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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 Primary Meeting Sponsor Onsite Meeting Program TABLE OF CONTENTS Letter from the Chairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2014 Fall Meeting Planning Committee . . . . . . . . . . . . . . . . . . . . . . .4 2014 Fall Meeting Sponsors and Exhibitors . . . . . . . . . . . . . . . . . . . 10 2014 Fall Meeting Cooperating Entities . . . . . . . . . . . . . . . . . . . . . 16 Meeting Agenda Tuesday, October 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Wednesday, October 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Thursday, October 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Friday, October 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Saturday, October 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Mark Your Calendar . . . . . . . . . . . . . . . . . . . . . . . Inside Back Cover Ambar.org/ILFall2014 1 LETTER FROM THE CHAIRS LETTER FROM THE CHAIRS Dear Colleagues, O n behalf of the ABA Section of International Law (“The Section”), we are pleased to extend you a warm welcome to a very special Fall Meeting in Buenos Aires. The Section’s Fall Meeting is one of the world’s most important gatherings of international lawyers and we are glad that you have chosen to be with us! While you are in Buenos Aires, you will never stand still! Tuesday evening will feature our new Hospitality Night at the homes of attorneys from Buenos Aires (please note this reception was complimentary, but subject to space, so you will have been notified prior to the conference if you were selected to participate in this reception). On Wednesday early morning we have our soon to be “traditional” 5k Run/2k Power walk. Even if you did not pre-register for this event, or are a sporadic jogger, we encourage you to participate! During the week we have over 70 fantastic continuing legal education sessions with world-class speakers ranging from Business Disputes to Rule of Law. You especially do not want to miss out on the 4.5 Credits of Ethics CLE! Programs approved for Ethics CLE are noted in the following pages. In the evenings, we hope that you enjoy our wonderful networking opportunities around Buenos Aires. Wednesday is our Opening Reception at the Hilton Buenos Aires, followed by optional Committee dinners, Thursday will carry a special treat at the Palacio Paz (transportation provided), and Friday we will dance the night away at the Chair’s Closing Reception/Dinner/Dance at the Yacht Club Puerto Madero (only a short walk from the Hilton hotel). We have also planned daily activities around Buenos Aires for registered spouses, significant others and guests. The Section’s 60+ committees are its true heart, and the committees will be front and center at this Meeting. Committee meetings and dinners are open to everyone registered, regardless of whether you are already a committee 2 For the most up-to-date information, please visit: LETTER FROM THE CHAIRS member. Each provides a great opportunity to meet with leaders in the field and to make contacts that can last a lifetime. Please speak with the staff members at the registration desk for more information. We want to especially thank the Buenos Aires City Chapter for their tremendous and continued support in bringing the Section’s Fall Meeting to this great city. Your work has truly made a difference and we thank you for your hard work and dedication to our Section. We thank you all for joining us in the magical city of Buenos Aires and look forward to sharing the coming days with you! Sincerely, Marcelo Bombau Chair, ABA Section of International Law Manuela Cavallo Fabian Pal Marcos Ríos Sara Sandford 2014 Fall Meeting Steering Committee Ambar.org/ILSpring2014 Carlos Velázquez de León 3 STEERING PLANNINGCOMMITTEE, COMMITTEE HOST COMMITTEE AND PLAN Current as of 10/3/2014 Section Chair Marcelo Bombau • M. & M. Bomchil Abogados • Buenos Aires, Argentina PLANNING COMMITTEE 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 Sara Sandford • Garvery Schubert Barer • Seattle, WA, USA Jessica Smith • American Bar Association Section of International Law • Washington, DC, USA Walter Stuber • Walter Stuber Consultoria Jurídica • São Paulo, Brazil 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 4 Pablo Crescimbeni • Curutchet-Odriozola Abogados • Buenos Aires, Argentina Saúl Feilbogen • VMF Vitale Manoff & Feilbogen • Buenos Aires, Argentina Pablo Ferraro Mila • GFM Gonzalez & Ferraro Mila • Buenos Aires, Argentina Adrián Furman • M. & M. Bomchil • Buenos Aires, Argentina 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-SotoCaparros • 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 Javier Etcheverry Boneo • Marval, O’Farrell & Mairal • Buenos Aires, Argentina Fernando Gamiz • BDO Argentina • Buenos Aires, Argentina Cristián Fox • Allende & Brea • Buenos Aires, Argentina Laura Lavia Haidempergher • M. & M. Bomchil • Buenos Aires, Argentina Mariela Melhem • Mitrani Caballero Ojam & Ruiz Moreno • Buenos Aires, Argentina For the most up-to-date information, please visit: NING COMMITTEE Marketing Committee (and also members of the Planning Committee) 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 Quinn Smith • Gomm and Smith PA • Miami, Florida, USA Diane Penneys Edelman • Villanova University School of Law • Villanova, Pennsylvania, USA Ambar.org/ILFall2014 Susan M. Wyckoff • Counsil, Baradel, Kosmeri & Nolan P.A. • Annapolis, Maryland, USA Sohom Datta • New York University Law School • New York, NY, 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 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 • Law Offices of Aaron Schildhaus • Washington, DC Pablo Vergara del Carril • Zang, Bergel & Viñes • Buenos Aires, Argentina 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 Francisco Aninat • Bofill Escobar Abogados • Santiago, Chile 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 5 PLANNING COMMITTEE PLANNING COMMITTEE (continued) 6 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 Cecil Saehoon Chung • Yulchon LLC • Seoul, Korea Mykell Clem • Louisiana 4th Circuit Court of Appeals • New Orleans, Louisiana, USA Domenica Colella • Orsingher Ortu – Avvocati Associati • Rome, Italy 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 • New York University Law School • New York, NY, 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 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 Luis E. Lucero • Marval, O’Farrell & Mairal • Buenos Aires, Argentina Robert E. Lutz • Southwestern Law School • Los Angeles, California, 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 For the most up-to-date information, please visit: Ambar.org/ILFall2014 Mara Senn • Arnold Porter • Washington, DC, USA Charles Siegel • Waters Kraus • Dallas, Texas, USA Patrick F. Speice, Jr. • Academi • McLean, Virginia, USA 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 PLANNING COMMITTEE Thomas H. Norgaard • Debevoise & Plimpton LLP • New York, New York, USA Allyson Harris Owens • Howard County Office of Law • Elliott City, Maryland, USA Marcelo Freitas Pereira • CWTP Sociedade de Advogados • São Paulo, Brazil Nikolaus Pitkowitz • GRAF & PITKOWITZ • Vienna, Austria Joseph L. Raia • Gunster • Miami, Florida, USA Kevin P. Ray • Greenberg Traurig, LLP • Chicago, Illinois, 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 • CWTP Sociedade de Advogados • São Paulo, Brazil Lisa Savitt • Crowell and Morring • Washington, DC, USA Peter S. Selvin • TroyGould PC • Los Angeles, California, USA 7 SPONSORS SPONSORS AND AND EXHIBITORS EXHIBITORS Primary Meeting Sponsor Gold Sponsor Premier Media Partner SPONSORS AND EXHIBITORS Online Media Partners 10 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: Thursday Palacio Paz Reception, Tango Lessons, Malbec Wine, Buenos Aires City Excursion Sponsors (continued) SPONSORS AND EXHIBITORS Ambar.org/ILFall2014 11 SPONSORS AND EXHIBITORS (continued) SPONSORS AND EXHIBITORS Friday Yacht Club Reception Sponsors Wednesday Luncheon Sponsors Thursday Luncheon Sponsor Program Materials Sponsor Panel Sponsor 12 For the most up-to-date information, please visit: Hotel Key Cards & Welcome Flyers Sponsor Lanyard Sponsor Conference Pads & Pens Sponsor Conference Ipad Holder Insert Sponsor SPONSORS AND EXHIBITORS Country Sponsors Luxembourg Switzerland Ireland Mexico Italy Exhibitor Ambar.org/ILFall2014 13 SPONSORS AND EXHIBITORS (continued) Meeting Supporters SPONSORS AND EXHIBITORS Publicity Sponsors Platinum Argentine Media Sponsor 14 Media Sponsors SPONSORS AND EXHIBITORS Ambar.org/ILFall2014 15 COOPERATING ENTITIES COOPERATING ENTITIES 16 For the most up-to-date information, please visit: COOPERATING ENTITIES Ordem dos Advogados do Brasil - Seção de São Paulo Ambar.org/ILFall2014 17 COOPERATING ENTITIES COOPERATING ENTITIES (continued) 18 MEETING AGENDA TUESDAY, OCTOBER 21, 2014 All programs are located on the 5th floor unless otherwise noted. 12:00 pm – 7:30 pm 5th Floor Meeting Desk Fall Meeting Registration Open 12:00 pm – 3:00 pm Buen Ayre A, 2nd Floor 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. 3:30 pm – 5:00 pm Pacara A Get in the Driver’s Seat: What is Driving Changes in the Legal Marketplace TUESDAY, OCTOBER 21 LEGAL PRACTICE / ETHICS 22 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 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 knowledgebased, client focused, lawyer-driven initiative that has surveyed a broad crosssection 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 Moderator & Program Chair: Cyndee Todgham-Cherniak, Lexsage LLC, Toronto, ON, Canada Speaker: Fred Headon, Air Canada, Montreal, QC, Canada 3:30 pm – 5:00 pm Pacara B Challenges for Women Professionals in the 21st Century LEGAL PRACTICE / ETHICS Join us for a lively conversation between an Argentine Supreme Court Justice, a future ABA President and a former Section of International Law Chair. These three 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: Paulette Brown, Edwards Wildman Palmer LLP, Morristown, NJ Gabrielle Buckley, Vedder Price, P.C., Chicago, IL Elena Highton de Nolasco, Argentine Supreme Court Justice, Buenos Aires, Argentina For the most up-to-date information, please visit: 3:30 pm – 5:00 pmAlerce Pathways to Employment in International Law (NON-CLE) 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. Primary Sponsoring Committee: Young Lawyers’ Interest Network (YIN) Program Chair: Angela Benson, American Bar Association, Washington, DC Speakers: Hedwin Salmen-Navarro, Salmen Navarro & Lavergne, P.C., New York, NY Aaron Schildhaus, Women Empowerment Now, Buenos Aires, Argentina 5:00 pm – 6:30 pmBuen Ayre A, 2nd Floor 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 attendees at their homes for a “Hospitality Night.” This event is open to those who pre-registered; onsite registration is not available. TUESDAY, OCTOBER 21 Ambar.org/ILFall2014 23 WEDNESDAY, OCTOBER 22 MEETING AGENDA (continued) WEDNESDAY, OCTOBER 22, 2014 6:50 am – 8:00 am 9:00 am – 10:30 am Pacara B IP Licensing in Brazil and Argentina: Problems and Opportunities 5k Run/2k Power Walk BUSINESS / REGULATION / COMPLIANCE Ticketed Event—$35 Join us for a 5k Run/2k Power Walk through the riverside area of Buenos Aires. Fee includes refreshments & commemorative T-shirt. This event will begin at 6:50 am sharp from the hotel’s main entrance. 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. 8:00 am – 7:00 pm 5th Floor Meeting Desk Registration Desk Open 8:00 am – 7:00 pm 5th Floor Foyer 8:00 am – 8:50 am Buen Ayre C, 2nd Floor Exhibit Hall Open Continental Breakfast & Committee Breakfast Meetings Sponsored by: Primary Sponsoring Committee: International Intellectual Property Rights Committee Co-Sponsoring Committee: Latin American and Caribbean Committee Program Chair & Speaker: 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. A selection of pastries, fruits, juices, coffee & tea will be provided. 24 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) For the most up-to-date information, please visit: 9:00 am – 10:30 am BUSINESS / REGULATION / COMPLIANCE DISPUTE RESOLUTION / LITIGATION; PUBLIC INTERNATIONAL LAW / RULE OF LAW PE/VC in Latin America: Challenges and Opportunities in a Growing but Challenging Market 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 & Speakers: 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 Ambar.org/ILFall2014 Pacara A Sovereign Debt Enforcement: The U.S. Supreme Court Wades Into the Argentinian Default Case 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? WEDNESDAY, OCTOBER 22 9:00 am – 10:30 am Jacaranda 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 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 25 WEDNESDAY, OCTOBER 22 MEETING AGENDA (continued) Professor Rodrigo Olivares-Caminal, Centre for Commercial Law Studies, Queen Mary University of London, London, United Kingdom This panel will be conducted in Spanish. Simultaneous translation will be provided. 9:00 am – 10:30 amAlerce 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. Speakers: Ricardo Beller, Marval, O’Farrell & Mairal, Buenos Aires, Argentina Melissa Brown, AlixPartners, Dallas, TX Stephen Burns, Organisation for Economic Co-operation and Development (OECD), Paris, France Laura M. Nava, McKenna Long & Aldridge LLP, San Diego, CA 9:00 am – 10:30 am Quebracho B Will the Investors Come to Help You Build It? How to Succeed with Needed Redevelopment and Infrastructure Projects M&A / FINANCE / TAX Sponsored by: David Barrack, Fulbright & Jaworski LLP, New York, NY Robin Phelan, Haynes and Boone, Dallas, TX 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. Moderator: Primary Sponsoring Committee: Primary Sponsoring Committee: International Secured Transactions Committee Co-Sponsoring Committees: International Energy & Natural Resources Committee, Latin American and Caribbean Committee Program Chairs: Richard Walsh, Global Risk Solutions LLC, Southampton, NY Cross-Border Real Estate Practice Committee Co-Sponsoring Committee: International Investment and Development Committee 26 For the most up-to-date information, please visit: 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 Quebracho A FATCA: The New U.S. and Latin America Relationship M&A / FINANCE / TAX FATCA (Foreign Account Tax Compliance Act) has impacted not only Mexicans but citizens/residents from Switzerland, The British Virgin Islands, Luxembourg and Belgium, etc. (amongst others with whom the US has signed FATCA Agreements) that have financial investments in the USA that earn more than US$10 per year and has caused untold millions of US dollars to leave the United States (for countries that do not have such or similar agreement with Mexico) and has also caused that the renunciation of US citizenship increase significantly. Primary Sponsoring Committee: Mexico Committee Program Chair & Moderator: Aureliano Gonzalez-Baz, Bryan, Gonzalez Vargas & Gonzalez Baz, S.C., Mexico City, Mexico Speakers: Ana María Correa, Lewin Y Wills, Bogotá, Colombia Sabrena Silver, Esq., Linklaters LLP, New York, NY Ambar.org/ILFall2014 Jose Luis Rodriguez Macedo, Altipat, S.C., Mexico City, Mexico Claudia Tapias, Tozzini Freire, São Paulo, Brazil 10:30 am – 11:00 am Networking Break 5th Floor Foyer 11:00 am – 12:30 pm WEDNESDAY, OCTOBER 22 Program Chair & Moderator: Quebracho A 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 decision-making, 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 Interest Network (YIN) Program Chair & Speaker: Lisa Savitt, Crowell & Moring LLP, Washington, DC Program Chair & Moderator: Lelia Mooney, Partners for Democtratic Change, Washington, DC 27 WEDNESDAY, OCTOBER 22 MEETING AGENDA (continued) Speakers: Paulette Brown, Edwards Wildman Palmer LLP, Morristown, NJ Elisabeth Eljuri, Norton Rose Fulbright, Caracas, Venezuela Diana Mondino, CEMA University, Buenos Aires, Argentina 11:00 am – 12:30 pmJacaranda 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 crossborder 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. 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 pmAlerce 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, cross-border 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: Europe Committee Robert Brodegaard, Brodegaard & Associates, New York, NY Guy Lipe, Vinson & Elkins L.L.P., Houston, TX Co-Sponsoring Committees: Moderator: Primary Sponsoring Committee: The Honorable Harvey Brown, First Court of Appeals, Houston, TX (Invited) International M&A and Joint Venture Committee Program Chair & Moderator: Pat English, Matheson, Dublin, Ireland 28 For the most up-to-date information, please visit: Claudia Ines Benavides Galvis, Baker & McKenzie, Bogotá, Colombia Jimena Olmos, Perez Alati, Grondona, Benites and Arntsen, Buenos Aires, Argentina 11:00 am – 12:30 pm Ethics in Billing: What Every International Law Practitioner Must Know Pacara B 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. Relevant rules of professional responsibility that relate to competence, communication with client, Rule 1.5 relating to reasonableness of fees, ABA Formal Opinion 93-379, alternative billing and the impact of foreign law on cross-border transactions, among others. 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: Gabrielle Buckley, Vedder Price, P.C., Chicago, IL Fernando Jamarne, Alessandri, Santiago, Chile 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 Ambar.org/ILFall2014 11:00 am – 12:30 pm Privacy and Data Protection: Business and Social Media Pacara A 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. WEDNESDAY, OCTOBER 22 Speakers: 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 Program Chair & Moderator: Brigitte Gambini, Gambini International Law Office, New York, NY Speakers: Maria Helena Bragaglia, Demarest Advogados, São Paulo, Brazil Ingrid Busson-Hall, Morgan Stanley, New York, NY Miguel Ángel Melero, Cuatrecasas, Gonçalves Pereira, Madrid, Spain 29 WEDNESDAY, OCTOBER 22 MEETING AGENDA (continued) 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 This panel will be conducted in Spanish. Simultaneous translation will be provided. 11:00 am – 12:30 pm Quebracho B 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 30 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 Buen Ayre C, 2nd Floor Luncheon with Exmo. Sr. Min. Joaquim Barbosa, Ministro do Supremo Tribunal Federal - Brazil Ticketed Event—$75 Proudly Sponsored by: Joaquim Barbosa is a “Ministro” of the Brazilian Supreme Court (“Supremo Tribunal Federal”), sitting on the bench from 2004 until his retirement in 2014. On October 10th, 2012, Minister Barbosa was elected Chief Justice (“Presidente”) of the Court, a capacity held until his retirement. Before that, he held the positions of Public Prosecutor (“Procurador da República”) and Head of General Counsel for the Ministry of Health. He obtained his PhD in Public Law from Paris-II University (Panthéon-Assas). Currently, he is a professor and lecturer. For the most up-to-date information, please visit: 2:30 pm – 4:00 pm DISPUTE RESOLUTION / LITIGATION M&A / FINANCE / TAX; REGIONAL ISSUES / ENVIRONMENTAL Cross-Border Enforcement of Court Judgments and Arbitral Awards: Opportunities, Pitfalls, Flaws, Remedies 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 Patrick Goudreau, DS Welch Bussieres, Montréal, QC, Canada William Savitt, Wachtell, Lipton, Rosen & Katz, New York, NY Quebracho B Developing and Financing Renewable Energy Projects in Latin America and the Caribbean: Challenges and Opportunities 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. WEDNESDAY, OCTOBER 22 2:30 pm – 4:00 pmJacaranda 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 Program Chair: Jeffrey Goodman, Norton Rose Fulbright, Washington, DC Program Chair & Moderator: Amala Nath, Norton Rose Fulbright, Washington, DC Speakers: Mark C. Paist, Assistant General Counsel, Overseas Private Investment Corporation, Washington, DC Martin Lythgoe, Deputy General Counsel, Duke Energy Corporation, Houston, TX Lara M. Rios, Deputy General Counsel, ContourGlobal, New York, NY Ambar.org/ILFall2014 31 WEDNESDAY, OCTOBER 22 MEETING AGENDA (continued) Paloma Valeria Martins Lima, Machado, Meyer, Sendacz e Opice Advogados, Rio de Janeiro, Brazil 2:30 pm – 4:00 pm Pacara B 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: 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. Primary Sponsoring Committee: China Committee Co-Sponsoring Committee: International Arbitration Committee Program Chairs: Brenda Horrigan, Herbert Smith Freehills LLP, Shanghai, China Christian Leathley, Herbert Smith Freehills LLP, London, United Kingdom International Intellectual Property Rights Committee, Latin American and Caribbean Committee, Russia/Eurasia Committee Moderator: Program Chair & Moderator: Speakers: 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 32 2:30 pm – 4:00 pmAlerce Renato Grion, Pinheiro Neto Advogados, São Paulo, Brazil Francisco Abriani, Freshfields Bruckhaus Deringer US LLP, New York, NY Pablo Rueda, Perez Alati, Grondona, Benites, Arntsen & Martinez De Hoz, Buenos Aires, Argentina Fernando Dias Simões, University of Macau, Macau, China For the most up-to-date information, please visit: More Art than Law?: What a Lawyer Needs to Know about Drafting a Legal Opinion Pacara A 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 2:30 pm – 4:00 pm Quebracho A 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: Speakers: Co-Sponsoring Committees & Organizations: Maria Cibele Crepaldi Affonso dos Santos, CWTP Sociedade de Advogados, São Paulo, Brazil Randall Hanson, Womble Carlyle Sandridge & Rice, LLP, Greensboro, NC Carlos E. Martinez, Proskauer Rose LLP, New York, NY Rony Zimerman, Bofill Mir & Alvarez Jana, Santiago, Chile This panel will be conducted in Spanish. Simultaneous translation will be provided. Program Chairs: Ambar.org/ILFall2014 WEDNESDAY, OCTOBER 22 2:30 pm – 4:00 pm International Human Rights Committee, Seasoned Lawyers Interest Network (SIN), Women’s Interest Network (WIN), Women’s Empowerment Now (WEN - Buenos Aires, Argentina) Dr. Isabella D. Bunn, Oxford University, Regents Park College, Oxford, United Kingdom Aileen Pisciotta, Executive Counsel PLC, Washington, DC Moderator: Aaron Schildhaus, Women Empowerment Now, Buenos Aires, Argentina 33 WEDNESDAY, OCTOBER 22 MEETING AGENDA (continued) Speakers: Gretchen C. Bellamy, Wal-Mart Stores, Inc., Fayetteville, AR 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) 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: The Ethics of Transnational Practice: A Roundtable of Current Issues Javier Canosa, Canosa Abogados, Buenos Aires, Argentina Alexandra Darraby, The Art Law Firm, Los Angeles, CA Brigitte Gambini, Gambini International Law, New York, NY Delphine Pujos, Linklaters, Paris, France Diego Serrano Redonnet, Perez Alati, Grondona, Benites Arntsen & Martinex de Hoz, Buenos Aires, Argentina LEGAL PRACTICE / ETHICS 4:30 pm – 6:00 pmJacaranda 4:00 pm – 4:30 pm Networking Break 4:30 pm – 6:00 pm 5th Floor Foyer Pacara B 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. Those rules include issues relating to attorney-client confidentiality, ability of non-lawyers to share fees, aiding and abetting unauthorized practice of law, the reach of ABA Model Rule 5.5 and recent recommendations of the 2020 Committee to resolve cross-border conflicts of interest, pro hac vice reforms and the issue of “fly in, fly out.” 34 Primary Sponsoring Committee: 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. For the most up-to-date information, please visit: Primary Sponsoring Committee: Co-Sponsoring Committees: Co-Sponsoring Committee: International Anti-Corruption Committee 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 Quebracho B 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 wellestablished 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, anticorruption measures, intellectual property and employment. Ambar.org/ILFall2014 Aerospace and Defense Committee International M&A and Joint Venture Committee Program Chair: Nancy A. Matos, Baker & McKenzie Amsterdam N.V., Amsterdam, The Netherlands WEDNESDAY, OCTOBER 22 Primary Sponsoring Committee: 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 Salli Swartz, ArtusWise, Paris, France 4:30 pm – 6:00 pm Plug Your Lamp Next Door: Energy Integration Efforts in the Andean Region Pacara A 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 35 WEDNESDAY, OCTOBER 22 MEETING AGENDA (continued) Sebastián Pérez-Arteta, Pérez Bustamante & Ponce, Quito, Ecuador (Invited) Sandra Manrique, Prietocarrizosa, Bogotá, Colombia Daniel Urbina, IC Power, Lima, Peru This panel will be conducted in Spanish. Simultaneous translation will be provided. 4:30 pm – 6:00 pmAlerce 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-shapedU.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 36 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 Ignacio Torterola, Brown Rudnik LLP, Washington, DC 4:30 pm – 6:00 pm Quebracho A Global Strategic Alliances and IP-Centric Product Development BUSINESS / REGULATION / COMPLIANCE In times of open innovation, there is a consensus among the world’s most innovative companies that it is not possible to develop all necessary R&D activities in house. The main reasons for this conclusion are: (i) even though the company has a very well structured R&D department, it is not likely that it will have all technical expertise to develop its R&D activities; (ii) it is too expensive to conduct all R&D activities alone; and (iii) the company does not wish to take alone all risks involved in a R&D project. Based on this scenario, the companies started developing collaborative R&D projects with third parties (private companies, public entities, funding agencies, etc.) However, even though collaborative R&D projects can offer a number of benefits (risks division, cost reduction, etc.), they also bring a lot of concerns to the company, such as: rights of the parties concerning the results/ IP generated in the project; confidentiality of the project; management of the resources applied by the parties to develop the project; post-contractual issues, etc. The purpose of this panel is to discuss, from a comparative analysis of the laws and practice of different countries (with a special focus on Brazil and Argentina, in comparison to the practice in For the most up-to-date information, please visit: Primary Sponsoring Committee: International Intellectual Property Rights Committee Program Chair & Speaker: Carlos Eduardo Eliziário de Lima, Dannemann Siemsen Advogados, São Paulo, Brazil Program Chair & Moderator: Daniel McGlynn, Emcore Corporation, Albuquerque, NM Speaker: Catherine Vernon, Retired General Counsel, Formica Corporation, Sarasota, FL 7:00 pm – 10:00 pm 9:00 pm – 11:00 pm Committee Dinners Take advantage of free time after our evening receptions 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. Even if you do not belong to a committee you are invited to join. If you have any questions about planning or participating in a committee dinner at the Fall Meeting, please contact Jonathan Lewis at jonathan.lewis@americanbar.org. WEDNESDAY, OCTOBER 22 US and Europe), how these concerns can be properly addressed during the negotiation of the R&D projects and the drafting of the contracts. 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. Ambar.org/ILFall2014 37 MEETING AGENDA (continued) THURSDAY, OCTOBER 23, 2014 8:00 am – 7:00 pm 5th Floor Meeting Desk Registration Desk Open 5th Floor Foyer 8:00 am – 8:50 am Buen Ayre C, 2nd Floor THURSDAY, OCTOBER 23 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. A selection of pastries, yogurt, cereal, juices, coffee & tea will be provided. 8:00 am – 8:50 am Buen Ayre B, 2nd Floor 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. A selection of pastries, yogurt, cereal, juices, coffee & tea will be provided. 38 Pacara B The Challenges of AntiCorruption Compliance and its Impact on Global Mobility BUSINESS / REGULATION / COMPLIANCE 8:00 am – 7:00 pm Exhibit Hall Open 9:00 am – 10:30 am 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 For the most up-to-date information, please visit: 9:00 am – 10:30 am Educating the Future Transnational Lawyer: Models of Legal Education and Legal Scholarship in Latin America Quebracho A Rodrigo Correa Gonzalez, Dean, Universidad Adolfo Ibáňez, Santiago, Chile Verónica Sandler, Universidad Argentina de la Empresa (UADE), Buenos Aires, Argentina LEGAL PRACTICE / ETHICS 9:00 am – 10:30 am 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: Alfredo Attie, Jr., Supreme Court, São Paulo, Brazil Paulo Brancher, Barretto Ferreira e Brancher – Sociedade de Advogados (BKBG) & Pontifícia Universidade Católica de São Paulo, São Paulo, Brazil Ambar.org/ILFall2014 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 anticorruption 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-thanaverage 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. THURSDAY, OCTOBER 23 The model for training and educating tomorrow’s lawyers used in Latin America is in many ways 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. Pacara A Global Anti-Corruption Enforcement Efforts in the Post-Recession World: Latin America and Beyond 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 This panel will be conducted in Spanish. Simultaneous translation will be provided. 39 MEETING AGENDA (continued) 9:00 am – 10:30 am Quebracho B LATAM Investments Reviewed: Keep Your Friends Close and Your Enemies Closer THURSDAY, OCTOBER 23 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 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 9:00 am – 10:30 amJacaranda 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 and road blockades when diplomatic efforts failed to produce results. The dispute was brought before both the International Court of Justice (ICJ) and the Mercosur Tribunal. The panelists 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 on current activities in the two disputing countries. Primary Sponsoring Committee: International Environmental Law Committee Co-Sponsoring Committees: Luiz Felipe Centeno Ferraz, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados, São Paulo, Brazil International Courts Committee, International Investment and Development Committee, Latin American and Caribbean Committee, Law Student, LL.M., and New Lawyer Outreach Committee Program Chair & Moderator: Program Chairs: Program Chair: Manuel Benites, Perez Alati, Grondona, Benites, Arntsen & Martinez de Hoz, Buenos Aires, Argentina Speakers: Alex Fischer, Carey y Cía. Ltda, Santiago, Chile 40 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 Alicia Cate, U.S. Department of State, Washington, DC Renee Martin-Nagle, Environmental Law Institute, Washington, DC Moderator: Fatima Ahmad, AZI Consulting, Inc., Oakton, VA For the most up-to-date information, please visit: Speakers: Lilian del Castillo Laborde, University of Buenos Aires School of Law, Buenos Aires, Argentina Eduardo Jiménez de Aréchaga, Castello, Jiménez de Aréchaga & Robaina Abogados, Montevideo, Uruguay Dr. Diego Rodriguez, M’Bigua Foundation, Paraná, Argentina 9:00 am – 10:30 amAlerce 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, Retired General Counsel, Formica Corporation, Sarasota, FL Ambar.org/ILFall2014 John Folks, General Counsel, The Ruhrpumpen Group of Companies, Tulsa, OK (Invited) Nuria Gonzalez, Novartis Argentina, Buenos Aires, Argentina Lelia Mooney, Partners for Democtratic Change, Washington, DC Gerardo Noto, Democratic Governance Team Leader, Regional Bureau for Latin America & Caribbean, United Nations Development Program, New York, NY Elizabeth Turchi, United Nations Legal Officer, The Hague, The Netherlands 10:30 am – 11:00 am 5th Floor Foyer Networking Break THURSDAY, OCTOBER 23 Being the Good Global Corporate Citizen: Dealing with the Current Business Guidelines and Standards of Conduct for Multinational Corporations Speaker: 11:00 am – 12:30 pm Alerce 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 long- 41 MEETING AGENDA (continued) term legacy of international justice, and ethical obligations of attorneys appearing before courts that disappear. basics of an acquisition in the United States from each lawyer’s perspective. Primary Sponsoring Committee: International Courts Committee International M&A and Joint Venture Committee Co-Sponsoring Committees: Co-Sponsoring Committee: THURSDAY, OCTOBER 23 Africa Committee, International Criminal Law Committee, International Judicial Affairs Committee, UN & International Organizations Committee Program Chairs & Moderators: Viren Mascarenhas, King & Spalding, New York, NY Mark E. Wojcik, The John Marshall Law School, Chicago, IL Speakers: 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: 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, The Netherlands 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 11:00 am – 12:30 pmJacaranda Quebracho B Key Drivers for Latin American Investing in United States Public Companies 42 Primary Sponsoring Committee: Remedies For Technology Venture Capitalists in Latin America: An Uncharted Journey M&A / FINANCE / TAX DISPUTE RESOLUTION / LITIGATION 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 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 For the most up-to-date information, please visit: regulation; and the availability of insurance and contractual protections for investors. contradictory regulatory issues company may face in conducting a global business. Primary Sponsoring Committee: Primary Sponsoring Committee: Co-Sponsoring Committees: Co-Sponsoring Committee: International Litigation Committee International Trade Committee International Arbitration Committee, Latin American and Caribbean Committee, Privacy, E-Commerce & Data Security Committee Program Chair & Moderator: 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 Carlos Urrutia Valenzuela, Brigard & Urrutia, Bogotá, Colombia 11:00 am – 12:30 pm Taming the Hydra: The Role of Corporate Counsel in InterJurisdictional Legal Issues Pacara A 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 Ambar.org/ILFall2014 Ambar.org/ILSpring2014 Program Chair & Moderator: Geoffrey Kubrick, McMillan LLP, Ottawa, ON, Canada Speakers: Roberto Silva, The Sapa Group, São Paulo, Brazil Martin Malvarez, The Techint Group, Buenos Aires, Argentina Mariela Inés Melhem, Mitrani Caballero Ojam & Ruiz Moreno Abogados, Buenos Aires, Argentina This panel will be conducted in Spanish. Simultaneous translation will be provided. 11:00 am – 12:30 pm THURSDAY, OCTOBER 23 Kenneth Rashbaum, Barton LLP, New York, NY International Procurement Committee Quebracho A 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 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 43 MEETING AGENDA (continued) 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 THURSDAY, OCTOBER 23 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 Pacara B We Can’t Stop the Fire!: Impact of Environmental and Social Aspects on Current Investment and Financing Opportunities 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: Mariale Alvarez, The Nature Conservancy, Buenos Aires, Argentina André de Almeida, Almeida Advogados, São Paulo, Brazil Jessica A. Springsteen, Clifford Chance LLP, Washington, DC Rafael Vergara, Carey y Cía. Ltda., Santiago, Chile 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 44 For the most up-to-date information, please visit: 12:45 pm – 2:15 pm Buen Ayre C, 2nd Floor Luncheon with the Secretary General of the Organization of American States, Mr. José Miguel Insulza Ticketed Event—$75 Proudly Sponsored by: 2:30 pm – 4:00 pm Adoption/Re-Homing of Children and Human Rights Pacara A 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 Ambar.org/ILFall2014 THURSDAY, OCTOBER 23 José Miguel Insulza has been the Secretary General of the Organization of American States for almost a decade. At the beginning of his first five-year term as Secretary General, he pledged to strengthen the Organization’s “political relevance and its capacity for action.” A lawyer by profession, he has a law degree from the University of Chile, did postgraduate studies at the Latin American Social Sciences Faculty, and has a master’s in political science from the University of Michigan. This Chilean politician also has an accomplished record of public service in his country.In the early 1970s, Mr. Insulza played an active role in Salvador Allende’s Popular Unity government and, following the coup that brought General Augusto Pinochet into power, he went into exile for 15 years, first in Rome (1974-1980) and then in Mexico (1981-1988). Mr. Insulza was able to return to Chile in early 1988 and joined the Coalition of Parties for Democracy, the coalition that won the plebiscite against the Pinochet regime in October of that year. He has held numerous high-level posts in several Coalition governments. During the administration of President Patricio Aylwin, Mr. Insulza served as Chilean Ambassador for International Cooperation, Director of Multilateral Economic Affairs at the Ministry of Foreign Affairs and Vice President of the International Cooperation Agency. Under the administration of President Eduardo Frei (1994), Mr. Insulza was named Under-Secretary of Foreign Affairs and was afterwards appointed Minister of Foreign Affairs. In 1999 he became Minister Secretary General of the Presidency and in March 2000, under President Ricardo Lagos, he was appointed as Minister of the Interior. When leaving that post in May 2005, he had served as a government minister for more than a decade, the longest continuous tenure for a minister in Chilean history. 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 45 MEETING AGENDA (continued) Program Chair & Moderator: Leticia Kabusacki, Harari and Kabusacki, Buenos Aires, Argentina THURSDAY, OCTOBER 23 Speakers: Howard Davidson, ABA Center for Children and the Law, Washington, 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 pmJacaranda 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. 46 Primary Sponsoring Committee: International Criminal Law Committee Co-Sponsoring Committees: Europe Committee, International AntiCorruption Committee, International Anti-Money Laundering Committee, International Litigation Committee Program Chair: Stéphane de Navacelle, Navacelle Avocats, Paris, France Program Chair & Speaker: Clémentine Duverne, White & Case, Paris, France Moderator: Vânia Costa Ramos, Carlos Pinto de Abreu e Assoiados, Lisboa, Portugal Speakers: Federico Busatta, Gianni, Origoni, Grippo, Capelli & Partners, Milan, 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 Quebracho A 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 For the most up-to-date information, please visit: management. Join us for a discussion of the past and best practices for the future. Primary Sponsoring Committee: Primary Sponsoring Committee: Co-Sponsoring Committees: Africa Committee Co-Sponsoring Committees: International Tax Committee Africa Committee, Transnational Legal Practice Committee International Energy & Natural Resources Committee, International Environmental Law Committee Program Chair & Speaker: Program Chair & Speaker: Moderator: Ricardo Silva, Miranda Law Firm, Lisbon, Portugal David Rosenbloom, NYU School of Law, New York, NY Moderator: Speakers: Speaker: Roland Abeng, Abeng Law Firm, Douala, Cameroon Clarissa Querasian, Statoil, Oslo, Norway (Invited) 2:30 pm – 4:00 pmAlerce 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. Ambar.org/ILFall2014 Festus Akunobera, ABMAK Advocates, Kampala, Kampala, Uganda Pedro Paraguay, NautaDutilh, Amersterdam, Amsterdam, The Netherlands 2:30 pm – 4:00 pm Quebracho B NAFTA, Mercosur and CAFTA: Should They Merge into One Hemispheric Free Trade Agreement THURSDAY, OCTOBER 23 Fernando L. Brunelli, Alliani & Bruzzon Abogados, Buenos Aires, Argentina Nikolas De Bremaeker, Coolidge & Graves PLLC, Miami, FL 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 47 MEETING AGENDA (continued) Program Chair: Ernesto Velarde Danache, Velarde Danache, Mexico City, Mexico Program Chair & Moderator: Les Glick, Porter Wright, Washington, DC THURSDAY, OCTOBER 23 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 Pacara B 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. 4:00 pm – 4:30 pm Networking Break 4:30 pm – 6:00 pmAlerce 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. Primary Sponsoring Committee: International Judicial Affairs Committee Co-Sponsoring: International Commercial Transactions, Franchising and Distribution Program Chair: Program Chair & Moderator: Program Chair & Moderator: Thomas Collin, Thompson Hine, Cleveland, OH Speakers: 5th Floor Foyer Task Force on International Elections Primary Sponsoring Committee: Amílcar Peredo, Basham, Ringe y Correa, S.C., Mexico City, Mexico Mariela del Carmen Caparrós, Wiener • Sotos • Caparrós, Buenos Aires, Argentina 48 Priscilla Brolio Goncalves, Vella Pugliese Buosi Guidoni Advogados, São Paulo, Brazil Jose Miguel Huerta, Claro y Cia, Santiago, Chile Chad Vickery, IFES, Washington, DC 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) For the most up-to-date information, please visit: 4:30 pm – 6:00 pmJacaranda 4:30 pm – 6:00 pm REGIONAL ISSUES / ENVIRONMENTAL DISPUTE RESOLUTION / LITIGATION 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. 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. Below the Surface: Drilling Deep in Law and Regulation to Reach the Americas’ New Energy Frontier Pacara B Convincing Reluctant Counterparties to Mediate International B2B Disputes Across Borders International Mediation Committee Program Chairs: Primary Sponsoring Committee: Ethan Berghoff, Baker & McKenzie, Chicago, IL Calliope Sudborough, ICC International Centre for ADR, Paris, France Program Chair & Moderator: Alexander Blumrosen, Bernard-HertzBejot, Paris, France International Energy & Natural Resources Committee Saúl Feilbogen, Vitale, Manoff & Feilbogen, Buenos Aires, Argentina Speakers: Alexandre Bittencourt Calmon, Veirano Advogados, Rio de Janeiro, Brazil Gordon Chmilar, Gowlings, Calgary, AB, Canada Giji John, Andrews Kurth LLP, Houston, TX Ernesto Velarde Danache, Ernesto Velarde-Danache, INC., Bownsville, TX Ambar.org/ILFall2014 THURSDAY, OCTOBER 23 Primary Sponsoring Committee: Moderator: Speakers: Santiago Capparelli, Baker & McKenzie, Buenos Aires, Argentina Maria Marta Di Lello, VALE, Buenos Aires, Argentina Birgit Sambeth Glasner, Altenburger, Geneva, Switzerland 49 MEETING AGENDA (continued) 4:30 pm – 6:00 pm Quebracho A Doing your Due Diligence Deals with International Players THURSDAY, OCTOBER 23 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: Quebracho B 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 discussed.This panel will discuss the retirement policies of selected large firms in the various jurisdictions and consider the issues raised. Primary Sponsoring Committee: Seasoned Lawyers Interest Network (SIN) Co-Sponsoring Committee: International Employment Law Committee, International Law Practice Management Forum, Latin American and Caribbean Committee Program Chair: Robert E. Lutz, Southwestern Law School, Los Angeles, CA Program Chair & Moderator: Carol Mates, Attorney, Washington, DC Marcelo A. den Toom, M. & M. Bomchil Abogados, Buenos Aires, Argentina Laura El-Sabaawi, Wiley Rein LLP, Washington, DC David Hackett, Baker & McKenzie, Chicago, IL 50 4:30 pm – 6:00 pm Speakers: Jeff Barnes, Borden Ladner Gervais LLP, Toronto, ON, Canada Esther Donio Bellegarde Nunes, Pinheiro Neto Advogados, São Paulo, Brazil James P. Duffy III, Berg and Duffy, LLP, Manhasset, NY Alfredo Rovira, Brons & Salas Abogados, Buenos Aires, Argentina For the most up-to-date information, please visit: 4:30 pm – 6:00 pm Pacara A 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 Ambar.org/ILFall2014 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, Universidad Alberto Hurtado & Former Judge Competition Tribunal, 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 This panel will be conducted in Spanish. Simultaneous translation will be provided. THURSDAY, OCTOBER 23 Companies increasingly need to address multi-jurisdictional 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: 51 MEETING AGENDA (continued) 7:00 pm – 10:00 pm Reception at Palacio Paz THURSDAY, OCTOBER 23 Av Santa Fe 702, Buenos Aires, Argentina Proudly Sponsored by: 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. 52 For the most up-to-date information, please visit: FRIDAY, OCTOBER 24, 2014 8:00 am – 5:00 pm 5th Floor Meeting Desk Registration Desk Open 8:00 am – 5:00 pm 5th Floor Floyer 8:00 am – 8:50 am Buen Ayre C, 2nd Floor Exhibit Hall Open Continental Breakfast & Committee Breakfast Meetings Sponsored by: 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 societycommunity engagement and consultation and what regulatory remedies are successful that contribute to fostering and upholding the rule of law. Primary Sponsoring Committee: Corporate Social Responsibility Committee 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 FRIDAY, OCTOBER 24 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. A selection of pastries, coldcuts, cheese, scrambled eggs, bacon, juices, coffee & tea will be provided. Program Chairs & Moderators: Lelia Mooney, Partners for Democtratic Change, Washington, DC Salli Swartz, ArtusWise, Paris, France Speakers: 9:00 am – 10:30 am Quebracho B Business and Human Rights: A Troubled but Healing Relationship? Implementation, Effectiveness and Sustainable CompanyCommunity 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 Ambar.org/ILFall2014 Mariana Ardizzone, Maciel, Norman & Asociados, Buenos Aires, Argentina Juan Arocena, Rattagan, Macchiavello, Arocena & Peña Robirosa, Buenos Aires, Argentina Pedro Aylwin, Geopark, Buenos Aires, Argentina Lee A. DeHihns, Alston & Bird LLP, Atlanta, GA Nelly Pazó León, BHP Billiton, Santiago, Chile 53 MEETING AGENDA (continued) 9:00 am – 10:30 amAlerce 9:00 am – 10:30 am DISPUTE RESOLUTION / LITIGATION REGIONAL ISSUES / ENVIRONMENTAL 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. 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. FRIDAY, OCTOBER 24 International Arbitration and Discovery 10 years after Intel v. AMD Primary Sponsoring Committee: International Arbitration Committee Program Chair & Moderator: Kirstin Dodge, Homburger, Zurich, Switzerland Speakers: Marielle Koppenol-Laforce, Houthoff Buruma & Leiden University, Rotterdam, The Netherlands Alexander Blumrosen, Bernard-HertzBejot, Paris, France Glenn Hendrix, Arnall Golden Gregory LLP, Atlanta, GA Ignacio Zapiola, Cleary Gottlieb Steen & Hamilton LLP, New York, NY 54 Pacara A A Conversation with Hemispheric and Regional Leaders Program Chair: Marcelo Bombau, M. & M. Bomchil Abogados, Buenos Aires, Argentina Moderator: M. Cristina Cárdenas, Astigarraga Davis, Miami, FL Speakers: Fernando de la Rúa, Former President of Argentina, Buenos Aires, Argentina (Invited) José Miguel Insulza, Secretary General, Organization of American States, Washington, DC This panel will be conducted in Spanish. Simultaneous translation will be provided. 9:00 am – 10:30 am The Future of Asylum Systems in Latin America Quebracho A 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 co-operation 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 For the most up-to-date information, please visit: 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: Primary Sponsoring Committee: International Commercial Transactions, Franchising and Distribution Co-Sponsoring Committees: International Trade Committee, Latin American and Caribbean Committee Program Chairs & Moderators: Program Chair & Moderator: Galya Ruffer, Northwestern University, Evanston, IL Michael Daigle, Cheng Cohen LLC, Chicago, IL William P. Johnson, Saint Louis University, St. Louis, MO Speakers: 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 amJacaranda 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 Ambar.org/ILFall2014 Santiago Concha, Pinilla Gonzalez & Prieto Abogados, Bogotá, Colombia 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 FRIDAY, OCTOBER 24 Joseph Hansen, Gibson, Dunn & Crutcher LLP, San Francisco, CA 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. Pacara B 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 55 MEETING AGENDA (continued) 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, The Netherlands FRIDAY, OCTOBER 24 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 Gonzalo Smith, Vice President & General Counsel for Latin America, Wal-Mart Stores, Inc., Fayetteville, AR 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: 10:30 am – 11:00 am 5th Floor Foyer Networking Break 11:00 am – 12:30 pmAlerce 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 firms which are acting in a more integrated manner across several countries 56 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. Luis Miguel Briola Clement, Grupo Bimbo, Mexico City, Mexico Marcelo Freitas Pereira, CWTP Sociedade de Advogados, 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 For the most up-to-date information, please visit: 11:00 am – 12:30 pm Quebracho A Advances and Set-Backs in LGBT Rights Around the World 11:00 am – 12:30 pm Quebracho B OK, We Have to Observe the FCPA...But That’s It, Isn’t It? PUBLIC INTERNATIONAL LAW / RULE OF LAW In 2010, Argentina became the first nation in Latin America and the second in the Americas to allow same-sex 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 setbacks 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. As has been documented as of late, companies operating abroad are often confronted with foreign anti-corruption laws that are essentially unknown. The consequences can be severe: multi-million dollar fines, imprisonment, and reputational damage. Unfortunately, many people—including cross-border M&A attorneys—still equate anti-corruption laws only with the FCPA and the UK Anti-Bribery Act. Other anticorruption laws have been on countries’ books for years and there has been increased focus on enforcing these laws. Companies engaged in cross-border M&A need to tailor their due diligence to minimize the corruption risk in foreign jurisdictions. By using a hypothetical, the panel will address the impact of specific anti-bribery laws on due diligence and post-closing activities in cross-border M&A transactions. The panel will also discuss what companies can do to protect themselves against violation of anticorruption laws in day-to-day operations. Primary Sponsoring Committee: International M&A and Joint Venture Committee, Latin American and Caribbean Committee, Mexico Committee Sexual Orientation and Gender Identity Issues Network (GIN) Program Chair & Moderator: Allin (Chip) Seward, Cabinet Seward, Paris, France Program Chair & Speaker: Mark E. Wojcik, The John Marshall Law School, Chicago, IL Speakers: Joseph Smallhoover, Bryan Cave LLP, Paris, France Jessica Stern, International Gay and Lesbian Human Rights Commission, New York, NY Anthony Winer, William Mitchell College of Law, St. Paul, MN Ambar.org/ILFall2014 Primary Sponsoring Committee: FRIDAY, OCTOBER 24 HUMAN RIGHTS Canada Committee Co-Sponsoring Committees: Program Chairs: Alexander Jeglic, PPP Canada Inc., Ottawa, ON, Canada Jeff Barnes, Borden Ladner Gervais LLP, Toronto, ON, Canada Moderator: Melissa Pallett-Vasquez, Bilzin Sumberg, Miami, FL Speakers: Juliana Sa de Miranda, Tozzini Freire Advogados, São Paulo, Brazil Jörg Rehder, Schiedermair Rechtsanwälte, Frankfurt, Germany 57 MEETING AGENDA (continued) FRIDAY, OCTOBER 24 Norm Keith, Fasken Martineau DuMoulin LLP, Toronto, ON, Canada Clara Vela, Marval, O’Farrell & Mairal, Buenos Aires, Argentina Speakers: 11:00 am – 12:30 pmJacaranda Telecommunications and Broadcasting Regulation in South America: Are the Regulatory Systems in Place Adequate in a Global Market? Eduardo Bandera Quijano, Televisa, Naucalpan de Juárez, Mexico Francisco Martín Gutiérrez, M. & M. Bomchil, Buenos Aires, Argentina Robert G. Kidwell, Mintz Levin Cohn Ferris Glovsky and Popeo PC, Washington, DC Marcio Dias Soares, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados, São Paulo, Brazil (Invited) BUSINESS / REGULATION / COMPLIANCE 11:00 am – 12:30 pm 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 Program Chair & Moderator: Susana Cabrera, Garrigues LLP, New York, NY Program Chair & Speaker: Laurent Garzaniti, Freshfields Bruckhaus Deringer, Brussels, Belgium Pacara B 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 & Moderator: Philippe Shin, Shin & Kim, Seoul, South Korea Speakers: Cristián Conejero, Philippi Irrazabal Pulido Brunner, Santiago, Chile 58 For the most up-to-date information, please visit: 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 11:00 am – 12:30 pm Pacara A From Sunset to Dawn: Is International Trade Rising Again in Latin America After the Recession? BUSINESS / REGULATION / COMPLIANCE Ambar.org/ILFall2014 Latin American and Caribbean Committee Co-Sponsoring Committee: International Trade Committee Program Chair & Moderator: José Francisco Mafla, Brigard & Urrutia, Bogotá, Colombia Speakers: Daniel Amézquita, Galicia, Mexico City, Mexico 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 This panel will be conducted in Spanish. Simultaneous translation will be provided. FRIDAY, OCTOBER 24 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. Primary Sponsoring Committee: 59 MEETING AGENDA (continued) 12:45 pm – 2:15 pm FRIDAY, OCTOBER 24 Luncheon with Luis Moreno Ocampo Buen Ayre C, 2nd Floor Ticketed Event—$75 Luis Moreno-Ocampo is leading the global practice of Getnick & Getnick LLP as the law firm’s Global Practice Counsel. He was the first Chief Prosecutor of the permanent International Criminal Court, based at The Hague from June 2003 through June 2012. While he was there, his office was involved in twenty of the most serious crises of the 21st century including Iraq, Korea, Afghanistan, and Palestine and he conducted investigations in seven different countries including Libya and Sudan. In October 2012, the World Bank appointed Mr. MorenoOcampo to lead an expert panel to examine an alleged corruption conspiracy related to a $3 billion project in Bangladesh. Previously, Mr. MorenoOcampo played a crucial role during the transition to democracy in Argentina. In 1985, he was the deputy Prosecutor in the Junta trial in Argentina and later he led investigations against guerrilla leaders and Army officers involved in two 2:30 pm – 4:00 pm Quebracho B 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 60 military rebellions and dozens of cases of corruption involving high level public officers. Mr. Moreno-Ocampo played a key role in establishing compliance systems in the Telecommunication, Energy, Gas and other privatized services in Argentina. As a private consultant, an active Board member of Transparency International and former president of its Latin America and Caribbean office, and an advisor of the World Bank Institute, he designed anticorruption strategies in more than 40 countries. In 2000, he founded “Mercados Transparentes” (Transparent Markets), an innovative company providing information about public procurement to the private sector. Mr. Moreno-Ocampo has taught seminars in anticorruption strategies at Stanford (2002) and Harvard (2003) and is currently a Senior Fellow at the Jackson Institute for Global Affairs at Yale University and a Distinguished Visiting Scholar at New York University. In 2011, The Atlantic included him among the Brave Thinkers, which is a guide to the people risking their reputations, fortunes, and lives in pursuit of big ideas. In that same year, Foreign Policy designated him one of the 100 Top Global Thinkers, the magazine’s portrait of the world’s marketplace of ideas and the thinkers who make them. 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. For the most up-to-date information, please visit: Primary Sponsoring Committee: International Employment Law Committee Co-Sponsoring Committee: Asia/Pacific Committee Program Chair: Eduardo Benavides, Berninzon & Benavides Abogados, Lima, Peru Program Chairs: Joseph Federici, American University of Afghanistan, Kabul, Afghanistan Elizabeth Turchi, International Human Rights Committee, The Hague, Netherlands Moderator: Program Chair & Moderator: Greg Mackenzie, The Hurley Firm, Albuqerque, NM Thomas P. Valenti, Thomas P. Valenti, P.C., Chicago, IL Speakers: Speakers: Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, Washington, DC María Eugenia Cantenys, Marval, O´Farrell & Mairal, Buenos Aires, Argentina Renata Neeser, Littler, New York, NY William D. Wright, Fisher & Phillips, LLP, Philadelphia, PA Robert Cox, Buenos Aires, Argentina Andres D’Alessandro, Foro de Periodismo, Buenos Aires, Argentina Daniel Seckman, Syrian Research and Evaluation Organization, Gaziantep, Turkey 2:30 pm – 4:00 pm 2:30 pm – 4:00 pm Quebracho A Pacara A HUMAN RIGHTS LEGAL PRACTICE / ETHICS 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. In particular, our experts will discuss the prosecution of journalists in Argentina during the “dirty war” and the prosection and harrasment of journalists in South America and the Middle East, among other regions. Through a moderator question and answer format, these case studies will allow the audience to develop an understanding of the legal rights and protections afforded to journalists under domestic, regional and international law. 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, sending documents to be processed/filled out in foreign countries etc., and the often novel ways firms are trying today to cut costs. In particular, the program will focus on relevant rules of professional responsibility as contained in the ABA Model Rules, such as resolution of conflict of interest and maintaining attorney-client privilege. Primary Sponsoring Committee: International Human Rights Committee Co-Sponsoring Committees: Middle East Committee Ambar.org/ILFall2014 FRIDAY, OCTOBER 24 Freedom of the Press and the Law (Part 1): The Prosecution of Journalists Managing Ethics in the Global Law Firm Primary Sponsoring Committee: International Ethics Committee Program Chair: Robert E. Lutz, Southwestern Law School, Los Angeles, CA Program Chair & Speaker: Steven M. Richman, Duane Morris, New York, NY 61 MEETING AGENDA (continued) Moderator: Program Chair: Speakers: Program Chair & Moderator: Marcy Stras, Cozen O’Connor, Washington, DC Stephen J. Powell, University of Florida College of Law, Gainesville, FL Horacio Beccar Varela, Estudio Beccar Varela, Buenos Aires, Argentina Sara Sandford, Garvey Schubert Barer, Seattle, WA This panel will be conducted in Spanish. Simultaneous translation will be provided. 2:30 pm – 4:00 pmJacaranda The Changing Landscape of the Legal Profession in Latin America FRIDAY, OCTOBER 24 LEGAL PRACTICE / ETHICS 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 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 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 62 Robert E. Lutz, Southwestern Law School, Los Angeles, CA 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 2:30 pm – 4:00 pmAlerce 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 For the most up-to-date information, please visit: 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 5th Floor Foyer 4:30 pm – 6:00 pmJacaranda Customs Enforcement Strategies in Civil and Common Law Jurisdictions 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. Primary Sponsoring Committee: Customs Law Committee Co-Sponsoring Committees: Canada Committee, International Trade Committee, Latin American and Caribbean Committee, Mexico Committee Program Chair: Lawrence Friedman, Barnes, Richardson & Colburn, LLP, Chicago, IL Ambar.org/ILFall2014 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 Quebracho A Freedom of Press & the Law (Part 2): Freedom of Expression in a Post 9/11 World HUMAN RIGHTS This panel of experts will explore the protections afforded to journalists under law. In particular, our experts will discuss foundational international instruments securing the Freedom of Expression and other relevant rights, the scope of those freedoms and a State’s ability to derogate therefrom. Our panel will discuss the impact of 9/11 on the Freedom of Expression and recommend what measures the legal community must take to ensure that journalists are able to function without illegal constraint. 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. The program will be presented in a moderated question and answer format. FRIDAY, OCTOBER 24 BUSINESS / REGULATION / COMPLIANCE Program Chair & Moderator Primary Sponsoring Committee: U.S. Lawyers Practicing Abroad 63 MEETING AGENDA (continued) 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: Laurence Wiener, Wiener • Soto • Caparrós, Buenos Aires, Argentina Program Chair & Speaker: Linda Murnane, Chief Court Management Support Services, Special Tribunal for Lebanon, Leidschendam, The Netherlands Moderators: Greg Mackenzie, The Hurley Firm, Albuqerque, NM Thomas P. Valenti, Thomas P. Valenti, P.C., Chicago, IL FRIDAY, OCTOBER 24 Speakers: Eduardo Bertoni, Buenos Aires University & Palermo University School of Law, Buenos Aires, Argentina The Honorable Delissa Ridgway, U.S. Court of International Trade, Washington, DC 4:30 pm – 6:00 pm Pacara A Latin American Expropriations: Biting Off More Than One Can Chew BUSINESS / REGULATION / COMPLIANCE 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 64 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 José Gregorio Torrealba, Hoet Pelaez Castillo & Duque Caracas, Venezuela Ignacio Sanz, Bruchou, Fernández Madero & Lombardi, Buenos Aires, Argentina Karla Würth, WK&C Abogados, Santa Cruz, Bolivia This panel will be conducted in Spanish. Simultaneous translation will be provided. 4:30 pm – 6:00 pm Quebracho B 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 For the most up-to-date information, please visit: practices or solo practitioners who may be ‘under the radar’? Primary Sponsoring Committee: U.S. Lawyers Practicing Abroad Co-Sponsoring Committees: Europe Committee, Foreign Legal Consultant Committee, International Ethics Committee, Transnational Legal Practice Committee, Young Lawyers Interest Network (YIN) Program Chairs: Anand S. Dayal, Koura & Co., Advocates and Barrister, New Delhi, India George S. Kounoupis, Hahalis & Kounoupis, P.C., Bethlehem, PA Moderator: Laurence Wiener, Wiener • Sotos • Caparrós, Buenos Aires, Argentina Speakers: 4:30 pm – 6:00 pmAlerce 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 AntiCorruption 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 Ambar.org/ILFall2014 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 Pacara B Private International Law in a Post-Recession World: The Theberge Prize Award Winners’ Panel FRIDAY, OCTOBER 24 Jayanth Krishnan, Indiana University Maurer School of Law, Bloomington, IN Antonio Tavares Paes, CWTP Sociedade de Advogados, São Paulo, Brazil Antonio N. Piccirillo, Proskauer, São Paulo, Brazil pocketed multinational players? Join us as we analyze and debate the Anti-Corruption Regime 2.0. 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 65 MEETING AGENDA (continued) made distinguished contributions to the development of private international law. Primary Sponsoring Committee: UN & International Organizations Committee Co-Sponsoring Committees: International Courts Committee, International Family Law Committee Program Chair: Mark E. Wojcik, The John Marshall Law School, Chicago, IL 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, The Netherlands Peter Winship, Southern Methodist University School of Law, Dallas, TX Moderator: FRIDAY, OCTOBER 24 Harold Burman, U.S. Department of State, Washington, DC 66 For the most up-to-date information, please visit: 7:00 pm – 2:00 am Chair’s Closing Reception, Dinner and Dance at the Yacht Club Puerto Madero Proudly Sponsored by: FRIDAY, OCTOBER 24 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. Ambar.org/ILFall2014 67 MEETING AGENDA (continued) SATURDAY, OCTOBER 25, 2014 10:00 am – 7:00 pm Day Out at the Gaucho Pampas 10:00 am Depart from the Hilton Buenos Aires on shuttle buses 12:00 pm Arrive, Gaucho Skills Show 12:30 pm Reception 1:00 pm Lunch 3:00 pm Special Show with 20 horses 4:00 pm Horse carriage rides around the Estancia 4:30 pm Polo exhibition 5:00 pm Tea time & Airport Shuttle to Ezeiza International Airport (est. Arrival of 6:30 pm) 6:00 pm Return to Hilton Hotel 7:30 pm Estimated time of Arrival to the Hilton Buenos Aires 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. These opportunities only come by once! This event is open to those who pre-registered; onsite registration is not available. (Persons leaving on the 5 pm shuttle to the airport need to have checked out and bring their luggage on the bus as the airport shuttle will not return to the hotel.) 68 For the most up-to-date information, please visit: GENERAL INFORMATION EVENT TICKETS All evening receptions are included with your registration fee with the exception of the Tuesday Hospitality Night which was limited due to space capacity. 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 next to the Registration Desk where meeting attendees may exchange and gift tickets. BUS SHUTTLE Bus shuttle service will be provided to the Thursday Reception at Palacio Paz and to the Saturday Gaucho Day (ticketed). Please follow signage onsite and view your event ticket for pick up times and locations. DRESS CODE For the 2014 Fall Meeting, business attire is appropriate for programs and meetings as well as the planned social networking events. For the Friday night reception, dinner and afterhours the attire is “dressy casual” (no ties for the gentleman). If you are attending the Saturday Gaucho Outing, casual dress is recommended (jeans are fine). Comfortable shoes such as sneakers or flats are recommended. If you are taking tango lessons, comfortable “closed toe” shoes are recommended. COAT CHECK Coat check will be provided Tuesday-Friday on the 2nd Floor. MANDATORY CONTINUING LEGAL EDUCATION CREDIT (MCLE) GENERAL INFORMATION 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 registration desk. 72 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. For the most up-to-date information, please visit: New this year, the Section will be utilizing individualized QR codes on your attendee badges to track attendance. All badges will be scanned at the registration desk when you check-in to indicate your attendance at the conference and volunteers will be stationed at program rooms to scan individuals in and out for states that require detailed program tracking. For delegates from countries where CPD/CLE is mandatory, the ABA will be pleased to provide a Conference Certificate of Attendance which, subject to the exact CPD/CLE requirements, may be used to obtain the equivalent accreditation in your jurisdiction. The Section has certificates that have been approved for attorneys seeking CPD in Italy. Scholarships are available for this program. For more information please contact intlawmeetings@americanbar.org. COMMITTEE DINNERS Take advantage of free time after our evening receptions 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 or participating in a committee dinner at the Fall Meeting, please contact Jonathan Lewis at jonathan.lewis@americanbar.org. COMMITTEE BUSINESS MEETINGS Most Committees will host business meetings throughout the duration of the conference. For updated information on which committees are holding business meetings, please contact Jonathan Lewis at jonathan.lewis@americanbar.org. EXHIBITION AREA The Exhibitors and Sponsors exhibition area will be open from Wednesday, October 22 through Friday, October 24 at the Hilton Buenos Aires, 5th Floor Foyer. 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 our exhibitors and sponsors throughout the meeting and in particular during the twice daily networking breaks. SPEAKER READY ROOM The Speaker Ready Room is located on the 2nd floor in the Buen Ayre A ballroom Wednesday – Friday from 8:00 am – 6:00 pm. First come, first serve. Stop by the Section Membership and Publications Booth to preview the most popular Section titles and receive a 15% discount on all publication orders. GENERAL INFORMATION Ambar.org/ILFall2014 73 15% MEETING DISCOUNT ON SECTION PUBLICATIONS HOTEL GENERAL FLOOR INFORMATION PLANS (continued) 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 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. WIFI Complimentary wireless internet access is available in the ABA meeting rooms and registration/networking area. Please note that the username and password are case-sensative. 1. Open a web page. The “Guesttek page” will appear. 2. Select “Hmeeting” for meeting spaces, “Hhonors” for sleeping rooms and “Lobby” if accessing wifi in the lobby. 3. If you are residing at the Hilton Buenos Aires, insert your surname and room number. If you are not residing in the Hilton Buenos Aires, select “Guest”. 4. Access Code is “Lexology”. THANK YOU TO ALL OF OUR VOLUNTEERS! GENERAL INFORMATION The Section gratefully acknowledges the assistance of the many volunteers at the meeting – thank you for all of your efforts in ensuring the success of this meeting! 74 For the most up-to-date information, please visit: Ambar.org/ILFall2014 HOTEL FLOOR PLANS HOTEL FLOOR PLANS 76 THE HILTON BUENOS AIRES Hilton meetings (5° piso) / Hilton Meetings (5th floor) For the most up-to-date information, please visit: Ambar.org/ILFall2014 HOTEL FLOOR PLANS Salón Buen Ayre (2° piso) / Buen Ayre Room 2nd floor) 77 MARK YOUR CALENDAR 2014 November 13 15th Annual Live from SEC Washington, DC & London, United Kingdom November 17-18 North America Forum: Doing Business Within the Region and Collaborating Abroad Vancouver, BC, Canada 2015 February 26 Capital Markets in the 21st Century London, United Kingdom March 2-3 2015 Asia Forum: Doing Business In Asia—Recent Trends and Developments in the Regulatory Environment, Transactional Practice and Dispute Resolution Tokyo, Japan March 26-27 Europe Forum: Transatlantic Deals and Disputes: What U.S. and European Lawyers Must Know Today to Best Represent Their Clients Berlin, Germany April 28-May 2 Section Spring Meeting Washington, DC June 5-6 Africa Forum Nairobi, Kenya October 20-24 Section Fall Meeting Montreal, QC, Canada Join Us for Our Upcoming Meetings WA S H I N GT O N , D C A P R I L 2 8 - M AY 5 , 2 0 1 5 M O N T R E A L , Q C, CA N A DA O CTO B E R 20 -24, 2015 2015 HYATT REGENCY ON CAPITOL HILL APRIL 28–MAY 2 PRELIMINARY SCHEDULE-AT-A-GLANCE Follow Us! 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