXHIBITo i n ARE A The Exhibitors and Sponsors exhibition area will be open from Tuesday, April 17 through Friday, April 20 at The Grand Hyatt New York. Representatives from a variety of service providers catering to the legal community will showcase their latest products and services to aid you in your practice. All meeting attendees are encouraged to visit the displays of the Section’s partners throughout the meeting and in particular during the twice daily networking breaks. If you are interested in partnering with the Section to be an exhibitor or sponsor, please contact Audrey Lamb at [email protected] or at + 1-202-662-1663 for additional details and information. ormatio i al g e n 15% MEETING DISCOUNT ON SECTION PUBLICATIONS er

Stop by the Section Membership and Publications Booth to preview the most popular n Section titles and receive a 15% discount on all publication orders. f

76 2012 Spring Meeting ABA Section of International Law Please visit ambar.org/ILspring2012 for the most up-to-date information.

77 n

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