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FALL MEETING
2014
BUENOS
AIRES
A R G E N T I N A
HILTON BUENOS AIRES
OCTOBER 21-25, 2014
REGISTRATION
BROCHURE
Primary Meeting Sponsor
Dear Colleagues,
O
n behalf of the ABA Section of International Law (ABA International), we are pleased to invite you to a very
special Fall Meeting in Buenos Aires, Argentina, October 21-25, 2014. ABA International’s Fall Meeting is one
of the world’s most important gatherings of international lawyers. The 2013 Fall Meeting in London, England
welcomed more than 1000 attendees from 61 countries.
FALL MEETING ATTENDEES WILL INCLUDE:
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high-level practitioners with the largest and most respected global law firms;
lawyers from the most prominent regional and national firms inside and outside the U.S.;
corporate and in-house counsel;
small-firm and solo practitioners with significant international practices;
lawyers serving in government or with non-governmental organizations and inter-governmental
organizations; and
• academics.
ABA International is the home within the ABA for the world’s leading international practitioners, and the 2014 Fall
Meeting is a true “Must-Attend” meeting for lawyers with a practice or interest in international legal issues.
Please note:
Early Bird Registration Deadline is September 8, 2014. Take advantage of the low registration rates
for both individual and group attendees! For more information about group registration rates, please email
intlawmeetings@americanbar.org.
Pre-Registration Final Deadline is October 6, 2014. Online registration will be closed after this date. Onsite
registration will be available as of October 21st.
Hotel room block at the Hilton Buenos Aires Deadline is September 28, 2014. We have reserved a special
nightly rate of $269 (USD) plus VAT per room for single/double occupancy. This rate includes free wifi. Reservations
may be made online at http://bit.ly/1bwXqI9. The number of rooms available at this special rate is limited and
subject to selling out, so early booking is recommended.
WHAT WILL ATTENDANCE AT THE 2014 FALL MEETING OFFER YOU?
• Over 70 substantive continuing legal education sessions with world-class speakers;
• Cutting edge programming on the latest international legal and ethics issues;
• Networking opportunities with counterparts, decision makers and potential clients from around the world
who are active in international practice areas;
• An entire year’s worth of general CLE credits;
• Special programming for young lawyers, law students, and legal educators;
• Off-site events that will entertain registered spouses, guests and significant others; and
• Special Buenos Aires related events including a home hospitality dinner hosted by the Buenos Aires CityChapter, free tango classes and city tour (both subject to capacity limitations), Chairs Run/Power Walk, a
day out at the Gaucho Pampas, as well as free Malbec and a leather iPad case for all paid registrants.
OUTSTANDING NETWORKING OPPORTUNITIES!
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Tuesday, Hospitality Night (New!! Complimentary activity subject to availability)
Wednesday, Opening Reception at the Hilton Buenos Aires
Thursday, Reception at the Palacio Paz
Friday, Chair’s Closing Reception/Dinner/Dance at the Yacht Club Puerto Madero
LEARN, NETWORK, PARTICIPATE
• Learn the latest from top experts and receive information that is relevant to you in your international law
practice area;
• Network with the best and brightest international lawyers throughout the meeting, particularly at our twice
daily networking breaks, evening events and ticketed luncheons;
• Participate in specialized meetings with colleagues who share your areas of interest by attending
committee working business meetings, division breakfasts and committee dinners; and
• Visit exhibitors of dynamic products and services for the legal profession.
Join us at the crossroads of the world in the magical city of Buenos Aires for a spectacular Fall 2014 Meeting!
Sincerely,
Marcelo Bombau
Chair, ABA
Section of
International Law
Manuela Cavallo
Fabian Pal
Marcos Ríos
Sara Sandford
2014 Fall Meeting Co-Chairs
Carlos
Velázquez de León
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Welcome from the Mayor of Buenos Aires
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For the most up-to-date information, please visit: Ambar.org/ILFall2014
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2014 Fall Meeting Planning Committee
Current as of 6/19/14
Section Chair
Marcelo Bombau • M. & M. Bomchil Abogados •
Buenos Aires, Argentina
Steering Committee
Robert L. Brown • Bingham Greenebaum Doll LLP •
Louisville, Kentucky, USA
Christine M. Castellano • Ingredion Incorporated •
Westchester, Illinois, USA
Manuela Cavallo • Portolano Cavallo Studio Legale • Rome, Italy
Taylor Croley • American Bar Association Section of International
Law • Washington, DC, USA
Michelle Mattingly • American Bar Association Section of
International Law • Washington, DC, USA
Dixon F. Miller • Porter Wright Morris & Arthur LLP •
Columbus, Ohio, USA
Lelia Mooney • Partners for Democratic Change •
Washington, DC, USA
Fabian Pal • Fowler White Burnett • Miami, Florida, USA
Steven Richman • Duane Morris LLP • Princeton, New Jersey, USA
Marcos Ríos • Carey • Santiago, Chile
Fernando Gamiz • BDO Argentina • Buenos Aires, Argentina
Cristián Fox • Allende & Brea • Buenos Aires, Argentina
Laura Lavia Haidempergher • M. & M. Bomchil •
Buenos Aires, Argentina
Santiago M.J.A. Nicholson • Nicholson y Cano •
Buenos Aires, Argentina
Alfredo O’Farrell • Marval, O’Farrell & Mairal •
Buenos Aires, Argentina
Jorge Ortiz • Ortiz y Asociados • Buenos Aires, Argentina
Alejandro Poletto • Estudio Beccar Varela •
Buenos Aires, Argentina
Alexia Rosenthal • Tanoira Cassagne Abogados •
Buenos Aires, Argentina
Julio Rivera (jr) • Estudio Rivera • Buenos Aires, Argentina
Diego Serrano Redonnet • PAGBAM •
Buenos Aires, Argentina
Aaron Schildhaus • Rattagan, Macchiavelo, Arocena & Peña
Robirosa • Buenos Aires, Argentina
Pablo Vergara del Carril • Zang, Bergel & Viñes •
Buenos Aires, Argentina
Sara Sandford • Garvery Schubert Barer • Seattle, WA, USA
Marketing Committee
Jessica Smith • American Bar Association Section of International
Law • Washington, DC, USA
(and also members of the Planning Committee)
Carlos Velázquez de León • Basham Ringe Y Correa SC •
Monterrey, Mexico
Buenos Aires Honorary Host Committee
Roberto P. Bauzá • Rattagan, Macchiavello, Arocena & Peña
Robirosa • Buenos Aires, Argentina
Horacio E. Beccar Varela • Estudio Beccar Varela •
Buenos Aires, Argentina
Hernán Camarero • Richards, Cardinal, Tützer, Zabala & Zaefferer •
Buenos Aires, Argentina
Alejandro Ciero • Tanoira Cassagne Abogados •
Buenos Aires, Argentina
Pablo Crescimbeni • Curutchet-Odriozola Abogados •
Buenos Aires, Argentina
Saúl Feilbogen • VMF Vitale Manoff & Feilbogen •
Buenos Aires, Argentina
Carlos Velázquez de León • Basham Ringe Y Correa SC •
Monterrey, Mexico
Manuela Cavallo • Portolano Cavallo Studio Legale • Rome, Italy
Fabian Pal • Fowler White Burnett • Miami, Florida, USA
Christine M. Castellano • Ingredion Incorporated •
Westchester, Illinois, USA
Preeti Khanna • Berkeley School of Law • California, USA
Romina Redondo • Boston University / Universidad de Buenos Aires
• Boston, Massachusetts, USA
Saúl Feilbogen • VMF Vitale Manoff & Feilbogen •
Buenos Aires, Argentina
Sunita Doobay • TAXCHAMBERS, Tax Lawyers and Advisors •
Toronto, Canada
Eduardo Benavides • Berninzon & Benavides Abogados •
Lima, Perú
Lilian Vargas • Fimient • Chaco, Argentina
Pablo Ferraro Mila • GFM Gonzalez & Ferraro Mila •
Buenos Aires, Argentina
Quinn Smith • Gomm and Smith PA • Miami, Florida, USA
Adrián Furman • M. & M. Bomchil • Buenos Aires, Argentina
Diane Penneys Edelman • Villanova University School of Law •
Villanova, Pennsylvania, USA
Guillermo Malm Green • Brons & Salas Abogados •
Buenos Aires, Argentina
Hernán Slemenson • Marval O´Farrell & Mairal •
Buenos Aires, Argentina
Gerardo Viramonte (jr) • Viramonte & Asociados •
Córdoba, Argentina
Laurence P. Wiener • WSC Wiener-Soto-Caparros •
Buenos Aires, Argentina
Buenos Aires Planning Committee
Mariana Ardizzone • Maciel, Norman & Asociados •
Buenos Aires, Argentina
Felipe Arlía Goyeneche • Brons & Salas • Buenos Aires, Argentina
Vanesa Balda • Vitale, Manoff & Feilbogen •
Buenos Aires, Argentina
Mariela Caparrós • Wiener Soto Caparrós •
Buenos Aires, Argentina
Carlos Cernusco • Caballero, Rodriguez de la Puente & Laguinge •
Córdoba, Argentina
Gustavo Cedrone • Mitrani Caballero Ojam & Ruiz Moreno •
Buenos Aires, Argentina
Alejandro Chiappe • Grant Thornton Argentina •
Buenos Aires, Argentina
Juan María Del Sel • Fontán Balestra & Asociados •
Buenos Aires, Argentina
Marcelo Etchebarne, • Cabanellas Etchebarne Kelly •
Buenos Aires, Argentina
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Javier Etcheverry Boneo • Marval, O’Farrell & Mairal •
Buenos Aires, Argentina
Susan M. Wyckoff • Counsil, Baradel, Kosmeri & Nolan P.A. •
Annapolis, Maryland, USA
Sohom Datta • Georgetown University • Washington, DC, USA
Sponsorship Committee
(and also members of the Planning Committee)
Manuela Cavallo • Portolano Cavallo Studio Legale • Rome, Italy
Diane Penneys Edelman • Villanova University School of Law •
Villanova, Pennsylvania, USA
Thomas H. Norgaard • Debevoise & Plimpton LLP •
New York, New York, USA
Fabian Pal • Fowler White Burnett • Miami, Florida, USA
Marcos Ríos • Carey • Santiago, Chile
Hedwin Salmen-Navarro Esq. • Salmen Navarro & Lavergne, P.C. •
New York, New York, USA
Sara Sandford • Garvery Schubert Barer • Seattle, Washington, USA
Quinn Smith • Gomm and Smith PA • Miami, Florida, USA
Carlos Velázquez • Basham Ringe Y Correa SC •
Monterrey, Mexico
Planning Committee
Francisco Abriani • Freshfields Bruckhaus Deringer US LLP •
New York, New York, USA
Fernando Aguirre • Bufete Aguirre Soc. Civ • La Paz, Bolivia
Imran Ahmad • Cassels Brock Lawyers • Toronto, Canada
Roncevert Almond • The Wicks Group, PLLC •
Washington, DC, USA
Luis E. Lucero • Marval, O’Farrell & Mairal •
Buenos Aires, Argentina
Francisco Aninat • Bofill Escobar Abogados • Santiago, Chile
Robert E. Lutz • Southwestern Law School •
Los Angeles, California, USA
Juan Martín Arocena • Rattagan, Macchiavellp Arocena &
Pena Robirosa • Buenos Aires, Argentina
Darnella Banks • New York, New York, USA
Jeffery A Barnes • Borden Ladner Gervais LLP • Toronto, Canada
Shawn Bates • American University • Washington, DC, USA
Eduardo Benavides • Berninzon & Benavides Abogados •
Lima, Peru
Althia O. Bennett, Esquire • Law Offices of Althia O. Bennett, LLC •
Philadelphia, Pennsylvania, USA
William R. Black • W Black Law • Coto de Caza, California, USA
Ingrid Busson • Morgan Stanley • New York, New York, USA
Dario Cadena • Wiesner & Asociados • Bogotá, Colombia
Otavio Carneiro • Veirano Advogados • Rio de Janeiro, Brazil
Aurora Cassirer • Troutman Sanders LLP •
New York, New York, USA
Francisco Cerezo • Foley & Lardner LLP • Miami, Florida, USA
Andrew J. Markus • Carlton Fields • Miami, Florida, USA
Michael L. Martinez • Marriott International, Inc. •
Bethesda, Maryland, USA
Nancy Matos • Baker and McKenzie • Amsterdam, The Netherlands
Bruce A. McDonald • Buchanan Ingersoll & Rooney PC •
Alexandria, Virginia, USA
Meaghan McGrath Sutton • Washington, DC, USA
John L. Murino • Crowell & Moring LLP • Washington, DC, USA
Andrés Nieto Sánchez de Tagle • Von Wobeser y Sierra S.C. •
Mexico City, Mexico
Janis L. Nordstrom • Foley & Lardner LLP • Miami, Florida, USA
Thomas H. Norgaard • Debevoise & Plimpton LLP • New York,
New York, USA
Allyson Harris Owens • Howard County Office of Law •
Elliott City, Maryland, USA
Cecil Saehoon Chung • Yulchon LLC • Seoul, Korea
Marcelo Freitas Pereira • Siquiera Castro Advogados •
São Paulo, Brazil
Mykell Clem • Louisiana 4th Circuit Court of Appeals •
New Orleans, Louisiana, USA
Nikolaus Pitkowitz• GRAF & PITKOWITZ • Vienna, Austria
Domenica Colella • Orsingher Ortu – Avvocati Associati •
Rome, Italy
Kevin P. Ray • Greenberg Traurig, LLP • Chicago, Illinois, USA
Mattia Colonnelli de Gasperis • Colonnelli de Gasperis Studio
Legale • Milan, Italy
Mariano A. Conde de Frankenberg • Reed & Scardino LLP •
Austin, TX, USA
Jim Cornwell • Sands Anderson PC • Christiansburg, Virginia, USA
Ignasi Costas • Rousaud Costas Duran SLP • Barcelona, Spain
Sohom Datta • Georgetown University • Washington, DC, USA
Vasco de Jesus Rodrigues • VJR International Legal Consulting •
São Paulo, Brazil
Russell W. Dombrow, Esq. • Dombrow Law Firm •
Syracuse, New York, USA
Nicole Duclos • Covington & Burling LLP •
New York, New York, USA
Stanley W. Elkind, Q.C. • McLean and Kerr LLP • Toronto, Canada
R. D. (“Don”) Estes • Estes Law Firm P.A •
Minneapolis, Minnesota, USA
Rubén Ferrer • GOMEZ-ACEBO & POMBO LLP • New York,
New York, USA
Tina Gaynor • Florida Coastal School of Law • Florida, USA
Aureliano Gonzalez-Baz • Bryan Gonzalez Vargas & Gonzalez Baz
• Mexico
Peggy Kubicz Hall • Greene Espel P.L.L.P. •
Minneapolis, Minnesota, USA
Lucila Hemmingsen • DLA Piper • New York, New York, USA
Chai Hoang • Hofstra University School of Law/Hofstra University
Frank G. Zarb School of Business • USA
Christina Hultsch • Porter Wright Morris & Arthur LLP •
Columbus, Ohio, USA
Kristen Hunsberger • California Rural Legal Assistance •
Oxnard, California, USA
Joseph L. Raia • Gunster • Miami, Florida, USA
Jörg Rehder • Schiedermair Rechtsanwalt • Frankfurt, Germany
Mikhail Reider-Gordon • Navigant • Los Angeles, California, USA
John D. Roesser • Alston & Bird LLP • New York, New York, USA
Martina Rozumberkova, AVA, CBA, CFE, CAMS • BDO •
Boston, Massachusetts, USA
Maria Cibele Crepaldi Affonso dos Santos • Siquiera Castro •
São Paulo, Brazil
Lisa Savitt • Crowell and Morring • Washington, DC, USA
Mel Andrew Schwing • Yulchon LLC • Seoul, Korea
Peter S. Selvin • TroyGould PC • Los Angeles, California, USA
Mara Senn • Arnold Porter • Washington, DC, USA
Charles Siegel • Waters Kraus • Dallas, Texas, USA
Patrick F. Speice, Jr. • Academi • McLean, Virginia, USA
Walter Stuber • Walter Stuber Consultoria Jurídica •
São Paulo, Brazil
Margaret (Peggy) Taylor • U.S. Department of Justice •
Washington, DC
John Tollefsen • Tollefsen Law PLLC • Lynnwood, Washington, USA
Jose Alejandro Torres • Posse Herrera Ruiz • Bogota, Columbia
Maximiliano J. Trujillo • Tonio Burgos & Associates •
Washington, DC, USA
Alexandre Valle • V,M&L Sociedade de advogados •
São Paulo, Brazil
Sidney N. Weiss • Weiss Law • New York, New York, USA
Prof. Mark E. Wojcik • The John Marshall Law School •
Chicago, Illinois, USA
Erik Wulff • DLA Piper • Washington, DC, USA
Markus Zwicky • Zwicky Windlin and Partners • Zug, Switzerland
William P. Johnson • Saint Louis University •
St. Louis, Missouri, USA
Greg Kanargelidis • Blake, Cassels & Graydon LLP •
Toronto, Canada
Sacha A. Kathuria, Esq. • International Group Marketing •
Greensburg, Pennsylvania, USA
Carolyn A. Knox • Veirano Advogados • Rio de Janeiro • Brazil
Prof. dr. Marielle Koppenol-Laforce (M.E.) • Houthoff Buruma •
Rotterdam, The Netherlands
Zoe Sophia Kugeares, JAGC, USNR • U.S. European Command
Headquarters/ECJA • Stuttgart, Germany
Diana Laskaris • Chicago, Illinois, USA
Barton Legum • Dentons • Paris, France
For the most up-to-date information, please visit: Ambar.org/ILFall2014
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2014 Fall Meeting Sponsors
Primary Meeting Sponsor
Gold Sponsor
Premier Media Partner
Online Media Partners
Wednesday Welcome Reception Sponsor
Thursday Palacio Paz Reception, Tango Lessons, Malbec Wine, Buenos Aires City Excursion Sponsors
For the most up-to-date information, please visit: Ambar.org/ILFall2014
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Sponsors (continued)
Thursday Palacio Paz Reception, Tango Lessons, Malbec Wine, Buenos Aires City Excursion Sponsors (continued)
Friday Yacht Club Reception Sponsors
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Thursday Luncheon Sponsor
Program Materials Sponsor
Hotel Key Cards &
Welcome Flyers Sponsor
Lanyard Sponsor
Conference Pads & Pens Sponsor
Conference Ipad Holder Insert Sponsor
Panel Sponsor
Country Sponsors
Luxembourg
Switzerland
Ireland
Mexico
Italy
Meeting Supporters
For the most up-to-date information, please visit: Ambar.org/ILFall2014
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Sponsors (continued)
Publicity Sponsors
Media Sponsors
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For the most up-to-date information, please visit: Ambar.org/ILFall2014
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Cooperating Entities
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Ordem dos
Advogados do
Brasil - Seção
de São Paulo
For the most up-to-date information, please visit: Ambar.org/ILFall2014
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Meeting Agenda
Tuesday, October 21, 2014
8:00 am – 4:00 pm
Golf Outing
Space is limited and will be assigned on a first comefirst served basis. This event is subject to a minimum
number of registered attendees. If interested please
contact Gerardo Viramonte at gvm@viramonte.com.
ar or Pablo Ferraro Mila at pfm@gfmlegal.com prior to
September 22, 2014 for more details.
models for the practice of law are emerging. In this new
legal marketplace there will be front seat drivers and
those along for the ride. The CBA is taking a driver’s role
and is pursuing a comprehensive knowledge-based, client
focused, lawyer-driven initiative that has surveyed a broad
cross-section of stakeholders. The final report is to be
released in August 2014. This program will share what has
been learned and where the legal profession is going.
Presented in Conjunction with
12:00 pm – 7:30 pm
Fall Meeting Registration Open
12:00 pm – 3:00 pm
Council Meeting
The Council is the Section’s policy making body. At this
meeting the Council will debate major policy initiatives and
will be addressed by visiting dignitaries and bar leaders.
The Council Meeting is open to all Fall Meeting registrants.
SPEAKER:
Fred Headon, Air Canada, Montreal, QC, Canada
3:30 pm – 5:00 pm
3:30 pm – 5:00 pm
LEGAL PRACTICE / ETHICS
Join us for this “How to” program for both young lawyers
seeking to bring their skills to the global arena and
experienced practitioners who wish to expand their
practices into international law. Top practitioners speak
frankly about their formative experiences and tips they
have for developing an international practice.
Challenges for Women Professionals
in the 21st Century
Join us for a lively conversation between an Argentine
Supreme Court Justice and a former Section of
International law Chair. These two panelists from the
private and public sector will share their experience,
thoughts and feelings regarding the challenges that
women professionals face in these modern times. The
audience is open to men and women willing to analyze
how women are playing a significant and increasing
role in today´s workplace and economy and the constant
challenge of work/life balance.
PRIMARY SPONSORING COMMITTEE:
Women’s Interest Network (WIN)
PROGRAM CHAIRS:
Mariela del Carmen Caparrós, Wiener • Sotos •
Caparrós, Buenos Aires, Argentina
Alexia Rosenthal, Tanoira Cassagne Abogados,
Buenos Aires, Argentina
Vanesa Balda, Vitale, Manoff & Feilbogen,
Buenos Aires, Argentina
MODERATOR:
Meaghan McGrath Sutton, International Finance
Corporation, Washington, DC
SPEAKERS:
Gabrielle Buckley, Vedder Price, P.C., Chicago, IL
Elena Highton de Nolasco, Argentine Supreme Court
Justice, Buenos Aires, Argentina
3:30 pm – 5:00 pm
Get in the Driver’s Seat: What is Driving
Changes in the Legal Marketplace?
LEGAL PRACTICE / ETHICS
The Canadian Bar Association has undertaken the
CBA Legal Futures Initiative which is a research and
development initiative to gain a better understanding of
the future practice environment for lawyers. Significant
changes are underway in the legal marketplace and new
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MODERATOR & PROGRAM CHAIR:
Cyndee Todgham-Cherniak, Lexsage LLC,
Toronto, ON, Canada
Pathways to Employment in
International Law (NON-CLE)
PRIMARY SPONSORING COMMITTEE:
Young Lawyers’ Interest Network (YIN)
PROGRAM CHAIR:
Angela Benson, American Bar Association, Washington, DC
5:00 pm – 6:30 pm
Speed Networking
Start the Fall Meeting by meeting ABA International
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 other members and create future 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! By the time the session is over you’ll
be well on your way to collecting a fist-full of business
cards from the Fall Meeting and building a new network in
ABA International.
7:00 pm – 10:00 pm
Home Hospitality Reception
Members of the Buenos Aires legal community will
host Fall Meeting foreign attendees at their homes
for a “Hospitality Night.” Attendees may bring along
accompanying guests, spouses, and/or significant others.
Feel free to bring your host a small token from your
part of the world. Coordination and transportation will
be agreed among host and guests closer to the event.
There is a limited capacity so, if capacity is exceeded, a
random selection process will take place. The deadline for
registration is Sept 8. (Subject to space limitation and prior
coordination with host.)
Wednesday, October 22, 2014
6:50 am – 8:00 am
5k Run/2k Power Walk
Ticketed Event—$35
Join us for the a 5k Run/2k Power Walk through
the riverside area of Buenos Aires. Fee includes
refreshments & commemorative T-shirt.
8:00 am – 7:00 pm
Registration Area and Exhibit Hall Open
8:00 am – 8:50 am
Continental Breakfast & Committee
Breakfast Meetings
Sponsored by:
Join us for business meetings of many of ABA
International’s committees (“the engines of the
Section”). Learn about committee activities and
opportunities to become more active in the Section. If
you have any questions about planning for this event,
please contact Jonathan Lewis at jonathan.lewis@
americanbar.org.
9:00 am – 10:30 am
IP Licensing in Brazil and Argentina:
Problems and Opportunities
BUSINESS / REGULATION / COMPLIANCE
This program explores legal and practical aspects of
technology transfer operations with a special focus on
Brazil and Argentina. In Brazil, for instance, governmental
approvals of technology transfer contracts are required,
the concept of technology license (as opposed to definitive
assignment) is not accepted and permanent confidentiality
obligations are not permitted. In Argentina, there are
de facto restrictions that may prevent an Argentinian
licensee from remitting payments due under these
contracts outside the country. The panelists will provide
a detailed view of applicable restrictions and discuss the
alternatives that can be considered and implemented
by the companies in order to negotiate safe and
feasible contracts.
PRIMARY SPONSORING COMMITTEE:
International Intellectual Property Rights Committee
CO-SPONSORING COMMITTEE:
Latin American and Caribbean Committee
PROGRAM CHAIR & SPEAKER:
Daniel McGlynn, Emcore Corporation, Albuquerque, NM
PROGRAM CHAIR & MODERATOR:
Carlos Eduardo Eliziário de Lima, Dannemann Siemsen
Advogados, São Paulo, Brazil
SPEAKERS:
Pedro Berkenwald, Berken IP, Buenos Aires, Argentina
(Invited)
Adriana Grecco, Mercedes-Benz, São Paulo, Brazil
(Invited)
9:00 am – 10:30 am
Tsunamis, Shale and Sunshine:
The Changing Face of Power Generation
REGIONAL ISSUES / ENVIRONMENTAL
Germany is deactivating its nuclear power plants and it is
unclear what will replace the power needs of this energy
consuming economy. Chinese solar panel manufacturers
are scrambling for the last grain of solar rice while
‘death ray’ solar reflectors are being built in California.
The Greenies are shaking asparagus spears over fracking
in the U.S. and Brazil and Elon Musk has an electric car
that will go 0-60 in 4.2 seconds. What’s happening to the
world and will windmills come to the rescue? What are
the jurisdictional limits of the regulators? Will the courts
overrule the policy makers and is that even possible in
countries in Europe and Asia. Which entities will survive?
Find out when our panel of energy and finance experts
and surprise guests discuss energy consumption and
production and its effect on YOU.
PRIMARY SPONSORING COMMITTEE:
International Secured Transactions Committee
CO-SPONSORING COMMITTEES:
International Energy & Natural Resources Committee, Latin
American and Caribbean Committee
PROGRAM CHAIRS:
David Barrack, Fulbright & Jaworski LLP, New York, NY
Robin Phelan, Haynes and Boone, Dallas, TX
MODERATOR:
Richard Walsh, Global Risk Solutions LLC, Southampton, NY
SPEAKERS:
Ricardo Beller, Marval, O’Farrell & Mairal,
Buenos Aires, Argentina
Melissa Brown, AlixPartners, Houston, TX
Laura M. Nava, McKenna Long & Aldridge LLP,
San Diego, CA
9:00 am – 10:30 am
No Woman, No Peace!: A Scrutiny of
UNSCR 1325 & the Role of Gender
In Global Peace & Security
HUMAN RIGHTS
The devastating impact of war, with unjustifiable exclusion
of women from participation in peace processes persists
unabated globally. In 2000, United Nations Security Council
Resolution (UNSCR) 1325 was promulgated to address the
pivotal role women should play in conflict management,
peace negotiations and sustainable world peace. It was
unanimously adopted and gleefully embraced the world
over. Over a decade later, how effective has UNSCR
1325 been in the fulfillment of its primary objectives?
Are there valuable lessons to be learned from the many
action plans, guiding principles, standards and policies
instituted in its implementation in various parts of the
globe? In this stirring, graphic setting involving real-life
heartrending testimonies of victims, our panel of experts
will re-examine the efficacy of UNSCR 1325 in global
peace negotiations, agreements, political processes and
governance with a view to proffering enduring solutions of
global significance in its appropriate execution.
For the most up-to-date information, please visit: Ambar.org/ILFall 2014
15
Wednesday, October 22, 2014 (continued)
PRIMARY SPONSORING COMMITTEE:
Women’s Interest Network (WIN)
CO-SPONSORING COMMITTEES:
Diversity Committee, International Human Rights
Committee, International Models Project on Women’s
Rights (IMPOWR), International Pro Bono Committee,
NGO and Not-for-Profit Organizations Committee, UN &
International Organizations Committee
PROGRAM CHAIRS:
Olufunmi Oluyede, TRLPLAW, Lagos, Nigeria
Lisette Lavergne, Salmen Navarro & Lavergne, P.C.,
Los Angeles, CA
MODERATOR:
Aaron Schildhaus, Women Empowerment Now,
Buenos Aires, Argentina
SPEAKERS:
Agnes Hurwitz, UN Women, New York, NY
Netumbo Nandi-Ndaitwah, Initiator, UNSCR 1325,
Minister for Foreign Affairs, Namibia, Windhoek,
Namibia, South Africa (Invited)
9:00 am – 10:30 am
PE/VC in Latin America: Challenges
and Opportunities in a Growing
but Challenging Market
BUSINESS / REGULATION / COMPLIANCE
The Latin American environment for PE/VC investments
has been developing rapidly since the beginning of
the 21st century. In the past few years the industry
has witnessed many well-known international PE/
VC sponsors invest in Latin America, primarily in the
consumer, infrastructure, finance, technology and real
estate industries. Our panel will introduce and outline
the Latin American framework for PE/VC investing, and
discuss the challenges and opportunities of this business,
focusing particularly on the unique issues of the region
including perceptions of domestic and international
investors, participation of local pension funds, realities of
exit strategies, governance arrangements, fund formation
and operation, and emerging issues that will concern all
potential PE/VC investors in Latin America.
PRIMARY SPONSORING COMMITTEE:
International Private Equity and Alternative Investments
Committee
CO-SPONSORING COMMITTEE:
International Investment and Development Committee
PROGRAM CHAIRS:
Cathleen McLaughlin, Allen & Overy, New York, NY
João Otávio Pinheiro Oliverio, Campos Mello Advogados,
São Paulo, Brazil
MODERATOR:
David Silk, Wachtell, Lipton, Rosen & Katz, New York, NY
SPEAKER:
Gabriel Cohen, Pampa Energia, Buenos Aires, Argentina
9:00 am – 10:30 am
Will the Investors Come to Help You
Build It? How to Succeed with Needed
Redevelopment and Infrastructure Projects
M&A / FINANCE / TAX
In order to participate in infrastructure projects, foreign
investors seek good returns and a degree of safety.
Many governments, including Argentina, urgently need to
redevelop urban areas and build infrastructure. However,
the financial crisis along with external and internal factors
have created significant obstacles to external financing.
This program will provide an initial presentation, and
interactive ‘mock’ projects (featuring all attendees
working in groups) where a government agency seeks
to carry out an infrastructure project, and engages
international agencies and investors to establish the
necessary legal and financial structure. This diverse panel
of experts will discuss the challenges of large, complex
redevelopment and infrastructure projects and identify
key legal and economic requirements to succeed as well
as in identifying innovative solutions for projects requiring
intensive cooperation and foreign financing.
PRIMARY SPONSORING COMMITTEE:
Cross-Border Real Estate Practice Committee
CO-SPONSORING COMMITTEE:
International Investment and Development Committee
PROGRAM CHAIR & MODERATOR:
Alejandro Ciero, Tanoira Cassagne, Buenos Aires,
Argentina
PROGRAM CHAIR & SPEAKER:
Mariano Conde de Frankenberg, Reed & Scardino LLP,
Austin, TX
SPEAKERS:
Carlos Albarracín Milbank, Tweed, Hadley & McCloy LLP,
New York, NY
Terry Selzer, Husen Advokater, Copenhagen, Denmark
Guillermo Ucha, Citibank N.A., Buenos Aires, Argentina
José Virgílio Lopes Enei, Machado, Meyer, Sendacz e
Opice Advogados, São Paulo, Brazil
9:00 am – 10:30 am
Sovereign Debt Enforcement:
The U.S. Supreme Court Wades Into
the Argentinian Default Case
DISPUTE RESOLUTION / LITIGATION
PUBLIC INTERNATIONAL LAW / RULE OF LAW
This exciting program has a balanced panel that will
update you on the recent progression of this issue before
the U.S. Supreme Court and the reaction by Argentina to
a string of adverse U.S. court decisions. Is this attempt to
avoid sovereign debt repayment a battle of political will or
of selected country laws? Is selection of laws in favor of
unfriendly jurisdiction’s located thousands of miles from
the debtor nation fair to a country’s struggling efforts? Is
Argentina truly struggling? Why is Argentina any different
than other nations that have been forced to honor their
sovereign debt obligations with austerity and brutal
economic change?
PRIMARY SPONSORING COMMITTEE:
International Financial Products & Services Committee
CO-SPONSORING COMMITTEES:
International Commercial Transactions, Franchising and
Distribution, International Courts Committee, International
Investment and Development Committee, International
16
Litigation Committee, International M&A and Joint Venture
Committee, International Securities and Capital Markets
Committee, Latin American and Caribbean Committee,
Transnational Legal Practice Committee
PROGRAM CHAIR & MODERATOR:
Hernán D. Camarero, Richards, Cardinal, Tützer, Zabala &
Zaefferer, Buenos Aires, Argentina
PROGRAM CHAIR & SPEAKER:
Alan Rabkin, Heritage Bancorp, Reno, NV
SPEAKERS:
Miguel Angel Arrigoni, First Corporate Finance Advisors,
Buenos Aires, Argentina
Odette Lienau, Cornell Law School, Ithaca, NY
Professor Rodrigo Olivares-Caminal, Centre for
Commercial Law Studies, Queen Mary University of
London, London, United Kingdom
10:30 am – 11:00 am
Networking Break
11:00 am – 12:30 pm
Are Quotas for Women on Boards the
Answer in Latin America?: Leveraging
Best Practices Across Regions
HUMAN RIGHTS
BUSINESS / REGULATION / COMPLIANCE
Experts have maintained that a better gender balance
at the top offers substantial advantages for companies.
Among those are the fact that a balance between men
and women results in more balanced corporate decisionmaking, greater profitability and even the possibility to
avoid bankruptcy risks. But, if this is so, why do so few
women hold posts in company boards and management
positions? And numbers don’t lie. In the European
Union, women on average comprise less than 20% of
board members of the largest publicly listed companies.
Participation of women in corporate boardrooms is very
low in Latin America and the U.S. follows suit. For some
though, change is on the way This panel will explore these
emerging best practices.
PRIMARY SPONSORING COMMITTEE:
Diversity Committee
CO-SPONSORING COMMITTEES:
International Corporate Counsel Committee, Women’s
Interest Network (WIN), Young Lawyers Inters Network
(YIN)
PROGRAM CHAIR & SPEAKER:
Lisa Savitt, Crowell & Moring LLP, Washington, DC
PROGRAM CHAIR & MODERATOR:
Lelia Mooney, Partners for Democtratic Change,
Washington, DC
SPEAKER:
Paulette Brown, Edwards Wildman Palmer LLP,
Morristown, NJ
11:00 am – 12:30 pm
Bridging the Gap between Europe and
Latin America in Cross-Border Corporate,
M&A and Other Transactions: Bringing
Brussels to Buenos Aires and São Paulo to
Zurich and Crossing the Culture and Legal
Practice Tradition Divide in the Process!
BUSINESS / REGULATION / COMPLIANCE
M&A / FINANCE / TAX
South American & European cross-border transactional
activity has increased significantly in recent years due to a
combination of high growth potential and underpenetrated
markets. As a result, European investors are becoming
increasingly involved in transactions with South American
companies. This program will provide a unique forum
for lawyers from Europe and South America to provide
a comparative insight into the key legal issues and
practical difficulties encountered by the parties to such
transactions. The panel will address the common pitfalls
encountered by parties around issues such as language,
culture and tradition, regulatory framework and legal
enforcement with a particular emphasis on resolving such
issues and offer a practical insight into the do’s and don’ts
which are, in their experience, critical to the success or
otherwise of such deals.
PRIMARY SPONSORING COMMITTEE:
Europe Committee
CO-SPONSORING COMMITTEES:
International M&A and Joint Venture Committee
PROGRAM CHAIR & MODERATOR:
Pat English, Matheson, Dublin, Ireland
SPEAKERS:
Elena D. Bojilova, Jones Day, Brussels, Belgium
Patrick Del Duca, Zuber Lawler & Del Duca LLP,
Los Angeles, CA
Maria Lucila Escriña, Negri, Busso & Fariña,
Buenos Aires, Argentina
Florian S. Jörg, Brataschi Wiederkehr & Buob,
Zurich, Switzerland
11:00 am – 12:30 pm
Cross-Border Enforcement of Judgments in
the Americas: A Comparative Case Study
DISPUTE RESOLUTION / LITIGATION
With the current controversy and publicity over Chevron’s
challenge to the enforceability in the United States of a
judgment from Ecuador and the decisions of the Miami
district court and Eleventh Circuit in refusing enforcement
of a Nicaraguan judgment in the Osorio litigation, crossborder enforcement of judgments in the Americas is
a topic that not only presents interesting legal issues
but also significant political and diplomatic issues. This
program will utilize a hypothetical case study, including a
mock argument before a United States federal court, and
a panel discussion including legal experts from two South
American countries, to provide a comparative analysis of
the approach that is taken by courts in various countries
in the Americas to cross-border enforcement of judgments
and arbitral awards.
PRIMARY SPONSORING COMMITTEE:
International Litigation Committee
PROGRAM CHAIRS & SPEAKERS:
Robert Brodegaard, Brodegaard & Associates, New York, NY
Guy Lipe, Vinson & Elkins L.L.P., Houston, TX
For the most up-to-date information, please visit: Ambar.org/ILFall2014
17
Wednesday, October 22, 2014 (continued)
MODERATOR:
The Honorable Harvey Brown, First Court of Appeals,
Houston, TX (Invited)
PROGRAM CHAIR & MODERATOR:
Brigitte Gambini, Gambini International Law Office,
New York, NY
SPEAKERS:
Claudia Ines Benavides Galvis, Baker & McKenzie,
Bogotá, Colombia
Jimena Olmos, Perez Alati, Grondona, Benites and
Arntsen, Buenos Aires, Argentina
SPEAKERS:
Ingrid Busson-Hall, Morgan Stanley, New York, NY
Miguel Ángel Melero, Cuatrecasas, Gonçalves Pereira,
Madrid, Spain
Fabíola Emilin Rodrigues, Demarest Advogados,
Pinheiros, Brazil
Enrique M. Stiles, Marval, O’Farrell & Mairal,
Buenos Aires, Argentina
Judge Hon. Elizabeth S. Stong, U.S. Bankruptcy Court,
Eastern District of New York, New York, NY
11:00 am – 12:30 pm
Ethics in Billing: What Every International
Law Practitioner Must Know
LEGAL PRACTICE / ETHICS
This program will explore the ethics in billing where
cross-border issues are involved. Choice of law issues in
terms of the engagement letter as well as whose conflict
of interest law will apply, and to what extent that may be
agreed to in the engagement letter, will be explored. In
addition, alternative fee arrangements will be discussed,
as well as best practices in terms of billing.
PRIMARY SPONSORING COMMITTEE:
International Ethics Committee
PROGRAM CHAIR:
Robert E. Lutz, Southwestern Law School, Los Angeles, CA
PROGRAM CHAIR & MODERATOR:
Steven M. Richman, Duane Morris, New York, NY
SPEAKERS:
Pablo Ferraro Mila, Gonzalez & Ferraro Mila Abogados,
Buenos Aires, Argentina
Michael Martinez, Marriott International, Inc., Bethesda, MD
Elena Norman, Young Conaway Stargatt & Taylor, LLP,
Wilmington, DE
11:00 am – 12:30 pm
Privacy and Data Protection:
Business and Social Media
BUSINESS / REGULATION / COMPLIANCE
Business activities and social communications are now
without borders. In our travels, our electronic device
compulsions, and with information technology pervading
every aspect of our day-to-day lives, rendering frontiers
more permeable, how do we secure the information we
wish (or need) to keep confidential to protect our privacy,
our businesses and customers? Multinational corporations,
more frequently than ever before, must navigate between
U.S. litigation discovery demands seeking the production
of documents and information located in the European
Union and other countries with their own, often more
stringent, data protection requirements. This panel
will present the status of related banking, labor, and
information technology laws in the U.S., Latin America and
the EU with a focus on differences as a source of potential
conflicts in cross-border dealings, it will offer guidelines to
prevent, address, and resolve such conflicts.
PRIMARY SPONSORING COMMITTEE:
Foreign Legal Consultant Committee
CO-SPONSORING COMMITTEES:
Europe Committee, International Anti-Money Laundering
Committee, International Commercial Transactions,
Franchising and Distribution, International Intellectual
Property Rights Committee, International Litigation
Committee, National Security Committee, Privacy,
E-Commerce & Data Security Committee, U.S. Lawyers
Practicing Abroad
18
11:00 am – 12:30 pm
Rough Waters: Developing International Legal
Protections for Underwater Cultural Heritage
PUBLIC INTERNATIONAL LAW / RULE OF LAW
Last year France ratified UNESCO’s Convention on
the Protection of Underwater Cultural Heritage (UCH),
making it increasingly likely that the Convention will be
re-considered by other major maritime nations and its
provisions will begin to shape an international standard in
addressing issues such as the extent to which commercial
exploitation of discovered underwater heritage should be
permitted, the value of scientific exploration versus in situ
preservation, and questions of shared ownership between
indigenous groups and the flagship state. How have recent
cases shaped the international protections of underwater
cultural heritage, and how could these issues have been
addressed under the 2001 UNESCO UCH Convention?
This distinguished panel of professionals will discuss how
issues regarding commercial exploitation and concepts
of shared ownership have already developed in the area
of underwater cultural heritage, particularly in the context
of cases that have involved South American countries,
and how these issues could continue to evolve under the
standards set forth in the 2001 UNESCO UCH Convention.
PRIMARY SPONSORING COMMITTEE:
Art & Cultural Heritage Law Committee
CO-SPONSORING COMMITTEE:
UN & International Organizations Committee
PROGRAM CHAIRS:
Jacqueline Farinella, The Depository Trust & Clearing
Corporation, New York, NY
Kevin Ray, Greenberg Traurig LLP, Chicago, IL
PROGRAM CHAIR & MODERATOR:
Patty Gerstenblith, DePaul University College of Law,
Chicago, IL
SPEAKERS:
Dr. Dolores Elkin, CONICET and Instituto Nacional
de Antropología y Pensamiento Latinoamericano,
Buenos Aires, Buenos Aires, Argentina
James Goold, Covington & Burling LLP, Washington, DC
Mark Spalding, President, The Ocean Foundation,
Washington, DC
Ole Varmer, National Oceanic and Atmospheric Association,
Washington, DC
12:45 pm – 2:15 pm
Luncheon with Keynote Speaker
TICKETED EVENT—$75
2:30 pm – 4:00 pm
Cross-Border Enforcement of Court
Judgments and Arbitral Awards:
Opportunities, Pitfalls, Flaws, Remedies
DISPUTE RESOLUTION / LITIGATION
This program will examine the options available to parties
seeking recognition and enforcement of foreign judgments
and arbitral awards, including the substantial hurdles
that may need to be overcome in the process, taking into
account recent trends, landmark cases, important new
regulations, etc. In particular, this program will address
issues of enforcement against state entities and possible
remedies at the international level for denial of justice in
domestic enforcement proceedings.
Presented in Conjunction with
CO-SPONSORING COMMITTEES:
China Committee, International Arbitration Committee,
International Litigation Committee, Los Angeles County Bar
Association – International Law Section
PROGRAM CHAIR & MODERATOR:
Malcolm McNeil, Arent Fox LLP, Los Angeles, CA
SPEAKERS:
Hagit M. Elul, Hughes Hubbard & Reed LLP, New York, NY
William Savitt, Wachtell, Lipton, Rosen & Katz,
New York, NY
2:30 pm – 4:00 pm
Developing and Financing Renewable
Energy Projects in Latin America and the
Caribbean: Challenges and Opportunities
M&A / FINANCE / TAX
REGIONAL ISSUES / ENVIRONMENTAL
This program brings together senior representatives
from the sponsor/developer and financing sides of a
project finance transaction to discuss how to develop
and finance renewable energy projects in Latin America
and the Caribbean. This panel will walk you through the
issues involved at each stage of the project by using a
mock project as a basis for the discussion. The panelists
also will address topics such as: most investor-friendly
countries to develop renewable energy projects; factors
that support the growth of different renewable energy
technologies in different countries; lessons learned
from the region; and how developers and investors can
successfully collaborate to develop projects in the region
from 2014 onwards.
PRIMARY SPONSORING COMMITTEE:
International Investment and Development Committee
CO-SPONSORING COMMITTEES:
International Energy & Natural Resources Committee,
International Private Equity and Alternative Investments
Committee, Latin American and Caribbean Committee
Edgar B. Miller, General Counsel for Latin America, Enel
Green Power S.p.A, Santiago, Chile (Invited)
Lara M. Rios, Deputy General Counsel, ContourGlobal,
New York, NY
Elizabeth M. Robberechts, Senior Investment Officer,
Inter-American Development Bank, Santiago, Chile
2:30 pm – 4:00 pm
Global Distribution of Entertainment Content
in the Digital Era: Rights, Action, Roll ‘em
BUSINESS / REGULATION / COMPLIANCE
This panel continues the collaboration between the
ABA Section on International Law and the ABA Forum
on Entertainment & Sports Industries, combining the
globalism of SIL with the drama and broad audience
appeal of sports and entertainment. This panel launches
a discussion on live performance and media rights,
exploitation, and the transition from traditional lines
of distribution to distribution worldwide on multiple
platforms. Panelists will share strategies on corporate,
intellectual property, joint ventures and revenue incentives
for live entertainment performances, television, film and
music, comparing traditional deals to new models like
streaming, digital downloads and cloud storage, along
with industry efforts to repurpose traditional products on
new platforms.
PRIMARY SPONSORING COMMITTEE:
New Media & Content Innovation Committee
CO-SPONSORING COMMITTEES:
International Intellectual Property Rights Committee,
Latin American and Caribbean Committee,
Russia/Eurasia Committee
PROGRAM CHAIR & MODERATOR:
Alexandra Darraby, Art Law Firm, Los Angeles, CA
SPEAKERS:
Pablo Crescimbeni, Curutchet-Odriozola Abogados,
Buenos Aires, Argentina
Richard Idell, Idell & Seitel, LLP, San Francisco, CA
María Natalia Pennisi, Moeller IP Advisors,
Buenos Aires, Argentina
2:30 pm – 4:00 pm
Investment in Latin America: Essential
Protections and Potential Pitfalls
PUBLIC INTERNATIONAL LAW / RULE OF LAW;
BUSINESS / REGULATION / COMPLIANCE
Latin America is a popular and exciting investment
destination, particularly for investors from China. Past
experience has shown that a number of Latin American
states have interfered with foreign investments. This
session will look at the protections available under
domestic legislation and international law for investors
into Latin America, with a particular focus on investments
into Argentina, Brazil, Colombia, Chile, Peru and Venezuela.
The session will also take into consideration multilateral
arrangements applicable to certain of these countries and
will address both juridical relief and quasi-political options.
PROGRAM CHAIR:
Jeffrey Goodman, Norton Rose Fulbright, Washington, DC
PRIMARY SPONSORING COMMITTEE:
China Committee
PROGRAM CHAIR & MODERATOR:
Amala Nath, Norton Rose Fulbright, Washington, DC
CO-SPONSORING COMMITTEE:
International Arbitration Committee
SPEAKERS:
Alexander Evans, Assistant General Counsel, Overseas
Private Investment Corporation, Washington, DC
PROGRAM CHAIR:
Brenda Horrigan, Herbert Smith Freehills LLP,
Shanghai, China
For the most up-to-date information, please visit: Ambar.org/ILFall2014
19
Wednesday, October 22, 2014 (continued)
MODERATOR:
Christian Leathley, Herbert Smith Freehills LLP,
London, United Kingdom
2:30 pm – 4:00 pm
More Art than Law?: What a Lawyer Needs
to Know about Drafting a Legal Opinion
LEGAL PRACTICE / ETHICS
Legal opinions are always required in international
transactions although in many countries there are no
law provisions. In these cases, the opinion givers should
express their opinions and choose their words carefully,
sometimes with art and creativity but always with
professional ethics. This interactive panel will discuss the
drafting of a legal opinion and compare the approaches
that are best practice in various jurisdictions. Among the
panelists there will be common law lawyers discussing
the types of opinions they would typically expect to give or
receive and civil law lawyers discussing the problems they
face in giving the type of opinion requested.
PRIMARY SPONSORING COMMITTEE:
International M&A and Joint Venture Committee
CO-SPONSORING COMMITTEES:
International Commercial Transactions, Franchising and
Distribution Committee, International Financial Products &
Services Committee
PROGRAM CHAIR & MODERATOR:
Vanesa Balda, Vitale, Manoff & Feilbogen,
Buenos Aires, Argentina
SPEAKERS:
Maria Cibele Crepaldi Affonso dos Santos, CWTP
Advogados, São Paulo, Brazil
Randall Hanson, Womble Carlyle Sandridge & Rice, LLP,
Greensboro, NC
Rony Zimerman, Bofill Mir & Alvarez Jana, Santiago, Chile
2:30 pm – 4:00 pm
Women’s Empowerment through Land
Ownership: New Strategies in the Global
Agenda for Human Rights and Development
HUMAN RIGHTS
PUBLIC INTERNATIONAL LAW / RULE OF LAW
Securing land tenure is a vital means of advancing gender
equality and women’s empowerment. Although many
countries recognize equal land rights for women and
men, effective implementation remains a challenge. The
problem is exacerbated by cultural norms that undermine
women’s access, use and control over land. Policymakers and advocates are turning their attention to two
trends with the potential to transform the debate on a
global scale. One is grounded in human rights, and the
other in development. This panel of experts drawn from
international agencies, advocacy groups and academia
will assess the opportunities for bolstering women’s land
rights. They will make special reference to the poor and
indigenous populations in Central and Latin America,
where widespread land insecurity leads to a further
erosion of human rights and economic opportunities.
PRIMARY SPONSORING COMMITTEE:
20
CO-SPONSORING COMMITTEES & ORGANIZATIONS:
International Human Rights Committee, Seasoned Lawyers
Interest Network (SIN), Women’s Interest Network (WIN),
Women’s Empowerment Now (WEN - Buenos Aires,
Argentina)
PROGRAM CHAIRS:
Dr. Isabella D. Bunn, Oxford University Regents Park
College, Oxford, United Kingdom
Aileen Pisciotta, Executive Counsel PLC, Washington, DC
SPEAKERS:
Dr. Beatriz Martorello, President, Women’s
Empowerment Now Foundation, Buenos Aires, Argentina
Denise Gorfinkiel, UNESCO Regional Office for Latin
America and the Caribbean, Montevideo, Uruguay
Rosario Quispe, Asociación Warmi Sayajsunqo, Abra
Pampa, Jujuy, Argentina (Invited)
4:00 pm – 4:30 pm
Networking Break
4:30 pm – 6:00 pm
The Ethics of Transnational Practice:
A Roundtable of Current Issues
LEGAL PRACTICE / ETHICS
This program will focus on two current developments that
continue to receive attention-alternate business structure
and cross-border conflicts of interest. First, alternative
Business Structures (ABS ), as a new business model
for the practice of law, involves discussion of the risk of
conflicts, absence of protection of the privilege, lack of
quality control. Ultimately, the question is whether the
fears are justified? What benefit(s) go to the consumer;
from the access to justice perspective, does ABS provide
more affordable models? The second point of discussion
will focus on conflicts of interest and the Transnational
Practitioner, and discuss the impact of differing legal
cultures, multi-jurisdictional teams, and applicable rules.
PRIMARY SPONSORING COMMITTEE:
International Ethics Committee
PROGRAM CHAIR:
Steven M. Richman, Duane Morris, New York, NY
PROGRAM CHAIR & MODERATOR:
Robert E. Lutz, Southwestern Law School, Los Angeles, CA
SPEAKERS:
Javier Canosa, Canosa Abogados, Buenos Aires, Argentina
Alexandra Darraby, The Art Law Firm, Los Angeles, CA
Delphine Pujos, Linklaters, Paris, France
Diego Serrano Redonnet, Perez Alati, Grondona, Benites
Arntsen & Martinex de Hoz, Buenos Aires, Argentina
Sidney N. Weiss, New York, NY
4:30 pm – 6:00 pm
Avoiding Collateral Damage: Implementing
Anti-Bribery Compliance Programs
and Conducting Internal Investigations
in Different Legal Environments
BUSINESS / REGULATION / COMPLIANCE
When “we don’t speak the same legal language,” serious
misunderstandings and unforeseen consequences can
arise in implementing anti-bribery compliance programs
and conducting internal investigations in unfamiliar legal
settings. Problems can become more pronounced when
common law and civil law trained attorneys seek to
address obligations now being imposed by the Foreign
Corrupt Practices Act, the UK Bribery Act, and other legal
regimes in Latin American and in other foreign settings.
Latin American practitioners with extensive experience
working with foreign counsel will be joined by U.S. and UK
defense attorneys, with backgrounds as prosecutors, in
fleshing out the range of issues that can serve as a basis
for misunderstandings with a view to providing insight as
to how to overcome these pitfalls.
PRIMARY SPONSORING COMMITTEE:
International Anti-Corruption Committee
CO-SPONSORING COMMITTEES:
Corporate Social Responsibility Committee, International
Anti-Money Laundering Committee, Latin American and
Caribbean Committee
PROGRAM CHAIR & SPEAKER:
Stuart H. Deming, Deming PLLC, Washington, DC
MODERATOR:
Michelle Blaine, Blaine & Maney, Houston, TX
SPEAKERS:
Roberto Bauzá, Rattagan, Macchiavello, Arocena & Peña
Robirosa, Buenos Aires, Argentina
Vivian Robinson QC, McGuireWoods London LLP, London,
United Kingdom
Celina Ozorio, L.O. Baptista, Schmidt, Valois, Miranda,
Ferreira, Agel, Rio de Janeiro, Brazil
4:30 pm – 6:00 pm
M&A in the Defense and Aerospace Industry:
Tales From the Trenches and Lessons Learned
M&A / FINANCE / TAX
BUSINESS / REGULATION / COMPLIANCE
Acquiring or selling a company involved in the defense
sector represents specific challenges. The acquirer is often
a well-established company with robust processes and
a long history of compliance. Yet, they rely on acquisition
of smaller-size technology companies, sometimes in
a foreign jurisdiction, but often with activities in other
jurisdictions, to expand and diversify their lines of products
and markets. This often creates a clash of cultures that
cannot be ignored. The program will discuss these specific
challenges from the points of view of a buyer, of an
investment banker and external counsels. The discussion
will touch upon, among other things, procurement issues,
licenses, export controls, anti-corruption measures,
intellectual property and employment.
PRIMARY SPONSORING COMMITTEE:
Aerospace and Defense Committee
CO-SPONSORING COMMITTEE:
International M&A and Joint Venture Committee
PROGRAM CHAIR:
Nancy A. Matos, Baker & McKenzie Amsterdam N.V.,
Amsterdam, The Netherlands
PROGRAM CHAIR & MODERATOR:
Dominique Babin, BCF , Montreal, QC, Canada
SPEAKERS:
Brigadier General José Augusto Crepaldi Affonso, Chief
of Air Force Programs Office, Brazilian Air Force,
São Paulo, Brazil
José Guilherme Berman, Barbosa, Müssnich & Aragão
Advogados, Rio de Janeiro, Brazil
4:30 pm – 6:00 pm
Maputo Protocol: The Journey So far
HUMAN RIGHTS
The protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa (also known as
the Maputo Protocol) was adopted by the African Union
in Maputo, Mozambique on July 11, 2003, with a view to
addressing the civil, political, economic, social and cultural
concerns and challenges faced by African women and girls
daily. Now in its eleventh year of existence, how has the
Maputo Protocol fared globally? What progress has been
made by non-governmental organizations in its ratification,
domestication and implementation? Are women the better
for its promulgation in endorsing States? Global experts
will assess the true significance, impact and progression
of this all-important treaty, whilst addressing challenges
faced by state parties.
PRIMARY SPONSORING COMMITTEE:
NGO and Not-for-Profit Organizations Committee
CO-SPONSORING COMMITTEES:
Diversity Committee, International Human Rights
Committee, International Models Project on Women’s
Rights (IMPOWR), International Pro Bono Committee, UN &
International Organizations Committee, Women’s Interest
Network (WIN)
PROGRAM CHAIRS:
Olufunmi Oluyede, TRLPLAW, Lagos, Nigeria
Mairi Maloney, Boulder, CO
MODERATOR:
Sheila Muwanga Nabachwa, International Federation for
Human Rights (FIDH), Kampala, Uganda
SPEAKER:
Shukri Gesod, Oxfam GB, Nairobi, Kenya
Angela Melo, UNESCO, Paris, France
Evelyne Opondo, Center for Reproductive Rights,
Nairobi, Kenya
Rainatou Sow, Make Every Woman Count, Guinea
4:30 pm – 6:00 pm
Plug Your Lamp Next Door: Energy
Integration Efforts in the Andean Region
REGIONAL ISSUES / ENVIRONMENTAL
Cross border supply of energy has been in the regional
agenda for a while but it has proven not to be a easy
exercise. A panel of leading specialists from across the
Andean region will discuss if recent legislation as well
as other initiatives will contribute to materialize the
integration of power and natural gas markets.
PROGRAM CHAIR:
Luis Bedoya, Rodrigo, Elias & Medrano Abogados,
Lima, Peru
MODERATOR:
Jean Paul Chabaneix, Rodrigo Elías Medrano, Lima, Peru
SPEAKERS:
Enrique Barrios, Guevara & Gutiérrez, La Paz, Bolivia
Elisabeth Elijuri, Norton Rose Fulbright,
Caracas, Venezuela
Sebastián Pérez-Arteta, Pérez Bustamante & Ponce,
Quito, Ecuador (Invited)
Álvaro José Rodríguez, Posse, Herrera & Ruiz,
Bogotá, Colombia
Daniel Urbina, IC Power, Lima, Peru
For the most up-to-date information, please visit: Ambar.org/ILFall2014
21
Wednesday, October 22, 2014 (continued)
4:30 pm – 6:00 pm
Sovereignty Rules? Implications of Recent
U.S. Court Decisions Involving Argentina
PUBLIC INTERNATIONAL LAW / RULE OF LAW
Much of the aftermath of Argentina’s 2001 debt crisis
played out in the courtrooms of the Southern District
of New York and the Second Circuit Court of Appeals.
These cases, which often make front-page news in
Argentina, have shaped-and re-shaped-U.S. law on the
rights of sovereign debtors, making the United States
an attractive forum for sovereign nations’ creditors. This
panel of leading lawyers and experts, some of whom
were directly involved in these litigations, will focus on
the recent U.S. court cases involving the Republic of
Argentina. The discussion will include the U.S. Supreme
Court’s look at BG Group v. Argentina, the Second Circuit’s
recent watershed pari passu decision in NML Capital v.
Argentina, and the Supreme Court’s decision regarding
discovery of Argentina’s assets and those of its alleged
alter egos. The panelists will also contrast those U.S.
cases with rulings adopted in cases involving Argentina in
other domestic courts. This promises to be a lively debate
about the legal underpinnings of these decisions and their
greater impact on international relations, sovereign debt
restructuring, and the role that ‘sovereignty’ plays in the
commercial arena.
PRIMARY SPONSORING COMMITTEE:
International Arbitration Committee
CO-SPONSORING COMMITTEES:
International Litigation Committee, Middle East Committee
PROGRAM CHAIR:
Yasmine Lahlou, Chaffetz Lindsey LLP, New York, NY
MODERATOR:
Jennifer L. Permesly (Gorskie), Chaffetz Lindsey LLP,
New York, NY
SPEAKERS:
Marcelo Etchebarne, Cabanellas Etchebarne Kelly,
Buenos Aires, Argentina
Joseph E. Neuhaus, Sullivan & Cromwell LLP,
New York, NY
Matthew Page, Eversheds LLP, London, United Kingdom
Ignacio Torterola, Foley Hoag LLP, Washington, DC
22
7:00 pm – 10:00 pm
Opening Reception at Hilton
Buenos Aires Terrace
Macacha Güemes 351
Proudly Sponsored by:
The 2014 Fall Meeting’s kickoff event will be an
excellent opportunity to reconnect with friends from
prior meetings and make new ones. This reception will
highlight the diversity of the Section, so please feel
welcome whatever your background and especially if
this is your first time attending a Fall Meeting. Heavy
hors d’oeuvres & drinks will be served.
One ticket per person is included for meeting attendees
who have registered for the entire conference as part of
your Fall Meeting registration fee.
9:00 pm – 11:00 pm
Committee Dinners
Take advantage of free time this evening to enjoy one
of the many fine restaurants that Buenos Aires has to
offer. 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; many of which will lead to new initiatives
and committee programs developing for months to
come after you return home. If you have any questions
about planning for this event at the Fall Meeting,
please contact Jonathan Lewis at jonathan.lewis@
americanbar.org. All restaurants will be within walking
distance of the Hilton Buenos Aires Hotel.
Thursday, October 23, 2014
8:00 am – 7:00 pm
Registration Area and Exhibit Hall Open
8:00 am – 8:50 am
Continental Breakfast & Committee
Breakfast Meetings
Sponsored by:
Join us for business meetings of many of ABA
International’s committees (“the engine of the
Section”). Learn about committee activities and
opportunities to become more active in the Section. If
you have any questions about planning for this event,
please contact Jonathan Lewis at jonathan.lewis@
americanbar.org.
8:00 am – 8:50 am
Women’s Networking Breakfast
Join the women of the ABA Section of International Law
for a networking breakfast and learn more about the
ABA Women to Women International Business Initiative
launched by Past ABA President Laurel Bellows.
9:00 am – 10:30 am
Educating the Future Transnational
Lawyer: Models of Legal Education and
Legal Scholarship in Latin America
LEGAL PRACTICE / ETHICS
The model for training and educating tomorrow’s lawyers
used in Latin America is in many ways is fundamentally
different from the model used in the United States. Yet, as
the legal profession experiences a major change, so too
must the academy change and grow with it, in order to
better prepare today’s students for tomorrow’s challenges.
In this program, experts in legal education from various
jurisdictions in Latin America and from the United States
will discuss and debate the advantages and disadvantages
of different models of legal education in use in the
Americas. The moderators will facilitate a spirited
discussion and will include voices from the audience in
the conversation, so that educators and practitioners
from Latin America and the United States can learn from
one another.
PRIMARY SPONSORING COMMITTEE:
International Legal Education and Specialist Certification
CO-SPONSORING COMMITTEES:
Latin American and Caribbean Committee, Law Student,
LL.M., and New Lawyer Outreach Committee, Mexico
Committee, Seasoned Lawyers Interest Network (SIN),
Young Lawyers Interest Network (YIN)
PROGRAM CHAIR:
William P. Johnson, Saint Louis University, St. Louis, MO
PROGRAM CHAIR & MODERATOR:
Diane Edelman, Villanova University School of Law,
Villanova, PA
SPEAKERS:
Paulo Brancher, Barretto Ferreira e Brancher – Sociedade
de Advogados (BKBG) & Pontifícia Universidade Católica de
São Paulo, São Paulo, Brazil
Verónica Sandler, Universidad Argentina de la Empresa
(UADE), Buenos Aires, Argentina
9:00 am – 10:30 am
Global Anti-Corruption Enforcement
Efforts in the Post-Recession World:
Latin America and Beyond
BUSINESS / REGULATION / COMPLIANCE
PUBLIC INTERNATIONAL LAW / RULE OF LAW
One of the few positive outcomes of the global economic
recession has been an opportunity for increased global
anti-corruption enforcement, with many countries’
populations becomingly increasingly dissatisfied with
government corruption and calling for reform. At the same
time, many Latin American economies have experienced
faster-than-average recoveries from the recession, and
quickly growing markets in these countries could pose
increased risks for corruption.This panel will address
the increased cooperation among global enforcement
agencies, especially in the years since the recession
began, with a focus on renewed efforts at collaboration
between U.S. enforcement agencies and those in South
America, including Argentina, Brazil and Mexico.
PRIMARY SPONSORING COMMITTEE:
International Trade Committee
CO-SPONSORING COMMITTEES:
International Corporate Counsel Forum, Latin American
and Caribbean Committee, Mexico Committee
PROGRAM CHAIR & SPEAKER:
Daniel Pickard, Wiley Rein, Washington, DC
SPEAKERS:
Guillermo Jorge, Guillermo Jorge & Asociados,
Buenos Aires, Argentina
Roberto Silva, SAPA Aluminum Brasil,
Buenos Aires, Argentina
9:00 am – 10:30 am
LATAM Investments Reviewed: Keep Your
Friends Close and Your Enemies Closer
M&A / FINANCE / TAX
During the last decade, major investors from and into
Latin America have come under boosted scrutiny from
governments based on a growing perception that they
have been excessively reducing their global effective
tax rates. What has been done in response to that
perception? These governments have strengthened their
treaty networks and introduced or refined domestic rules.
Investors now face increasing challenges to tax planning
from controlled foreign corporation, transfer pricing, thin
capitalization and upstream taxation rules. This program
will focus on recent developments in Argentina, Brazil,
Mexico and Colombia as well as important court decisions
to counter base erosion and international tax planning, and
their practical impact on international trade and inbound
and outbound transactions and planning in the region.
PRIMARY SPONSORING COMMITTEE:
International Tax Committee
For the most up-to-date information, please visit: Ambar.org/ILFall2014
23
Thursday, October 23, 2014 (continued)
CO-SPONSORING COMMITTEES:
International Corporate Counsel Forum, International
Financial Products & Services Committee, International
M&A and Joint Venture Committee, Latin American and
Caribbean Committee, Mexico Committee
PROGRAM CHAIR:
Luiz Felipe Centeno Ferraz, Mattos Filho, Veiga Filho,
Marrey Jr e Quiroga Advogados, São Paulo, Brazil
PROGRAM CHAIR & MODERATOR:
Manuel Benites, Perez Alati, Grondona, Benites, Arntsen
& Martinez de Hoz, Buenos Aires, Argentina
SPEAKERS:
Alex Fischer, Carey y Cía. Ltda, Santiago, Chile
Flavio Mifano, Mattos Filho, Veiga Filho, Marrey Jr e
Quiroga Advogados, São Paulo, Brazil
Juan Guillermo Ruiz, Posse Herrera Ruiz,
Bogotá, Colombia
Guillermo Villaseñor Tadeo, Sánchez Devanny Eseverri,
Mexico City, Mexico
9:00 am – 10:30 am
The Uruguay-Argentina Paper Mill
Dispute: A River Runs Through It
DISPUTE RESOLUTION / LITIGATION
Since 2005, Uruguay and Argentina have been embroiled
in a dispute over Uruguay’s authorization of construction of
pulp and paper mills on the Uruguay River that defines the
border between the two countries. Argentina’s concerns
about pollution from the operations led to heated debates,
road blockades and plans for armed intervention when
diplomatic efforts failed to produce results. The dispute
was brought before both the International Court of Justice
(ICJ) and the Mercosur Tribunal, where Uruguay prevailed.
The panelists, who have been personally involved in the
matter, will detail the positions of Argentina, Uruguay,
the local populace and the paper mill as they discuss
arguments made before the ICJ. In addition, the panel will
discuss the impact of the ICJ and Mercosur rulings as well
as the World Bank/IFC reports on current activities in the
two disputing countries.
PRIMARY SPONSORING COMMITTEE:
International Environmental Law Committee
CO-SPONSORING COMMITTEES:
International Courts Committee,International Investment
and Development Committee,Latin American and
Caribbean Committee, Law Student, LL.M., and New
Lawyer Outreach Committee
PROGRAM CHAIR:
Renee Martin-Nagle, Environmental Law Institute,
Washington, DC
PROGRAM CHAIR & MODERATOR:
Alicia Cate, U.S. Department of State, Washington, DC
SPEAKERS:
Marianela Bruno, Embassy of Uruguay, Washington, DC
(Invited)
Raul Estrada-Oyuela, Ministry of Foreign Affairs,
Argentina
Jorge Daniel Taillant, Center for Human Rights and
Environment (CEDHA), Cordoba, Argentina
24
9:00 am – 10:30 am
Being the Good Global Corporate Citizen:
Dealing with the Current Business
Guidelines and Standards of Conduct
for Multinational Corporations
HUMAN RIGHTS
PUBLIC INTERNATIONAL LAW / RULE OF LAW
With the recent development and adoption of guidelines
and standards of conduct regulating business conduct
with respect to human trafficking, labor rights, privacy,
etc., including UN Guidelines, it is clear that the rules
are changing for multinational corporations operating in
disparate jurisdictions. The panel will present and clarify
this new order of business responsibility and conduct, the
risks and the best practices for dealing with the current
business and regulatory environment.
PRIMARY SPONSORING COMMITTEE:
International Corporate Counsel Forum
CO-SPONSORING COMMITTEES:
Corporate Social Responsibility Committee, International
Ethics Committee, International Human Rights Committee,
International Trade Committee, Latin American and
Caribbean Committee, Transnational Legal Practice
Committee, UN & International Organizations Committee
PROGRAM CHAIR:
William Black, Montserrat Solar, Inc., Coto de Caza, CA
PROGRAM CHAIR & MODERATOR:
Catherine Vernon, Sarasota, FL
SPEAKERS:
Meredith Barg Stone, NACCO Materials Handling Group
Inc, Greenville, NC
Nigel Roberts, Lexis Nexis, New York, NY
Norman Greene, Schoeman Updike Kaufman Stern &
Ascher, LLP, New York, NY
Elizabeth Turchi, The Hague, The Netherlands
10:30 am – 11:00 am
Networking Break
11:00 am – 12:30 pm
Closing Courts Down: Residual
Mechanisms and the After-Life of
International Criminal Courts
PUBLIC INTERNATIONAL LAW / RULE OF LAW
A variety of criminal courts established over the past 25
years adjudicated violations of international law. These
courts include the International Criminal Tribunal for
Yugoslavia, the International Criminal Tribunal for Rwanda,
and ‘hybrid courts’ such as the Special Court for Sierra
Leone, the Criminal Panels of the District Court of Dili, the
‘Regulation 64’ Panels in Kosovo, and the Extraordinary
Chambers in the Courts of Cambodia. In 2013, the Special
Court for Sierra Leone completed its judicial mandate
following the appeals judgment in the Charles Taylor
case. With the primary work of the court done, issues
remain including: preservation of evidence and archival of
materials; potential requests for pardon or commutation
of sentences, and ongoing issues of witness protection.
This panel will discuss residual issues and the lessons
which may be applied to other criminal tribunals as
they complete their mandates, as well as ethical issues
regarding the temporary nature of the courts, the longterm legacy of international justice, and ethical obligations
of attorneys appearing before courts that disappear.
PRIMARY SPONSORING COMMITTEE:
International Courts Committee
CO-SPONSORING COMMITTEES:
Africa Committee, International Criminal Law Committee,
International Judicial Affairs Committee, UN & International
Organizations Committee
PROGRAM CHAIRS & MODERATORS:
Viren Mascarenhas, New York, NY
Mark E. Wojcik, The John Marshall Law School,
Chicago, IL
SPEAKERS:
Meriam Alrashid, Crowell and Moring, London,
United Kingdom
Bongani C. Majola, United Nations International Criminal
Tribunal for Rwanda, Kigali, Rwanda
Herman von Hebel, International Criminal Court,
The Hague, Netherlands
11:00 am – 12:30 pm
Key Drivers for Latin American Investing
in United States Public Companies
M&A / FINANCE / TAX
Globalization creates threats and opportunities for
businesses. Latin American investment in United States
public companies is increasing and investors need legal
advice to make their investments successful. This program
will highlight the basics that investor’s counsel need to be
aware of when making an investment in the States. The
panel will explore section 13 D filings, insider trading rules,
short swing sales, HSR and CFIUS filings, when investors
have to make a tender offer and other issues they face
domestically in Latin America in making the investment.
The program will have U.S. lawyers and Latin American
lawyers and will go through the basics of an acquisition in
the United States from each lawyer’s perspective.
PRIMARY SPONSORING COMMITTEE:
International M&A and Joint Venture Committee
CO-SPONSORING COMMITTEE:
International Financial Products & Services Committee
PROGRAM CHAIR:
Jeffrey Kerbel, Bennett Jones LLP, Toronto, ON, Canada
PROGRAM CHAIR & MODERATOR:
Saúl Feilbogen, Vitale, Manoff & Feilbogen,
Buenos Aires, Argentina
SPEAKERS:
Peter A. Baumgaertner, Pillsbury Winthrop Shaw Pittman
LLP, New York, NY
Joshua R. Cammaker, Wachtell, Lipton, Rosen & Katz,
New York, NY
Guy P. Lander, Carter Ledyard & Milburn LLP, New York, NY
Andrew Josh Markus, Carlton Fields Jorden Burt, Miami, FL
11:00 am – 12:30 pm
Remedies For Technology Venture Capitalists
in L atin America: An Uncharted Journey
DISPUTE RESOLUTION / LITIGATION
Is venture capital technology investment in Latin American
(Latam) a potential diamond mine, or a minefield? Growth
in the technology sectors in the Mercosur region has truly
exploded in recent years. But the technology industry is
largely undiscovered territory to many Latam judges, and
the pace of judicial resolution is often slow. Alternative
dispute resolution mechanisms exist, but enforcement of
awards is untested in many jurisdictions. This interactive
panel will analyze potential remedies for VC’s in the Latam
technology sector, exploring enforcement of provisional
and permanent remedies; civil and criminal jurisdiction;
Bitcoin usage in Latam investment; the impact of
government regulation; and the availability of insurance
and contractual protections for investors.
PRIMARY SPONSORING COMMITTEE:
International Litigation Committee
CO-SPONSORING COMMITTEES:
International Arbitration Committee, Latin American and
Caribbean Committee, Privacy, E-Commerce & Data
Security Committee
PROGRAM CHAIR & MODERATOR:
Kenneth Rashbaum, Barton LLP, New York, NY
SPEAKERS:
Andres Egana, Philippi, Yrarrazaval, Pulido & Brunner
LTDA, Santiago, Chile
Adriana Pallis, Machado, Meyer, Sendacz e Opice
Advogados, São Paulo, Brazil
Manuel Tanoira, Tanoira Cassagne, Buenos Aires, Argentina
11:00 am – 12:30 pm
Taming the Hydra: The Role of Corporate
Counsel in Inter-Jurisdictional Legal Issues
LEGAL PRACTICE / ETHICS
In a world of extensive global trade, in-house counsel for
multinational corporations must juggle a wide range of
complex regulatory issues across multiple jurisdictions
that might impact the ability of their company to do
business. In-house counsel must wrestle with a vast
array of regulatory issues in jurisdictions around the
world related to anti-trust matters, corporate compliance,
government procurement, environmental law and
customs issues. In-house counsel must also interact
with governments, and with legal counsel in countries
around the world. This program examines the challenges
faced by in-house counsel and provides insights into
the relationships built with government institutions and
outside counsel to assist in balancing the many varied,
competing, and sometimes contradictory regulatory issues
company may face in conducting a global business.
PRIMARY SPONSORING COMMITTEE:
International Trade Committee
CO-SPONSORING COMMITTEE:
International Procurement Committee
PROGRAM CHAIR & MODERATOR:
Geoffrey Kubrick, McMillan LLP, Ottawa, ON, Canada
SPEAKERS:
Marina Cargnelutti, The Sapa Group, São Paulo, Brazil
(Invited)
Martin Malvarez, The Techint Group, Buenos Aires, Argentina
Mariela Inés Melhem, Mitrani Caballero Ojam & Ruiz
Moreno Abogados, Buenos Aires, Argentina
11:00 am – 12:30 pm
The Right to be Forgotten in Latin America:
Legislation, Cases in Law and Trends
HUMAN RIGHTS
The new tools and Internet sites originate new levels of
indiscretion and new nuances for life in society. Within
this context the so called right to be forgotten, may be
For the most up-to-date information, please visit: Ambar.org/ILFall2014
25
Thursday, October 23, 2014 (continued)
understood as the right of individuals to have their data
no longer processed, and deleted when they are no
longer needed for legitimate purposes. However, this right
has been applied differently throughout the world. The
panel will discuss this important subject with a special
application to Latin America. The panel will explore the
issues faced by the different legal systems, such as
privacy and freedom of speech from the European Union,
Latin America and U.S. perspective. The panel will discuss
enforcement of remedies; the liability of ISPs; jurisdiction;
and the various laws governing the issue.
PRIMARY SPONSORING COMMITTEE:
Privacy, E-Commerce & Data Security Committee
PROGRAM CHAIR & MODERATOR:
Renato Opice Blum, Opice Blum, Bruno, Abrusio e Vainzof,
São Paulo, Brazil
PROGRAM CHAIR & SPEAKER:
Juliana Abrusio, Opice Blum, Bruno, Abrusio e Vainzof,
São Paulo, Brazil
SPEAKERS:
Cédric Laurant, Dumont Bergman Bider & Co.,
Mexico City, Mexico
Thaisa Thamm, Buenos Aires, Argentina
Irene Velandia Rodríguez, Brigard & Urrutia,
Bogotá, Colombia
Erick Iriarte Ahón, Iriarte e Asociados, Lima, Peru
11:00 am – 12:30 pm
We Can’t Stop the Fire!: Impact of
Environmental and Social Aspects on Current
Investment and Financing Opportunities
BUSINESS / REGULATION / COMPLIANCE; REGIONAL
ISSUES / ENVIRONMENTAL
This program will address the impact of environmental and
social matters on merger and acquisition transactions, and
on investment and financing in Latin American countries
and in other countries around the globe. Several projects
and investments have been mostly driven or impacted by
environmental regulations, NGOs, social pressure, native
communities and media throughout the world over the
past decade. Decision makers are taking a deep look
at social and environmental aspects upon evaluating
investment decisions and priorities. This program will
address different aspects related to this situation,
including: identification of key players; challenges; social
pressure; blackmailing; compliance and ethics regulations;
possibilities and alternatives to reduce and prevent risks;
whatamong other sequator principles.
PRIMARY SPONSORING COMMITTEE:
International Environmental Law Committee
CO-SPONSORING COMMITTEES:
Corporate Social Responsibility Committee, International
Investment and Development Committee, Latin American
and Caribbean Committee
PROGRAM CHAIR:
Guillermo Malm Green, Brons & Salas,
Buenos Aires, Argentina
MODERATOR:
Angeles Murgier, Brons & Salas, Buenos Aires, Argentina
SPEAKERS:
Marcela Bochenski, Chevron Argentina S.R.L.,
Buenos Aires, Argentina
André de Almeida, Almeida Advogados, São Paulo, Brazil
26
Jessica A. Springsteen, Clifford Chance LLP,
Washington, DC
Rafael Vergara, Carey y Cía. Ltda., Santiago, Chile
12:45 pm – 2:15 pm
Luncheon with the Secretary General of the
Organization of American States,
Mr. José Miguel Insulza
Proudly Sponsored by:
Ticketed Event—$75
2:30 pm – 4:00 pm
Adoption/Re-Homing of Children
and Human Rights
HUMAN RIGHTS
International and domestic adoptions around the globe.
How do children become adopted? Are their interests
safeguarded? How can we stop re-homing abuses,child
neglect,exploitation and trafficking? What mechanisms
are there in place to assist adopting families? Can we
learn from other countries? To what extent do nations
and agencies within nations cooperate? This program
examines what can and does happen when structures
are not in place to safeguard the interests of children and
what we can all do about it.
PRIMARY SPONSORING COMMITTEE:
International Family Law Committee
CO-SPONSORING COMMITTEES:
Immigration and Naturalization Law Committee,
International Human Rights Committee
PROGRAM CHAIR:
Marguerite Smith, Flexx Law, PS, Seattle, WA
PROGRAM CHAIR & MODERATOR:
Leticia Kabusacki, Harari and Kabusacki,
Buenos Aires, Argentina
SPEAKERS:
Howard Davidson, ABA Center for Children and the Law,
District of Columbia, DC (Invited)
Marisa Herrera, Universidad de Buenos Aires, School of
Law, Buenos Aires, Argentina
Adriana N. Krasnow, Universidad Nacional de Rosario,
School of Law, Santa Fe, Argentina
Nieve Rubaja, Universidad de Buenos Aires, School of
Law, Buenos Aires, Argentina
This panel will be conducted in Spanish. Simultaneous
translation will be provided.
2:30 pm – 4:00 pm
Do it the American Way: The Rise of Plea
Bargaining, Leniency Agreements & Criminal
Settlements in Civil Law Jurisdictions
DISPUTE RESOLUTION / LITIGATION
Until recently, rules of criminal procedure in most civil law
countries provided very limited possibilities for settlements
or prohibited them altogether. Criminal law had to be
governed by principle and settlements were therefore
unsuitable. The situation has changed or is a matter of
public debate in many countries due to the influence of
other fields of the law, common law jurisdictions, budget
restrictions, the need for a speedy and efficient justice
system and enforcement by international organizations.
Qualified practitioners from civil law countries with an
extensive understanding of common law systems will
discuss how settlements have become or are likely to
become a trend in their jurisdiction, how this has changed
their practice, the roles of Prosecutors and investigating
magistrates, disclosure issues, victim compensation and
provide insights on how the shift is likely to impact crossborder criminal matters.
PRIMARY SPONSORING COMMITTEE:
International Criminal Law Committee
CO-SPONSORING COMMITTEES:
Europe Committee, International Anti-Corruption
Committee, International Anti-Money Laundering
Committee, International Litigation Committee
PROGRAM CHAIR & SPEAKER:
Stéphane de Navacelle, Navacelle Avocats, Paris, France
MODERATOR:
Vânia Costa Ramos, Carlos Pinto de Abreu e Assoiados,
Lisboa, Portugal
SPEAKERS:
Frederico Busatta, Gianni, Origoni, Grippo, Cappelli &
Partners, Milano, Italy
Frederico Ramos, Universidad de Buenos Aires, School of
Law, Buenos Aires, Argentina
Fabiola Emilin Rodrigues, Demarest Advogados,
São Paulo, Brazil
2:30 pm – 4:00 pm
Environmental Developments After
Macondo: An African Perspective
REGIONAL ISSUES / ENVIRONMENTAL; HUMAN RIGHTS
This program will focus on the Macondo blowout incident
from 2010, which brought about significant changes in
environmental regulations and aimed at ensuring safety
of oil and gas operations in certain African countries.
Repercussions from the disaster effected several African
countries, and new statutes and security measures were
implemented at a time when geological and geographical
developments had created high return opportunities, with
an even higher degree of risk. Drilling to even deeper
geological horizons and production in environmentally
sensitive areas warrants special attention to environmental
compliance and creates the need for new, more
sophisticated approaches to risk management. Join us for
a discussion of the past and best practices for the future.
PRIMARY SPONSORING COMMITTEE:
Africa Committee
CO-SPONSORING COMMITTEES:
International Energy & Natural Resources Committee,
International Environmental Law Committee
PROGRAM CHAIR & SPEAKER:
Ricardo Silva, Miranda Law Firm, Lisbon, Portugal
MODERATOR:
Fernando L. Brunelli, Alliani & Bruzzon Abogados,
Buenos Aires, Argentina
SPEAKERS:
Roland Abeng, Abeng Law Firm, Douala, Cameroon
Clarissa Querasian, Statoil, Oslo, Norway (Invited)
2:30 pm – 4:00 pm
International Tax Planning
in Emerging Countries
M&A / FINANCE / TAX
As the marketplace becomes increasingly globalized,
economic players in more and more countries ask their
governments to lower the barriers that hinder international
trade. One of the biggest barriers arises from taxation
imposed on that trade. Besides obvious forms of cross
border taxes, international businesses are very often faced
with strains resulting from double taxation of the revenue
generated in different countries. To counter this problem,
states have concluded many treaties designed to avoid
two countries from fully taxing the same stream of income.
However, many parts of the world have not yet negotiated
such an elaborate network of agreements on taxation. This
program will explore the opportunities for tax planning in
emerging markets, while highlighting the complexities and
pitfalls that need to be kept in mind while also focusing on
international tax law practices in such countries.
PRIMARY SPONSORING COMMITTEE:
International Tax Committee
CO-SPONSORING COMMITTEES:
Africa Committee, Transnational Legal Practice Committee
PROGRAM CHAIR:
Nikolas De Bremaeker, Coolidge & Graves PLLC,
Miami, FL
MODERATOR:
David Rosenbloom, NYU School of Law, New York, NY
SPEAKERS:
Festus Akunobera, ABMAK Advocates, Kampala,
Kampala, Uganda
Pedro Paraguay, NautaDutilh, Amersterdam, Amsterdam,
Netherlands
Nikolas De Bremaeker, Coolidge & Graves PLLC,
Miami, FL
2:30 pm – 4:00 pm
NAFTA, Mercosur and CAFTA:
Should They Merge into One
Hemispheric Free Trade Agreement
PUBLIC INTERNATIONAL LAW / RULE OF LAW
The trade agreement known as Mercosur is an influential
and important agreement affecting trade within Latin
America. NAFTA is its counterpart for North American
countries while CAFTA-DR is a free trade agreement
that includes most Central American countries. Together
they represent a large amount of the world’s trade
and commerce. Given the failure of the World Trade
Organization to be able to produce successful multilateral
trade agreements among all their member countries, an
alliance between these three powerful regional trading
regimes could be a significant event creating a strong
Western hemispheric trading block with great influence.
The factors that might facilitate such an agreement and
the obstacles it may face will be discussed by prominent
attorneys from the region.
PRIMARY SPONSORING COMMITTEE:
Mexico Committee
CO-SPONSORING COMMITTEES:
Customs Law Committee, International Trade Committee
PROGRAM CHAIR & MODERATOR:
Les Glick, Porter Wright, Washington, DC
For the most up-to-date information, please visit: Ambar.org/ILFall2014
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Thursday, October 23, 2014 (continued)
PROGRAM CHAIR:
Ernesto Velarde Danache, Velarde Danache,
Mexico City, Mexico
SPEAKERS:
Gilberto Ayres Moreira, Ayres Ribiero Abogados,
São Paulo, Brazil
Laura Lavia, M. & M. Bomchil Abogados,
Buenos Aires, Argentina
Dominique Babin, BCF, Montreal, QC, Canada
2:30 pm – 4:00 pm
Navigating Antitrust Laws in Product
Distribution in Latin America
BUSINESS / REGULATION / COMPLIANCE
The continued strengthening of the global economy will
provide manufacturers with increased opportunities for
product distribution in Latin America. This program will
consider how distribution can be managed in Central
and South America through the effective use of vertical
restraints without violating the law. The speakers
will review the law in Mexico, Brazil, Argentina and
Chile, focusing on resale price maintenance, territorial
restrictions, exclusive dealing requirements, tying
arrangements and limitations on internet selling. The
panel will also address recent developments such as the
Chilean draft Guidelines on Vertical Restraints and recent
action against SKF in Brazil for unlawful minimum resale
price maintenance.
PRIMARY SPONSORING COMMITTEE:
International Commercial Transactions, Franchising
and Distribution
PROGRAM CHAIR & MODERATOR:
Thomas Collin, Thompson Hine, Cleveland, OH
SPEAKERS:
Amílcar Peredo, Basham, Ringe y Correa, S.C.,
Mexico City, Mexico
Mariela del Carmen Caparrós, Wiener • Sotos •
Caparrós, Buenos Aires, Argentina
Priscilla Brolio Goncalves, Vella Pugliese Buosi Guidoni
Advogados, São Paulo, Brazil
Jose Miguel Huerta, Claro y Cia, Santiago, Chile
4:00 pm – 4:30 pm
Networking Break
4:30 pm – 6:00 pm
Voting Rights for Indigenous
People in the Americas
HUMAN RIGHTS
The Universal Declaration of Human Rights and the United
Nations International Covenant on Civil and Political
Rights guarantee the right to take part in the government
of one’s country through periodic and genuine elections
and to vote and to be elected. Concepts of adequate
representation are significant to the representation of
peoples who have faced barriers to voting. This panel
will consider the inclusiveness of indigenous peoples and
ethnic minorities in the Americas and the protection of
indigenous cultural traditions, customs and institutions.
The panel will also recommend steps that must be taken
to provide the internationally guaranteed right to vote
including registration, access, voter education, traditional
and modern modes of voting, and international standards
as applied to indigenous populations.
28
PRIMARY SPONSORING COMMITTEE:
International Judicial Affairs Committee
CO-SPONSORING:
Task Force on International Elections
PROGRAM CHAIR:
Chad Vickery, IFES, Washington, DC
PROGRAM CHAIR & MODERATOR:
John Hardin (Jack) Young, Sandler, Reiff, Young & Lamb,
P.C., Washington, DC
SPEAKERS:
Maria Del Carmen Alanis Figueroa, Federal Election
Tribunal, Mexico City, Mexico
Gerardo De Icaza, OAS, Washington, DC (Invited)
4:30 pm – 6:00 pm
Below the Surface: Drilling Deep
in L aw and Regulation to Reach the
Americas’ New Energy Frontier
REGIONAL ISSUES / ENVIRONMENTAL
Recent discoveries and developments in unconventional
and conventional fields have brought a revolutionary
boom to the oil and gas industry and the potential to
reposition the Americas as the dominant force in the
world energy market. Argentina is revitalizing its domestic
energy production. Mexico similarly is promoting its
attractiveness to stimulate exploration and development of
its unconventional hydrocarbons and Brazil’s subsalt fields
may become the golden frontier for profitable projects.
Just as the new frontier brings potential opportunities,
it also brings legal risks. Experts who are active in the
region, will share their insights and experiences in this
fast-growing industry addressing important legal issues,
including the treatment of foreign investments, regulatory
issues of international tender bids, bilateral tax treaties,
optimal financing structures, and risk management
strategies to mitigate uncertainties in the political, legal,
and regulatory landscapes.
PRIMARY SPONSORING COMMITTEE:
International Energy & Natural Resources Committee
PROGRAM CHAIR & MODERATOR:
Saúl Feilbogen, Vitale, Manoff & Feilbogen,
Buenos Aires, Argentina
SPEAKERS:
Alexandre Bittencourt Calmon, Veirano Advogados, Rio
de Janeiro, Brazil
Ernesto Velarde Danache, Ernesto Velarde-Danache, Inc.,
Bownsville, TX
4:30 pm – 6:00 pm
Convincing Reluctant Counterparties
to Mediate International B2B
Disputes Across Borders
DISPUTE RESOLUTION / LITIGATION
Businesses and their counsel increasingly rely on
mediation either in combination with arbitration or as
an alternative, as it has proven to be an efficient and
economical path for resolving complex international
business disputes. However, despite mediation’s
substantial gain in popularity in North America and parts
of Western Europe, there are still corporate and legal
cultures where it is not widely accepted.This lively and
interactive panel will examine the use of mediation for
private, international commercial disputes across borders
and explore strategies, through a mock negotiation,
for convincing a resistant counter-party to come to the
mediation table and how to achieve a successful result.
discussed.This panel will discuss the retirement policies
of selected large firms in the various jurisdictions and
consider the issues raised.
PRIMARY SPONSORING COMMITTEE:
International Mediation Committee
PRIMARY SPONSORING COMMITTEE:
Seasoned Lawyers Interest Network (SIN)
PROGRAM CHAIRS:
Ethan Berghoff, Baker & McKenzie, Chicago, IL
Calliiope Sudborough, ICC International Centre for ADR,
Paris, France
CO-SPONSORING COMMITTEE:
International Employment Law Committee, International
Law Practice Management Forum, Latin American and
Caribbean Committee
MODERATOR:
Marc Goldstein, Marc J Goldstein Litigation & Arbitration
Chambers, New York, NY
PROGRAM CHAIR:
Robert E. Lutz, Southwestern Law School,
Los Angeles, CA
4:30 pm – 6:00 pm
PROGRAM CHAIR & MODERATOR:
Carol Mates, Attorney, Washington, DC
Doing your Due Diligence Deals
with International Players
M&A / FINANCE / TAX
BUSINESS / REGULATION / COMPLIANCE
This program will be a forum for due diligence in a
mergers and acquisitions context where cross-border
regulatory compliance issues arise. This expert panel
discussion will be facilitated and coordinated by a
moderator, a seasoned deal attorney, who will conduct
interviews of each member on the panel.Through their
responses to a series of questions, each panelist will
provide targeted advice on due diligence steps that
companies should take to ensure compliance with the
described laws. Audience members will be invited to
submit real-time questions either by audience microphone
or by text message.
PRIMARY SPONSORING COMMITTEE:
International Trade Committee
CO-SPONSORING COMMITTEES:
Customs Law Committee, Export Controls and Economic
Sanctions Committee, International Antitrust Law
Committee, International Environmental Law Committee
PROGRAM CHAIR & SPEAKER:
Cortney O’Toole Morgan, Husch Blackwell LLP,
Washington, DC
MODERATOR:
Randall Hanson, Womble Carlyle Sandridge & Rice, LLP,
Greensboro, NC
SPEAKERS:
Marcelo A. den Toom, M. & M. Bomchil Abogados,
Buenos Aires, Argentina
Laura El-Sabaawi, Wiley Rein LLP, Washington, DC
Neil Ellis, Sidley Austin LLP, Washington, DC
David Hackett, Baker & McKenzie, Chicago, IL
4:30 pm – 6:00 pm
Kicking Older Lawyers Out: Mandatory
Retirement Policies in the Legal Profession
LEGAL PRACTICE / ETHICS
Too old or too over the hill to practice law? Many firms
in the U.S., Canada, Europe and Latin America believe
so and have instituted mandatory retirement ages, and/
or measures designed to reduced the importance and
compensation of aging partnerss, so as to encourage them
to leave the firm, as well as prohibiting those partners
from ‘competing’ with the firm after they are kicked onto
the street. Although several U.S. bar associations have
declared policies against mandatory retirement policies for
partners, such policies are not illegal under U.S. law nor
under the laws of the various jurisdictions which will be
SPEAKERS:
Jeff Barnes, Borden Ladner Gervais LLP, Toronto,
ON, Canada
Esther Donio Bellegarde Nunes, Pinheiro Neto Advogados
James P. Duffy III, Berg and Duffy, LLP, Manhasset, NY
Alfredo Rovira, Brons & Salas Abogados,
Buenos Aires, Argentina
4:30 pm – 6:00 pm
Growing Pains of Latin American Antitrust
Enforcement: How National Agencies are
Moving Away From U.S. and EU Models
While Enhancing Regional Cooperation
BUSINESS / REGULATION / COMPLIANCE
Companies increasingly need to address multijurisdictional and private enforcement of Latin American
competition laws. This panel – featuring leading antitrust
practitioners from Argentina, Brazil, Mexico, Chile and
Colombia, will consider how Latin America is moving
beyond U.S. and EU influence, reviewing important
achievements and challenges to be faced. The panel will
focus on the current status of antitrust enforcement in
Latin America as well as the similarities and differences
among the national enforcers. Key issues to be addressed
include: Heightened enforcement against cartels; the
current upsurge of dominance cases; regional coordination
and cooperation with EU and U.S. authorities; and private
damages actions.
PRIMARY SPONSORING COMMITTEE:
International Antitrust Law Committee
CO-SPONSORING COMMITTEE:
Latin American and Caribbean Committee
PROGRAM CHAIR & MODERATOR:
Michael Byowitz, Wachtell, Lipton, Rosen & Katz,
New York, NY
PROGRAM CHAIR & SPEAKER:
Alfredo M. O’Farrell, Marval, O’Farrell & Mairal,
Buenos Aires, Argentina
SPEAKERS:
Andrea Butelmann, Tribunal de Defensa de la Libre
Competencia, Santiago, Chile
Mauricio Jaramillo-Campuzano, Gomez Pinzón-Zuleta,
Bogotá, Colombia
Amilcar Peredo, Basham, Ringe y Correa, S.C.,
Mexico City, Mexico
Barbara Rosenberg, Barbosa Müssnich & Aragao,
São Paulo, Brazil
For the most up-to-date information, please visit: Ambar.org/ILFall2014
29
Thursday, October 23, 2014 (continued)
7:00 pm – 10:00 pm
Reception at Palacio Paz
Av Santa Fe 702, Buenos Aires, Argentina
One of the private mansions in Buenos Aires, this event will bring you back in time to the early 1900s; a time of
belle époque and tango. Join us for an evening you will not forget!
One ticket per person is included for meeting attendees who have registered for the entire conference as part of
your Fall Meeting registration fee. Heavy hors d’oeuvres & drinks will be served. Transportation Provided.
Proudly Sponsored by:
30
For the most up-to-date information, please visit: Ambar.org/ILFall2014
31
Friday, October 24, 2014
8:00 am – 5:00 pm
Registration Area and Exhibit Hall Open
9:00 am – 10:30 am
International Arbitration and Discovery
10 years after Intel v. AMD
DISPUTE RESOLUTION / LITIGATION
8:00 am – 8:50 am
Continental Breakfast & Committee
Breakfast Meetings
Sponsored by:
Join us for business meetings of many of ABA
International’s committees (“the engines of the
Section”). Learn about committee activities and
opportunities to become more active in the Section. If
you have any questions about planning for this event,
please contact Jonathan Lewis at jonathan.lewis@
americanbar.org
9:00 am – 10:30 am
Business and Human Rights: A Troubled
but Healing Relationship? Implementation,
Effectiveness and Sustainable
Company-Community Engagement
HUMAN RIGHTS
Extractive industries have thrived in Latin America, Africa
and Asia driven by rising global commodity prices and
foreign direct investment. This has often taken place
within contexts of weak governance and rule of law,
instigating or perpetuating violations of human rights,
threats to the environment and lack of consultation of
historically marginalized indigenous groups and affected
communities. In order to address this, the United Nations
established the UNGPs, which assert the state’s duty
to protect human rights, the corporate responsibility to
respect human rights, and the need for greater access to
remedy for victims of business-related abuses. This panel
will address the issues of implementation, effectiveness
and best practices to in-house experience that offer
opportunities for company-civil society-community
engagement and consultation and what regulatory
remedies are successful that contribute to fostering and
upholding the rule of law.
PRIMARY SPONSORING COMMITTEE:
International Arbitration Committee
PROGRAM CHAIR & MODERATOR:
Kirstin Dodge, Homburger, Zurich, Switzerland
SPEAKERS:
Marielle Koppenol-Laforce, Houthoff Buruma; Leiden
University, Rotterdam, Netherlands
Alexander Blumrosen, Bernard-Hertz-Bejot,
Paris, France
Glenn Hendrix, Arnall Golden Gregory LLP, Atlanta, GA
9:00 am – 10:30 am
A Conversation with Hemispheric
and Regional Leaders
REGIONAL ISSUES / ENVIRONMENTAL
The Americas is without any doubt one of the most
important and powerful regions in economic, political,
and social terms. Two former presidents of Argentina and
Uruguay, as well as the current Secretary General of the
Organization of American States, will discuss rule of law
and regional integration issues. This truly stellar panel will
be open to addressing all internationally related questions
on a 100% open agenda.
PROGRAM CHAIR:
Marcelo Bombau, M. & M. Bomchil Abogados,
Buenos Aires, Argentina
PRIMARY SPONSORING COMMITTEE:
Corporate Social Responsibility Committee
MODERATOR:
M. Cristina Cárdenas, Astigarraga Davis, Miami, FL
CO-SPONSORING COMMITTEES:
Canada Committee, Corporate Social Responsibility
Committee, Diversity Committee, International Energy &
Natural Resources Committee, International Environmental
Law Committee, Latin American and Caribbean
Committee, UN & International Organizations Committee,
ABA Task Force on Sustainability
SPEAKERS:
Fernando de la Rúa, Former President of Argentina,
Buenos Aires, Argentina
José Miguel Insulza, Secretary General, Organization of
American States, Washington, DC
Julio María Sanguinetti, Former President of Uruguay
(Invited)
PROGRAM CHAIR:
Salli Swartz, ArtusWise, Paris, France
This panel will be conducted in Spanish.
Simultaneous translation will be provided.
PROGRAM CHAIR & MODERATOR:
Lelia Mooney, Partners for Democtratic Change,
Washington, DC
SPEAKER:
Lee A. DeHihns, Alston & Bird LLP, Atlanta, GA
32
The panel will discuss the arbitration side of obtaining
discovery (document production and depositions) in
the United States which has been reignited by the
11th Circuit’s 2012 decision holding that the statute is
applicable to discovery for foreign commercial arbitrations
(contrary to prior rulings by the 2nd and 5th Circuits) and
remains an interesting potential option notwithstanding
the 11th Circuit’s recent substitution of its decision with
a new opinion. A panelist from the 11th Circuit will start
the discussion with an update on the status in the U.S.
Then other panelists will discuss the impact (if any) for
international arbitrations in light of their own experiences,
and will engage with audience members regarding their
experiences and opinions on the topic.
9:00 am – 10:30 am
The Future of Asylum Systems
in L atin America
HUMAN RIGHTS
There are 377,100 refugees currently living in Latin
America. The year 2014 notably marks the 30th
Anniversary of the Cartagena Declaration, an agreement
between Latin American states that was formulated
to include a range of detailed commitments to peace,
democratization, regional security and economic cooperation and which broadened the definition of a refugee.
Latin American refugee experts will discuss the current
status and future of various asylum systems in Latin
America, highlighting the need for a regional approach
to asylum processes. Voices and stories will be brought
to the discussion through the use of video and other
multimedia approaches.For every refugee, the refugee
status determination (RSD) process is a necessary hurdle
for a new beginning. Despite its importance, RSD practices
vary across nations and RSD decision-makers. The panel
will address topics such as: Fora and time period for
accessing RSD; the right of access to information; the
right to appeal; accelerated proceedings for RSD; and the
role of civil society in improving asylum systems.
PRIMARY SPONSORING COMMITTEE:
International Refugee Law Committee
CO-SPONSORING COMMITTEES:
International Human Rights Committee, International
Pro Bono Committee, Latin American and
Caribbean Committee
PROGRAM CHAIR:
Joseph Hansen, Gibson, Dunn & Crutcher LLP,
San Francisco, CA
PROGRAM CHAIR & MODERATOR:
Galya Ruffer, Northwestern University, Evanston, IL
SPEAKERS:
Gloria Maklouf, Asociación de Consultores y Asesores
Internacionales (ACAI), San Jose, Costa Rica
Diego Morales, Centro de Estudios Legales y Sociales,
Buenos Aires, Argentina
Nancy Perez, Sin Fronteras (IAP), Mexico City, Mexico
Karina Sarmiento, Asylum Access Ecuador,
Quito, Equador
9:00 am – 10:30 am
The Hidden Traps of Foreign
Sales Intermediaries
BUSINESS / REGULATION / COMPLIANCE
One of the fundamental business objectives for any
company selling a product is to get that product to market,
and to do so efficiently and effectively while minimizing
risk.When the market is a foreign market and the
business uses an independent intermediary, naturally the
business faces additional issues and risks that have to be
navigated. Due to peculiar aspects of local laws protecting
sales intermediaries, unexpected risks with serious
consequences routinely materialize and the business will
face significant, and sometimes unpredictable, issues
relating to management of the foreign sales intermediary.
This program brings together experienced business
lawyers from the United States and key jurisdictions in
Latin America to identify and explore the most pressing
issues that arise from use of sales intermediaries in
Latin America.
PRIMARY SPONSORING COMMITTEE:
International Commercial Transactions, Franchising
and Distribution
CO-SPONSORING COMMITTEES:
International Trade Committee, Latin American and
Caribbean Committee
PROGRAM CHAIRS & MODERATORS:
Michael Daigle, Cheng Cohen LLC, Chicago, IL
William P. Johnson, Saint Louis University, St. Louis, MO
SPEAKERS:
Santiago Concha, Pinilla Gonzalez & Prieto Abogados,
Bogotá, Colombia
Michael Daigle, Cheng Cohen LLC, Chicago, IL
Adrian Lucio Furman, M. & M. Bomchil Abogados,
Buenos Aires, Argentina
9:00 am – 10:30 am
Undoing Business in Latin America:
Rule of Law and the Informal Economy
BUSINESS / REGULATION / COMPLIANCE
PUBLIC INTERNATIONAL LAW / RULE OF LAW
Rule of law programs aimed at strengthening legal
institutions in developing countries capture only one
segment of the business community--the formal segment.
The informal economy—often referred to as the gray
market—is often left behind. New ‘formalization’
programs have attempted to bring informal enterprises
into the legal fold but have thus far been unsuccessful.The
panelists will present their research on rule of law and the
informal economy in Latin America using case studies of
the Colombian gray market, including an analysis of the
newly enacted formalization law in Colombia.
PRIMARY SPONSORING COMMITTEE:
International Human Rights Committee
CO-SPONSORING COMMITTEES:
Africa Committee, NGO and Not-for-Profit Organizations
Committee
PROGRAM CHAIRS:
Joseph Federici, American University of Afghanistan,
Kabul, Kabul, Afghanistan
Elizabeth Turchi, International Human Rights Committee,
The Hague, South Holland, Netherlands
SPEAKERS:
Marisa Fassi, Unviersità Degli Studi di Milano, Milan,
Milan, Italy
Kevin Fandl, Temple University, Philadelphia, PA
Anamaria Dutceac Segesten, University of Lund,
Lund, Sweden
10:30 am – 11:00 am
Networking Break
11:00 am – 12:30 pm
El Sur se Pronuncia: What is the Appropriate
Level of Regional Integration for the
Legal Practice in Latin America?
LEGAL PRACTICE / ETHICS
In the recent past, the tremendous economic growth in
parts of Latin America has considerably raised demand
for sophisticated legal advice in this part of the world. At
the same time the number of projects involving more than
one country in the region is also increasing. Does this
mean that clients request, and are in fact better served by
For the most up-to-date information, please visit: Ambar.org/ILFall2014
33
Friday, October 24, 2014 (continued)
firms which are acting in a more integrated manner across
several countries or the operating on a regional basis?
Or is the local expertise better obtained by working with
multiple local firms? What issues arise in operating across
divergent political-economic systems, whichever model is
chosen? What constraints do the professional rules impose
upon lawyers working on a regional basis? Members of
the panel are experienced private practitioners and senior
in-house lawyers. They will discuss their views on what
level and form of integration is appropriate and how these
can best be achieved.
PRIMARY SPONSORING COMMITTEE:
Transnational Legal Practice Committee
CO-SPONSORING COMMITTEES:
Foreign Legal Consultant Committee, International
Corporate Counsel Forum, International Law
Practice Management Forum, Latin American and
Caribbean Committee
PROGRAM CHAIR & MODERATOR:
Hermann Knott, Luther, Cologne, Germany
PROGRAM CHAIR:
Alfredo M. O’Farrell, Marval, O’Farrell & Mairal,
Buenos Aires, Argentina
SPEAKERS:
Luis Miguel Briola Clement, Grupo Bimbo,
Mexico City, Mexico
Marcelo Freitas Pereira, CWTP, São Paulo, Brazil
Lic Francisco Merino R., PepsiCo, Mexico City, Mexico
Elita Pastorelo Ariaz, Banco Safra, São Paulo, Brazil
Luis Pérez Delgado, Goodrich, Riquelme y Asociados,
Mexico City, Mexico
José Alejandro Torres, Posse Herrera Ruiz,
Bogotá, Colombia
11:00 am – 12:30 pm
Advances and Set-Backs in LGBT
Rights Around the World
HUMAN RIGHTS
In 2010, Argentina became the first nation in Latin
America and the second in the Americas to allow samesex marriage on a nationwide basis.The first half of this
program will review the constitutional and legislative
routes of same-sex marriage and domestic partnerships
around the world. The second half of the program will
consider set-backs to marriage equality and human
rights in countries that have recently enacted anti-gay
legislation. In Russia, for example, an anti-gay propaganda
law was enacted in 2013 to prohibit any public support of
gay rights. In Nigeria, a law entered into effect in January
2014 to impose hard imprisonment for entering into a
same-sex union, witnessing or attending a same-sex
marriage ceremony, or simply attending a gay meeting.
The program will discuss the mixture of advances and
set-backs in the framework of international human rights
and will also consider how and whether activities by
associations outside the adversely-affected nations can
help the situation of LGBT persons in those countries.
PRIMARY SPONSORING COMMITTEE:
Sexual Orientation and Gender Identity Issues Network (GIN)
PROGRAM CHAIR:
Alan Koral, Sole Practitioner, New York, NY
PROGRAM CHAIR & MODERATOR:
Allin (Chip) Seward, Cabinet Seward, Paris, France
34
PROGRAM CHAIR & SPEAKER:
Mark E. Wojcik, The John Marshall Law School, Chicago, IL
SPEAKERS:
David Austin, California Western School of Law,
San Diego, CA
Joseph Smallhoover, Bryan Cave LLP, Paris, France
Jessica Stern, International Gay and Lesbian Human
Rights Commission, New York, NY
11:00 am – 12:30 pm
OK, We Have to Observe the FCPA...
But That’s It, Isn’t It?
PUBLIC INTERNATIONAL LAW / RULE OF LAW
As various jurisdictions demonstrate their willingness
to take jurisdiction on bribery and similar matters and
as more jurisdictions implement new corrupt practices
litigation, this becomes an important (and at the same
time, near impossible) element of due diligence and post
acquisition due diligence and management. This program
will discuss obligations related to bribery and corruption
from a comparative perspective with a specific focus on
the latin american perspective.
PRIMARY SPONSORING COMMITTEE:
Canada Committee
CO-SPONSORING COMMITTEES:
International M&A and Joint Venture Committee, Latin
American and Caribbean Committee, Mexico Committee
PROGRAM CHAIR:
Alexander Jeglic, Canadian Commercial Corporation,
Ottawa, ON, Canada
PROGRAM CHAIR:
Jeff Barnes, Borden Ladner Gervais LLP, Toronto,
ON, Canada
SPEAKERS:
Vanesa Balda, Vitale, Manoff & Feilbogen,
Buenos Aires, Argentina
Juliana Sa de Miranda, Tozzini Freire Advogados,
São Paulo, Brazil
Melissa Pallett-Vasquez, Bilzin Sumberg, Miami, FL
Clifford Sosnow, Fasken Martineau DuMoulin LLP,
Ottawa, ON, Canada
11:00 am – 12:30 pm
Telecommunications and Broadcasting
Regulation in South America: Are
the Regulatory Systems in Place
Adequate in a Global Market?
BUSINESS / REGULATION / COMPLIANCE
Over the past few years, U.S. networks have started
to develop content for the Latin American market and
media companies in Latin America are exporting their
own content throughout the world. Increasingly, content
is being delivered over telecommunications networks
(mobile and broadband Internet), often by state sanctioned
companies or companies with significant presence in
the market.In many countries, governments seek to
assert control over the broadcasting sector but not the
telecommunications sector.Drawing on the experience
in other jurisdictions, including Canada, the U.S. and
the European Union, this panel will look at whether the
telecommunications and broadcasting regulatory systems
in place in Mexico, Brazil and Argentina are helping or
hindering the growth and global expansion of media
industries in these countries.
PRIMARY SPONSORING COMMITTEE:
International Antitrust Law Committee
CO-SPONSORING COMMITTEES:
International Corporate Counsel Forum, Latin American
and Caribbean Committee, Mexico Committee, New Media
& Content Innovation Committee
11:00 am – 12:30 pm
From Sunset to Dawn: Is International
Trade Rising Again in Latin America
After the Recession?
BUSINESS / REGULATION / COMPLIANCE
SPEAKERS:
Francisco Fuentes-Ostos, Mijares, Angoitia, Cortes y
Fuentes, S.C., Mexico City, Mexico
Laurent Garzaniti, Freshfields Bruckhaus Deringer,
Brussels, Belgium
Francisco Gutierrez, M. & M. Bomchil,
Buenos Aires, Argentina
Andreia Molin Molinari Saad Nogara, Mattos Filho,
Rio de Janeiro, Brazil
Latin America has not been absent in the massive
increase of trade exchanges with the US, Europe and
Asia. The political and economic context of the region’s
trade is increasingly characterized by the proliferation
of intraregional free trade agreements (FTAs) and by a
notorious ideological division of country blocks. However,
the end of certain regimes marked the initiation of a
new era in the region. Recent developments in Latin
American countries suppose new trends and challenges
for international trade integration (or de-integration). This
Panel has the purpose of contributing to the study of
trends and prospects of Latin America’s insertion into the
new post-recession global scenario in international trade
by analyzing this situation from different perspectives.
11:00 am – 12:30 pm
PRIMARY SPONSORING COMMITTEE:
Latin American and Caribbean Committee
PROGRAM CHAIR:
Elisa Kearney, Davies Ward Phillips & Vineberg, Toronto,
ON, Canada
PROGRAM CHAIR & MODERATOR:
Susana Cabrera, Garrigues LLP, New York, NY
The Third Way: Managing Business
Relationships and Disputes between
Latin America and Northeast Asia
BUSINESS / REGULATION / COMPLIANCE
DISPUTE RESOLUTION / LITIGATION
The countries of Latin America and Northeast Asia are
major players in the world economy, with a rapidly growing
trade ranging from raw materials and commodities to
high tech goods and intellectual property. What do Latin
America and Northeast Asia have in common? How
can they best manage their business relationships and
the inevitable disputes? Relations between these two
seemingly far apart regions, while strongly influenced by
European or American models, could forge a ‘third way’
of managing business relationships and disputes, more
suitable to their cultural norms. Experts from both regions
will discuss how culture can influence both business
negotiations and litigation, and ways to effectively manage
related risks.
PRIMARY SPONSORING COMMITTEE:
Asia/Pacific Committee
CO-SPONSORING COMMITTEES:
China Committee, Latin America and Caribbean Committee
PROGRAM CHAIR:
Philippe Shin, Shin & Kim, Seoul, South Korea
MODERATOR:
Benjamin Hughes, Hughes Arbitration, Seoul, South Korea
SPEAKERS:
Cristián Conejero, Philippi Irrazabal Pulido Brunner,
Santiago, Chile
Ning Fei, Hui Zhong Law Firm, Beijing, China
Eduardo Juaçaba, Cascione, Pulino, Boulos & Santos
Advogados, São Paulo, Brazil
Sherlin Tung, International Court of Arbitration®
International Chamber of Commerce/ SICANA, Inc.,
New York, NY
David Yang, Yulchon LLC, Seoul, South Korea
CO-SPONSORING COMMITTEE:
International Trade Committee
PROGRAM CHAIR & MODERATOR:
José Francisco Mafla, Brigard & Urrutia, Bogotá, Colombia
SPEAKERS:
Pablo J. Gayol, Marval O’Farrell Mairal,
Buenos Aires, Argentina
Fernando González Rojas, World Trade Organization,
Geneva, Switzerland
Vera Kanas Grytz, TozziniFreire Advogados,
São Paulo, Brazil
12:45 pm – 2:15 pm
Luncheon with Keynote Speaker
Ticketed Event—$75
2:30 pm – 4:00 pm
Doom at the Loom?: The Push for Labor
Standards in the Garment Industry
BUSINESS / REGULATION / COMPLIANCE
The discussion will center on the competing demands
on the textile industry and its workers, primarily in Latin
America, Africa and South Asia, to (a) increase production
following the passage of free trade agreements and (b) to
develop standards which prevent disasters of the type that
occurred last year in the Rana Plaza factory collapse in
Bangladesh. The panel will address the use and oversight
of subcontractors, the inclusion of worker protection and
unionization provisions in Free Trade Agreements, and
the differences between South America and Asia in the
challenges and pressures facing garment manufacturers
and employees. The panel will provide vital insights for
attorneys, executives, and officials involved in the garment
industry, whether in Latin America, the United States, or
elsewhere in the world.
PRIMARY SPONSORING COMMITTEE:
International Employment Law Committee
CO-SPONSORING COMMITTEE:
Asia/Pacific Committee
For the most up-to-date information, please visit: Ambar.org/ILFall2014
35
Friday, October 24, 2014 (continued)
PROGRAM CHAIR:
Eduardo Benavides, Berninzon & Benavides Abogados,
Lima, Peru
sending documents to be processed/filled out in foreign
countries etc., and the often novel ways firms are trying
today to cut costs.
PROGRAM CHAIR & MODERATOR:
Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC,
Washington, DC
PRIMARY SPONSORING COMMITTEE:
International Ethics Committee
SPEAKERS:
María Eugenia Cantenys, Marval, O´Farrell & Mairal,
Buenos Aires, Argentina
Uche Ewelukwa, University of Arkansas School of Law,
Fayetteville, AR (Invited)
William D. Wright, Fisher & Phillips, LLP, Philadelphia, PA
2:30 pm – 4:00 pm
Freedom of the Press and the Law
HUMAN RIGHTS
Julian Assange, Edgar Snowden and others have forced
the U.S. and western democracies in general to scrutinize
the balance between the government’s national security
interests and the freedom of the press. In May 2013,
the U.S. media reported the issuance of broadly-worded
subpoenas issued to obtain telephone records of
Associated Press reports and editors as part of an overall
effort within the U.S. Department of Justice to identify the
source of press leaks arguably harmful to U.S. national
security.This panel will look at the freedoms of speech and
press and the precarious balance struck by different legal
systems when looking at government claims of national
security, and will discuss the importance of a free and
robust press to democratic societies and how, in the 21st
century, that freedom-and the freedom of speech-have
become increasingly vulnerable to manipulation, influence
and censorship without the heavy-handed repression
associated with totalitarian regimes of the past.
PRIMARY SPONSORING COMMITTEE:
U.S. Lawyers Practicing Abroad
CO-SPONSORING COMMITTEES:
International Courts Committee, International Human
Rights Committee, International Judicial Affairs
Committee, Latin American and Caribbean Committee,
Women’s Interest Network (WIN), Young Lawyers Interest
Network (YIN)
PROGRAM CHAIR:
Linda Murnane, Franklin County Municipal Court, Xenia, OH
PROGRAM CHAIR & MODERATOR:
Laurence Wiener, Wiener • Soto • Caparrós,
Buenos Aires, Argentina
SPEAKERS:
Professor Alvaro Martinez, University of Guadalajara,
Guadalajara, Mexico
The Honorable Delissa Ridgway, U.S. Court of
International Trade, Washington, DC
MODERATOR:
Marcy Stras, Cozen O’Connor, Washington, DC
SPEAKERS:
Todd Burke, Gowlings, Ottawa, ON, Canada
Horacio Beccar Varela, Estudio Beccar Varela,
Buenos Aires, Argentina
Violeta Longino, Grupo Amper America, Miami, FL
Brigitte Gambini, Gambini International Law,
New York, NY
2:30 pm – 4:00 pm
The Challenges of Anti-Corruption
Compliance and its Impact on Global Mobility
BUSINESS / REGULATION / COMPLIANCE
As global mobility increases in emerging markets,
corporations are faced with a broader array of compliance
issues in their effort to transfer talent and expand
operations and must avoid temptations to circumvent
regulations or bureaucracy encountered in emerging
markets. This program provides an overview of the
challenges companies face in developing effective and
integrated compliance programs adhering to FCPA and
local anti-corruption laws in an effort to avoid exposure.
The panel will offer the perspectives of in-house counsel,
employment, corporate and immigration attorneys on best
practices to mitigate risks, and will outline critical steps
corporations should follow to limit liability.
PRIMARY SPONSORING COMMITTEE:
Immigration and Naturalization Law Committee
CO-SPONSORING COMMITTEES:
International Employment Law Committee, Latin American
and Caribbean Committee, Young Lawyers Interest
Network (YIN)
PROGRAM CHAIR & SPEAKER:
Michelle Jacobson, Fragomen, Del Rey, Bernsen, &
Loewy, LLP, Chicago, IL
SPEAKERS:
Patrick Garcia, Parker Drilling, Houston, TX (Invited)
Grant Petersen, Ogletree, Deakins, Nash, Smoak, &
Stewart, P.C., Tampa, FL
Salli Swartz, ArtusWise, Paris, France
2:30 pm – 4:00 pm
2:30 pm – 4:00 pm
The Changing Landscape of the Legal
Profession in Latin America
LEGAL PRACTICE / ETHICS
LEGAL PRACTICE / ETHICS
This program will discuss management structures,
attempting to achieve alignment amongst various regimes,
the role of General Counsel within the law firm, how
ethical issues are resolved in these firms, ethical issues
facing lawyers today managing non-legal staff. and related
issues.The focus is not only in the workplace, but in using
services such as contract lawyers for document review,
This is the third in a series of programs taking the pulse
of the changing legal profession, especially with respect
to international and transnational practice. While there
are some common features of this transformation across
jurisdictions, there are key differences as well. In this
program, seasoned attorneys from various jurisdictions
will explore the distinctive differences, challenges and
opportunities that lawyers throughout the Americas
encounter today, while exploring ways in which
practitioners from the North and South approach different
Managing Ethics in the Global Law Firm
36
PROGRAM CHAIRS:
Robert E. Lutz, Southwestern Law School, Los Angeles, CA
Steven M. Richman, Duane Morris, New York, NY
types of law practice and identifying ways they may
work effectively together. A response from the academic
community with regard to how we train and educate
lawyers is also needed.
PRIMARY SPONSORING COMMITTEE:
Secasoned Lawyers Interest Network (SIN) and
International Legal Education and Specialist Certification
4:30 pm – 6:00 pm
Customs Enforcement Strategies in
Civil and Common Law Jurisdictions
BUSINESS / REGULATION / COMPLIANCE
PROGRAM CHAIR:
Stephen J. Powell, University of Florida College of Law,
Gainesville, FL
Customs administrations are part of the larger
administrative and legal context of their individual
countries. Consequently, although they are often enforcing
the same or similar legal requirements, the approach to
enforcement varies considerably from country to country.
When lawyers trained in a common law jurisdiction face
customs enforcement in a civil law jurisdiction, they may
fail to recognize opportunities and defenses that may not
be available in their home country. This program will point
out some of those differences and illustrate how they
impact the defense of customs civil enforcement actions.
PROGRAM CHAIR & MODERATOR:
Robert E. Lutz, Southwestern Law School, Los Angeles, CA
PRIMARY SPONSORING COMMITTEE:
Customs Law Committee
SPEAKERS:
Mabel Alvarez Giay, Alliantia Abogados,
Buenos Aires, Argentina
Bruce Horowitz, Paz Horowitz Robalino Garces Abogados,
Quito, Ecuador
John Pate, De Sola Pate & Brown, Caracas, Venezuela
Marcos Rios, Carey Law Firm, Santiago, Chile
CO-SPONSORING COMMITTEES:
Canada Committee, International Trade Committee, Latin
American and Caribbean Committee, Mexico Committee
CO-SPONSORING COMMITTEES:
International Corporate Counsel Forum, International Law
Practice Management Forum, International Litigation
Committee, Latin American and Caribbean Committee,
Mexico Committee, Seasoned Lawyers Interest Network
(SIN), Transnational Legal Practice Committ
2:30 pm – 4:00 pm
Understanding Latin American Customs
Valuation and Duty Relief
BUSINESS / REGULATION / COMPLIANCE
Although Latin America countries are members of the
WTO’s Valuation Agreement, each country interprets and
applies the rule in its own way. For example, the criteria
used to evaluate which valuation method to apply differ
from country to country. Similarly, treatment of additions
and deductions to customs value, including discounts,
rebates, and royalties, are affected by differences in the
Latin American legal tradition. These inconsistencies can
affect the duties owed and make planning difficult for
exporters who do business in multiple countries. This
panel will discuss the variety of duty relief programs
available within the region and those programs and
agreements in place to encourage trade between Latin
America and North America. This panel of experts will
share their tips for properly valuing imported goods and
minimizing duty liabilities.
PRIMARY SPONSORING COMMITTEE:
Customs Law Committee
CO-SPONSORING COMMITTEES:
International Tax Committee, International Trade Committee
PROGRAM CHAIRS & MODERATORS:
Francisco J. Cortina, Chevez Ruiz Zamarripa,
Mexico City, Mexico
David Salkeld, Arent Fox, LLP, Washington, DC
SPEAKERS:
Leonor Cordvil, Gringnerg, Cordovil & Barros,
São Paulo, Brazil
H. Douglas Garfield, PepsiCo, Inc, Purchase, NY
Juan Pablo Orellana, Cariola, Santiago, Chile
4:00 pm – 4:30 pm
Networking Break
PROGRAM CHAIR:
Lawrence Friedman, Barnes, Richardson & Colburn, LLP,
Chicago, IL
PROGRAM CHAIR & MODERATOR
Christine Martinez, Barnes, Richardson & Colburn,
Chicago, IL
SPEAKERS:
Lawrence Hanson, Lawrence W. Hanson, P.C., Houston, TX
Greg Kanargelidis, Blakes, Cassels & Graydon, Toronto,
ON, Canada
Guido H. Krolovetzky, Estudio Beccar Varela,
Buenos Aires, Argentina
Andrea Weiss Balassiano, Bichara, Barata & Costa
Avogados, Rio de Janeiro, Brazil
4:30 pm – 6:00 pm
Killing the Messenger: The Prosecution
and Persecution of Journalists
and Human Rights Defenders
HUMAN RIGHTS
The killing and prosecution of journalists and human rights
defenders has reached alarming proportions.The problem
threatens freedom everywhere. The world has seen
journalists murdered while covering the Syrian conflict;
threatened and killed while covering Mexican drug cartels;
and imprisoned in Sub-Saharan Africa for exposing
corrupt government activities.Our experts will address the
dangers journalists encounter in these regions; explore
the protections afforded under international law; review
the international community’s response and recommend
what measures the legal community must take to ensure
that journalists and human rights defenders are able to
exercise their trade without illegal constraint. The 90
minute presentation will present photographs and video
particular to each regional focus. The presentation will
be supported by peer-reviewed materials prepared by
counsel for the ABA Center for Human Rights.
PRIMARY SPONSORING COMMITTEE:
International Human Rights Committee
CO-SPONSORING COMMITTEE:
Middle East Committee
PROGRAM CHAIRS:
Joseph Federici, American University of Afghanistan,
Kabul, Afghanistan
For the most up-to-date information, please visit: Ambar.org/ILFall2014
37
Friday, October 24, 2014 (continued)
Elizabeth Turchi, International Human Rights Committee,
The Hague, Netherlands
PRIMARY SPONSORING COMMITTEE:
U.S. Lawyers Practicing Abroad
MODERATOR:
Greg Mackenzie, The Hurley Firm, Albuqerque, NM
CO-SPONSORING COMMITTEES:
Europe Committee, Foreign Legal Consultant Committee,
International Ethics Committee, Transnational Legal
Practice Committee, Young Lawyers Interest Network (YIN)
SPEAKERS:
Eduardo Bertoni, Palermo University School of Law,
Buenos Aires, Argentina
Daniel Seckman, Syrian Research and Evaluation
Organization, Gaziantep, Turkey
4:30 pm – 6:00 pm
PROGRAM CHAIRS:
Anand S. Dayal, Koura & Co., Advocates and Barrister,
New Delhi, India
George S. Kounoupis, Hahalis & Kounoupis, P.C.,
Bethlehem, PA
BUSINESS / REGULATION / COMPLIANCE;
MODERATOR:
Laurence Wiener, Wiener • Sotos • Caparrós,
Buenos Aires, Argentina
Latin American Expropriations: Biting
Off More Than One Can Chew
A Region that expects to receive business initiatives from
foreign investors has to strongly defend its independence
and transparency in the administrative proceedings,
while complying with the principles of law regulated by
international rules. A strong promotion of investments
in specific areas is not enough if the rules of the game
are not clear, especially when expropriations and other
Governmental measures are taken. Moreover, the
access to public tenders or purchases in the context of
governmental proceedings is critical for investors. This
panel will address issues realted to transparency and
strict compliance with the law, governmental proceedings,
corruption, expropiation proceedings as well as the
relevance of tax benefits, competition rules, consumers’
rights, differences in treatment between national and
foreign investors if any, as key issues to receive foreign
business initiatives.
PRIMARY SPONSORING COMMITTEE:
Latin American and Caribbean Committee
CO-SPONSORING COMMITTEE:
International Investment and Development Committee
PROGRAM CHAIR:
Hector Ferreira, Hughes & Hughes, Montevideo, Uruguay
MODERATOR:
Eduardo Benavides, Berninzon & Benavides Abogados,
Lima, Peru
SPEAKERS:
Daniel Pino Arroba, Coronel & Pérez, Guayaquil, Ecuador
Dietmar Prager, Debevoise & Plimpton LLP, New York, NY
José Gregorio Torrealba, Hoet, Peláez, Castillo & Duque,
Caracas, Venezuela
Karla Wurth, Wurth, Kim & Costa Du Rels, Santa Cruz, Bolivia
4:30 pm – 6:00 pm
Market Access for Foreign Lawyers:
Are We Closer to Consensus?
LEGAL PRACTICE / ETHICS
In a prior Section meeting practitioners and academics
from India and Brazil, took a hard look at the issues
affecting attorneys looking to practice outside their
borders.This program will pick up the issue exactly two
years down the road to update the status of global market
access. Focusing again on those countries where the
battle is most heated (China, India, Brazil), panelists will
be asked to assess the current situation.Have the rules on
transnational practice relaxed or hardened? What are the
trends in regulation and ethics? What are the issues faced
by large, multi-jurisdictional law firms? How are they
different from smaller practices or solo practitioners who
may be ‘under the radar’?
38
SPEAKERS:
Jayanth Krishnan, Indiana University Maurer School of
Law, Bloomington, IN
Shu Liu, Jones Day, Shanghai, China
Antonio Tavares Paes, Costa, Waisberg, Tavares Paes
Sociedade de Advogados, São Paulo, Brazil
Antonio N. Piccirillo, Proskauer, São Paulo, Brazil
4:30 pm – 6:00 pm
Nowhere to Hide: Leveling the Playing
Field: Global Anti-Corruption Laws 2.0
BUSINESS / REGULATION / COMPLIANCE
A greater and greater number of countries are introducing
or amending anti-bribery statutes.Whilst still driven
by the U.S. Foreign Corrupt Practices Act, the global
anti-corruption regime is rapidly expanding.Recent
Developments in Anti-Corruption Law beyond the FCPA
and UK Bribery Act include new statutes from Brazil with
the Clean Companies Act, the Fighting Foreign Corruption
Act amending Canada’s anti-corruption law, and similar
regulations (or proposed legal bodies) in other countries
sucha as Russia, India, the UAE, China, and many Latin
American countries. Are these new laws genuinely tackling
anti-corruption and leveling the playing field or are they
being used for selective prosecution of only the deepest
pocketed multinational players? Join us as we analyze and
debate the Anti-Corruption Regime 2.0.
PRIMARY SPONSORING COMMITTEE:
International Anti-Corruption Committee
CO-SPONSORING COMMITTEES:
Corporate Social Responsibility Committee, International
Anti-Money Laundering Committee, Latin American and
Caribbean Committee
PROGRAM CHAIR & MODERATOR:
Mikhail Reider-Gordon, Navigant, Los Angeles, CA
PROGRAM CHAIR & SPEAKER:
Thomas O’Brien, Paul Hastings LLP, Los Angeles, CA
SPEAKERS:
Roberto de Michele, Banco Interamericano de Desarrollo
(InterAmerican Development Bank), Guatemala C.A,
Guatemala, Guatemala
Rafael Mendes Gomes, Chediak Advogados,
São Paulo, Brazil
Robert Amsterdam, Amsterdam & Partners LLP,
London, United Kingdom
4:30 pm – 6:00 pm
PRIMARY SPONSORING COMMITTEE:
UN & International Organizations Committee
Private International Law in a PostRecession World: The Theberge
Prize Award Winners’ Panel
CO-SPONSORING COMMITTEES:
International Courts Committee, International Family Law
Committee
PUBLIC INTERNATIONAL LAW / RULE OF LAW
Practical issues involving the transnational application
of law arise in virtually every area of law. This interactive
round table will explore the latest private international
law developments, including in commercial law,
electronic dispute resolution, international consumer law,
international civil litigation, and international family law.
The discussion will also review work of the Organization
of American States, the Hague Conference on Private
International Law, UNCITRAL, UNIDROT, and the European
Union. The panelists are winners of the section’s
prestigious Leonard J. Theberge Award for Private
International Law, an award honoring persons who have
made distinguished contributions to the development of
private international law.
PROGRAM CHAIR:
Mark E. Wojcik, The John Marshall Law School, Chicago, IL
MODERATORS:
Harold Burman, U.S. Department of State, Washington, DC
Lelia Mooney, Partners for Democtratic Change,
Washington, DC
SPEAKERS:
Ronald Brand, University of Pittsburgh School of Law,
Pittsburgh, PA
David Stewart, Georgetown University Law Center,
Washington, DC
Louise Ellen Teitz, Hague Conference on Private
International Law, The Hague, Netherlands
Peter Winship, Southern Methodist University School of
Law, Dallas, TX
7:00 pm – 2:00 am
Chair’s Closing Reception, Dinner and Dance at the Yacht Club Puerto Madero
Say farewell to colleagues – new and old – after an excellent week of networking at our final reception in the Yacht
Club Puerto Madero. This evening will include a reception, dinner, and dancing with great views of Buenos Aires.
One ticket per person is included for meeting attendees who have registered for the entire conference as part of your
Fall Meeting registration fee.
Proudly Sponsored by:
For the most up-to-date information, please visit: Ambar.org/ILFall2014
39
Saturday, October 25, 2014
10:00 am – 7:00 pm
Day Out at the Gaucho Pampas
Visit a typical “estancia” of the pampas with real
“gauchos,” a horse show, polo game, Argentine folk show,
food and wine! Transportation, lunch and tea included.
These opportunities only come by once!
Ticketed Event—$150
40
For the most up-to-date information, please visit: Ambar.org/ILFall2014
41
General Information
REGISTRATIONS/EARLY BIRD DISCOUNTS
Registrations must be postmarked no later than September 8, 2014, to receive the early bird
discount. Registrations must be received by the Section office by October 6, 2014, for registrants
to be included in the List of Attendees on the meeting website.
REFUND POLICY
• Cancellations must be made in writing and received by the Section office by October 6,
2014, for a full refund of fees, less a $100.00 administrative fee. No refund of registration
or fee for a ticketed event will be granted after that date except in the case of medical
emergency or extenuating circumstances approved by the Section in its sole discretion.
• When a completed registration form and payment have been submitted to the Section
office either by mail, fax, e-mail or through our online registration system, 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 lunch & guest tickets to other meeting attendees
unless the ticket is indicated to be “non-transferable.”
• Any refunds issued will be processed to the credit card on file for individuals who made the
payment via credit card.
EVENT TICKETS
All evening receptions are included with your registration fee with the exception of the Tuesday
Hospitality Night which is complimentary but subject to availability prior to September 8th.
Tickets for guests/spouses and luncheons may be purchased in advance on the registration form
or on-site up until the day before the event is scheduled to take place. We regret that because
we must guarantee our final numbers with the hotel and venues in advance of the event, we can
not sell same-day tickets. However, there will be a board in the Registration Area and Exhibition
Hall where meeting attendees may exchange and gift tickets.
HOTEL ACCOMMODATIONS
The host hotel for the 2014 Fall Meeting is the Hilton Buenos Aires. The Hilton Buenos Aires
reserved a limited block of rooms for the group until September 28, 2014 starting at the special
nightly rate of $269 plus applicable daily tax per room for single/double occupancy. Reservations
may be made online at http://bit.ly/1bwXqI9.The number of rooms available at this special rate
is limited, so early booking is recommended.
For a comprehensive list of alternative hotels and their location relative to the Hilton Buenos
Aires, please visit the Travel Information tab of our website: ambar.org/ILFall2014.
TRAVEL INFORMATION
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 http://www.americanbar.org/membership/
benefits_of_membership/travel_services.html 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.
VISA CONSIDERATIONS
To enter Argentina, a valid passport is required by all nationals. The passport must be valid for at
least six months beyond the date of departure from Argentina.
42
A Visa for Argentina is required for nationals from certain countries. Please contact your nearest
Argentina Embassy for information on what documentation you may require to enter Argentina.
**Please Note: Argentine law requires that, prior to arrival in Argentina at any entry point,
people traveling on a U.S., Canadian, or Australian passport must pay a $160 reciprocity
fee by credit card online at the Provincia Pagos website (http://www.provinciapagos.
com.ar/dnm/). Once paid, you must print out the receipt and present it to the Argentine
immigration officer at the time of entry. The fee is valid for ten years from the date of
payment and multiple entries. It is advisable to keep multiple copies of the receipt, as it
must be presented every time you enter Argentina. The fee applies only to bearers of tourist
passports. Travelers bearing diplomatic or official passports are required to get visas prior to
arrival in Argentina but are not charged the reciprocity fee, nor are travelers transiting and not
entering Argentina.**
DRESS CODE
For the 2014 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 2014 Fall Meeting programs by the ABA MCLE Division
from most states with general mandatory continuing legal education requirements for all lawyers
admitted in that state. All appropriate paperwork will be available at the CLE Counter next to the
Registration counter. The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR,
AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR,
PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program
for credit before the program occurs. The expected number of credit hours will be posted to the
2014 Fall Meeting website http://ambar.org/ILfall2014 under the CLE Events and Information
tab approximately six weeks before the meeting. This transitional program is approved for both
newly admitted and experienced attorneys in NY. For more information about CLE accreditation in
your state, visit http://www.americanbar.org/cle/mandatory_cle.html.
EXHIBITION AREA
The Exhibitors and Sponsors exhibition area will be open from Wednesday, October 22 through
Friday, October 24 at the Hilton Buenos Aires. Representatives from a variety of service providers
catering to the legal community will showcase their latest products and services to aid you in
your practice. All meeting attendees are encouraged to visit the displays of the Section’s partners
throughout the meeting and in particular during the twice daily networking breaks.
If you are interested in partnering with the Section to be an exhibitor or sponsor, please contact
Taylor Croley at Taylor.Croley@americanbar.org or at + 1-202-662-1663 for additional details
and information.
15% MEETING DISCOUNT ON SECTION PUBLICATIONS
Stop by the Section Membership and Publications Booth to preview the most popular Section
titles and receive a 15% discount on all publication orders.
MEETING APP
We are excited to announce the launch of our mobile app for the 2014 Fall Meeting! The app
serves as your all-in-one event guide by putting everything you need to know right onto your
mobile device. Customize your Buenos Aires experience by creating your schedule in advance,
seaching basic Spanish phrases and finding things to do around the city. Communicate with
other attendees during the event, follow along with presentations and take session notes. Email
For the most up-to-date information, please visit: Ambar.org/ILFall2014
43
General Information (continued)
session notes to yourself and use the app as a reference tool even after the conference ends.
The meeting app is currently available for free in iTunes for iOS devices and in GooglePlay
and Amazon for Android devices. Download yours today! Search “ABA SIL” in the app store or
download it directly at http://ativ.me/all14. Once the app is installed you may download the
“ABA SIL 2014 Fall Meeting” interactive conference program.
ADDITIONAL SPECIAL EVENTS
Hospitality Night: On Tuesday, October 21, members of the Buenos Aires legal community will
host Fall Meeting foreign attendees at their homes for a “Hospitality Night.” Attendees may bring
along accompanying guests, spouses, and/or significant others. Coordination and transportation
will be agreed among host and guests closer to the event. There is a limited capacity so please
register early! The deadline for registration is Sept 8.
Day Out in the Gaucho Pampas: On Saturday, October 25, visit a typical “estancia” of the
pampas with real “gauchos”, a horse show, polo game, Argentine folk show, food and wine!
Transportation, lunch and tea included for the ticketed price of $150. These opportunities only
come by once!
Registered Guest/Spouse/Significant Other Activities: Those spouses, guests and significant
others who have registered for the evening receptions will be hosted for optional daily
entertainment (Wed – Fri) by local Argentine women and men. The deadline for registration is
Sept 8.
Golf Outing: This activity will take place Tuesday, October 21. Space is limited and will be
assigned on a first come-first served basis. This event is subject to a minimum number of
registered attendees. If interested please contact Gerardo Viramonte at gvm@viramonte.com.ar
or Pablo Ferraro Mila at pfm@gfmlegal.com prior to September 22, 2014 for more details.
Interested in traveling Argentina before/after the conference? Check out our website and meeting
app for more information on pre/post conference tours.
44
ABA SECTION
OF INTERNATIONAL
LAW
MARK
YOUR CALENDAR
August 6-7
2014
Section Retreat
Boston, Massachusetts
August 7-10
ABA Annual Meeting
Boston, Massachusetts
September 19
The 6th Annual Conference on the Resolution of
CIS-Related Business Disputes
Moscow, Russia
October 21-25
Section Fall Meeting
Buenos Aires, Argentina
November 13
15th Annual Live from SEC
Washington, DC & London, United Kingdom
November 17-18
North America Regional Forum: Doing Business Within
the Region and Collaborating Abroad
Vancouver, BC, Canada
February 26
2015
Capital Markets in the 21st Century
London, United Kingdom
March 2-3
Asia Regional Forum
Tokyo, Japan
March 26-27
European Regional Forum
Berlin, Germany
April 28- May2
Section Spring Meeting
Washington, DC
June
Africa Regional Forum
Nairobi, Kenya
October 20-24
Section Fall Meeting
Montreal, QC, Canada
ABA Section of
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ABA Section of International Law I
ABA Section of International Law II
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