2010 fall meeting · 2010. 8. 19. · 3 $ 5 , 6 6 2010 fall meeting aba section of international...

2010N o v e m b e r 2 - 6

FALL MEETINGT h e W e s T i N P a r i s

m a r K Y o U r C a L e N D a r s

‹‹ August‹4-6,‹20102010‹section‹Leadership‹RetreatClaremont Hotel Club & Spa, Berkeley, California

‹‹ August‹6-9,‹20102010‹ABA‹Annual‹MeetingJW Marriott Union Square, San Francisco, California

‹‹ septeMBeR‹14,‹2010Cross-Border‹Dispute‹Resolution:‹‹the‹perspective‹for‹Russia‹and‹the‹CIsLotte Hotel, Moscow, Russia

‹‹ OCtOBeR‹14,‹201011th‹Annual‹“Live‹from‹the‹seC”Multiple Locations to include Washington, DC

‹‹ NOveMBeR‹2-6,‹20102010‹section‹Fall‹MeetingThe Westin Paris, Paris, France

‹‹ FeBRuARy‹9-15,‹20112011‹ABA‹Midyear‹MeetingThe Ritz-Carlton Atlanta, Atlanta, Georgia

‹‹ MARCh‹4-17,‹2011ILeX‹Delegation‹trip‹to‹‹Jordan‹and‹Lebanon

‹‹ ApRIL‹4,‹2011general‹Counsel‹DinnerWashington, DC

‹‹ ApRIL‹5-9,‹20112011‹section‹spring‹MeetingHyatt Regency Washington on Capitol Hill, Washington, DC

‹‹ ApRIL‹11,‹2011ABA‹Day‹at‹the‹uNNew York, New York

‹‹ ApRIL‹12-14,‹2011ABA‹Day‹in‹WashingtonWashington, DC

‹‹ August‹4-9,‹20112011‹ABA‹Annual‹MeetingMetropolitan Hotel, Toronto, Ontario, Canada

m o N T h LY T e L e C o N f e r e N C e s

ABA International hosts CLE teleconferences every month. We need

your suggestions and ideas for future teleconferences.

Please contact Abhi‹shah, Committees Coordinator, at

[email protected] with your recommendations.

Please visit www.abanet.org/intlaw/fall10 for the most up-to-date information. 3

Ta b L e o f C o N T e N T s

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

Letter from the Chairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2010 Fall Meeting Planning Committee . . . . . . . . . . . . . . . . . . . . . 4

2010 Fall Meeting Sponsors and Exhibitors . . . . . . . . . . . . . . . . . . .11

2010 Fall Meeting Cooperating Entities . . . . . . . . . . . . . . . . . . . . .12

Meeting Agenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Tuesday, November 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Wednesday, November 3 . . . . . . . . . . . . . . . . . . . . . . . . . . .18

Thursday, November 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

Friday, November 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

Saturday, November 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . .61

General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62

Registration Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65

Schedule-At-A-Glance . . . . . . . . . . . . . . . . . . . . . Inside Back Cover

PARIS4 2010 Fall Meeting ABA Section of International Law

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Dear Fellow Section Members:

Bonjour et Bienvenue!

On behalf of the ABA Section of International Law, we are delighted to invite you to register for the 2010 Fall Meeting to be held at The Westin Paris from November 2-6, 2010. This will be the first time the Section has hosted its Fall Meeting in Paris and we expect to have over 1,000 attorneys from more than 60 countries in attendance. The Paris meeting will be one-of-a-kind guaranteed to impart the infamous Parisian charm and intellect to our attendees.

The 2010 Fall Meeting promises to be an extraordinary event, with over 60 programs which will start on Tuesday afternoon featuring a Judges Roundtable, our signature Pathways to Employment in International Law program and the increasingly ever-popular “speed networking” event which leads to the opening reception at The Westin. You’re guaranteed to walk away with new friends and a fist full of business cards before the conference really gets underway.

The programming shifts into high gear on Wednesday, November 3rd, with an opening address by the U.S. Ambassador to France with five concurrent sessions per time slot and twelve programs offered each day during the course of meeting. As always, these programs will be featured in program tracks dedicated to corporate/transactional, corporate counsel/law practice, dispute resolution/litigation, international finance, international trade/regulatory, public international law/rule of law and young lawyers. In addition, there will be a Spotlight on Europe track, showcasing Europe-centric issues; as well as antitrust law and employment law “mini-tracks”– a clustering of programs over the course of a portion of the days of the conference.

We have identified several programs as Showcase Programs, to be held in the Baroque Napoleon Room, which are as follows:

■ Anatomy of International Arbitration ■ Europe North American Invasion - EU’s Bilateral Trade Agreements with Mexico and Canada vs. NAFTA

■ A Postmortem of a Meltdown: Lessons, Failures...and the Future ■ Stranger In A Strange Land: Cross-Cultural Issues in The Courts ■ Global Privacy, Data Protection and Security Across Borders ■ Apples and Oranges: The Hazards of a Hasty Choice of Law in M&A Contracts

■ International Forum-Shopping, Regulatory Competition, and Business as Legal Combat

■ National Security, Immigration and the Rule of Law ■ EU Privacy Regulations: Conducting Due Diligence, Internal Inquiries and Discovery from the U.S.


LetteR‹FROM‹‹

the‹ChAIRs ■ How to Protect the Deal - What Corporate Lawyers Need to Know About Arbitration and How They Can Avoid Pitfalls When Preparing Arbitration Clauses

■ A Mock Arbitration Involving International Investment Claims Arising from the U.S. Financial Crisis: Will the U.S. be Liable for the Financial Crisis?

■ Briber Beware: International Enforcement of the Foreign Corrupt Practices Act and Related Anti-Corruption Efforts

If getting a year’s worth of cutting edge CLE credit is not enough, as an attendee you will enjoy unparalleled opportunities to network with lawyers from around the world at such spectacular venues as the Hôtel de Ville, the Tribunal de Commerce de Paris, and the impressive Musee d’Orsay where we will have our Closing Party. All of these spectacular events are included in this meeting’s all-inclusive registration fee. In addition, we have the Minister of Economic Affairs, Industry and Employment of France, Madame Christine Lagarde, as a keynote speaker at our luncheon on Wednesday, November 3rd as well as other equally well-known and respected keynote speakers for our lunches on Thursday and Friday.

There will also be numerous opportunities to become more engaged in the activities of the Section. Most of the Section’s 60 committees will be holding business meetings and committee dinners throughout the week. These sessions represent the ultimate networking opportunity – face time with your peers from around the world who share your area of interest. Sitting across the table from your colleagues in a committee business meeting discussing upcoming plans for programs, publications, policy initiatives, and projects can be a great way to break the ice. More importantly, committee involvement represents an opportunity to effect change in the legal sphere. Most of the “big ABA’s” initiatives bubble up from the committee-level. Getting involved in one or more committees gives you a chance to become part of the action.

Commencer à planifier votre voyage dès maintenant…

Please note these important dates:

■ Early Bird Registration Deadline is September 20, 2010. ■ Pre-Registration Final Deadline is October 15, 2010. ■ The Westin Paris hotel room block Deadline is October 18, 2010. We’ve arranged a special nightly room rate of v270 (includes taxes, breakfast and free Wi-Fi). The number of rooms available at this special rate is limited, so early booking is recommended.

Nous attendons avec impatience de vous voir à Paris au mois de novembre!

ALeX‹BLuMROseN BOB‹BRODegAARD RON‹CAssJeAN-CLAuDe‹‹RIvALLAND

BeRNARD‹vAtIeRsALLI‹A.‹sWARtz

Section Chair-Elect

2010 Fall Meeting Co-Chairs

PARIS6 2010 Fall Meeting ABA Section of International Law6 2010 Fall Meeting ABA Section of International Law

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2 0 1 0 fa L L m e e T i N g P L a N N i N g C o m m i T T e e

seCtION‹ChAIR‹2010-11Salli A. Swartz • Phillips Giraud Naud & Swartz • Paris, France

MeetINg‹CO-ChAIRsAlexander B. Blumrosen • Bernard-Hertz-Béjot • Paris, France

Robert F. Brodegaard • Brodegaard & Simone LLC • New York, New York, USARonald A. Cass • Cass & Associates, PC • Great Falls, Virginia, USA

Jean-Claude Rivalland • Allen & Overy LLP • Paris, FranceBernard Vatier • Vatier & Associés • Paris, France

hONORARy‹hOst‹COMMItteeFrancois-Henri Briard • Delaporte, Briard & Trichet • Paris, France

Carolyn B. Lamm • White & Case LLP • Washington, DC, USAPierre Raoul-Duval • Gide Loyrette Nouel • Paris, France

Stephen N. Zack • Boies, Schiller & Flexner LLP • Miami, Florida, USA

steeRINg‹COMMItteeWilliam R. Black • BAE Systems • Santa Clara, California, USA

Isabella D. Bunn • University of Oxford Regent’s Park College • Oxford, United KingdomMichael Burke • Williams Mullen • Washington, DC, USA

Ingrid Busson • Crédit Agricole Corporate & Investment Bank • New York, New York, USAYee Wah Chin • Ingram Yuzek Gainen Carroll & Bertolotti LLP • New York, New York, USA

Harvey Jay Cohen • Dinsmore & Shohl LLP • Cincinnati, Ohio, USASusan J. Cohen • Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C. •

Boston, Massachusetts, USAJessica L. Darraby • The Art Law Firm • Los Angeles, California, USADon S. DeAmicis • Ropes & Gray LLP • Boston, Massachusetts, USA

Meyer Eisenberg • Columbia Law School and Willamette University College of Law • Washington, DC

Deborah Enix-Ross • Debevoise & Plimpton, LLP • New York, New York, USAAdam Farlow • Allen & Overy LLP • London, United Kingdom

Barton Legum • Salans LLP • Paris, FranceChristian Lundgren • Kromann Reumert • Copenhagen, Denmark

Robert Piret • ESCP Europe • Paris, FranceR. Duane Propst • American Bar Association Section of International Law •

Washington, DC, USAPar Remnelid • Advokatfirman Vinge KB • Malmo, Sweden

Steven M. Richman • Duane Morris LLP • Princeton, New Jersey, USASara P. Sandford • Garvey Schubert Barer • Seattle, Washington, USA

Lisa J. Savitt • Crowell & Moring LLP • Washington, DC, USAFiona A. Schaeffer • Weil, Gotshal & Manges LLP • New York, New York, USA

Allin C. Seward • Paul, Hastings, Janofsky & Walker LLP • Paris, France


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Jessica L. Smith • American Bar Association Section of International Law • Washington, DC, USA

Louise Ellen Teitz • Roger Williams University School of Law • Bristol, Rhode Island, USAClaire Webb • Weil, Gotshal & Manges LLP • New York, New York, USA

spONsORshIp‹COMMIttee(and‹a lso‹members‹of ‹ the‹planning‹Committee)

Michael H. Byowitz • Wachtell, Lipton, Rosen & Katz • New York, New YorkMarissa Nicole Golden-Pont • Université Panthéon-Assas • Paris, France

Barton Legum • Salans LLP • Paris, FranceCarol Mawn • Paris, France

Eliot Norman • Williams Mullen • Richmond, Virginia, USAJohn Piret • Newbury Piret & Company, Inc. • Boston, Massachusetts, USA

Robert Piret • ESCP Europe • Paris, FranceFiona A. Schaeffer • Weil, Gotshal & Manges LLP • New York, New York, USA

Allin C. Seward • Paul, Hastings, Janofsky & Walker LLP • Paris, FrancePriti Suri • PSA, Legal Counsellors • New Delhi, India

Annet van Hooft • Jones Day • Paris, FranceAlexander S. Vesselinovitch • Katten Muchin Rosenman LLP • Chicago, Illinois, USA

Claire Webb • Weil, Gotshal & Manges LLP • New York, New York, USA

tRACk‹COORDINAtORs(and‹a lso‹members‹of ‹ the‹planning‹Committee)

William R. Black • BAE Systems • Santa Clara, California, USARobert F. Brodegaard • Brodegaard & Simone LLC • New York, New York, USA

Hans-Michael Giesen • Görg • Berlin, GermanyWilliam P. Johnson • University of North Dakota School of Law •

Grand Forks, North Dakota, USALelia Mooney • American Bar Association Section of International Law

Rule of Law Officer • Washington, DC, USASebastien Savage • Davies Ward Phillips & Vineberg LLP • Montreal, Quebec, Canada

Fiona A. Schaeffer • Weil, Gotshal & Manges LLP • New York, New York, USAClaire Webb • Weil, Gotshal & Manges LLP • New York, New York, USA

pROgRAM‹RevIeW‹gROup(and‹a lso‹members‹of ‹ the‹planning‹Committee)

Judge Robert Alsdorf • Alsdorf Dispute Resolution • Seattle, Washington, USALouraine C. Arkfeld • Tempe Municipal Court • Tempe, Arizona, USA

Adejoke Babington-Ashaye • International Criminal Court • The Hague, The NetherlandsDavid Beddow • O’Melveny & Myers LLP • Washington, DC, USA

Gretchen C. Bellamy • Smith Anderson • Raleigh, North Carolina, USA


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William R. Black • BAE Systems • Santa Clara, California, USALorraine M. Brennan • CPR Institute / International Institute for Conflict Prevention &

Resolution • New York, New York, USASusan J. Brushaber • Law Office of Susan J. Brushaber, P.C. • Denver, Colorado, USA

Ingrid Busson • Crédit Agricole Corporate & Investment Bank • New York, New York, USABayo Callender • Michigan Supreme Court • Lansing, Michigan, USA

Guillermo S. Christensen • Paris, FranceHarvey Jay Cohen • Dinsmore & Shohl LLP • Cincinnati, Ohio, USASusan J. Cohen • Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C. •

Boston, Massachusetts, USAPatrick Del Duca • Zuber & Taillieu LLP • Los Angeles, California, USA

Philippe Despres • Gide Loyrette Nouel • Paris, FranceTheodore Edelman • Sullivan & Cromwell LLP • New York, New York, USA

Deborah Enix-Ross • Debevoise & Plimpton, LLP • New York, New York, USAInbal Faibish • Rosenberg, Keren-Polak & Co., Advocates • Zurich, Switzerland

C. Elisia Frazier • Pooler, Georgia, USASusanna K. Fuchsbrunner • Sibeth • Frankfurt, Germany

Hans-Michael Giesen • Görg • Berlin, GermanyLeslie A. “Les” Glick • Porter Wright Morris & Arthur LLP • Washington, DC, USA

Carlos Gonzalez • Diaz, Reus & Targ, LLP • Miami, Florida, USANorman L. Greene • Schoeman Updike & Kaufman LLP • New York, New York, USA

Piper Hendricks • World Organization for Human Rights USA • Washington, DC, USAPeter M. Hosinski • Becker, Glynn, Melamed & Muffy LLP • New York, New York, USA

William P. Johnson • University of North Dakota School of Law • Grand Forks, North Dakota, USA

Regina B. Jones • Schlumberger • Paris, FranceChristopher B. Kende • Cozen O’Connor • New York, New York, USA

Alan M. Koral • Vedder Price P.C. • New York, New York, USABarton Legum • Salans LLP • Paris, France

Christian Lundgren • Kromann Reumert • Copenhagen, DenmarkBarbara G. Madonik • Unicom Communication Consultants Inc. • Toronto, Ontario, Canada

Michael L. Martinez • Crowell & Moring LLP • Washington, DC, USANancy Matos • Baker & McKenzie LLP • Amsterdam, The NetherlandsPeter H. Matson • Law Offices of Peter H. Matson • Madliena, Malta

Carol Mawn • Paris, FranceLelia Mooney • American Bar Association Section of International Law Rule of Law Officer •

Washington, DC, USAVictor S. Mroczka • Hughes Hubbard & Reed LLP • Washington, DC, USA

Carrie Newton-Lyons • The University of Akron School of Law • Alexandria, VirginiaKevin O’Gorman • Fulbright & Jaworski LLP • Houston, Texas, USA

Lara O’Neill • HOPE Public Interest Resource Center • University of Miami School of Law • Coral Gables, Florida, USA


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Michael Ostrove • Debevoise & Plimpton, LLP • Paris, FranceFabian Pal • Fowler White Burnett, P.A. • Miami, Florida, USA

Joseph L. Raia • Gunster, Yoakley & Stewart, P.A. • Miami, Florida, USAAnders Etgen Reitz • Magnusson Advokatfirma • Copenhagen, Denmark

Par Remnelid • Advokatfirman Vinge KB • Malmo, SwedenSteven M. Richman • Duane Morris LLP • Princeton, New Jersey, USA

Raquel A. Rodriguez • McDermott Will & Emery LLP • Miami, Florida, USASebastien Savage • Davies Ward Phillips & Vineberg LLP • Montreal, Quebec, Canada

Fiona A. Schaeffer • Weil, Gotshal & Manges LLP • New York, New York, USAEkaterina Schoenefeld • Schoenefeld Law Firm LLC • Princeton, New Jersey, USADavid A. Schwartz • Wachtell, Lipton, Rosen & Katz • New York, New York, USATerry A. Selzer • Stampe, Haume & Hasselriis Advokater • Copenhagen, Denmark

Stuart Shroff • Aberdeen Realty Holdings Ltd. • New York, New York, USANancy Kaymar Stafford • Atlanta, Georgia, USA

David P. Stewart • Georgetown University Law Center • Washington, DC, USAMarcela B. “Marcy” Stras • Cozen O’Connor • Washington, DC, USA

Annet van Hooft • Jones Day • Paris, FranceLindsey Wagner • Stetson University College of Law • Gulfport, Florida, USA

Sandy Walker • Renzenberger, Inc. • Lenexa, Kansas, USALaura Young • The Advocates for Human Rights • Minneapolis, Minnesota, USA

pLANNINg‹COMMItteeThierry Aballea • LMBE Avocats • Paris, France

Olivier Andre • Boston, Massachusetts, USAJoseph Aragonés • K&L Gates LLP • Paris, France

Duarte de Athayde • Abreu Advogados • Lisbon, PortugalMargaret M. Ayres • Davis Polk & Wardwell • Washington, DC, USA

Chris Baker • Skadden, Arps, Slate, Meagher & Flom LLP • Paris, FranceJean Claude Beaujour • Hobson • Paris, France

Philip M. Berkowitz • Nixon Peabody LLP • New York, New York, USARegis Bernard • Kahn & Associés • Paris, France

Paul Bishop • Winston & Strawn LLP • Paris, FranceMarcelo Bombau • M. & M. Bomchil Abogados • Buenos Aires, Argentina

Stéphane Bonifassi • Lebray & Associés • Paris, FranceBradford Alexander Boyd • Cass Business School • Miami, Florida, USA

Jacques Buhart • Herbert Smith LLP • Paris, FranceMichael H. Byowitz • Wachtell, Lipton, Rosen & Katz • New York, New York, USA

Jean Castelain • Granrut Associés • Paris, FrancePeter Castellon • Baker & McKenzie LLP • London, United Kingdom

Xavier Chabeuf • Paris, FranceStella Chabrol-Huber • Curtis, Mallet-Prevost, Colt & Mosle LLP • Paris, France

Ayman Chahine • BNP Paribas • Paris, France


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M. David Coffman • Coffman Legal, PLLC • Seattle, Washington, USAAntoine Colonna d’Istria • Freshfields Bruckhaus Deringer LLP • Paris, France

Coralie Colson • Total • Paris, FranceArnaud de la Cotardière • Linklaters • Paris, France

Jean-François Court • Arjil • Paris, FranceMarina Cousté • Howrey LLP • Paris, France

Jean-Luc Cuadrado • DLA Piper • Paris, FranceStephen Denyer • Allen & Overy LLP • Frankfurt, GermanyOlivier Diaz • Darrois Villey Maillot Brochier • Paris, France

John C. Dickey • Greenberg Traurig, LLP • Dallas, Texas, USARussell W. Dombrow • Syracuse, New York, USA

Frédérique Dupuis-Touboul • Bird & Bird • Paris, FrancePatrick Dziewolski • Bredin Prat • Paris, France

Fred Einbinder • Alstom • Paris, FranceCharles E. Engeman • Ogletree, Deakins, Nash, Smoak & Stewart, P.C. •

St. Thomas, U.S. Virgin IslandsGilles Entraygues • Cleary Gottlieb Steen & Hamilton LLP • Paris, France

Nuria Bové Espinalt • Cuatrecasas Gonçalves Pereira • Paris, FranceNathalie Meyer Fabre • Meyer Fabre • Paris, FranceRégis Fabre • Baker & McKenzie LLP • Paris, France

Thomas Forschbach • Latham & Watkins LLP • Paris, FranceAlain de Foucaud • Taylor Wessing • Paris, France

Isabel Franco • Demarest & Almeida Advogados • São Paulo, BrazilHervé Gabadou • Courtois Lebel • Paris, France

Emmanuel Gaillard • Shearman & Sterling LLP • Paris, FranceDominique de la Garanderie • La Garanderie & Associés • Paris, France

Juliana Garcia • Acritas • New York, New York, USAMireille Garolla • Paris, France

Douglas Glucroft • Nixon Peabody LLP • Paris, FranceMarissa Nicole Golden-Pont • Université Panthéon-Assas • Paris, FranceCaroline Gorse-Combalat • Embassy of the United States • Paris, FranceBen Griffith • Griffith & Griffith Law Offices • Cleveland, Mississippi, USA

Bernard Grinspan • Gibson, Dunn & Crutcher • Paris, FranceKlaus Günther • Oppenhoff & Partner Rechtsanwälte • Cologne, Germany

Fabienne Haas • August & Debouzy • Paris, FrancePhilippe Hameau • Dewey & LeBoeuf LLP • Paris, France

Bruce Horowitz • Paz Horowitz, Abogados • Quito, EcuadorGary C. Huie • University of Marne-la-Vallee • Paris, France

Daniel Hurstel • Willkie Farr & Gallagher LLP • Paris, FrancePaul-Albert Iweins • Taylor Wessing • Paris, France

Xavier Jaspar • Mayer Brown International LLP • Paris, FranceAurélie Kahn • New York University School of Law • New York, New York, USA


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Daniel Kahn • Kahn & Associés • Paris, FranceMarilyn J. Kaman • Fourth Judicial District Court, Hennepin County District Court •

Minneapolis, Minnesota, USAPierre Kirch • Paul, Hastings, Janofsky & Walker LLP • Paris, FranceJames M. Klotz • Miller Thomson LLP • Toronto, Ontario, Canada

Marielle Koppenol-Laforce • Houthoff Buruma • Rotterdam, The NetherlandsMarc-Olivier Langlois • Hughes Hubbard & Reed LLP • Paris, France

Maïté Lavrilleux • Kahn & Associés • Paris, FranceFrançois Lelap • White & Case LLP • Paris, FranceStéphane Lemarchand • Bird & Bird • Paris, France

Bruno Leurent • Winston & Strawn LLP • Paris, FranceJean Leygonie • Morgan Lewis • Paris, France

Robert Loef • Noerr LLP • New York, New York, USAJohn Lowe • Qioptiq • Paris, France

Alexander Marquardt • Kramer Levin Naftalis & Frankel LLP • Paris, FranceLaurent Martinet • Jones Day • Paris, France

Malcolm S. McNeil • Fox Rothschild LLP • Los Angeles, California, USAJean-François Mercadier • Norton Rose LLP • Paris, France

Christopher Mesnooh • Field Fisher Waterhouse • Paris, FranceLaetitia de Montalivet • International Chamber of Commerce Institute of

World Business Law • Paris, FranceJanet H. Moore • International Lawyer Coach • Houston, Texas, USA

Daniel Marín Moreno • Gomez-Acebo & Pombo Abogados • Barcelona, SpainGail Negbaur • Air Liquide • Paris, France

Eliot Norman • Williams Mullen • Richmond, Virginia, USASarah Oliver • SJ Berwin LLP • Paris, France

Olufunmi “Funmi” Oluyede • TRLPLAW • Lagos, NigeriaGordon J. Orenbuch • Paris, France

Reda Oulamine • Oulamine Law Group • Casablanca, MoroccoCharles-Henri de Pardieu • De Pardieu & Associés • Paris, France

Leela L. Patel • White & Case LLP • Paris, FranceGeorge Paterson • Norton Rose LLP • Paris, France

Louise Patry • Davies Ward Phillips & Vineberg LLP • Montreal, Quebec, CanadaCatherine Pawluch • Davis LLP • Toronto, Ontario, Canada

Jose Alves Pereira • Alves Pereira, Teixeira de Sousa & Associados, Sociedade de Advogados, R.L. • Lisbon, Portugal

Roxane Peyser • Maurgood LLC • Atlanta, Georgia, USAGeorge Pinkham • SJ Berwin LLP • Paris, France

John Piret • Newbury Piret & Company, Inc. • Boston, Massachusetts, USAAndrew Plump • Darrois Villey Maillot Brochier • Paris, France

William Lane Porter • Lane Porter Public Health Law Consulting • Washington, DC, USAPhilippe Portier • Jeantet & Associés • Paris, France

Jean-François Prat • Bredin Prat • Paris, France


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Ignacio J. Randle • Estudio Randle • Buenos Aires, ArgentinaKenneth N. Rashbaum • Rashbaum Associates, LLC • New York, New York, USA

Yves Repiquet • Jeantet & Associés • Paris, FranceMark Richardson • Franklin • Paris, France

Jacque-Antoine Robert • Simmons & Simmons • Paris, FranceJose Rosell • Hughes Hubbard & Reed LLP • Paris, France

Luis Roth • LinklatersCatherine Saint Geniest • Orrick, Herrington & Sutcliffe LLP • Paris, France

Hedwin Salmen-Navarro • Salmen Navarro & Associates • New York, New York, USADennis Schneider • LexisNexis • New Providence, New Jersey, USA

Pierre Servan-Schreiber • Skadden, Arps, Slate, Meagher & Flom LLP • Paris, FranceEric Schwartz • King & Spalding LLP • Paris, France

Claude Serra • Weil, Gotshal & Manges LLP • Paris, FranceJoel Simon • Paul, Hastings, Janofsky & Walker LLP • Paris, France

Hernan Slemenson • Marval, O’Farrell & Mairal • Buenos Aires, ArgentinaNathalie Soisson • Total • Paris, France

Michael Spadea • Barclays Wealth • London, United KingdomDelia Spitzer • Proskauer Rose LLP • Paris, France

Walter Stuber • Walter Stuber Consultoria Juridica • São Paulo, BrazilPriti Suri • PSA, Legal Counsellors • New Delhi, India

Pierre-Sébastien Thill • Francis Lefebvre • Paris, FrancePhilippe Thomas • Hogan Lovells International LLP • Paris, France

William Torchiana • Sullivan & Cromwell LLP • Paris, FranceThierry Touchais • The International Polar Foundation • Brussels, Belgium

Bob Treuhold • Shearman & Sterling LLP • Paris, FranceNicole Van Ranst • Marx Van Ranst Vermeersch & Partners • Brussels, BelgiumCarlos Velazquez de Leon • Basham, Ringe y Correa, S.C. • Monterrey, Mexico

M. Catherine Vernon • Formica Corporation • Cincinnati, Ohio, USAAlexander S. Vesselinovitch • Katten Muchin Rosenman LLP • Chicago, Illinois, USA

Justin D. Vineberg • Davies Ward Phillips & Vineberg LLP • Montreal, Quebec, CanadaPatrick Vovan • Vovan & Associés • Paris, France

Yves Wehrli • Clifford Chance • Paris, FranceJeremy West • Organisation for Economic Co-operation and Development (OECD) •

Paris, FranceMark E. Wojcik • The John Marshall Law School • Chicago, Illinois, USA

Philippe Xavier-Bender • Gide Loyrette Nouel • Paris, France

The listing of the Planning Committee was compiled as accurately as possible from Section records.

If we have omitted your name or have it listed incorrectly, we sincerely apologize.


spONsORs‹AND‹eXhIBItORs2 0 1 0 fa L L m e e T i N g s P o N s o r s a N D e x h i b i T o r s

seCtION‹pRIMARy‹ ‹CORpORAte‹spONsOR

LexisNexis

seCtION‹stRAtegIC‹ ‹ReseARCh‹pARtNeRGetting the Deal Through

WeDNesDAy‹ReCeptION‹ ‹at ‹Hôtel de Vi l le ‹spONsOR

Mairie de Paris

thuRsDAy‹ReCeptION‹ ‹at the Tr ibunal de Commerce

de Par is ‹spONsORParis Bar

FRIDAy‹ChAIR’s‹CLOsINg‹ ‹ReCeptION‹at the Musee

d’Orsay ‹spONsORJeantet et Associés

FRIDAy‹AFteR-hOuRs‹ ‹ReCeptION‹spONsOR‹ ‹

(Locat ion TBD)Association Internationale des Jeunes Avocats (AIJA)

WeDNesDAy‹LuNCheON‹ ‹spONsORs

Gide Loyrette NouelDe Pardieu Brocas Maffei

CONFeReNCe‹pADs‹&‹ ‹peNs‹spONsORAllen & Overy LLP

CORpORAte‹/ ‹tRANsACtIONAL‹pROgRAM‹tRACk‹spONsOR

Herbert Smith

CyBeR‹CAFé‹spONsORLexisNexis

LANyARDs‹spONsORLexisNexis

pOCket‹sCheDuLe‹spONsORBird & Bird

theRMAL‹Mugs‹spONsORCrowell & Moring LLP

usB‹DRIve‹spONsORLexisNexis

COuNtRy‹spONsORsChapple Blondet LLC (Costa Rica)

Franklin (France)

eXhIBItORsALFA International

American Society of International Law (ASIL)

Association Internationale des Jeunes Avocats (AIJA)

Canadian Bar Association, National Section on International Law

CIS Leading Counsel Network (LCN)Getting the Deal Through (Law

Business Research)Globe Law and Business (GLB)International Law Office (ILO)

Law Society of England & Wales


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Academy on Human Rights and Humanitarian LawAlexandria Bar Association

ALFA InternationalAmerican Arbitration Association - International

Centre for Dispute ResolutionAmerican Bankruptcy Institute (ABI)

American Bar FoundationAmerican Branch of the International Law Association (ABILA)

American Foreign Law AssociationAmerican Society of International Law (ASIL)

ANADE, Asociacion Nacional de Abogados de Empresa (Mexican Association of Corporate Attorneys)

Appleseed MexicoAsian Institute of International Financial Law

Asian Pacific American Bar Association of South Florida (APABA)Association Internationale des Jeunes Avocats/

International Association of Young Lawyers (AIJA)Association of Corporate Counsel - Europe

Association of Corporate Counsel - Greater New York ChapterAssociation of Corporate Counsel - New Jersey Chapter

Association of Corporate Counsel - Westchester, New York/Southern Connecticut Chapter

Association of Lawyers of RussiaAssociation of the Bar of the City of New York,

Council of International AffairsAtkin Chambers

Austrian Bar AssociationAxiom Magazine

Bankruptcy and Commercial Law Section of the Dallas Bar AssociationBar Association of India (BAI)

Bar Council of IrelandBar of the City of Buenos Aires

(Colegio de Abogados de la Ciudad de Buenos Aires)Barra Mexicana

Black Lawyers DirectoryBlack Solicitors Network

Brazilian-American Chamber of Commerce, Inc.British Expertise

British Institute of International and Comparative Law


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Brussels Bar - French (Barreau de Bruxelles Ordre Francais des Avocats)Buenos Aires Bar Association

Cairo Regional Centre for International Commercial ArbitrationCanadian Bar Association

Canadian Bar Association National Section on International LawCaribbean Bar Association

Casablanca BarCenter for Public Law at University of Cambridge

Chancery Bar AssociationChartered Institute of Arbitrators (CIArb)

China Law Association at UCLACIS Leading Counsel Network (LCN)

City of London Law SocietyCivil Justice Council

Coalition for the International Criminal CourtCommercial Bar Association (COMBAR)Conférence du Jeune Barreau de Bruxelles

Connecticut Bar Association Section of International LawConseil National de Barreau (National Bar Association)

Corporate Lawyering Group, LLC and Corporate Lawyering AssociationCouncil of Bars and Law Societies of Europe (CCBE)

Cuban American Bar AssociationCustoms and International Trade Bar Association

Dade County Bar AssociationDanish Association of Attorneys and Assistant Attorney (FAAF)

Delaware Supreme CourtDutch Bar Association

English Civil Justice CouncilEuropean American Chamber of Commerce - New York Chapter

European Company Lawyers Association (ECLA)European Young Bar AssociationFaculty of Advocates of ScotlandFederal Circuit Bar Association

Florida Bar International Law SectionGeneral Council of the Bar of England & Wales

German Bar Association, International Committee Hispanic National Bar Association

Honorable Society of the Middle Temple


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Human Rights FirstIllinois State Bar Association International &

Immigration Law Section CouncilInstitute for Trade in the Americas at

Michigan State University College of LawInstitute of Asian-Pacific Business LawIntellectual Property Bar Association

Inter-American Bar Association (IABA)Inter-Pacific Bar Association

International Bar Association (IBA)International Chamber of Commerce (ICC)

International Criminal Court BarInternational Financial Law Review

International Herald Tribune in LondonInternational Insolvency Institute

International Law AssociationInternational Law Students Association (ILSA)

JAMSJuris Publishing

Korean Bar AssociationL’Association Droit et JusticeLaw and Justice Association

Law Council of AustraliaLaw Society of England & Wales

Law Society of IrelandLaw Society of New South Wales

Lawyers Without BordersLegalink

Lex MundiLondon Court of International Arbitration (LCIA)London School of Economics and Political ScienceLondon Solicitors’ Litigation Association (LSLA)

Maine State Bar AssociationMiami Beach Bar Association

Miami International Arbitration SocietyNational Asian Pacific American Bar Association (NAPABA)

National Association of Women Lawyers


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Nederlandse Orde van Advocaten bij de Balie te Brussel Dutch speaking Brussels Bar Association

New York County Lawyers’ Association (NYCLA)New York State Bar Association International Section

New York University School of LawNew Zealand Bar Association

New Zealand Law SocietyNigerian Bar Association

Nigerian Bar Association - Lagos BranchNorth American South Asian Bar Association (NASABA)Nova Southeastern University Shepard Broad Law Center

Ordre Français des Avocats du Barreau de Bruxelles French speaking Brussels Bar Association

Orde van Vlaamse Balies, Flemish Bar AssociationParis Bar Association

Public Bar Association of Buenos Aires (Colegio Público de Abogados de la Capital Federal)Society of English and American Lawyers (SEAL)

Society of Indian Law Firms (SILF)St. John’s University School of Law

St. Thomas University (FL) School of LawSwedish Bar Association

Technology and Construction Bar AssociationTerraLex

The Spain US Chamber of CommerceUnion Internationale des Avocats/

International Association of Lawyers (UIA)U.S. Mexico Chamber of Commerce

U.S. – Mexico Bar AssociationUniversity College London Faculty of Laws

Vaams Pleitgenootschap BrusselsWashington Foreign Law Society (WFLS)

Washington International Trade AssociationWestchester, New York/Southern Connecticut Chapter (WESFACCA)

Women’s Bar Association of the District of ColumbiaWomen’s Bar Association of the District of Columbia Foundation

Women’s Bar of the State of New York (WBASNY)Women’s International Networking

World Law Group


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Tuesday, November 2

1:00‹pm‹–‹8:00‹pmRegistration‹and‹exhibit‹hall‹Open

2:00‹pm‹–‹3:30‹pmJudges‹RoundtableCoRPoRAtE CoUnSEL/LAw PRACtICE

This program is a roundtable discussion among leading judges addressing changes in European law affecting judicial review, especially on constitutional and human rights issues, differences between the roles and approaches of European and American judges, and perspectives on how the evolving European and international legal regimes will affect judicial decisions over the coming years. Special attention will be given to French law and institutions.program‹Chair:The Honorable Ronald A. Cass, Cass & Associates, PC, Great Falls, Virginiaprogram‹Chair‹&‹Moderator:Francois-Henri Briard, Delaporte, Briard & Trichet, Paris, France

2:00‹pm‹–‹3:30‹pmDoing‹Business‹in‹the‹CIs:‹Local‹Advice,‹global‹perspectiveSPotLIGht on EURoPE; CoRPoRAtE/tRAnSACtIonAL; CoRPoRAtE CoUnSEL/LAw PRACtICE

Managing partners of the leading national law firms from key jurisdictions across the CIS (Commonwealth of Independent States) economic region will present a unique local insight and legal advice on doing business in the region which is increasingly attracting international investments. The panel discussion will include an introduction to general business environment issues, update on legal and taxation developments, and special focus

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on M&A and foreign investment issues. The audience will not only learn about some of the world’s most rapidly developing economies, but get the best local advice on how to avoid traps and pitfalls and safeguard investments in Russia and the CIS region based on the unparalleled local competence of the panelists.program‹Chairs:Irina Paliashvili, RULG – Ukrainian Legal Group, P.A., Washington, DC Olga Frolova, Egorov, Puginsky, Afanasiev & Partners, Moscow, RussiaModerators:Irina Paliashvili, RULG – Ukrainian Legal Group, P.A., Washington, DCDimitry Afanasiev, Egorov, Puginsky, Afanasiev & Partners, Moscow, Russia speakers:Vladimir Dolzhikov, ACT, Ashgabat, Turkmenista Nariman Ramazanov, Fina LLP, Baku, AzerbaijanTatyana Suleyeva, Aequitas Law Firm, Almaty, KazakhstanAlexander Turcan, Turcan & Turcan, Chisinau, Moldova

3:30‹pm‹–‹5:00‹pmMeet‹the‹section‹of‹International‹Law:‹Who‹We‹Are,‹Why‹We‹Are‹here‹and‹What‹We‹Can‹Do‹for‹you!CoRPoRAtE CoUnSEL/LAw PRACtICE

This program will describe how the ABA Section of International Law is organized and works, the benefits it can provide, and how you, as an international practitioner, might become involved. This program is tailor-made for lawyers who are new to the Section and who may be wondering just what an American association of lawyers can do for them and how they can participate in its work. For persons attending a Section event for the first time, it will provide an introduction to the work


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of the Section and the rest of the Fall Meeting Agenda.program‹Chairs:Marcelo E. Bombau, M. & M. Bomchil, Buenos Aires, ArgentinaAllin C. Seward, Paul, Hastings, Janofsky & Walker LLP, Paris, France

3:30‹pm‹–‹5:00‹pmpathways‹to‹employment‹in‹International‹LawYoUnG LAwYERS

“How to” for young lawyers seeking to transition their skills into the global arena, or experienced practitioners who wish to expand their practices into international law. Top practitioners speak frankly about their formative experiences and tips they have about getting one’s foot in the door from transferable job skills and law school courses to take (or miss), to interview tips and where to spend those critical summer breaks.sponsoring‹Committees:Young Lawyers Interest Network (YIN), Law Student, LL.M., and New Lawyer Outreach Committee

5:00‹pm‹–‹6:30‹pmLegal‹education‹International:‹‹A‹view‹from‹europeSPotLIGht on EURoPE; PUBLIC IntERnAtIonAL LAw/RULE oF LAw

Legal education in the U.S. has undergone major reform in recent years to keep apace with technological developments, globalization and the changing demands of practice. European legal education has also experienced dramatic changes due to harmonization, economic pressures, and European unification, including the Bologna Process. This program will feature leading European academics to discuss these developments and their impacts on future reforms and practice. They will

also engage in a lively give-and-take with top U.S. academics who will explore what these changes may mean for the future of U.S. academy.sponsoring‹Committees:International Legal Education and Specialist Certification, Europe Committee, Law Student, LL.M., and New Lawyer Outreach Committee, U.S. Lawyers Practicing Abroad Committeeprogram‹Chairs:Robert E. Lutz, II, Southwestern University School of Law, Los Angeles, CaliforniaWilliam P. Johnson, University of North Dakota School of Law, Grand Forks, North Dakota

6:30‹pm‹–‹7:30‹pmspeed‹Networking‹–‹A‹Fun‹Way‹to‹Meet‹ABA‹Members‹and‹start‹the‹‹Fall‹MeetingCoRPoRAtE CoUnSEL/LAw PRACtICE

Back by popular demand! We had so much fun, we are doing it again. Start the Fall Meeting by meeting ABA and Section Leadership and other international lawyers. Bring your business cards! Participants will have the opportunity to engage in a number of speed networking rounds to learn about each other or create business opportunities. With this program, there is no need to break the ice - it’s already done for you. Just take a seat and start talking!program‹Chairs:Cyndee Todgham Chernick, Lang Michener LLP, Toronto, Ontario, CanadaJanet Moore, International Lawyer Coach, Inc, Houston, Texas

7:30‹pm‹–‹9:00‹pmOpening‹Reception‹at‹the‹‹Westin‹paris‹


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WedNesday, November 3

7:00‹am‹–‹7:00‹pmRegistration‹and‹exhibit‹hall‹Open

7:45‹am‹–‹8:30‹amMeet‹your‹Division‹Chairs‹‹Continental‹BreakfastMost of the substantive work of the Section is conducted at the committee level. This breakfast provides an excellent social atmosphere for leaders of each committee to meet their Division Chair. Everyone should walk away having built a stronger relationship amongst the committee leadership.

7:45‹am‹–‹9:00‹amContinental‹Breakfast

8:30‹am‹–‹9:00‹amOpening‹plenary‹session

9:00‹am‹–‹10:30‹amexecutive‹pay‹and‹Loyalty:‹strategies‹for‹global‹employers‹and‹Issues‹for‹Mobile‹executivesCoRPoRAtE CoUnSEL/LAw PRACtICE; CoRPoRAtE/tRAnSACtIonAL; SPotLIGht on EURoPE

There is global pressure on employers to better design executive compensation, and to better control the enterprise risks that come from performance-based incentives, vesting schedules and post-termination disloyalty. How should employers best position for long-term executive loyalty? The velvet glove approach involves retention incentives; the iron fist involves the enforcement of loyalty commitments (such as covenants not to compete, or not to solicit employees or customers). The laws vary greatly between countries and regions, and become more complex when you have

internationally mobile executives. This program examines applicable laws, different strategies for business protections and litigation issues (including relevant cases and strategies). For executives who are globally mobile, this program will focus on tax and other compensation issues, especially related to equity awards. sponsoring‹Committees:International Employment Law Committee, International Corporate Counsel ForumCo-sponsor:Joint Committee on Employee Benefits (JCEB)program‹Chair:Marjorie Culver, Paul, Hastings, Janofsky & Walker LLP, New York, New YorkModerator:William Wright, Fisher & Phillips LLP, Radnor, Pennsylvaniaspeakers:Katell Deniel-Allioux, Salans LLP, Paris, FranceMark Poerio, Paul, Hastings, Janofsky & Walker LLP, Washington, DCAnders Etgen Reitz, Magnusson, Copenhagen, DenmarkSusan Serota, Pillsbury Winthrop Shaw Pittman LLP, New York, New York

9:00‹am‹–‹10:30‹amMergers‹&‹Acquisitions:‹A‹Brave‹‹New‹WorldCoRPoRAtE/tRAnSACtIonAL; IntERnAtIonAL FInAnCE

The panel will address how the current economic climate has (if at all) changed how deals are made. Do reduced leverage levels create opportunities or change the way deals are done? Are private equities making opportunistic purchases? How do they carry these out?After examining recent cross-border M&A transactions involving Chinese, European, Indian and U.S. enterprises,


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the panel will discuss asset deals and share deals, as well as other tax issues of M&A transactions and how these are dealt and ultimately resolved. The program will also address post-sale restructurings, opportunities to shift target’s assets cross-border at low tax cost due to reduced market values or spins and mergers or other reorganizations to maximize tax attributes or tax losses.sponsoring‹Committees:China Committee, International M&A and Joint Venture Committee, International Corporate Counsel Forum, Europe Committee program‹Chair:Elinore Richarson, Borden Ladner Gervais LLP, Toronto, Ontario, Canadaspeakers:Murray Clayson, Freshfields Bruckhaus Deringer LLP, London, United Kingdom (Invited)Shefali Goradia, BMR Advisors, Mumbai, India (Invited)Lynn McCaw, Dewey & LeBoeuf LLP, London, United Kingdom (Invited)Andrew Solomon, Sullivan & Cromwell LLP, New York, New York (Invited)

9:00‹am‹–‹10:30‹amRecent‹trends‹in‹Antitrust‹enforcement‹by‹National‹Competition‹Authorities‹in‹europeIntERnAtIonAL tRAdE/REGULAtoRY; CoRPoRAtE/tRAnSACtIonAL; CoRPoRAtE CoUnSEL/LAw PRACtICE; AntItRUSt LAw MInI-tRACk

As a complement to the action of the European Commission, national competition authorities are playing an increasingly important role in the enforcement of antitrust law, especially since the modernization of competition law in the EU initiated in 2004. National authorities now routinely cooperate, among themselves and/or with the European

Commission in their investigations of mergers or cartels within the framework of the so-called European Competition Network. What is the concrete impact of the co-existence of these authorities and the European Commission for companies doing business in Europe? This program will gather a panel of leading officials of the new French competition authority, German Federal Cartel Office, UK Office of Fair Trading, Spanish Competition Authority and European Commission. They will describe recent developments in terms of enforcement policy in their countries and address in particular the issues of interplay of EU and national competition law and coordination among authorities in transnational investigations across Europe.sponsoring‹Committees:International Antitrust Law Committee, Europe Committeeprogram‹Chair:Susana Cabrera, Garrigues LLP, Madrid, SpainModerator:Marcos Araujo, Garrigues LLP, Madrid, Spainspeakers:Cavendish Elithorn, Office of Fair Trading, London, United Kingdom (Invited)Carles Esteva-Mosso, European Commission, DG Competition, Brussels, BelgiumClara Guzmán, Spanish National Competition Commission, Madrid, SpainStanislas Martin, French Competition Authority, Paris, France (Invited)Konrad Ost, German Federal Cartel Office, Bonn, Germany


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9:00‹am‹–‹10:30‹amprotecting‹Cultural‹property‹in‹the‹event‹of‹Armed‹ConflictsPUBLIC IntERnAtIonAL LAw/RULE oF LAw; dISPUtE RESoLUtIon/LItIGAtIon

More than fifty years after the adoption of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, the Convention was finally ratified by the United States. As of 13 March 2009, the U.S. joined 122 other countries to become a party to this Convention, which was nevertheless already respected and implemented by the U.S. armed forces and quoted in the U.S. Army Field Manual. In 1999 the Second Protocol to the Convention was adopted and 56 States are now parties to this Protocol. The efforts to ensure the protection of valuable cultural property are carried out under the auspices of the United Nations Educational, Scientific and Cultural Organization (UNESCO) with its headquarters in Paris. The years have seen the theft, dissipation and destruction of priceless cultural and artistic treasures that have had the misfortune of being located in theatres of armed conflict. Hear from the experts who have been at the center of the international community’s efforts to halt this irreversible loss, the cases that have been won and lost, and a way forward for the preservation of the world’s legacies of culture for future generations.sponsoring‹Committees:Aerospace and Defense Industries Committee, Europe Committee, Art and Cultural Heritage Committee, Middle East Committee

program‹Chair:William R. Black, BAE Systems, Santa Clara, Californiaprogram‹Chair‹&‹Moderator:Patty Gerstenblith, DePaul University, Chicago, Illinoisspeakers:Irina Bokova, UNESCO, Paris, France (Invited)Karl von Hapsburg, Association of the National Committees of the Blue Shield, Vienna, AustriaHays W. Parks, U.S. Department of Defense, Washington, DC (Invited)Jiri Toman, Santa Clara University, Santa Clara, California

9:00‹am‹–‹10:30‹amglobalized‹Law:‹how‹european‹states‹are‹Influencing‹New‹Corporate‹Responsibility‹standards‹SPotLIGht on EURoPE

How are you planning for the extra-territorial reach of voluntary standards that are rapidly becoming legal norms? Are you aware of the implications Corporate Responsibility/Sustainability (CR/S) has for your company vis-à-vis the emergence of expanding globalized legal standards? In contrast to international law, which is based on the recognition of state sovereignty, globalized law is more about eroding or transcending state sovereignty since it reduces the power of individual nation states to control domestic legal structures. This development is most salient in the area of business and environmental issues in general. The mounting use of voluntary CR/S standards by business of all types and sizes is evidence of their response to stakeholder’s growing demands regarding the continual improvement of and


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accountability for its environmental, social and governance practices. This panel will help you better understand how these legal structures can impact your business, and what you need to know to keep up with the competition by leveraging opportunities associated with the risks of supply chain pressures and the uncertainties presented by both self-regulation, as well as more formal regulation that is emerging out of this movement.sponsoring‹Committees:Corporate Social Responsibility Committee, International Environmental Law Committee, International Human Rights Committeeprogram‹Chair‹&‹Moderator:Roxane Peyser, Maurgood LLC, Atlanta, Georgiaspeakers:Miles Austin, EcoSecurities Group PLC, Dublin, Ireland (Invited)Ira Feldman, Greentrack Strategies, Bethesda, MarylandKim I. Stollar, The Boeing Group, Seal Beach, California (Invited)Mia Wouters, LVP LAW, Brussels, Belgium

9:00‹am‹–‹10:30‹amAnatomy‹of‹International‹ArbitrationYoUnG LAwYERS; CoRPoRAtE CoUnSEL/LAw PRACtICE; dISPUtE RESoLUtIon/LItIGAtIon

A review of the nuts and bolts of international arbitration, discussing litigation v. arbitration, various arbitral regimes, arbitration clauses, pleadings/written submissions, selecting arbitrators, interim relief/anti-suit injunctions, discovery, conduct of an arbitration hearing and the award.sponsoring‹Committee:International Litigation Committee program‹Chair‹&‹Moderator:Robert F. Brodegaard, Brodegaard & Simone LLC, New York, New Yorkspeakers:Klaus Gunther, Oppenhoff & Partner, Cologne, GermanyDaniel Marugg, Gloorr & Sieger, Zurich, Switzerland Dana McGrath, Allen & Overy LLP, New York, New York

10:30‹am‹–‹11:00‹amNetworking‹Break‹

10:30‹am‹–‹11:00‹am“how‹to”‹seriesThe Section’s “How To” Series continues with a focus on “Developing Programs with the Section”, “Section Publishing – How to Get Your Name in Print” and “Policy and the Section”. Each session will highlight key components for meeting attendees to learn more about each of these areas and how each can allow members – new and old alike – to become more involved in the Section’s activities.


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11:00‹am‹–‹12:30‹pmMuseums‹as‹the‹New‹Diplomats‹of‹International‹Relations:‹the‹Cultural‹Avatar‹for‹Rule‹of‹Law,‹economic‹growth‹and‹Nation‹Building‹CoRPoRAtE/tRAnSACtIonAL; SPotLIGht on EURoPE

Museums and governmental organizations are pioneering innovative models to export avatars of their corporate culture and museum infrastructure to other countries. Supported by host government, tax incentives, scientific and cultural exchange and diplomatic efforts, exports of entire museums, including business systems, human resources, financial operations, technology, curatorial staff and conservation laboratories are being deployed to both developed and developing nations. These museum “avatars” boost local economies in the host country and simultaneously burnish and extend museum “brands.” The new cultural entity functions as a means for host nations to attract capital, boost financial investment, train and educate indigenous work forces, produce licensing revenue, create joint ventures and fortify rational processes and democratic practices, thus expanding development opportunities and fortifying rule of law. This engaging roundtable of lawyers and experts will explore the legal, social, political and economic issues triggered by this new form of foreign relations and relationships.sponsoring‹Committees:Intellectual Property Committee, International Transactions Committee, Europe Committee

program‹Chairs‹&‹Moderators:Jessica Darraby, The Art Law Firm, Los Angeles, California Susan Brushaber, Susan J. Brushaber PC, Denver, Colorado speakers:Laurence des Cars, Agence France-Muséums, Paris, France (Invited)Bruno Mottin, Louvre, Paris, France Sheikh Sultan bin Tahnoon Al Nahyan, Abu Dhabi Authority for Culture and Heritage, Abu Dhabi, United Arab Emirates (Invited)Philip Rylands, Guggenheim Museum, Venice, Italy (Invited)Maria Vicien-Milburn, UNESCO, Paris, France

11:00‹am‹–‹12:30‹pmRainmaking‹Woman-style:‹Moving‹past‹unwritten‹Rules‹to‹Become‹your‹Own‹starCoRPoRAtE CoUnSEL/LAw PRACtICE; YoUnG LAwYERS

Despite entry into top levels of major international firms, women continue to face equity barriers in legal practice. Does your geographic location or any other factor dictate your marketing practice? For any lawyer wanting to expand their client base, global expansion of business presents both challenges and opportunities. Beyond economic and ethical constraints, regional and cultural mores for women may serve as additional barriers. How do you build clientele in the face of “unwritten rules” that hinder traditional routes to business development? This program’s purpose is twofold. Through the course of discussion, it will highlight practices that continue to present barriers to gender equity, helping to inform ways to improve women’s participation


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in all areas of law. The roundtable, made up of culturally and regionally diverse leading women practitioners, will provide a lively, interactive guide to combining successful creative marketing with relationship-building strategies to become your own rainmaker.sponsoring‹Committees:U.S. Lawyers Practicing Abroad Committee, Women’s Interest Network (WIN), Young Lawyers Interest Network (YIN), International Tax Committee, Law Student, LL.M., and New Lawyer Outreach Committee, International Human Rights Committee, International Models Project for Women’s Rights (IMPOWR) Task Force, Diversity Committeeprogram‹Chairs:Bayo Callender, Michigan Supreme Court, Lansing, MichiganRaquel Rodriguez, McDermott Will & Emery LLP, Miami, FloridaJennifer K. Wills, U.S. Environmental Protection Agency, Washington, DCModerator:Amy Sommers, Squire Sanders, Shanghai, Chinaspeakers:Dominique de La Garanderie, La Garanderie et Associés, Paris, France (Invited)Sara Holtz, ClientFocus, Granite Bay, CaliforniaSheila O’Donnell, Valeo, Paris, FrancePriti Suri, PSA Legal Counsellors, New Delhi, India

11:00‹am‹–‹12:30‹pmstatus‹of‹Convergence‹between‹u.s.‹gAAp‹and‹IFRs:‹Implications‹for‹practitioners‹and‹Corporate‹Counsel‹and‹Corporate‹ClientsIntERnAtIonAL FInAnCE; CoRPoRAtE/tRAnSACtIonAL; CoRPoRAtE CoUnSEL/LAw PRACtICE

International accounting standards (IFRS) now directly affect business and legal practices throughout the world and in the United States. From a European and U.S. perspective, the status and implications of convergence of U.S. GAAP and IFRS will be addressed by the leading regulators and experts. A host of pertinent and timely questions will be addressed: What is the current U.S. position? What is the current time table? What are the remaining differences that need to be resolved? What are the steps that need to be taken by companies governed by U.S. GAAP need to be taken to prepare? What are the practical implications for business and legal practitioners? What can be learned from similar transitions in the United Kingdom and elsewhere that may be relevant to the convergence of U.S. GAAP and IFRS?sponsoring‹Committee:International Securities and Capital Markets Committeeprogram‹Chair‹&‹Moderator:Stuart H. Deming, Deming PLLC, Washington, DCspeakers:Richard Fleck, Herbert Smith LLP, London, United KingdomEthiopis Tafara, U.S. Securities and Exchange Commission, Washington, DC (Invited)


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Sir David Tweedie, International Accounting Standards Board, London, United Kingdom (Invited)John White, Cravath, Swaine & Moore LLP, New York, New York (Invited)

11:00‹am‹–‹12:30‹pmtwo‹Wrongs‹Don’t‹Make‹A‹Right?‹the‹Rise‹of‹private‹Litigation‹and‹the‹Interplay‹with‹public‹Antitrust‹enforcement‹Around‹the‹globeIntERnAtIonAL tRAdE/REGULAtoRY; CoRPoRAtE/tRAnSACtIonAL; dISPUtE RESoLUtIon/LItIGAtIon; AntItRUSt LAw MInI-tRACk

Cartel investigations inevitably trigger a swath of private class actions in the U.S. seeking treble damages on behalf of a class of alleged victims, often including foreign purchasers that may have only tenuous connections to the U.S. While the dual public and private enforcement regime in the U.S. has been criticized as imposing enormous costs on business, it has been an effective avenue for victims of cartels to recover losses, while providing an additional deterrent in the form of treble damages. The EU and other jurisdictions are grappling with how to provide cartel victims with an effective means of obtaining compensation for losses while avoiding the perceived excesses of the U.S. class action system. As cartel investigations are increasingly conducted on an international playing field, plaintiffs’ class action counsel also are exporting litigation across borders, using discovery obtained in one forum as a basis for litigating in another, and funding, coordinating and settling cases on a global basis. These developments pose new threats (as well as potential opportunities) for companies doing business internationally. Experts

from jurisdictions in North America, the EU, Asia and Latin America will examine the interplay between public and private enforcement in these regions and recent developments in leniency, plea bargaining, penalties and settlements, as well as the growth of private enforcement through class and representative actions.program‹Chairs:Lesley Farrell, SJ Berwin LLP, London, United Kingdom Fiona Schaeffer, Weil, Gotshal & Manges LLP, New York, New YorkClaire Webb, Weil, Gotshal & Manges LLP, New York, New York

11:00‹am‹–‹12:30‹pmeurope’s‹North‹American‹Invasion‹–‹‹eu‹Bilateral‹trade‹Agreements‹with‹Mexico‹and‹Canada‹vs.‹NAFtASPotLIGht on EURoPE; CoRPoRAtE/tRAnSACtIonAL

NAFTA is a uniquely North American trade agreement designed among other things to enhance the competitiveness of the North American region in relationship to Europe and Asia. Now the EU has successfully negotiated a bi-lateral trade agreement with Mexico and is negotiating with Canada for a similar bilateral agreement, one that might include provincial governments. What are the implications of this for the U.S., Canada and Mexico and for the future of NAFTA, and will the stalled WTO DOHA round negotiations spawn more efforts at using regional agreements as a substitute for multilateral trade agreements?sponsoring‹Committees:Mexico Committee, Canada Committee


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program‹Chair‹&‹Moderator:Les Glick, Porter Wright Morris & Arthur, Washington, DCspeakers:Armando Ambrosio, NCTM-Studio Legal, Asociato, Milan, ItalySalvador Behar, Embassy of Mexico, NAFTA Office, Washington, DCSalmoe Cisnal de Ugarte, IE School of Law, Madrid, SpainWendy Wagner, Gowlings, Ottawa, Ontario, Canada

12:45‹pm‹–‹2:15‹pmLuncheon‹with‹Minister‹of‹economic‹Affairs,‹Industry‹and‹employment‹of‹France,‹Madame‹Christine‹LagardeWith thanks to our sponsors Gide Loyrette Nouel and De Pardieu Brocas Maffei

2:30‹pm‹–‹4:00‹pmyou‹Always‹hurt‹the‹One‹you‹Love:‹parent‹and‹sibling‹Company‹Liability‹for‹Corporate‹AffiliatesCoRPoRAtE/tRAnSACtIonAL; CoRPoRAtE CoUnSEL/LAw PRACtICE; dISPUtE RESoLUtIon/LItIGAtIon

This panel, aimed at both transactional lawyers and litigators, will explore the legal risks companies face as a result of having parents, subsidiaries or affiliates abroad. While there are many business reasons to accept these risks, it is important that companies (and the lawyers advising them) have a full understanding of the benefits and liabilities of this corporate structure.This panel will discuss common (and not so common) questions that arise: When does a foreign affiliate subject the parent or other affiliate to jurisdiction to suit in a foreign forum? When can the parent or subsidiary be subjected to discovery or other court

proceedings in that forum - even if it is not a party to the litigation? Does having a foreign subsidiary subject the parent to enforcement of judgments in that forum? When is a parent subject to the legislation of the foreign jurisdiction? Under what circumstances can the parent be held liable as an alter ego of an affiliate? What exactly does it mean to pierce the corporate veil? When does the affiliate become and agent of other affiliates?Using an entertaining hypothetical problem, the panel will explore these risks and strategies for minimizing them - both from an operational perspective and in the context of a dispute. Discussion will center on how the risks - and strategies for mitigating them - differ in civil law and common law systems.sponsoring‹Committees:International Litigation Committee, International Corporate Counsel Forum program‹Chairs‹&‹Moderators:Elena Norman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DelewareSteven M. Richman, Duane Morris LLP, Princeton, New Jerseyspeakers:John Beerbower, Cravath Swaine & Moore, London, United KingdomJonathan Sherman, Boies, Schiller & Flexner LLP, Washington, DCRachel Thorn, Latham & Watkins LLP, Paris, France


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2:30‹pm‹–‹4:00‹pmCultural‹Competency‹in‹a‹global‹Arena:‹Diversity,‹equality‹and‹Inclusion‹for‹the‹International‹LawyerCoRPoRAtE CoUnSEL/LAw PRACtICE; PUBLIC IntERnAtIonAL LAw/RULE oF LAw; YoUnG LAwYERS

Borders are no longer barriers. Law is a global practice and you, the international lawyer, must know how to navigate! You must be agile, knowing when and how to adapt to different working environments and cultures. Whether practicing at home or abroad, this affects everything from how you shake hands, dress, negotiate and even how you hold your fork. Cultural sensitivity is a prerequisite to building successful professional and client relations. You will have peers whose national identities, religious beliefs and cultural norms are far different from your own. Diversity in the legal profession is no longer just an issue for lawyers in the United States or Britain. Today’s international lawyer needs to understand diversity, equality and inclusion. Join us for a rousing discussion of cross-cultural diversity issues for the international lawyer.sponsoring‹Committees:Women’s Interest Network, Seasoned Lawyers Interest Network, Sexual Orientation and Gender Identity Issues Networkprogram‹Chairs‹&‹Moderators:Jennifer Hilsabeck, Lewis and Roca LLP, Las Vegas, NevadaSandra Yamate, American Bar Association, Chicago, Illinoisspeakers:David Cambria, AON Corporation, Chicago, IllinoisSharon JonesMartin Pradel, Duval-Stalla, Pradel, Reingewirtz & Associés, Paris, France

2:30‹pm‹–‹4:00‹pmA‹postmortem‹of‹a‹Meltdown:‹Lessons,‹Failures...and‹the‹FutureIntERnAtIonAL FInAnCE; dISPUtE RESoLUtIon/LItIGAtIon

Well the crisis appears to be over…for now? While some people are skeptical, we will know by November how lasting this calm is. So it is time to mark our successes and failures – and let’s be brutally candid about our assessments. This program will provide a lively interactive panel discussion of where governments, business and consumers did well; and, equally (or even more) important, where they did not do well… and why they may have failed. Questions we will address include how did the international financial services industry, financial institutions and governments contribute to the crisis? How did they react and respond to the crisis? Were the solutions offered (involving massive injections of liquidity, asset repurchases, curbs on executive compensation, equity backed rescues of major bank groups, increased deposit guarantees and other extraordinary remedies) effective or just short term fixes? Will the experiences of the past several years change the ways of financial service companies operate, the regulatory system that governs them and facilitate harmonization or exacerbate the differences between major financial centers? What of our renewed concerns regarding institutions TBTF - ‘TOO BIG TO FAIL’, remedies involving ‘moral hazard’, governments, pension funds and private equity funds shopping for ‘toxic assets’? Did we solve these issues or have they dropped into a


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deep, dark pool waiting to resurface with renewed force?Hear our knowledgeable panelists of international standing on these vital topics and much more and ask your tough crystal ball questions and together let’s try to assess the future. Should we buy long – sell short – or simply hedge? Is the present calm a serious opportunity for companies or only the eye of the next part of the storm? sponsoring‹Committees:International Financial Products and Services Committee, International Securities and Capital Markets Committeeprogram‹Chair:Adam Farlow, Allen & Overy LLP, London, United Kingdomprogram‹Chair‹&‹Moderator:Alan B. Rabkin, Loyola Law School, Stateline, NevadaModerator:Meyer Eisenberg, Columbia Law School and Willamette University College of Law, Washington, DCspeakers:Joseph Beashel, Matheson Ormsby Prentice, Dublin, IrelandHerbert de Vauplane, Credit Agricole Group, Paris, France (Invited)Richard Meade, Prudential Insurance Company of America, Newark, New Jersey (Invited)Elizabeth Warren, Harvard Law School, Boston, Massachusetts (Invited)

2:30‹pm‹–‹4:00‹pmMulti-Jurisdictional‹Merger‹Review:‹A‹12‹step‹program‹for‹Corporate‹Counsel‹and‹transactional‹Lawyers‹IntERnAtIonAL tRAdE/REGULAtoRY; SPotLIGht on EURoPE; AntItRUSt LAw MInI-tRACk

With the global proliferation of merger control regimes, a transnational merger of any size is likely to trigger notification thresholds in a range of jurisdictions around the world, each with its own particular rules and idiosyncracies. Managing the multi-jurisdictional review process will be one of the key tasks of in-house counsel and their legal advisors. Using a hypothetical scenario, this panel of experienced practitioners, both outside and in-house counsel, will offer practical advice and strategies on how to coordinate the multi-jurisdictional review process and successfully obtain merger clearance in jurisdictions as varied as the EU, France, Canada, the United States and Brazil. Topics to be covered will run the gamut of what every in-house counsel and transactional lawyer needs to know about handling a multi-jurisdictional merger review, including negotiating the competition clauses in the purchase agreement; antitrust due diligence; gun jumping issues; waivers; joint defence and confidentiality agreements; preserving privilege; document creation; dealing with the review process and a myriad of authorities; and negotiating remedies (if necessary).sponsoring‹Committees:International Antitrust Law Committee, Canada Committee, Aerospace & Defense Committee, International Corporate Counsel Forum


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program‹Chair:Elisa Kearney, Davies Ward Phillips & Vineberg LLP, Toronto, Ontario, Canadaprogram‹Chair‹&‹Moderator:Mark Katz, Davies Ward Phillips & Vineberg LLP, Toronto, Ontario, Canadaspeakers:Nicola Buchanan, Amcor Limited, Bristol, United KingdomMichael Byowitz, Wachtell, Lipton, Rosen & Katz, New York, New YorkJoana Temudo Cianfarani, TozziniFreire Advogados, São Paulo, BrazilMaria Trabucchi, Freshfields Bruckhaus Deringer LLP, Paris, France

2:30‹pm‹–‹4:00‹pm‘Round‹the‹World:‹A‹good‹‹governance‹updatePUBLIC IntERnAtIonAL LAw/RULE oF LAw

Developing countries are paying the price for bad governance – foregoing foreign assistance packages, foreign direct investment and the trust of constituents in their country’s governing bodies. Is good governance a far-fetched dream for developing countries? Should we accept the defeatist attitude many have towards the idea of good governance actually taking hold in developing countries? What strategies could be put in place to make good governance effective, especially in countries where requisite legislation and structures have been put in place? Are there countries where successful inroads have been made with regard to good governance and from which some “best practices” can be drawn upon by other countries seeking inspiration?sponsoring‹Committees:Africa Committee, Europe Committee, India Committee, Latin America and Caribbean Committee

program‹Chair:Gretchen C. Bellamy, Durham, North Carolinaprogram‹Chair‹&‹Moderator:Roland Abeng, Abeng Law Firm, Douala, Cameroonspeakers:Bjorn Forde, UNDP Oslo Governance Center, Oslo, Norway (Invited)Dotse Tsikata, African Development Bank, Tunis-Belvedere, Tunisia (Invited)

4:00‹pm‹–‹4:30‹pmNetworking‹Break

4:00‹pm‹–‹4:30‹pm‹“how‹to”‹seriesThe Section’s “How To” Series continues with a focus on “Developing Programs with the Section”, “Section Publishing – How to Get Your Name in Print” and “Policy and the Section”. Each session will highlight key components for meeting attendees to learn more about each of these areas and how each can allow members – new and old alike – to become more involved in the Section’s activities.

4:30‹pm‹–‹6:00‹pmWhy‹there?‹the‹unasked‹‹Questions‹About‹selecting‹the‹‹place‹of‹ArbitrationCoRPoRAtE/tRAnSACtIonAL; YoUnG LAwYERS

During this lively debate about the relative merits of six commonly-selected arbitral seats, you will hear leading practitioners answer questions that you should ask before choosing a seat for your arbitrations. Representative jurisdictions include long-standing arbitration centers such as Geneva, New York, London, Paris and Stockholm, as well as a newcomer – Dubai. This program


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presents a rare chance for insight about (i) costs and delays associated with each potential seat – including costs and delays of ancillary litigation; (ii) efficiencies to be gained by choosing that seat – including whether the courts effectively support arbitration; and (iii) the juridical security of the seat for awards – including whether the courts have a good track record on the review of awards.sponsoring‹Committee:International Arbitration Committee program‹Chair‹&‹Moderator:Michael M. Ostrove, Debevoise & Plimpton LLP, Paris, Francespeakers:Dominique Brown-Berset, Brown & Page LLP, Geneva, SwitzerlandSigvard Jarvin, Jones Day, Paris, FranceToby Landau QC, Essex Court Chambers, London, United KingdomCarole Malinvaud, Gide Loyrette Nouel, Paris, FranceClaudia T. Salomon, DLA Piper LLP, New York, New YorkEssam Al Tamimi, Al Tamimi & Company, Dubai, United Arab Emirates

4:30‹pm‹–‹6:00‹pmgoing‹global:‹how‹to‹grow,‹staff,‹and‹Manage‹an‹International‹In-house‹Legal‹DepartmentCoRPoRAtE CoUnSEL/LAw PRACtICE

A panel of experts from the legal recruiting industry and global law departments will share their insights and offer suggestions and alternatives for building and maintaining an effective and responsive legal team for global business operations, including such innovative approaches as reverse seconding, legal department outsourcing, innovative law firm relationships and dealing

with global compliance initiatives and emerging markets.sponsoring‹Committees:Aerospace and Defense Industries Committee, International Corporate Counsel Committee, Europe Committee, International Employment Law Committee program‹Chair‹&‹Moderator:William R. Black, BAE Systems, Santa Clara, Californiaspeakers:Miriam Longchamp, Major Lindsay & Africa, London, United KingdomPhillip Bramwell, BAE Systems, London, United KingdomKenneth Bunge, KEB Advisory Services, LLC, New London, Connecticut (Invited)Jeffrey Proulx, Target Corporation, Minneapolis, Minnesota (Invited)

4:30‹pm‹–‹6:00‹pmstranger‹In‹A‹strange‹Land:‹Cross-Cultural‹Issues‹in‹the‹CourtsdISPUtE RESoLUtIon/LItIGAtIon; PUBLIC IntERnAtIonAL LAw/RULE oF LAw

What does “the rule of law” mean in today’s multi-cultural society? In courts around the world, immigrant defendants are pleading “the cultural defense” – invoking the customs of their homelands to explain their actions. “Cultural evidence” is finding its way into more civil cases too – from family law matters, to tort actions, to civil rights and complex commercial litigation. In this highly-interactive presentation, audience members will use hand-held technology to “vote” on real-life cases presented by an expert, inter-disciplinary panel. Should immigrants be held to the same standards as everyone else, on the theory of “When in Rome . . . ”? You be the judge!


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sponsoring‹Committee:International Judicial Affairs Committee program‹Chair:The Honorable Delissa A. Ridgway, U.S. Court of International Trade, New York, New YorkModerator:Jonathan Turley, The George Washington University School of Law, Washington, DCspeakers:The Honorable Bernice B. Donald, U.S. District Court, Memphis, TennesseeThe Honorable Dominique T. Hascher, Court of Appeal, Champagne, FranceMark J. Mills, Forensic Psychiatrist, Washington, DCAlison Dundes Renteln, University of Southern California, Los Angeles, CaliforniaRene L. Valladares, Office of the Federal Public Defender, Las Vegas, Nevada

4:30‹pm‹–‹6:00‹pmCross-Border‹Insolvencies‹in‹a‹transatlantic‹Context:‹Recognition‹of‹Foreign‹Main‹proceedingsIntERnAtIonAL FInAnCE

The financial crisis and the economic downturn have put the insolvency regimes of many countries to a test in recent years. Quite a number of large companies and banks that were active on a global scale filed for insolvency and went into liquidation or restructuring. How do the national insolvency laws and the judicial systems cope with the challenges of cross-border insolvencies when the debtor and its subsidiaries are incorporated, and have assets and creditors, on both sides of the Atlantic? To be sure, with the UNICTRAL Model Law on Cross-Border Insolvency forming the basis of Chapter 15 of the United States

Bankruptcy Code and the European Insolvency Regulation setting the framework in the European Union, the recognition of foreign main proceedings is now the rule. Yet, if we know where comity begins, where does it end, specifically if certain classes of unsecured creditors are privileged in one country but rank equal to fellow unsecured creditors in other countries? How should corporate group insolvencies be treated in a cross-border context? This program will attempt to shed some light on the limits of comity, on the use of the public policy defense and on the case for a group insolvency régime in cross-border insolvencies.sponsoring‹Committees:International Commercial Transactions, Franchising and Distribution Committee, Europe Committeeprogram‹Chair‹&‹Moderator:Alexander T. M. Ritvay, Noerr LLP, Berlin, Germanyspeakers:Jenny Clift, UNCITRAL, Vienna, Austria (Invited)Brett H. Miller, Morrison & Foerster, LLP, New York, New YorkMichael Schuster, JAFFÉ Rechtsanwälte Insolvenzverwalter, Munich, GermanyRobert van Galen, NautaDutilh, Amsterdam, The Netherlands


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4:30‹pm‹–‹6:00‹pmpricing‹and‹Distribution‹‹Across‹Borders:‹how‹to‹Avoid‹Antitrust‹exposureIntERnAtIonAL tRAdE/REGULAtoRY; AntItRUSt LAw MInI-tRACk

This program will bring together leading officials and practitioners from the U.S., the EU, Latin America and Asia who will discuss the latest key antitrust developments on selling and distributing, and consider their practical implications for companies, whether they are suppliers, distributors or customers. The program will provide critical insights and practical guidance on designing and operating distribution networks to meet global business objectives while minimizing antitrust exposure that arises in different legal systems. Our panel of regulators and practitioners from the U.S., the EU, Latin America and Asia will discuss the rules in their jurisdiction on resale price maintenance (RPM) requirements, exclusive and selective distribution networks, online sales and marketing, and bundled pricing, discounts and rebates offered by dominant companies. This program will cover in particular the new EU regulation and guidelines on vertical agreements. sponsoring‹Committees:International Antitrust Committee, International Corporate Counsel Forum, Europe Committee program‹Chair‹&‹speaker:Laurent Garzaniti, Freshfields Bruckhaus Deringer LLP, Brussels, BelgiumModerator:Jean-Louis Fourgoux, Fourgoux and Associés, Paris, Francespeakers:Youngjin Jung, Kim & Chang, Seoul, South Korea

William Kovacic, Federal Trade Commission, Washington, DCCristianne Zarzur, Pinheiro Neto, São Paulo, Brazil

7:00‹pm‹–‹9:00‹pmReception‹at‹hôtel‹de‹ville‹4 Rue de Rivoli, ParisWith thanks to our sponsor the Mairie de ParisAfter the first full day of programming, join your new friends as the Mairie de Paris hosts the Section at the Hôtel de Ville. The Hôtel de Ville is the neo-Renaissance building that is the seat of the Paris city government, rebuilt after being destroyed during the uprising in Paris known as the “commune” that followed the Franco-Prussian war in 1870. The current City Hall was inaugurated in 1882, but the site has been the location of important guild halls and local government offices since 1357. The elaborately decorated building features murals and sculptures by leading artists of the time, including Auguste Rodin. The magnificent reception rooms regularly host important diplomatic visits by representatives of foreign governments. This opening night event is sure to be one you will not want to miss.


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4 9:00‹pm‹–‹11:00‹pmCommittee‹DinnersTake advantage of the free time this evening to enjoy one of the many fine restaurants and quaint cafes that the city of Paris has to offer by organizing your committee members to assemble for dinner. This is a great opportunity to continue to network within your practice area with others at the meeting who share your same interests and have casual discussions over the dinner table; many of which will lead to new initiatives and committee programs developing for months to come after you return home.

Thursday, November 4


7:45‹am‹–‹8:45‹amCommittee‹BreakfastsNot sure whether to attend the committee business breakfasts? If you don’t attend, you may be missing the greatest benefit of Section membership. Our more than sixty committees cover every possible aspect of public and private international law. Most of the Section’s substantive work is conducted at the committee level. Committee business meetings provide a great opportunity to meet your Section colleagues, learn about and shape committee plans, and become more active in the Section. Section members can join as many committees as they wish—at no charge! Further details concerning the schedule of which particular committees will be meeting will be listed on the Fall Meeting website (www.abanet.org/intlaw/fall10) as well as in the On-Site Meeting Information Guide.


9:00‹am‹–‹10:30‹amNavigating‹a‹Rocky‹economy‹–‹‹Legal‹Advice‹When‹your‹Client‹or‹Counterparty‹is‹in‹DistressCoRPoRAtE/tRAnSACtIonAL

Many companies are facing new, and sometimes novel, questions regarding their relationships with joint venture partners, vendors and other key business partners which may be facing severe economic issues. Others are seeking to take advantage of financial dislocation


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BeR‹4to invest or enter into business relationships on advantageous terms. This program will examine special opportunities and risks that arise when representing, or across the table from, a distressed company. In particular, we will examine whether and how to bid on assets; special legal risks arising in the pre- (or seeking to avoid) bankruptcy context; issues relating to joint ventures; and other opportunities and problems that arise when a company’s customers or suppliers are experiencing financial stress. We will also examine fiduciary and other board level issues from the perspective of the stressed company. Using real life examples, our panel will explore the advantages and disadvantages of alternative approaches for actual and potential business partners, in both the commercial and the M&A context.sponsoring‹Committees:International M&A and Joint Venture Committee, International Commercial Transactions Committee program‹Chair:David M. Silk, Wachtell, Lipton, Rosen & Katz, New York, New Yorkspeakers:Frank Miller, Freshfields Bruckhaus Deringer LLP, London, United KingdomXiaolian Zhang, King & Wood, Beijing, China (Invited)

9:00‹am‹–‹10:30‹amLost‹in‹translation‹–‹Cross-Border‹employment‹Law‹Issues‹for‹Multinational‹employersCoRPoRAtE CoUnSEL/LAw PRACtICE; YoUnG LAwYERS

Corporate counsel and human resources professionals in multi-national companies, or those anticipating cross-border acquisitions, face an array of issues caused by conflicting laws and extraterritoriality considerations. These start with

the initial contract, and include such matters as non-compete agreements, choice of law and forum and arbitration clauses. However, the issues continue throughout the employment relationship, implicating data protection and privacy, as well as possible claims of discrimination and investigations across borders. Even the end of an employment relationship raises questions, from the termination decision and enforcement of restrictive covenants. Advisers who assume in good faith that following the laws of their own jurisdiction keeps them safe from challenge often find themselves facing claims. The program will consider the nature of these conflicts, how counsel can harmonize clashing requirements, and keep companies in compliance with their local laws without placing them in jeopardy elsewhere.sponsoring‹Committee:International Employment Law Committee program‹Chair‹&‹Moderator:Eric A. Savage, Littler Mendelson P.C., Newark, New Jerseyspeakers:Anna Birtwistle, CM Murray LLP, London, United KingdomSimon Brockett, Twinings UK, London, United Kingdom Bapsy Dastur, GE Energy, London, United Kingdom (Invited)Pascal Lagoutte, Capstan Avocats, Paris, France


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9:00‹am‹–‹10:30‹amClass‹Actions:‹Will‹emerging‹‹Concepts‹in‹u.s.‹Class‹Actions‹Find‹their‹Way‹into‹european‹Judicial‹systems‹and‹What‹Might‹the‹u.s.‹Learn‹from‹europe?dISPUtE RESoLUtIon/LItIGAtIon; YoUnG LAwYERS; AntItRUSt LAw MInI-tRACk

The class action began as an invention of the English Chancery “mothered . . . by practical necessity.” Large numbers of persons having a common interest were not disqualified from enforcing their rights due to their numbers. Today, class actions evolve as disputes involve growing numbers of people across multiple borders. In the United States, class actions have flourished compelling the courts to take up the issues arising from these disputes, and the defendants to manage the ever increasing risks. More European countries are adopting class actions. To what extent are these jurisdictions informed by the U.S. experience and what can the U.S. learn from these new class action paradigms? This interactive program will discuss and examine class actions in the U.S. and in certain EU jurisdictions in the context of both a tort case (damages to property/person) and a commercial dispute (economic injury). In particular, we will look at emerging issues in the certification of a class, where the prospective class includes citizens of these different countries. For example, in deciding whether to certify a class in the U.S. that would include citizens of EU member countries, the U.S. courts have considered whether each EU country will give res judicata effect to the prospective U.S. class action

judgment. Thus, U.S. courts have undertaken systematic review of the domestic law of each class member’s home country before certifying a class. We will present a panel of experts from the U.S., England, France and Italy. We will invite the panelists and the audience to discuss how the cases or issues presented may be handled in the U.S. versus Europe; how class actions are developing in Europe and the U.S.; and, whether these developments will or should be shared.sponsoring‹Committee:International Litigation Committee program‹Chair:Alex Blumrosen, Bernard-Hertz-Béjot, Paris, Franceprogram‹Chair‹&‹Moderator:Joseph L. Raia, Gunster, Yoakley & Stewart, P.A., Miami, Floridaspeakers:John F. Mariani, Gunster, Yoakley & Stewart, P.A., West Palm Beach, Florida Michael L. Martinez, Crowell & Moring LLP, Washington, DCKate Matthews, Stevens & Bolton LLP, London, United KingdomAlexis Mourre, Castaldi Mourre & Partners, Paris, France (Invited)GianBattista Origoni, Gianni, Origoni, Grippo & Partners, Milan, Italy

9:00‹am‹–‹10:30‹amOpen‹sesame:‹Demystifying‹Doing‹Business‹in‹emerging‹economiesIntERnAtIonAL FInAnCE; CoRPoRAtE/tRAnSACtIonAL; IntERnAtIonAL tRAdE/REGULAtoRY; AntItRUSt LAw MInI-tRACk

As the Western economies struggle to recover from the global financial crisis, the BRIC countries and



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other emerging economies are predicted to be the new engine of economic growth. These economies are becoming essential sources of expansion and opportunity for multinational corporations and their service providers, including law firms.In addition to navigating unfamiliar rules of engagement on foreign investment, competition and intellectual property, multinational businesses and their service providers must often overcome legal and commercial barriers to competing in new territories, while navigating institutions and customs that are essential to doing business in these jurisdictions.sponsoring‹Committees:India Committee, Russia/Eurasia Committee, International Corporate Counsel Forum program‹Chair:Claire Webb, Weil, Gotshal & Manges LLP, New York, New Yorkprogram‹Chair‹&‹Moderator:Fiona Schaeffer, Weil, Gotshal & Manges LLP, New York, New Yorkspeakers:Marcelo E. Bombau, M. & M. Bomchil, Buenos Aires, ArgentinaSandeep Kapoor, Intel Technologies Pvt Ltd., India Erik Wulff, DLA Piper LLP, Washington, DC

9:00‹am‹–‹10:30‹amglobal‹privacy,‹Data‹protection‹and‹security‹Across‹BordersPUBLIC IntERnAtIonAL LAw/RULE oF LAw; SPotLIGht on EURoPE; YoUnG LAwYERS

Varied approaches to privacy and data protection in Asia, Europe, Latin America and the United States, arising from differing perceptions of privacy values and security needs, impact formulation of compliance strategies for global businesses. Panelists playing roles of regulators, plaintiffs and a traveler will test strategies advocated by corporate counsel to meet the needs and risks of crossing borders with data—electronically and in person.Europe and the U.S. have agreed safe harbors, Latin American notions of habeas data and tensions between open society and privacy values reflect attention to rule of law concerns, Asia appears to be exploring yet another path. Panelists will consider the issues in light of new technologies, government security initiatives and the 2009 Joint Proposal for International Standards on Protection of Privacy with regard to Processing of Personal Data, adopted in Madrid by data protection authorities of some 50 countries.sponsoring‹Committees:Canada Committee, Immigration and Naturalization Committee, International Employment Law Committee, Latin America and Caribbean Committee, Mexico Committee, International Trade Committee Co-sponsor:ABA Section of Science & Technology Law


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program‹Chairs:Francisco J. Cortina Velarde, Chévez, Ruíz, Zamarripa y Cía., S.C., Mexico City, MexicoPatrick Del Duca, Zuber & Taillieu LLP, Los Angeles, CaliforniaMarcy Stras, Cozen O’Connor, Washington, DCModerator:Sergio R. Karas, Karas & Associates, Toronto, Ontario, Canadaspeakers:Jonathan D. Avila, The Walt Disney Company and Immediate Past President of the International Association of Privacy Professionals, Los Angeles, California (Invited)Bojana Bellamy, Accenture, London, United KingdomIsabel Davara F. de Marcos, Davara Abogados, S.C., Mexico City, MexicoKarl Waheed, Karl Waheed Cabinet d’avocats, Paris, France

10:30‹am‹–‹11:00‹amNetworking‹Break

10:30‹am‹–‹11:00‹am“how‹to”‹seriesThe Section’s “How To” Series continues with a focus on “Developing Programs with the Section”, “Section Publishing – How to Get Your Name in Print” and “Policy and the Section”. Each session will highlight key components for meeting attendees to learn more about each of these areas and how each can allow members’ – new and old alike – to become more involved in the Section’s activities.

11:00‹am‹–‹12:30‹pmApples‹and‹Oranges:‹the‹hazard‹‹of‹a‹hasty‹Choice‹of‹Law‹in‹M&A‹ContractsCoRPoRAtE/tRAnSACtIonAL; IntERnAtIonAL FInAnCE

A self-moderated, interactive presentation with leading lawyers in the United Kingdom, Switzerland, United States, Germany and France regarding the impact that the governing law of a share purchase agreement or an asset purchase agreement may have and how it may affect the enforceability of the contract. The program also addresses the ramifications of such compromises in the courts and arbitration hearings. After attending this session, you will have a better understanding of: (a) common clauses or expressions by courts in certain jurisdictions may not be as you have contemplated (e.g. meaning of “best efforts”, “negligence”); (b) what provisions of public policy will override the choice of governing law; and (c) why setting on the geographic mid-point of the co-contracting parties may not necessarily be the best choice for the governing law of your contract.sponsoring‹Committees:International M&A and Joint Venture Committee, International Litigation Committee, International Arbitration Committee program‹Chairs‹&‹Moderators:Manuel Liatowitsch, Schellenberg Wittmer, Zurich, SwitzerlandHartmut Krause, Allen & Overy LLP, Frankfurt, Germany



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speakers:Daniel Cohen, Université Panthéon-Assas, Paris, France (Invited)Albert Garrofé, Cuatrecasas, Gonçalves Pereira, New York, New YorkLorenzo Olgiati, Schellenberg Wittmer, Zurich, Switzerland

11:00‹am‹–‹12:30‹pmthe‹growth‹of‹Lobbying‹and‹evolution‹of‹Lobbying‹Regulation:‹A‹Comparative‹perspectiveCoRPoRAtE CoUnSEL/LAw PRACtICE, SPotLIGht on EURoPE

The responses of governments across the globe to the financial crisis has magnified the extent to which every government and the private sector are intimately bound together. As the complexity of government increases and the voices of those attempting to be heard by government officials reach painful levels, the role of lawyers as traditional advocates is being reinvented. Lawyers must become lobbyists, hire lobbyists and advise clients and employers on lobbying. Each jurisdiction presents unique challenges and opportunities, and many contain unique regulatory constraints. Both the European Union and OECD are exploring options for lobbyist regulation; many organizations representing public affairs professions are adopting or considering codes for self regulation. If you lobby, work with lobbyists or hire lobbyists, you should attend this program to learn how to work within today’s legal framework and what to anticipate for tomorrow. sponsoring‹Committee:International Corporate Counsel Committee

program‹Chair‹&‹Moderator:Thomas M. Susman, Office of Governmental Affairs, American Bar Association, Washington, DCspeakers:The Honorable Diana Wallis, European Parliament, Brough, United KingdomLyn Trytsman-Gray, Kraft Foods, Brussels, Belgium (Invited)Benoit Le Bret, Gide Loyrette Nouel, Brussels, Belgium (Invited)

11:00‹am‹–‹12:30‹pmvictory‹Abroad:‹successfully‹taking‹and‹Defending‹Depositions‹AbroaddISPUtE RESoLUtIon/LItIGAtIon; SPotLIGht on EURoPE; YoUnG LAwYERS

The program will commence with a roundtable discussion of the planning for and pitfalls to be avoided in connection with and practical tips for taking a deposition abroad. This will include a discussion of various foreign privileges, blocking statutes and how to overcome them. The program will conclude with a mock deposition held in Paris.sponsoring‹Committee:International Litigation Committee program‹Chair,‹Moderator‹&‹speaker:Robert F. Brodegaard, Brodegaard & Simone LLC, New York, New Yorkspeakers:Brian Dunning, Thompson & Knight LLP, New York, New YorkElaine Metlin, Dickstein Shapiro LLP, Washington, DC (Invited)


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11:00‹am‹–‹12:30‹pmgoing‹green‹Without‹going‹Mad:‹Requirements,‹Challenges‹and‹strategies‹for‹Compliance‹with‹ReACh,‹the‹eu’s‹Most‹Recent‹Regulatory‹RegimeIntERnAtIonAL tRAdE/REGULAtoRY

Companies doing business in international markets face a bewildering array of local regulatory requirements governing their business and marketing activities. In addition, the trend toward “greener” chemicals and materials opens up substantial market opportunities, but also poses significant costs and risks for business.In the past, many companies have attempted to meet international requirements by focusing their multinational compliance programs on U.S. regulatory standards. In light of the introduction of increasingly sophisticated and complex regulatory regimes in other jurisdictions, companies and their counsel are now reevaluting this strategy. With the implementation of the REACH (Registration, Evaluation and Authorization of Chemical Substances) in the European Union in June 2007, multinational companies were presented with a new, ambitious regulatory regime. Unlike regulations in the United States, the EU registration requirements apply to “articles” (objects composed of substances and/or preparations, with a specific shape, surface or design), where substances could be released during normal and foreseeable use.This interactive program will illustrate REACH’s scope and requirements by following a product containing restricted substances through a European tour, covering registration

and possible restriction of regulated substances, challenges to maintaining the supply chain, and import/export issues. In addition, the panel will discuss how REACH has influenced other countries throughout the world. The panel will also discuss strategic options for managing these global trends, such as efforts to harmonize these competing systems, engagement in international standard setting, supply chain contracting strategies, voluntary efforts to anticipate regulatory trends, and ways lawyers may advise or otherwise be involved in such initiatives. Finally, the audience will be given a unique opportunity to pose questions to experienced practitioners and learn best practices for compliance from the experts.sponsoring‹Committees:Customs Law Committee, Europe Committee, International Trade Committeeprogram‹Chairs‹&‹Moderators:Cortney O’Toole Morgan, Barnes, Richardson & Colburn, Washington, DCKim I. Stollar, The Boeing Group, Seal Beach, Californiaspeakers:Jim DeLisi, Fanwood Chemical Inc, Fanwood, New JerseyScott Megegian, K&L Gates LLP, London, United KingdomJean-Philippe Montfort, Mayer Brown LLP, Brussels, BelgiumAnja von Bahn, BASF, Ludwigshafen am Rhein, Germany



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11:00‹am‹–‹12:30‹pmhow‹to‹share‹the‹Burden‹of‹Refugees‹in‹the‹european‹unionPUBLIC IntERnAtIonAL LAw/RULE oF LAw; SPotLIGht on EURoPE

Southern European border nations are being flooded with migrants entering by sea from Africa increasing xenophobic tensions and resulting in a significant economic requirement to house, maintain and evaluate claims for asylum. The EU has proposed for discussion a mandatory burden-sharing plan to relieve the social, economic and legal problems inherent in this situation. The panel will discuss the impact and legality of this effort.sponsoring‹Committees:Europe Committee, Immigration and Naturalization Committeeprogram‹Chair‹&‹Moderator:Peter H. Matson, Law Offices of Peter H. Matson, Madliena, Maltaspeakers:Tarek Ben Ali, International Office for Migration, Tunis, Tunisia (Invited)Barbara Harrell-Bond, Oxford, United KingdomThe Honorable Carmelo Mifsud-Bonnicci, M.P., Minister for Justice and Home Affairs, Valletta, Malta (Invited)

12:45‹pm‹–‹2:15‹pmLuncheon‹with‹kenote‹speaker

2:30‹pm‹–‹4:00‹pmIssues‹and‹pitfalls‹When‹Negotiation‹and‹enforcing‹Reps,‹Warranties‹and‹Indemnities‹in‹M&A‹AgreementsCoRPoRAtE/tRAnSACtIonAL; YoUnG LAwYERS

At the heart of every M&A deal is the allocation between the parties of such risks and liabilities – whether known or unknown – inherent to the transferred business. The most

common method used to effect such allocation is the inclusion of reps and warranties made by seller in the transfer agreement. Such reps and warranties, combined with indemnification provisions and the security supporting them, commonly provide the essential protection for the buyer in the proposed transaction.This panel shall discuss the negotiation process and current market trends in resolving the various issues which arise when drafting these paramount sections of the acquisition agreement. Special attention shall be given to the impact of the due diligence, use of escrows, survival terms for reps and warranties and structuring of indemnity clauses, including their scope and duration. And most importantly, the panelists shall examine the main issues that arise when enforcing these clauses, as well as the current case law criteria in their respective jurisdictions of practice.sponsoring‹Committees:International M&A and Joint Venture Committee, International Commercial Transactions, International Corporate Counsel Forum program‹Chair‹&‹Moderator:Christine M. Castellano, Corn Products International Inc., Westchester, IllinoisModerator:Pablo Ferraro-Mila, Gonzalez & Ferraro Mila Abogados, Buenos Aires, Argentinaspeakers:Mark Greene, Cravath Swaine & Moore, New York, New YorkFernando Jamarne, Alessandri & Compañía Abogados, Santiago, ChileFlorian Jörg, Bratschi Wiederkehr & Buob, Zurich, SwitzerlandSalli A. Swartz, Phillips Giraud Naud & Swartz, Paris, France


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2:30‹pm‹–‹4:00‹pmthe‹Wages‹of‹sin:‹Legal‹Consequences‹of‹Misclassifying‹employees,‹Independent‹Contractors‹and‹OthersCoRPoRAtE CoUnSEL/LAw PRACtICE; SPotLIGht on EURoPE

Misclassifying workers in both the U.S. and Europe has serious and costly legal consequences. Employers frequently believe that an individual is not an employee but rather an independent contractor, a partner/owner or an employee of a vendor, and find to their dismay that the person is considered an employee by the applicable government entity. Payroll taxes and steep penalties, liability for employee benefits and liability for workplace injuries are just some of the consequences of mistaken classification. In addition, in the U.S. there are many lawsuits regarding the misclassification of employees. European companies and attorneys advising them about U.S. operations need to know the standards by which employee and exempt status are judged in the U.S., and U.S. attorneys need to know what standards apply in the EU. This will be an interactive, multi-national, diverse panel, using videos drawn from real cases. Audience participation will be encouraged.sponsoring‹Committees:International Employment Law Committee, International Commercial Transactionsprogram‹Chairs‹&‹speakers:Alan M. Koral, Vedder Price P.C., New York, New YorkUte Krudewagen, Baker & McKenzie LLP, Palo Alto, CaliforniaModerator:Patrick Thiebart, JeantetAssociés, Paris, France

speakers:Salli A. Swartz, Phillips Giraud Naud & Swartz, Paris, FranceMing Henderson Vu-Thi, Oracle Corporation, Redding, United Kingdom

2:30‹pm‹–‹4:00‹pmArbitration‹Clauses‹in‹International‹tax‹treaties‹–‹Do‹they‹Work?dISPUtE RESoLUtIon/LItIGAtIon; IntERnAtIonAL FInAnCE; PUBLIC IntERnAtIonAL LAw/RULE oF LAw; YoUnG LAwYERS

The Protocol to the Income and Capital Tax Treaty between France and the United States that entered into force on December 23, 2009 is the fifth double taxation treaty signed by the United States, after Canada, Belgium, Germany and Italy, which provides for mandatory and binding arbitration as a final tool for resolution of disputes between the competent authorities pursuant to such treaties. A similar arbitration clause was introduced in the 2008 revision of the Organization for Economic Cooperation and Development Model Tax Convention.Experts in international taxation, international arbitration as well as officials from the OECD and the French administration will discuss the effectiveness of the arbitration proceedings provided for by the recent U.S. double taxation treaties as well as the OECD Model Tax Convention. The roundtable will (1) explain how these arbitration proceedings work and how they differ from other type of arbitration proceedings; (2) examine unresolved aspects of their implementation; and (3) discuss the prospects of success of the provisions as they have developed thus far.



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program‹Chair‹&‹Moderator:Marco A. Blanco, Curtis, Mallet-Prevost, Colt & Mosle LLP, Paris, Francespeakers:Mary C. Bennett, Organisation for Economic Co-Operation and Development (OECD) Centre for Tax Policy & Administration, Paris, FranceH. David Rosenbloom, Caplin & Drysdale, Washington DCPeter M. Wolrich, Curtis, Mallet-Prevost, Colt & Mosle LLP, Paris, France

2:30‹pm‹–‹4:00‹pmInternational‹Forum-shopping,‹Regulatory‹Competition‹and‹Business‹as‹Legal‹CombatIntERnAtIonAL tRAdE/REGULAtoRY; dISPUtE RESoLUtIon/LItIGAtIon

With growing numbers of regulatory authorities around the world and declining thresholds for exercising authority, international businesses have greater opportunities for (and greater risks from) forum-shopping aimed at restraining a competitor. The change has been most apparent in antitrust/competition law, where more than 100 national or transnational competition law regimes can claim authority. Given differences in procedures, evidentiary standards and substantive law, authorities could reach results dramatically at odds with each other. This has implications for how competitors do business, how disputes are resolved, what effect legal rules have and the degree to which businesses operate under predictable legal rules, including questions respecting even-handed application of the law. Panel members from law and business will discuss whether these

developments are salutary ways of letting jurisdictions control conduct that affects citizens in many nations around the globe or threats to orderly business and the rule of law.sponsoring‹Committees:International Intellectual Property Committee, International Antitrust Committee, International Trade Committee program‹Chair‹&‹Moderator:The Honorable Ronald A. Cass, Cass & Associates, PC, Great Falls, Virginiaspeakers:Jean-Yves Art, Microsoft Corporation, Brussels, BelgiumHendrik Bourgeois, General Electric Company – Europe, Brussels, BelgiumIsa De Michelis, Qualcomm, Rome, Italy (Invited)Fiona Schaeffer, Weil Gotshal & Manges, New York, New YorkGreg Slater, Intel Corporation, Washington, DC (Invited)

2:30‹pm‹–‹4:00‹pmexpanding‹the‹Rule‹of‹Law‹Agenda‹to‹Achieve‹greater‹Impact:‹Why‹private‹International‹Law‹Matters‹to‹good‹governance,‹economic‹Development‹and‹the‹Rule‹of‹LawPUBLIC IntERnAtIonAL LAw/RULE oF LAw; CoRPoRAtE/tRAnSACtIonAL; CoRPoRAtE CoUnSEL/LAw PRACtICE

Public sector rule of law reform as part of good governance efforts in developing countries has been at the center of the rule of law agenda. Often overlooked, however, is how the principles and mechanisms of private international law, expressed in multilateral treaties, model laws, legislative guidance and other instruments, also have a direct and increasingly positive role in


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promoting good governance, the rule of law and economic development and integrating the less developed countries into the globalized society and economy. This panel will bring together representatives from four major international organizations where the harmonization process of private international law takes place, as well as several experienced practitioners working on these highly complex and sophisticated business and judicial matters from the private perspective.Panelists will explore how the principles and practices of private international law directly contribute to fostering good governance and rule of law reform in the context of developing countries. The discussion will examine recent efforts to deal with harmonization and codification in diverse subject areas (e.g., international commercial and financial law, including carriage of goods by sea, secured transactions and consumer protection; international protection of children and vulnerable adults, family and property relations; dispute resolution and the enforcement of arbitral awards among others). This will be linked to a discussion on the challenges and opportunities of putting these efforts in motion at the national and regional level. Finally, based on institutional experiences and lessons learned, the panel will focus on how to integrate private international law initiatives into the rule of law agenda as important vehicles to strengthen democratic governance, capacity building, social cohesion and economic development at the national and regional levels in order to make

a positive and long lasting impact on people’s lives. sponsoring‹Committees:UN and International Institutions Coordinating Committee, Private International Law Coordinating Committee program‹Chair:David P. Stewart, Georgetown University Law Center, Washington, DCprogram‹Chair‹&‹Moderator:Lelia Mooney, Rule of Law Officer, ABA Section of International Law, Washington, DCspeakers:Jean Michel Arrighi, Organization of American States, Washington, DCJose Angelo Estrella Faria, International Institute for the Unification of Private Law, Rome, ItalyJennifer Kirby, Herbert Smith, Paris, FranceThe Honorable Delissa A. Ridgway, U.S. Court of International Trade, New York, New YorkRenaud Sorieul, United Nations, New York, New YorkJohannes van Loon, Hague Conference on Private International Law, Hague, The Netherlands


4:00‹pm‹–‹4:30‹pm“how‹to”‹seriesThe Section’s “How To” Series continues with a focus on “Developing Programs with the Section”, “Section Publishing – How to Get Your Name in Print” and “Policy and the Section”. Each session will highlight key components for meeting attendees to learn more about each of these areas and how each can allow members – new and old alike – to become more involved in the Section’s activities.



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4:30‹pm‹–‹6:00‹pmhave‹Corporate‹governance‹Models‹Achieved‹their‹goals‹During‹the‹‹2007-2009‹Crisis?CoRPoRAtE/tRAnSACtIonAL; CoRPoRAtE CoUnSEL/LAw PRACtICE

Commentators have opposing views on whether or not corporate governance models have achieved their goals during the 2007-2009 crisis. The debate on this issue is common to all sophisticated corporate governance systems, whether American or European. The panel will feature experts drawn from the legal profession and academia who will debate the goals that corporate governance models should promote based on an assessment of achievements and failings current models have demonstrate during the economic crisis and its aftermath. Issues that will be discussed include:

■ What is the purpose of corporate governance: create value for whom? Prevent risks from what?

■ How to reflect ethics, sustainable development, corporate, environmental and social responsibility in post-crisis corporate governance models?

■ Have existing models - including management compensations systems- actually created value, created procyclical effects in the recent crisis or merely prevented unreasonable risk-taking management policies?

program‹Chair‹&‹Moderator:Philippe Portier, JeantetAssociés, Paris, Francespeakers:Patricia Charléty, Essec Business School, Paris, France (Invited)

Brian R. Cheffins, Cambridge University, Cambridge, United Kingdom (Invited)Steven A. Rosenblum, Wachtell, Lipton, Rosen & Katz, New York, New York (Invited)Peter Wirtz, University of Lyon, Lyon, France (Invited)

4:30‹pm‹–‹6:00‹pmproactively‹Avoiding‹pitfalls‹that‹kill‹Joint‹venturesCoRPoRAtE CoUnSEL/LAw PRACtICE; IntERnAtIonAL FInAnCE

A True Panel and interactive audience discussion on Best Practices in Structuring Joint Ventures to avoid issues that destroy JVs.Senior Corporate Counsel from Formica and Corn Products International join experienced, outside JV counsel from the U.S., France and India to discuss best practices as to, among other things:

■ License and JV creation of Name, Trademarks (Brand) and Know How-terms and termination;

■ Reliance on one party for sales-minimum performance standards, terms and termination;

■ Non-Competition issues for joint venturers and officers and/or seconded personnel; Personnel Salaries;

■ Control, Key Governance, Supermajority, Officer issues;

■ Impasses/Conflict Resolution/Buy Out Terms - Valuation Methodologies;

■ Termination Events - Cross Default/Change in Control/Etc.;

■ Including the JV Business Plan in governance;

■ Structuring tax efficient and fair returns for both parties.


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Session materials will include, among other things, two useful JV checklists and a sample Letter of Intent with a Financial/Structural Diagram.sponsoring‹Committee:International M&A and Joint Venture Committee program‹Chair‹&‹Moderator:Harvey Jay Cohen, Dinsmore & Shohl LLP, Cincinnati, Ohiospeakers:Christine M. Castellano, Corn Products International Inc., Westchester, IllinoisRaj Chakrabarti, Kochhar & Co. Advocates & Legal Consultants, Mumbai, IndiaFrederic Cohen, Courtois Lebel, Paris, FranceCatherine Vernon, Formica Inc., Cincinnati, Ohio

4:30‹pm‹–‹6:00‹pmWho‹pays‹for‹Litigation?‹–‹Cross-Border‹Differences‹in‹FundingdISPUtE RESoLUtIon/LItIGAtIon; YoUnG LAwYERS

This program will examine the impact of funding of legal costs across a number of jurisdictions. This will be a comprehensive review comparing the rules relating to funding in different civil law and common law jurisdictions. It will offer practical guidance in relation to funding issues and respective costs recoveries. With litigation costs at the forefront of clients’ minds, key aspects will be discussed regarding funding of legal costs to maximise profit whilst seeking to ensure justice. Topics covered will include fixed costs, costs capping, funding through Conditional Fee Agreement and Contingency Fee Agreements. It will also discuss the impact in certain jurisdictions of Pre Event and After

the Event insurance together with third party funding of litigation and the respective risks for all parties. A must for all dispute practitioners with useful tips to be used in dispute resolution procedures around the globe.sponsoring‹Committees:International Litigation Committee, International Arbitration Committee program‹Chair‹&‹Moderator:Kate Matthews, Stevens & Bolton LLP, London, United Kingdomspeakers:Kirstin Dodge, Homburger, Zurich, SwitzerlandMichael Martinez, Crowell & Moring LLP, Washington, DCMarco Provvidera, Avvocato del Foro di Roma, Rome, Italy

4:30‹pm‹–‹6:00‹pmNational‹security,‹Immigration‹and‹the‹Rule‹of‹LawPUBLIC IntERnAtIonAL LAw/ RULE oF LAw

Human migration into the United States and Europe has long been the subject of legislation and regulation. In addition to the long standing challenge of balancing the interests of immigrants and the native populace, the recent surge in “home grown” terrorism has led governments on both sides of the Atlantic to use immigration laws to promote their national security policies. As a consequence, the very different immigration debates ongoing in each continent are starting to confront similar issues. This program will look at how the rule of law may accommodate the interests of national identity and security, and will examine enforcement of U.S. and EU policy,



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the exercise of a state’s police powers to enforce these policies and the mechanisms available to do so.program‹Chair:Faiza Patel King, Brennan Center for Justice, New York, New Yorkprogram‹Chair‹&‹Moderator:John H. Harrington, Law Office of John H. Harrington, Stratford, Connecticutspeakers:Jean-Louis Bruguiere, Court of First Instance, Paris, FranceDavid D. Cole, Georgetown University Law Center, Washington, DCRaza Hussain, Matrix Chambers, London, United Kingdom (Invited)Margaret Stock, United States Military Academy, Washington, DC (Invited)

4:30‹pm‹–‹6:00‹pmFashion‹as‹a‹Business:‹Intellectual‹property‹in‹the‹Fashion‹IndustrySPotLIGht on EURoPE; IntERnAtIonAL tRAdE/REGULAtoRY

Paris is one of the centers of the fashion industry. Young designers have flocked to the city to obtain inspiration and to showcase their talents. Fashions are, however, notoriously easy to copy and protection may be difficult to enforce. This program will look at the full design process from the creation of the design, to showcasing the design, limited production and then mass marketing. In a mock client meeting, we shall review how intellectual assets are created, how these are turned into registered and unregistered intellectual property rights and how these rights are enforced.sponsoring‹Committees:International Intellectual Property Rights Committee, International Commercial Transactions Committee, Customs Law Committee

program‹Chair‹&‹Moderator:Dr. Robert Harrison, 24IP Law Group, Paris, Francespeakers:Sarah Bailey, Simmons & Simmons, Paris, FranceChristian Fortmann, Licensing Industry Merchandising Association, Munich, GermanyHarald Hofmann, 24IP Law Group, Munich, Germany

7:00‹pm‹–‹9:00‹pmReception‹at‹the‹tribunal‹de‹Commerce‹de‹paris‹1 Boulevard du Palais, ParisWith thanks to our sponsor the Paris BarJoin the Section and the Paris Bar as they host you in this very special venue. The Palais de Justice originally was an ancient Royal Palace which housed the “Parlement de Paris”, a court that registered royal edicts, as well as the first Law Courts of France. In 1298, King Philip IV (“Le Bel” or “the Fair”) decided that the Palais de Justice was too small and ordered its enlargement. Archille de Harlay was the first Chief Justice of the Parlement, from 1562 to 1611.The Palais de Justice has always been the seat of the French courts. Since the 14th century, the elected representative of the Bar, carries a staff (“bâton”) from the Confrérerie of Saint Nicolas, thus being called the “Bâtonnier”. Until the Revolution, large receptions, official diplomatic conferences, fairs and carnivals were often held in the Palais de Justice. During the revolution, Marie Antoinette as well as Robespierre and Danton were condemned to death by the courts


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4 sitting in the Palais de Justice. Marie Antoinette was held prisoner until her execution in a building adjoining the Palais and called the “Conciergerie”. After the revolution, the Palais de Justice reverted to its original role as the seat of justice although book sellers often set up their stands in and around the columns of the Palais.Today, as its buildings occupy more almost 10 acres of land containing 24 kilometers of corridors, 7,000 doors and more than 3,150 windows with more than 15,000 people working there every day, it houses the French Civil and Criminal courts, the Appellate Courts and the Cour de Cassation, the highest civil and criminal court of France.

9:00‹pm‹–‹11:00‹pmCommittee‹DinnersTake advantage of the free time this evening to enjoy one of the many fine restaurants and quaint cafes that the city of Paris has to offer by organizing your committee members to assemble for dinner. This is a great opportunity to continue to network within your practice area with others at the meeting who share your same interests and have casual discussions over the dinner table; many of which will lead to new initiatives and committee programs developing for months to come after you return home.


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7:45‹am‹–‹8:45‹amCommittee‹BreakfastsNot sure whether to attend the committee business breakfasts? If you don’t attend, you may be missing the greatest benefit of Section membership. Our more than sixty committees cover every possible aspect of public and private international law. Most of the Section’s substantive work is conducted at the committee level. Committee business meetings provide a great opportunity to meet your Section colleagues, learn about and shape committee plans, and become more active in the Section. Section members can join as many committees as they wish—at no charge! Further details concerning the schedule of which particular committees will be meeting will be listed on the Fall Meeting website (www.abanet.org/intlaw/fall10) as well as in the On-Site Meeting Information Guide.


9:00‹am‹–‹10:30‹amICANN‹and‹its‹planned‹expansion‹of‹the‹Internet‹Domain‹Name‹system:‹A‹Return‹to‹the‹Wild‹West?CoRPoRAtE/tRAnSACtIonAL; CoRPoRAtE CoUnSEL/LAw PRACtICE; YoUnG LAwYERS

ICANN (the Internet Corporation for Assigned Names and Numbers) has evolved – or evolved itself – from an arcane, technical standards body to arguably one of the most important

Internet policy making organizations in the world. ICANN is charged with administering the Internet domain name system, effectively Internet navigation. It has commenced a controversial process to dramatically expand the number and kinds of domain names that can be registered and used. In the near future, words and phrases such as .software, .music, .books, etc. may be registered as “top level domains,” as could brand names and trademarks themselves. This expansion is vigorously opposed by many commercial groups and companies, as both unnecessary and expanding the possibilities for illegal activity online. This program will address the issues being considered by ICANN, and how domain name changes would impact intellectual property and commerce online.sponsoring‹Committees:International Intellectual Property Rights Committee, Task Force on Piracyprogram‹Chair‹&‹Moderator:Scott Bain, Software & Information Industry Association, Washington, DCspeakers:Michael Geist, University of Ottawa, Ottawa, Ontario, Canada (Invited)Janis Karklins, Internet Corporation for Assigned Names and Numbers (ICANN), Paris, France (Invited)David Maher, Public Interest Registry, Chicago, IllinoisMargie Milam, Internet Corporation for Assigned Names and Numbers (ICANN), Paris, France (Invited)


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9:00‹am‹–‹10:30‹ameu‹privacy‹Regulations:‹Conducting‹Due‹Diligence,‹Internal‹Inquiries‹and‹Discovery‹from‹the‹u.s.dISPUtE RESoLUtIon/LItIGAtIon; YoUnG LAwYERS

The EU privacy regulations present an array of thorny issues for U.S. practitioners. How does a company comply with discovery orders from U.S. courts and yet comply with the EU privacy regulations? How can due diligence or an internal investigation be conducted without an ability to convey or analyze data outside of the EU? How do smaller companies comply without ready access to safe harbors? What about whistleblowers and Sarbanes-Oxley obligations? What sort of resolution can be expected in the political and policy tug of war between the conflicting legal regimes? Working through a very realistic hypothetical associated with the host of issues bearing upon complying with the U. S. Foreign Corrupt Practices Act, leading experts will address these and related issues such as the application of the Hague Evidence Convention, the treatment of these regulations by U.S. courts, and the most recent developments with the French privacy regulations.sponsoring‹Committees:Private International Coordinating Committee, International Litigation Committee, International Securities and Capital Markets Committee, Europe Committee program‹Chair‹&‹speaker:Stuart H. Deming, Deming PLLC, Washington, DCprogram‹Chair‹&‹Moderator:David P. Stewart, Georgetown University Law Center, Washington, DC

speakers:Alex B. Blumrosen, Bernard-Hertz-Béjot, Paris, FranceElaine Metlin, Dickstein Shapiro LLP, Washington, DCLokke Moerrel, De Brauw Blackstone Westbroek, Amsterdam, The Netherlands

9:00‹am‹–‹10:30‹amLocal‹economics‹Meets‹global‹Migration:‹A‹global‹Review‹of‹Recent‹Restrictive‹Immigration‹Measures‹and‹their‹Impact‹on‹global‹MobilityIntERnAtIonAL tRAdE/REGULAtoRY; CoRPoRAtE/tRAnSACtIonAL

In the wake of the largest global downturn since the Great Depression, many countries have implemented extremely restrictive immigration measures ostensibly to protect their local economies and their local workforce. This program explores new immigration restrictions being imposed by countries, including the United Kingdom, India, Australia and the United States, and explores and analyzes both the local and the global impact of these restrictions. Does the economic analysis justify these measures? Who wins and who loses when migration of workers is restricted?This program will provide you with a practical update on specific immigration restrictions and how they may impact your clients, and will also arm you with an understanding of the economic arguments that underpin many countries’ immigration decisions, and the tools to evaluate whether the economic arguments support the legislative or regulatory changes. Finally, you will leave this program with an understanding of the wider impact on global mobility.


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sponsoring‹Committees:Europe Committee, Asia Pacific Committee, Mexico Committee, International Employment Law Committee program‹Chair‹&‹Moderator:Susan J. Cohen, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MAspeakers:Shalini Agarwal, ALMT Legal: Indian Advocates, London, United KingdomGabrielle M. Buckley, Vedder Price P.C., Chicago, IllinoisDavid Metcalf, London School of Economics, London, United Kingdom (Invited)James Perrot, PricewaterhouseCoopers, London, United Kingdom

9:00‹am‹–‹10:30‹amthe‹Role‹Of‹International‹Criminal‹Courts‹and‹tribunals:‹how‹Do‹We‹Measure‹success?PUBLIC IntERnAtIonAL LAw/RULE oF LAw; SPotLIGht on EURoPE

The most egregious crimes against humanity are being prosecuted in the International Criminal Court and International Criminal Tribunals. As these courts make great efforts to prosecute and hold violators accountable, it is important to consider how “success” is defined and measured by these courts. Are the courts exercising “victor’s justice”, or are all countries held equally accountable for human rights violations, including the United States? A roundtable of panelists will consider and debate these important questions and provide insight based on front-line experience. As leading advocates for these courts and tribunals, the panel will provide a broad variety of perspectives, coupled with extensive experience, in leading a formidable discussion on this topic.

sponsoring‹Committees:International Human Rights Committee, International Criminal Law Committee, International Courts Committee program‹Chair:Daryl A. Mundis, International Criminal Tribunal for the former Yugoslavia, The Hague, The NetherlandsRobert Gaudet, Jr., RJ Gaudet & Associates LLC, The Hague, The NetherlandsModerator:Ingrid Detter, 4-5 Gray’s Inn Square, London, United Kingdomspeakers:Matthew S. Carlson, International Criminal Tribunal for Rwanda, Arusha, TanzaniaBrenda Hollis, Special Court for Sierra Leone, Freetown, Sierra Leone (Invited)Peter McCloskey, International Criminal Tribunal for the former Yugoslavia, The Hague, The NetherlandsLuis Moreno-Ocampo, International Criminal Court, The Hague, The Netherlands (Invited)

9:00‹am‹–‹10:30‹amModels‹for‹Implementation‹of‹the‹1970‹uNesCO‹Convention‹on‹Cultural‹property:‹A‹Look‹Back‹and‹prognosis‹for‹the‹FuturePUBLIC IntERnAtIonAL LAw/RULE oF LAw

November 2010 is the 40th Anniversary of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The United States took the lead in negotiating the Convention in 1970 to help combat looting of archaeological sites and largely defined its terms. While domestic opposition delayed U.S. ratification and implementation until 1983, when Congress authorized application of import controls in


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certain situations, the U.S. was the first significant art market nation to restrict trade in archaeological and ethnological objects as a means of protecting the cultural heritage. In the past decade, several European market nations have joined the treaty regime but have chosen different means of implementation. This program offers the opportunity to review the Convention regime, to examine the different methods of implementation adopted by the U.S. and other market nations and to consider what has worked and what could be done better in the future to assure preservation of the world’s cultural heritage.sponsoring‹Committees:Art and Cultural Heritage Law Committeeprogram‹Chair:Mark Feldman, Garvey Schubert Barer, Washington, DCprogram‹Chair‹&‹Moderator:Patty Gerstenblith, DePaul University College of Law, Chicago, Illinoisspeakers:Cecilia Bakula, National Institute of Culture of Peru, Lima, Peru (Invited)Maria P. Kouroupas, Cultural Heritage Center, U.S. Department of State, Washington, DCFlora van Regteren Altena, Department for Cultural Heritage, The Hague, The Netherlands (Invited) Benno Widmer, Bundesamt für Kultur, Bern, Switzerland

10:30‹am‹–‹11:00‹amNetworking‹Break

10:30‹am‹–‹11:00‹am“how‹to”‹seriesThe Section’s “How To” Series continues with a focus on “Developing Programs with the Section”, “Section Publishing – How to Get Your Name in Print” and “Policy and the Section”. Each session will highlight key components for meeting attendees to learn more about each of these areas and how each can allow members – new and old alike – to become more involved in the Section’s activities.

11:00‹am‹–‹12:30‹pmControl‹vs.‹Freedom?‹Negotiating‹International‹Franchise‹AgreementsCoRPoRAtE/tRAnSACtIonAL; YoUnG LAwYERS

What are the key elements for a franchisor in setting up a successful international franchise? How do you best represent a franchisee in obtaining the benefits of the franchise while still maintaining some element of freedom for the client in conducting his or her business? What are the typical deal breakers in negotiating the contract and how do you deal with them? Answers to these questions, along with a closer look at some regulatory aspects that might surprise you, including dress codes and other labor law aspects, will leave you with a balanced, practical and very useful insight into international franchise from both the franchisor’s and the franchisee’s perspective.sponsoring‹Committees:Europe Committee, International Intellectual Property Rights Committee program‹Chair:Florian S. Jörg, Bratschi Wiederkehr & Buob, Zurich, Switzerland


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program‹Chair‹&‹Moderator:Anders Forkman, Advokatfirman Vinge, Malmoe, Swedenspeakers:Michael R. Daigle, Cheng Cohen LLC, Chicago, IllinoisStéphanie Godof, JeantetAssociés, Paris, FranceErik Wulff, DLA Piper LLP, Washington, DC

11:00‹am‹–‹12:30‹pmhow‹to‹protect‹the‹Deal‹–‹What‹Corporate‹Lawyers‹Need‹to‹know‹About‹Arbitration‹and‹how‹they‹Can‹Avoid‹pitfalls‹When‹preparing‹Arbitration‹ClausesCoRPoRAtE CoUnSEL/LAw PRACtICE; YoUnG LAwYERS

Our panel of leading international arbitration lawyers will provide an interactive overview for corporate attorneys regarding the crafting of enforceable international arbitration clauses. The panellists will present and discuss arbitration clauses in commercial/M&A agreements as well as agreements with state companies. The panel will discuss hidden pitfalls and implications of such clauses including: tiered clauses, consolidation, place of arbitration, number of arbitrators, allocation of costs, choice of law and the selection of the appropriate arbitral institution. The panel will also touch on the structuring of agreements to secure maximum protection under relevant bilateral and multilateral treaties for the protection of foreign investors. This panel is a must for all transactional lawyers.

sponsoring‹Committees:International Arbitration Committee, International M&A and Joint Venture Committee program‹Chair‹&‹speaker:Kevin O’Gorman, Fulbright & Jaworski L.L.P., Houston, Texasprogram‹Chair‹&‹Moderator:Justin D. Vineberg, Davies Ward Phillips & Vineberg LLP, Montréal, Québec, Canadaspeakers:Isabel Fernandez de la Cuesta, King & Spalding LLP, Houston, TexasJean-Christophe Honlet, Salans LLP, Paris, FranceManuel Liatowitsch, Schellenberg Wittmer, Zurich, Switzerland

11:00‹am‹–‹12:30‹pmephemeral‹Boundaries:‹Cross-Border‹Implications‹of‹Cloud‹ComputingdISPUtE RESoLUtIon/LItIGAtIon; IntERnAtIonAL tRAdE/REGULAtoRY; YoUnG LAwYERS

Cloud computing, in which electronic information is processed and stored over the Internet, poses fundamental challenges to the most revered concepts of the rule of law: geographic basis for statutes and regulations; jurisdiction based upon physical presence; and data protection and privacy laws based upon the location of tangible assets such as hardware and people. Privacy and data protection laws requiring standards of protection for transfer to certain jurisdictions may pose challenges to cloud arrangements. Re-evaluation of traditional notions of disclosure and discovery of information in the cloud may also be in the offing as the Cloud alters these paradigms. This interactive session will explore such areas as contractual protections;


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jurisdictional hurdles; privacy and data protection issues with regard to personal, sensitive or otherwise protected data in the Cloud; ownership user rights in intellectual property; and means to assure access to the data. sponsoring‹Committee:International Litigation Committee program‹Chair‹&‹Moderator:Kenneth N. Rashbaum, Rashbaum Associates, LLC, New York, New Yorkspeakers:Juliana Abrusio, Opice Blum Advogados Associados, São Paulo, Brazil (Invited)Theresa Beaufort, Google, Mountan View, CaliforniaAlex Blumrosen, Bernard-Hertz-Béjot, Paris, FranceFernando M. Pinguelo, Norris, McLaughlin & Marcus, P.C., Bridgewater, New Jersey

11:00‹am‹–‹12:30‹pmthe‹American‹Assault‹on‹tax‹havens‹–‹status‹ReportIntERnAtIonAL FInAnCE; PUBLIC IntERnAtIonAL LAw/RULE oF LAw

The White House, IRS, Treasury and Justice Department enforcement initiative aimed against individuals and companies who improperly utilize tax havens has significant implications for investors and businesses worldwide. The panel will review 2010 IRS initiatives, such as the enhanced enforcement of withholding tax compliance by non-financial businesses as well as financial institutions, and examine other international areas of IRS focus. The panel will discuss the 2010 Foreign Account Tax Compliance Act, aimed against under-reporting of income through the use of accounts and entities in offshore jurisdictions,

and 2011 budget proposals to reform the U.S. international tax system. In addition, recent developments in IRS summons litigation, international information exchange agreements and treaties and the OECD initiative will be presented.sponsoring‹Committees:International Tax Committee, International Corporate Counsel Forum, International Private Client Committee program‹Chair‹&‹speaker:Alan S. Lederman, Gunster Yoakley & Stewart P.A., Fort Lauderdale, FloridaModerator:Jose (Tony) A. Santos, Jr., Miami, Floridaspeakers:Wilhelm Haarmann, Haarmann Partnerschaftsgesellschaft, Frankfurt, GermanyBobbe Hirsh, Lipscomb, Brady & Eisenberg, PL, Chicago, Illinois

11:00‹am‹–‹12:30‹pmLiberalizing‹the‹gambling‹sector‹in‹europe‹and‹in‹the‹united‹statesSPotLIGht on EURoPE

The gaming and gambling industry represents today a major source of revenue for governments, operators and for some few lucky gamblers. Operators and end-users in this sector are differently treated depending of their “national” identity / “geographic” placement. This is because the current regulatory models vary from full prohibition of gambling activities, monopoly, licensing system and full liberalization. The U.S. law prohibitions for example where challenged at the WTO level by Antigua who claimed that they resulted in a total ban of the supply of gambling services from outside the U.S. to U.S. consumers.


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In Europe, a number of landmark cases have reversed the legitimacy of certain national gambling policies. In this changing environment, few governments such as France and Italy, are in the process of liberalizing this market. The shaping of these new regulatory models is questioned and represents a highly topical issue for the economic and legal world.sponsoring‹Committees:Europe Committee, International Commercial Transactions, Franchising and Distribution Committee program‹Chair:Aaron Schildhaus, Law Offices of Aaron Schildhaus, Washington, DCprogram‹Chair‹&‹Moderator:Martina Barcaroli, Vovan & Associés, Paris, Francespeakers:Claudia Ricchetti, Lottomatica, Rome, ItalyStefano Sbordoni, Sbordoni Studio Legale, Rome, ItalyChristel Shaldemose, European Parliament, Copenhagen, Denmark (Invited)Robert W. Stocker II, Dickinson Wright PLLC, Lansing, Michigan

12:45‹pm‹–‹2:15‹pmLuncheon‹with‹keynote‹speaker

2:30‹pm‹–‹4:00‹pmsocial‹Media‹in‹the‹WorkplaceCoRPoRAtE CoUnSEL/LAw PRACtICE; YoUnG LAwYERS

Social media such as Twitter and Facebook, has invaded the workplace, including company computers and company phones, even if not planned by corporates. Employees share their daily experiences, network with others professionally and personally, catch up with old friends and even

make new ones. The flip side to all of this online activity is that the flow of information is fast and difficult to control. For businesses, that’s exciting but also dangerous, particularly since that information could be a valuable trade secret of a fellow employee.This seminar discusses the most critical danger spots for most businesses and provides the “best practices” needed to take advantage of the possibilities of social networking without falling victim to its traps. Thereby, all employment aspects including potential liabilities of employers and employees will be highlighted.sponsoring‹Committee:International Employment Law Committee program‹Chair‹&‹Moderator:Ueli Sommer, Walder Wyss & Partners, Zurich, SwitzerlandModerator:J. Christopher Erb, The Erb Law Firm, PC, Philadelphia, Pennsylvaniaspeakers:Philip Berkowitz, Nixon Peabody LLP, New York , New YorkElaine Hutton, Apple, London, United Kingdom (Invited)Nicklas Lundblad, Google, San Francisco, California (Invited)Gwen Senlanne, Freshfields Bruckhaus Deringer LLP, Paris, France


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2:30‹pm‹–‹4:00‹pmA‹Mock‹Arbitration‹Involving‹International‹Investment‹Claims‹Arising‹from‹the‹u.s.‹Financial‹‹Crisis:‹Will‹the‹u.s.‹be‹Liable‹for‹the‹Financial‹Crisis?dISPUtE RESoLUtIon/LItIGAtIon; IntERnAtIonAL FInAnCE

The U.S. finds itself in the midst of the most severe financial crisis since the Great Depression of the 1930s. The U.S. Government has enacted measures in order to confront the financial crisis. Foreign investors who invested heavily in the U.S. have watched their investment severely affected by these government measures. A very real possibility exists that foreign investors will seek redress pursuant to international investment agreements. As the U.S. is signatory to forty-seven bilateral investment treaties, NAFTA and multiple free trade agreements, the potential for investment claims arising from government measures could prove to be significant. This program will feature a mock arbitration involving foreign investors seeking investment protection for claims arising out of the U.S. financial crisis. Mr. Roberto J. Aguirre Luzi will represent foreign investors. Mr. Aguirre Luzi’s practice focuses on international arbitration with an emphasis on international public law. Mr. Bart Legum will represent the Government. Mr. Legum has acted as lead counsel defending the U.S. Government in NAFTA investment arbitrations. The U.S. won every case decided under his tenure. The distinguished three-member Tribunal will include Ms. Yas Banifatemi, Ms. Carolyn

B. Lamm and Mr. Peter Turner as President and Moderator. The Tribunal will examine jurisdictional issues, expropriation, violation of the fair and equitable treatment standard, discriminatory treatment, state of necessity and preclusion before handing down an award.sponsoring‹Committees:International Arbitration Committee, International Financial Products and Services Committee, International Securities and Capital Markets Committeeprogram‹Chair:Carol Mawn, Paris, FranceMock‹tribunal‹Members:‹Yas Banifatemi, Shearman & Sterling LLP, Paris, FranceCarolyn B. Lamm, White & Case LLP, Washington, DCPeter Turner, Freshfields Bruckhaus Deringer LLP, Paris, FranceRepresenting‹Foreign‹Investors‹in‹the‹‹mock‹arbitration:Roberto J. Aguirre Luzi, King & Spalding LLP, Houston, TexasRepresenting‹the‹government‹in‹the‹‹mock‹arbitration:‹Bart Legum, Salans LLP, Paris, France

2:30‹pm‹–‹4:00‹pmCross-Border‹Real‹estate‹transactions‹in‹a‹slow‹Market,‹part‹III‹–‹the‹situation‹in‹europeIntERnAtIonAL FInAnCE; CoRPoRAtE/tRAnSACtIonAL

Part I of this interactive program focused on investments in the U.S., Part II focused on investments in developing countries. Part III will focus on the investment situation in Europe since the start of the financial crisis in the fall of 2008. This crisis brought cross-border real estate transactions in Europe to a near halt. Have funds started investing


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again in Europe? Has there been a change in the type of investments, vulture v. long-term? Are banks starting to lend again for real estate transactions? What are the pitfalls and ethical considerations attorneys and investors should be aware of in conducting cross-border transactions in Europe. How will the EU proposed Directive on Alternative Investment Fund Managers affect investments in Europe. A panel of attorneys and other real estate professionals will answer questions from a moderator and the audience about the situation in Europe in fall 2010. For anyone interested in what is happening in the European real estate and investment markets this is a must-attend program.sponsoring‹Committees:Cross-Border Real Estate Practice Committee, International Investment and Development Committee, International Tax Committee, International Private Clients Committeeprogram‹Chair‹&‹Moderator:Terry A. Selzer, Stampe, Haume & Hasselriis, Copenhagen, Denmarkspeakers:Claudio Cocuzza, Cocuzza & Associati, Milan, ItalyMichael Hornsby, Ernst & Young, Luxembourg, LuxembourgEvan Lazar, Salans LLP, Prague, Czech RepublicLaine Skopina, Liepa, Skopina, Borenius, Riga, Latvia

2:30‹pm‹–‹4:00‹pmeconomic‹Development‹and‹the‹Rule‹of‹Law‹in‹post-Conflict‹AfricaPUBLIC IntERnAtIonAL LAw/RULE oF LAw

Numerous African countries are involved in or have recently emerged from horrific civil wars. As countries struggle to transition themselves post

conflict, can rule of law initiatives such as institutional reform and democratic governance succeed when the root causes of conflict are not addressed? How can we break the cycle of impunity which exists in weakened economic states devoid of the benefits of the rule of law? This innovative program has been designed to provide a critical analysis of the connections between conflict and economic development. It will also focus on developing rule of law initiatives and practical peace-building strategies that encompass an economic development component. Participants will be engaged in a dynamic interaction with expert speakers who have intimate knowledge of the economic factors influencing the advancement of the rule of law in post-conflict Africa. sponsoring‹Committee:International Human Rights Commitee program‹Chairs:Adejoke Babington-Ashaye, International Criminal Court, The Hague, The NetherlandsPiper Hendricks, International Rights Advocate, Washington, DCModerator:Victor Mroczka, Hughes Hubbard & Reed LLP, Washington, DCspeakers:Adeyemi Babington-Ashaye, World Economic Forum, Geneva, SwitzerlandDeborah Enix Ross, Debevoise & Plimpton LLP, New York, New YorkNick Grono, International Crisis Group, Brussels, BelgiumJoss Saunders, Oxfam GB, Oxford, United Kingdom (Invited)


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2:30‹pm‹–‹4:00‹pmthe‹transatlantic‹Defense‹trade:‹‹A‹New‹Divide‹Between‹europe‹and‹‹the‹u.s.?SPotLIGht on EURoPE; IntERnAtIonAL tRAdE/REGULAtoRY

European authorities recently issued a new procurement directive governing defense procurement among the European member states. The purpose behind the directive seems benign: to foster the growth of an integrated European defense market. In practice, however, the directive may raise new barriers to those outside the EU, including U.S. exporters, and it points up growing stresses in European-U.S. relations in export controls and the defense trade.sponsoring‹Committees:International Procurement Committee, Aerospace and Defense Industries CommitteeOther‹sponsors:ABA Section of Public Contract Law, International Procurement Committeeprogram‹Chair:John Lowe, Qioptiq, Paris, FranceChristopher Yukins, The George Washington University School of Law, Washington, DCModerator:Michael Bowsher, Monckton Chambers, London, United Kingdomspeakers:Jeffrey Bialos, Sutherland Asbill & Brennan, Washington, DCBerthold Mitrenga, Beiten Burkhardt, Nuremberg, GermanyLorrine Romero, Thales-Raytheon Systems, LLC, Fullerton, California Klaus Wiedner, European Commission, Brussels, Belgium (Invited)


4:00‹pm‹–‹4:30‹pm“how‹to”‹seriesThe Section’s “How To” Series continues with a focus on “Developing Programs with the Section”, “Section Publishing – How to Get Your Name in Print” and “Policy and the Section”. Each session will highlight key components for meeting attendees to learn more about each of these areas and how each can allow members – new and old alike – to become more involved in the Section’s activities.

4:30‹pm‹–‹6:00‹pmenforcement‹of‹Foreign‹Judgments‹in‹the‹united‹states‹and‹in‹europedISPUtE RESoLUtIon/LItIGAtIon; SPotLIGht on EURoPE; YoUnG LAwYERS

European systems are reputed to be reluctant to enforce U.S. judgments. The concern regards mainly U.S. principles of personal jurisdiction and the U.S. approach to damages awards. Recent developments in the law of several European countries may however indicate a shift in the European perception to favor recognition of U.S. judgments. In the U.S., the enforcement of foreign judgments is a state matter. Most states have adopted a uniform law that requires enforcement, subject to limited exceptions. The new Hague Convention on Choice of Court Agreements has raised new issues in this area of the law. This program will explore the current state of U.S. and European laws relating to the enforcement of foreign judgments, including the impact of the new Convention, through arguments on


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the same facts before a mock U.S. and French court. sponsoring‹Committee:International Litigation Committee program‹Chairs‹&‹speakers:Guy S. Lipe, Vinson & Elkins LLP, Houston, TexasNathalie Meyer Fabre, Meyer Fabre Avocats, Paris, FranceModerator:David P. Stewart, Georgetown University Law Center, Washington, DCspeakers:Robert F. Brodegaard, Brodegaard & Simone LLC, New York, New York (Invited)Tim Portwood, Bredin Prat, Paris, France

4:30‹pm‹–‹6:00‹pmpublic‹private‹partnerships,‹europe.‹What‹do‹european‹Companies‹know‹that‹the‹Rest‹of‹the‹World‹Can‹Learn?IntERnAtIonAL FInAnCE; CoRPoRAtE/tRAnSACtIonAL

European companies and governments have been in the vanguard of establishing public private partnerships to solve their infrastructure needs. From motorways to rail transportation, partnering with government has helped European companies become some of the largest infrastructure investment and construction entities in the world. The Americas are learning from these examples. The expertise and experience began in Europe and as lawyers engage in cross border infrastructure and finance transactions, the European examples can teach all of us important lessons and what to expect for the foreseeable future. This program will bring together experts from Europe to compare and contrast what different governments have done and are currently doing, how projects are

financed and what they see as the future for the improvement of our aging infrastructure.sponsoring‹Committees:International Procurement, International Commercial Transactions, Franchising and Distribution Committeeprogram‹Chairs‹&‹Moderators:Andrew J. (Josh) Markus, Carlton Fields, Miami, FloridaPaul Lalonde, Heenan Blaikie LLP, Toronto, Ontario, Canadaspeakers:Marc Fornacciari, Salans LLP, Paris, FrancePatricia Gonzalez, Cintra, Barcelona, Spain (Invited)Valérie Robert, International Development Law Organization, Rome, Italy (Invited)David Wright, PPP Solutions Limited, London, United Kingdom (Invited)

4:30‹pm‹–‹6:00‹pmBriber‹Beware:‹International‹enforcement‹of‹the‹Foreign‹Corrupt‹practices‹Act‹and‹Related‹Anti-Corruption‹effortsIntERnAtIonAL tRAdE/REGULAtoRY; CoRPoRAtE CoUnSEL/LAw PRACtICE; YoUnG LAwYERS

A key enforcement priority for international agencies continues to be the Foreign Corrupt Practices Act (FCPA) along with preventative measures being taken by organizations such as the Organisation for Economic Co-operation and Development (OECD) and the United Nations (UN). Understanding the enforcement trends in these areas are essential for those engaged in international business transactions. Equally critical is an understanding of compliance steps which can be taken to avoid


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liability or which may be used to mitigate liability. This program will provide a practitioner’s approach to mitigating FCPA risk in diverse global organizations and provide a practical approach to managing a multi-disciplinary investigation for FCPA and commercial bribery violations. The program will also discuss recent developments in the field of commercial bribery and anti-money laundering with a focus on the European region. Panel members will discuss policy implications and suggest ways to more effectively prosecute and prevent anticorruption on a general level.sponsoring‹Committees:Young Lawyer’s Interest Network (YIN), Asia/Pacific Committee, International Arbitration Committee, International Anti-Money Laundering Committee, International Anti-Corruption Committee, U.S. Lawyers Practicing Abroad, Law Student, LL.M., and New Lawyer Outreach Committee program‹Chairs:Dan Pickard, Wiley Rein LLP, Washington, DCYevgenya Muchnik, Squire, Sanders & Dempsey L.L.P., Moscow, RussiaModerator:Joshua Fellenbaum, Mannheimer Swartling, Stockholm, Swedenspeakers:Prince Hassan, Amman, Jordan (Invited)Karl Hennessee, Airbus SAS, Blagnac, FranceFrances Kao, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IllinoisBarry O’Keefe, QC, Clayton Utz, Sydney, Australia

4:30‹pm‹–‹6:00‹pmLinking‹Corporate‹practices‹to‹‹human‹Rights‹Abuses:‹the‹New‹Approach‹to‹AccountabilityPUBLIC IntERnAtIonAL LAw/RULE oF LAw; CoRPoRAtE CoUnSEL/LAw PRACtICE

Corporate participation in human rights abuses has long been a concern, but increasingly, national courts have authorized legal remedies when such abuses occur. This program will explore the existing global trends in litigating corporate human rights cases, as well as legislative developments in this area. The panelists are at the forefront of the corporate human rights litigation movements in their respective countries and industries and promise to deliver experienced, insightful accounts of the direction in which the law is heading. The United States is in a critical phase right now with regard to these legal remedies in the wake of recent court rulings and recent declarations of the Obama Administration and the European Union has removed obstacles to multi-jurisdictional human rights litigation in the United Kingdom. In addition, a number of European countries have passed reporting legislation. Both the U.S. and Australia have also been looking at CSR legislation.sponsoring‹Committees:Africa Committee, International Human Rights Committee, International Litigation Committee, Europe Committee, Corporate Social Responsibility Committeeprogram‹Chairs:Gretchen C. Bellamy, Durham, North CarolinaNancy Kaymar Stafford, King & Spalding LLP, Atlanta, Georgia


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Moderator:Andrew Clapham, Graduate Institute of International and Development Studies, Geneva, Switzerlandspeakers:Christopher Avery, Business & Human Rights Centre, London, United Kingdom (Invited)Mary Robinson, Realizing Rights, New York, New York (Invited)John Ruggie, United Nations, Cambridge, Massachusetts (Invited)Shubhaa Srinivasan, Leigh Day & Co, London, United Kingdom (Invited)

4:30‹pm‹–‹6:00‹pmInternet‹piracy‹Folie‹a‹Deux:‹society’s‹stake‹in‹Initiatives‹for‹Ip,‹Commerce,‹Arts‹and‹pop‹CultureSPotLIGht on EURoPE; YoUnG LAwYERS

Piracy on the internet is the platform for the mad dance [folie a deux] of competing interests among ISPs, IP owners of film, tv, games, sports, art, music, e-commerce entities and telecommunications. Billions of dollars and euros disappear in the “ether” each year, as commerce, copyright and pop cultural icons are distributed in a vast and virtual world of tweets, and web sites like Facebook, myspace and others. Learn about John Doe litigation, safe harbors and Three Strikes solutions and other initiatives at this program which will also focus on the side effects of such initiatives. Attend this roundtable of global experts from diverse industries to learn how the U.S. and Europe have responded to this ever growing challenge. This program covers the most basic issue that confronts every person in today’s world of the web: How shall society mediate respect for privacy and access to culture, commerce, social networking and free expression?

sponsoring‹Committee:International Intellectual Property Rights Committeeprogram‹Chairs‹&‹Moderators:Jessica Darraby, The Art Law Firm, Los Angeles, CaliforniaBenoit Van Asbroeck, Bird & Bird, LLP, Brussels, Belgiumspeakers:Jay Cooper, Greenberg Traurig, LLP, Santa Monica, CaliforniaMarianne Grant, Motion Picture Association of America, Los Angeles, CaliforniaMarie Francoise Marias, HADOPI, Paris, France (Invited)Mita Mitra, British Telecom, London, United Kingdom (Invited)Marco Provvidera, Masci, Sassi, Provvidera & Associates, Rome, Italy

7:00‹pm‹–‹11:00‹pmChair’s‹Closing‹Reception‹at‹‹Musee‹d’Orsay‹1 Rue de la Légion d’honneur, ParisWith thanks to our sponsor JeantetAssociésOn the eve of the 1900 World Fair, the French government ceded the land to the Orleans railroad company, who, disadvantaged by the remote location of the Gare d’Austerlitz, planned to build a more central terminus station on the site of the ruined Palais d’Orsay. The project was a challenging one due to the vicinity of the Louvre and the Palais de la Légion d’honneur: the new station needed to be perfectly integrated into its elegant surroundings.The station and hotel, built within two years, were inaugurated for the World Fair on July 14, 1900. Laloux chose to mask the modern metallic structures with the façade of the


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hotel, which, built in the academic style using finely cut stone from the regions of Charente and Poitou, successfully blended in with its noble neighbors.Inside, all the modern techniques were used: ramps and lifts for luggage, elevators for passengers, sixteen underground railtracks, reception services on the ground floor and electric traction. The open porch and lobby continued into the great hall which was 32 meters high, 40 meters wide and 138 meters long. The Gare d’Orsay then successively served different purposes: it was used as a mailing centre for sending packages to prisoners of war during the Second World War, then those same prisoners were welcomed there on their returning home after the Liberation. It was then used as a set for several films, such as Kafka’s The Trial adapted by Orson Welles, and as a haven for the Renaud-Barrault Theatre Company and for auctioneers, while the Hôtel Drouot was being rebuilt. The hotel closed its doors on January 1, 1973, not without having played a historic role: General de Gaulle held the press conference announcing his return to power in its ballroom (the Salle des Fêtes).In 1975, the Direction des Musées de France already considered installing a new museum in the train station, in which all of the arts from the second half of the 19th century would be represented. The official decision to build the Musée d’Orsay was made by President Valéry Giscard d’Estaing’s initiative. The building was classified a Historical Monument in 1978 and a civil commission was created to oversee the construction and organization

of the museum. The President of the Republic, François Mitterrand, inaugurated the new museum on December 1, 1986, and it opened to the public on December 9.The Fall Meeting draws to a close in one of the most spectacular buildings of Paris, join the Section Chair and the Meeting Co-Chairs as you are surrounded by history to bid au revoir to another successful Fall Meeting.

11:30‹pm‹–‹1:30‹amAfter-hours‹Reception‹Location to be determined, ParisWith thanks to our sponsor the Association Internationale des Jeunes Avocats (AIJA)Not ready to say goodbye? Join Section members new and old at this after-hours event following the Chair’s Closing Reception. All Fall Meeting attendees are invited! Stop by to unwind and raise a glass to celebrate another exciting Fall Meeting and to all the new professional acquaintances you have made during the week.


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7:30‹am‹–‹9:30‹amCouncil‹Continental‹Breakfast

9:00‹am‹–‹1:00‹pmCouncil‹MeetingABA International’s Council, the Section’s policy-making body, will debate major policy initiatives and be addressed by many visiting dignitaries and bar leaders from outside the U.S. The Council Meeting is open to all Fall Meeting registrants; everyone is encouraged to attend.


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2 0 1 0 fa L L m e e T i N g g e N e r a L i N f o r m aT i o N

RegIstRAtIONs/eARLy‹BIRD‹DIsCOuNtsRegistrations must be postmarked no later than September 20, 2010, to receive the early bird discount. Registrations must be received by the Section office by October 15, 2010, for registrants to be included in the List of Attendees.

ReFuND‹pOLICy ■ Cancellations must be made in writing and received by the Section office by October 18, 2010, for a full refund of fees, less a $100 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 (luncheons only) 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.

ALL-INCLusIve‹RegIstRAtION‹pRICINgThe registration rates for the 2010 Fall Meeting are all-inclusive meaning that your registration fee (as applicable per rate category) includes tickets for each of the four (4) evening receptions; only luncheon and guest tickets are additional. If you have any questions about the registration process or the rate structure, please contact Jessica Smith, Meeting Planner, at [email protected] or at +1-202-662-1673.

eveNt‹tICketsWhile tickets for evening receptions are included in the registration fees for the Fall Meeting, luncheon and guest tickets must be purchased separately. These tickets can be purchased on the registration form or on-site the day before the event is scheduled. We regret that because we must guarantee our final numbers with the hotel and venues in advance of the event date, we can not sell same-day tickets. There will, however, be a board in the registration area where meeting attendees can exchange and gift tickets.


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hOteL‹ACCOMMODAtIONsThe host hotel for the 2010 Fall Meeting is The Westin Paris located at 3 Rue de Castiglione in Paris. The Westin Paris has reserved a limited block of rooms for the group until October 18, 2010, at the special low per night rate of 270 c (inclusive of taxes, daily breakfast and in-room Wi-Fi) per single room (additional 20 € for double occupancy). You are encouraged to make your reservations early as availability in the group room block is not guaranteed if the inventory is consumed prior to the date noted above. To reserve your accommodations at this hotel, please call 1-888-357-1078 (U.S. and Canada only) and reference the “ABA Section of International Law Fall Meeting.” Reservations may also be made online. Please visit the 2010 Fall Meeting web site at http://www.abanet.org/intlaw/fall10/ for additional details.

tRAveL‹ INFORMAtIONYou are encouraged to make your airline reservations via the online ABA Travel site where you automatically receive special negotiated ABA discounts on airfare and car rentals from a variety of carriers. Visit www.abanet.org/travel to make your travel arrangements. If you have not used this site before, it takes only a few moments to establish a username and password allowing you to immediately book your reservations.If you are traveling from a country that requires a Visa be issued, please be sure to start the application process well in advance. If you need any assistance during the process, please contact Jessica Smith, Meeting Planner, at [email protected] or at +1-202-662-1673.

DRess‹CODeFor the 2010 Fall Meeting, business attire is appropriate for programs and meetings as well as the planned social networking events.

MANDAtORy‹CONtINuINg‹LegAL‹eDuCAtION‹CReDIt‹ (MCLe)Accreditation has been requested for the 2010 Fall Meeting programs by the ABA MCLE Division from every state in the U.S. with general mandatory continuing legal education requirements for all lawyers admitted in that state. All appropriate paperwork will be available at the CLE Information Booth on-site at The Westin Paris. Information will be forthcoming as to whether this meeting will be offered for credit to New York “Transitional attorneys,” “Non-Transitional attorneys,” or both.In addition, CPD accreditation will also be available. Please visit The Law Society of England & Wales exhibit booth to sign up in for your CPD points.

eXhIBIt ‹AReAThe exhibition area (featuring exhibitors, sponsors and cooperating entity displays) will be open from Wednesday, November 3 through Friday, November 5 on the Ground Floor Level of The Westin Paris. Representatives


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from a variety of service providers catering to the legal community will showcase their latest products and services to aid you in your practice. If you are interested in partnering with the Section as an exhibitor or sponsor, please contact Audrey Lamb, Senior Meeting Planner, at [email protected] or at +1-202-662-1663.

15%‹MeetINg‹DIsCOuNt‹ON‹seCtION‹puBLICAtIONsStop by the Publications Display in the Registration and Exhibit Area on the Ground Floor Level of The Westin Paris to preview the most popular Section titles and receive a 15% discount on all publication orders.

2010 Fall Meeting registration ForM

Online registration is strongly encouraged. Pre-registration closes on Friday, October 15th, 2010. All registrations received after October 15th (including on-site registrations) will be subject to a 15% increase in price.

I. Registrant Information

ABA ID # (if applicable):

Name: (TYPE or PRINT your name CLEARLY as you wish it to appear on badge.)

Firm/Organization:

Address:

City:

State/Province/Region:

Postal Code: Country:

Telephone: Fax:

E-mail:

First-time attendee of a Section meeting?

II. Guest InformationOne guest is allowed per full-paid registrant. Guests may attend ticketed events ONLY but must purchase a ticket for entry. Guests will NOT be permitted into any CLE/CPD programming session unless they register as a conference attendee.

Name of Guest:

Firm/Organization:

�� Inclusive Guest Ticket for Evening Receptions @ $450 Qty ________*Individual guest tickets are available upon request*

III. Program Registration FeesFees are ALL INCLUSIVE. Admission includes all CLE programs and committee meetings (dinners excluded), and all Networking Breaks & Receptions. Early Bird Standard ChECk ONE OF ThE FOLLOwINg: by Sept. 20 Sept. 21 to Oct. 15* International Law Section Member Rates:

� Full Section Member $1195 $1355 � Full-time Law Student $595 $745 � Young Lawyer (35 years and under) $895 $1075 � Full-time Gov. / Academics / NGOs $895 $1075 � Corporate Counsel $895 $1075 � Wed., Thurs. OR Fri. Programming $495 $595

Non-Section Member Rates**: � Non-Member $1395 $1595 � Full-time Law Student $795 $1045 � Young Lawyer (35 years and under) $1095 $1335 � Full-time Gov. / Academics / NGOs $1095 $1335 � Corporate Counsel $1095 $1335 � Wed., Thurs. OR Fri. Programming $695 $795

MEMbER OF A COOPERATINg ORgANIzATION: $1195 $1355

Name of Entity:

IV. Ticketed Event FeesTickets are limited and subject to space availability on a first come, first served basis. Onsite ticket sales close 24 hours before the event takes place; note that tickets may not be available onsite. Please be sure to indicate below how many tickets you require for each event (include accompanying guests).Event Name Qty Total $

Wed., Luncheon with Keynote Speaker _____ @ $100 each _______

Thurs., Luncheon with Keynote Speaker _____ @ $100 each _______

Fri., Luncheon with Keynote Speaker _____ @ $100 each _______

�� Do you require special dietary needs? If so, please describe. ________

________________________________________________________

V. Sign Up for International Law Section Membership

Membership dues are free for ABA Members when registering for the 2010 Fall Meeting as a Non-Member or Member of a Cooperating Organization.

____ Lawyer Member* (a $55 value)

____ Associate * (a $55 value)

____ Law Student

*ABA Membership is a prerequisite of Section membership. If you are not already an ABA member, please call 800-285-2221 or visit membership’s website at http://www.abanet.org/intlaw/membership/home.html.

Please note: Free Section membership only applies to an individual who has not been a member of the Section at any time during the past two years.

VI. Purchase Extra Conference MaterialsConference Materials will be provided to registrants on CD-ROM at no extra cost. If you would like to purchase an additional meeting CD, please indicate the number below and submit payment. NOTE: You will not be eligible for CLE credit if you purchase a Meeting CD and are unable to attend the meeting.

�� Yes, I would like to purchase an additional CD-ROM @ $80 each

Qty:_______ Total Amount: $ _________

VII. Contribute to the Section’s Rule of Law Activities If you would like to make a tax deductible contribution to the Section’s Program Support Fund, which supports its rule of law, technical legal assistance, and international law-related educational public service activities, please do so below.

�� Yes, I would like to make a contribution to the Section’s Program Support Fund in the amount of $______________.

Please make checks payable to the ABA Fund of Justice and Education. Contributions will be received through the ABA Fund for Justice and Education, a 501(c)(3) charitable fund of the ABA. Gift acknowledgement will be sent to the address provided on this form. Note: If paying via credit card, your card will be charged twice: once for registration, and once for your contribution.

* All registrations received after October 15th (including on-site registrations) will be subject to a 15% increase in price

** go to Step Five to receive FREE Section membership! ($55 value)

VIII. Make Your PaymentRefunds will not be issued for cancellations received after October 18, 2010.

PAYINg bY CREDIT CARD:Please include the following information when making payment via credit card. Return this form by mail, fax (+1.202.662.1669) or email to [email protected].

Credit Card tyPe: ��Visa ��MasterCard ��American Express

Total Payment: $ ___________________________________________

Card Number: ___________________________________________

Expiration Date: ___________________________________________

Data Protection Notice - Please sign below: By submitting this completed 2010 Fall Meeting registration form, you are providing us with personal information. By registering and signing this form below, you consent to our use of that information to complete the registration process and to compile data which the Section may use for Section membership and programming purposes only. Your payment information, including credit card information is used only to process payment for your 2010 Fall Meeting registration fees and is not retained for any other purposes whatsoever.

Your signature:

Date:

PAYINg bY wIRE TRANSFER:Please include the following information when making payment via wire transfer:

In Dollars:Name of Section: American Bar Association, Section of International LawMeeting: 2010 Fall MeetingBank Name: Bank of America Bank Address: 730 Fifteenth Street, NW, Washington, DC 20009Bank Routing #: 054001204Account Name: American Bar AssociationAccount Number: 002086136405sWiFt Code: BoFaUs3n

In Euros:Name of Section: American Bar Association, Section of International LawMeeting: 2010 Fall MeetingBank Name: Bank of America N.A. London sWiFt Code: BoFaGB22iBan Code: GB89BoFa16505095687029Beneficiary: BOA Domestic Deposit # 5687 BOA Domestic Deposit Account # 600895687029Reference ABA Fund Account # 10976002

PAYINg bY ChECk:Please make check payments payable to the American bar Association in USD. Return this form by mail to the address below.

IX. Refund PolicyCancellations must be made in writing and received by the Section office by October 18, 2010, for a full refund of fees, less a $100.00 administration 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, email or fax, 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. Any refunds issued will be processed to the credit card on file for individuals who made registration payment via credit card.

X. Travel InformationThe host hotel for the 2010 Fall Meeting is The westin Paris located at 3 Rue De Castiglione, Paris, France 75001. The Westin Paris has reserved a limited block of rooms for the group until October 18, 2010, at the special low per night rate of 270€ per single room (additional 20€ for double occupancy) inclusive of daily breakfast buffet in the hotel and free in-room WiFi. You are encouraged to make your reservations early as availability in the group room block is not guaranteed if the inventory is consumed prior to the date noted above. Reservations may be made online. Please visit the 2010 Fall Meeting web site at http://www.abanet.org/intlaw/fall10/ for additional details.

You are encouraged to make your airline reservations online via the American Bar Association (ABA) travel site where you automatically receive specially negotiated ABA airfare and car rental discounts from a variety of carriers. Simply visit www.abanet.org/travel to make your travel arrangements. If you have not used this site before, it only takes a few moments to establish a username and password allowing you to immediately book your reservations.

XI. MCLE/CLE Credit and CPD HoursMCLE/CLE CREDIT:You will be required to fill in your State License Number on the MCLE/CLE sign in sheet at the 2010 Fall Meeting. Please come to the meeting with your license number(s) for those states you will be obtaining MCLE/CLE credit. MCLE/CLE credit has been requested. For delegates where MCLE/CLE is mandatory, a Certificate of Attendance will be provided onsite.CPD hours have been requested: For delegates from countries where CPD hours is mandatory, a Conference Certificate of Attendance will be provided onsite. For questions regarding MCLE/CLE credit and CPD hours please visit the CLE Information Booth at the Meeting.

XII. Let Us Know If You Require AssistancePlease indicate if, under the Americans with Disabilities Act, you require specific aid or service during your attendance at the 2010 Fall Meeting:

� Audio � Visual � Mobile

MAIL TO:

AbA Section of International Law2010 Fall Meeting Attention: Jessica Smith 740 Fifteenth Street, NW Washington, DC 20005 USA or fax to +1 202.662.1669

*Please allow up to three (3) weeks for processing.

*If you are completing the hard copy registration form and require a receipt please contact the Section office via email at [email protected]. Receipt and confirmation of registration will not be available until payment is received and processed.

Online registration is strongly encouraged. Pre-registration closes on Friday, October 15th, 2010. All registrations received after October 15th (including on-site registrations) will be subject to a 15% increase in price.

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LAW / RULE OF LAW SPOTLIGHT ON EUROPE YOUNG LAWYERS

TUESDAY, NOVEMBER 2, 2010

1:00-8:00 Registration

2:00-3:30 Doing Business in the CIS: Local Advice, Global Perspective

Judges Roundtable Doing Business in the CIS: Local Advice, Global Perspective

3:30-5:00 Meet the Section of International Law: Who We Are, Why We Are Here and What We Can Do for You!

Pathways to Employment in International Law

5:00-6:30 Legal Education International: A View from Europe

Legal Education International: A View from Europe

6:30-7:30 Speed Networking - A Fun Way to Meet ABA Members and Start the Fall Meeting

7:30-9:00 Opening Reception at The Westin Paris

WEDNESDAY, NOVEMBER 3, 2010


7:45-8:30 Meet Your Division Chairs Continental Breakfast

7:45-9:00 Continental Breakfast

8:30-9:00 Opening Plenary Session

9:00-10:30 Mergers & Acquisitions: A Brave New World

Executive Pay and Loyalty: Strategies for Global Employ-ers and Issues for Mobile Executives

Executive Pay and Loyalty: Strate-gies for Global Employers and Issues for Mobile Executives

Recent Trends in Antitrust Enforcement by National Competi-tion Authorities in Europe

Anatomy of International Arbitration

SHOWCASE

Protecting Cultural Property in the Event of Armed Conflicts

Mergers & Acquisitions: A Brave New World

Recent Trends in Antitrust Enforcement by National Competition Authorities in Europe

Protecting Cultural Property in the Event of Armed Conflicts

Globalized Law: How European States are Influenc-ing New Corporate Responsibility Standards

Executive Pay and Loyalty: Strategies for Global Employ-ers and Issues for Mobile Executives

Anatomy of International Arbitration

SHOWCASE

10:30-11:00 Networking Break and “How To” Series

11:00-12:30 Museums as the New Diplomats of International Relations: The Cultural Avatar for Rule of Law, Economic Growth and Nation Building

Europe’s North American Invasion - EU Bilateral Trade Agreements with Canada and Mexico vs. NAFTA

SHOWCASE

Rainmaking Woman-Style: Moving Past Unwritten Rules to Become Your Own Star

Status of Convergence between U.S. GAAP and IFRS: Implications for Corporate Counsel and Corporate Clients

Two Wrongs Don’t Make A Right? The Rise of Private Litigation and the Interplay with Public Antitrust Enforcement Around the Globe

Status of Convergence between U.S. GAAP and IFRS: Implications for Corporate Counsel and Corporate Clients

Two Wrongs Don’t Make A Right? The Rise of Private Litigation and the Interplay with Public Antitrust Enforcement Around the Globe

Europe’s North American Invasion - EU Bilateral Trade Agreements with Canada and Mexico vs. NAFTA

SHOWCASE

Museums as the New Diplomats of International Rela-tions: The Cultural Avatar for Rule of Law, Economic Growth and Nation Building

Rainmaking Woman-Style: Moving Past Unwritten Rules to Become Your Own Star

12:45-2:15 Luncheon with Minister of Economic Affairs, Industry and Employment of France, Madame Christine Lagarde

2:30-4:00 You Always Hurt the One You Love: Parent and Sibling Company Liability for Corporate Affiliates

Cultural Competency in a Global Arena: Diversity, Equality and Inclusion for the International Lawyer

You Always Hurt the One You Love: Parent and Sibling Company Liability for Corporate Af-filiates

A Postmortem of a Meltdown: Les-sons, Failures...and the Future

SHOWCASE

You Always Hurt the One You Love: Parent and Sibling Company Liability for Corporate Affiliates

A Postmortem of a Meltdown: Lessons, Failures...and the Future

SHOWCASE

Multi-Jurisdictional Merger Review: A 12 Step Program for Corporate Counsel and Transactional Lawyers

‘Round the World: A Good Governance Update


Multi-Jurisdictional Merger Review: A 12 Step Program for Corporate Counsel and Transactional Lawyers



4:30-6:00 Why There? The Unasked Questions About Selecting the Place of Arbitration

Going Global: How to Grow, Staff, and Manage an International In-House Legal Department

Stranger In A Strange Land: Cross-Cultural Issues in the Courts

SHOWCASE

Cross-Border Insolvencies in a Transatlantic Context: Recognition of Foreign Main Proceedings

Pricing and Distribution Across Borders: How to Avoid Antitrust Exposure

Stranger In A Strange Land: Cross-Cultural Issues in the Courts

SHOWCASE

Why There? The Unasked Questions About Selecting the Place of Arbitration

7:00-9:00 Reception at Hôtel de Ville

9:00-11:00 Committee Dinners

THURSDAY, NOVEMBER 4, 2010


7:45-8:45 Committee Breakfasts


9:00-10:30 Navigating a Rocky Economy - Legal Advice When Your Client or Counterparty is in Distress

Lost in Translation - Cross-Border Employment Law Issues for Multinational Employers

Class Actions: Will Emerging Concepts in U.S. Class Actions Find Their Way into European Judicial Systems and What Might the U.S. Learn from Europe?

Open Sesame: Demystifying Doing Business in Emerging Economies

Open Sesame: Demystifying Doing Business in Emerging Economies

Global Privacy, Data Protection and Security Across Borders

SHOWCASE


SHOWCASE


SHOWCASE

Class Actions: Will Emerging Concepts in U.S. Class Actions Find Their Way into European Judicial Systems and What Might the U.S. Learn from Europe?


11:00-12:30 Apples and Oranges: The Hazards of a Hasty Choice of Law in M&A Contracts

SHOWCASE

The Growth of Lobbying and Evolution of Lobbying Regulation: A Comparative Perspective

Victory Abroad: Successfully Taking and Defending Depositions Abroad

Apples and Oranges: The Hazards of a Hasty Choice of Law in M&A Contracts

SHOWCASE

Going Green Without Going Mad: Requirements, Challenges and Strategies for Compliance with REACH, the EU’s Most Recent Regulatory Regime

How to Share the Burden of Refugees in the European Union

How to Share the Burden of Refugees in the European Union

The Growth of Lob-bying and Evolution of Lobbying Regula-tion: A Comparative Perspective

Victory Abroad: Successfully Taking and Defending Depositions Abroad

12:45-2:15 Luncheon with Distinguished Speaker

2:30-4:00 Issues and Pitfalls when Negotiating and Enforcing Reps, Warranties and Indemni-ties in M&A Agreements

The Wages of Sin: Legal Consequences of Misclassifying Employees, Independent Contractors and Others

Arbitration Clauses in International Tax Treaties - Do They Work?

International Forum - Shopping, Regulatory Competition and Business as Legal Combat

SHOWCASE


International Forum-Shopping, Regulatory Competition and Business as Legal Combat

SHOWCASE

Expanding the Rule of Law Agenda to Achieve Greater Impact: Why Private International Law Matters to Good Governance, Economic Development and the Rule of Law

The Wages of Sin: Legal Consequences of Misclassifying Employees, Independent Contractors and Others


Issues and Pitfalls when Negotiating and Enforc-ing Reps, Warranties and Indemnities in M&A Agreements


4:30-6:00 Have Corporate Governance Models Achieved Their Goals During the 2007-2009 Crisis?

Proactively Avoid-ing Pitfalls that Kill Joint Ventures

Have Corporate Governance Models Achieved Their Goals During the 2007-2009 Crisis?

Who Pays for Litigation? - Cross-Border Differences in Funding

Proactively Avoiding Pitfalls that Kill Joint Ventures

Fashion as a Business: Intellectual Property in the Fashion Industry

National Security, Immigration and the Rule of Law

SHOWCASE

Fashion as a Business: Intellectual Property in the Fashion Industry

Who Pays for Litigation? - Cross-Border Differences in Funding

7:00-9:00 Reception at the Tribunal de Commerce de Paris

9:00-11:00 Committee Dinners

CORPORATE / TRANSACTIONALCORPORATE COUNSEL /

LAW PRACTICE DISPUTE RESOLUTION / LITIGATION INTERNATIONAL FINANCEINTERNATIONAL

TRADE / REGULATORYPUBLIC INTERNATIONAL

LAW / RULE OF LAW SPOTLIGHT ON EUROPE YOUNG LAWYERS

FRIDAY, NOVEMBER 5, 2010


7:45-8:45 Committee Breakfasts


9:00-10:30 ICANN and its Planned Expansion of the Internet Domain Name System: A Return to the Wild West?

Local Economics Meets Global Migration: A Global Review of Recent Restrictive Im-migration Measures and Their Impact on Global Mobility

ICANN and its Planned Expansion of the Internet Domain Name System: A Return to the Wild West?

EU Privacy Regulations: Conducting Due Diligence, Internal Inquiries and Discovery from the U.S.

SHOWCASE

Local Economics Meets Global Migration: A Global Review of Recent Restrictive Immigration Measures and Their Impact on Global Mobility

The Role of Inter-national Criminal Courts and Tribunals: How Do We Measure Success?

Models for Implementation of the 1970 UNESCO Convention on Cultural Property: A Look Back and Prognosis for the Future

The Role of International Criminal Courts and Tribunals: How Do We Measure Success?

EU Privacy Regu-lations: Conduct-ing Due Diligence, Internal Inquiries and Discovery from the U.S.

SHOWCASE

ICANN and its Planned Expansion of the Internet Domain Name System: A Return to the Wild West?


11:00-12:30 Control vs. Freedom? Negotiating International Franchise Agreements

How to Protect the Deal - What Corporate Lawyers Need to Know About Arbitration and How They Can Avoid Pitfalls When Preparing Arbitration Clauses

SHOWCASE

Ephemeral Boundaries: Cross-Border Implications of Cloud Computin

The American Assault on Tax Havens - Status Report

Ephemeral Boundaries: Cross-Border Implications of Cloud Computing

The American Assault on Tax Havens - Status Report

Liberalizing the Gambling Sector in Europe and in the United States

Control vs. Freedom? Negotiating Inter-national Franchise Agreements

Ephemeral Boundaries: Cross-Border Implications of Cloud Computing

12:45-2:15 Luncheon with Distinguished Speaker

2:30-4:00 Cross-Border Real Estate Transactions in a Slow Market, Part III - The Situation in Europe

Social Media in the Workplace A Mock Arbitration Involving International Investment Claims Arising from the U.S. Financial Crisis: Will the U.S. be Liable for the Financial Crisis?

SHOWCASE

Cross-Border Real Estate Transactions in a Slow Market, Part III - The Situation in Europe

A Mock Arbitration Involving International Investment Claims Arising from the U.S. Financial Crisis: Will the U.S. be Liable for the Financial Crisis?

SHOWCASE

The Transatlantic Defense Trade: A New Divide Between Europe and the U.S.?

Economic Development and Rule of Law in Post-Conflict Africa

The Transatlantic Defense Trade: A New Divide Between Europe and the U.S.?

Social Media in the Workplace


4:30-6:00 Public Private Partnerships, Europe: What Do European Companies Know that the Rest of the World Can Learn

Linking Corporate Practices to Human Rights Abuses: The New Paradigm in Accountability

Briber Beware: International Enforcement of the Foreign Corrupt Practices Act and Related Anti-Corruption Efforts

SHOWCASE

Enforcement of Foreign Judgments in the United States and in Europe

Public Private Partnerships, Europe: What Do European Companies Know that the Rest of the World Can Learn

Briber Beware: International Enforcement of the Foreign Corrupt Practices Act and Related Anti-Corruption Efforts

SHOWCASE

Linking Corporate Practices to Human Rights Abuses: The New Paradigm in Accountability

Internet Piracy Folie a Deux: Society’s Stake in Initiatives for IP, Commerce, Arts and Pop Culture



Briber Beware: Interna-tional Enforcement of the Foreign Corrupt Practices Act and Related Anti- Corruption Efforts

SHOWCASE

7:00-11:00 Chair’s Closing Reception at Musee d’Orsay

11:30 After-Hours Reception (Location TBD)

SATURDAY, NOVEMBER 6, 2010

7:30-9:30 Council Continental Breakfast

9:00-1:00 Council Meeting

ANTITRUST LAW “HOW TO” SERIES

WEDNESDAY, NOVEMBER 3, 2010

9:00-10:30 Recent Trends in Antitrust Enforcement by National Competition Authorities in Europe

10:30-11:00 “Developing Programs with the Section”, “Section Publishing – How to Get Your Name in Print” and “Policy and the Section”

11:00-12:30 Two Wrongs Don’t Make A Right? The Rise of Private Litigation and the Interplay with Public Antitrust Enforcement Around the Globe

2:30-4:00 Multi-Jurisdictional Merger Review: A 12 Step Program for Corporate Counsel and Transactional Lawyers


4:30-6:00 Pricing and Distribution Across Borders: How to Avoid Antitrust Exposure

THURSDAY, NOVEMBER 4, 2010

9:00-10:30 Open Sesame: Demystifying Doing Business in Emerging Economies Class Actions: Will Emerging Concepts in U.S. Class Actions Find Their Way into European Judicial Systems and What Might the U.S. Learn from Europe?


11:00-12:30

2:30-4:00


4:30-6:00

FRIDAY, NOVEMBER 5, 2010

9:00-10:30


11:00-12:30

2:30-4:00


4:30-6:00

MInI-tRacKS

2010 fall meeting · 2010. 8. 19. · 3 $ 5 , 6 6 2010 fall meeting aba section of international...

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