International Law Symposium

International Law Symposium

 

NAPABA’s International Committee invites you to kick off the 24th Annual Convention early at the 5th annual International Law Symposium.

The Symposium will commence with a keynote luncheon, followed by three exciting panels on key international legal developments impacting both practitioners and in-house counsel, and concludes with a networking cocktail reception and dinner where you can meet colleagues from Asia, Latin America, Russia and North America.

The Symposium and cocktail reception are included in your registration fee for the Annual Convention. The luncheon and dinner are separately ticketed events. Attendees are encouraged to make air travel and hotel arrangements early.


Program for November 15, 2012

Luncheon and Keynote Presentation: Three Tough Chinamen (11:30 am-1:00 pm)

Capitol HJ

Scott D. Seligman, author of Three Tough Chinamen, will discuss his inspirational book followed by audience Q&A. The story of the Moy brothers, nineteenth century immigrants to America from Toishan, China emerges from Seligman’s research on the U.S. Exclusion Law files in the U.S. Archives.

The Moy’s faced widespread societal discrimination and racist and restrictive laws that were intended to undermine their individual and community rights. They organized their community organizations through collective education and legal
actions to defend the rights of Asians in America.

In an era when Asians were legally excluded from America’s shores. Asians (immigrants and citizens alike) faced widespread due process and equal protection discrimination. Their rights could not be taken for granted in the workplace, in education, in the courts, in business, in basic human rights, in political rights, and in protecting their lives and property. While many kept their heads down, these men stood up and fought for their countrymen, using all means available to get ahead.

The book contains a collection of their stories about using the laws and the courts to protect themselves and about outwitting racist laws that tried to deny them access to their share of the American dream. Their journey is the journey of Asians in America.

Many of the themes and issues are still faced by our community and other minority communities. The overlap between domestic and international laws continues to manifest itself in immigrant rights, access to education, housing, employment and voting rights, civil liberties, racially motivated violence and equal access to benefits. Today’s anti-Asian stereotypes and media bashing is rooted in the America that the Moys faced. Their story remains our story and Asian-American legal professionals need to understand the evolving and continuing historical context.

Moderator
Nicholas V. Chen
Managing Partner, Pamir Law Group (Taipei, Taiwan)

Keynote Speaker
Scott D. Seligman

 

Global Antitrust Cartel Enforcement (1:00 pm-2:10 pm)

Capitol F

What does global antitrust enforcement mean for practitioners with clients operating globally? The U.S. enforcement focus is criminal with over $1 billion in corporate fines projected for 2012, jail for all targeted individuals and increasing use of criminal prosecution in the EU, Brazil, Japan, Korea and Australia.

Currently, the Department of Justice is targeting Asian companies across a broad range of industries, and most recently,
Japanese auto parts suppliers. What do the recent broad interpretations of the Foreign Trade Antitrust Improvements Act mean for private antitrust actions? Recent circuit court decisions and DOJ/FTC opinions point towards a trend to weaken the foreign defendant’s chances of using the FTAIA to dismiss the case.

The Director of Criminal Enforcement, Antitrust Division, DOJ will talk about investigations from the government’s perspective. The in-house corporate counsel and outside counsel will talk about risk mitigation measures, both before an investigation starts and during an investigation, as well as plaintiff’s treble damage actions.

Program Chair and Moderator
Becky Koblitz
Special Counsel, Sheppard Mullin Richter & Hampton LLP (Beijing, China)

Panelists
Donald C. Klawiter
Partner, Sheppard Mullin Richter & Hampton LLP (Washington, DC)

Mary Erin Mariani
Corporate Counsel, DuPont Company (Wilmington, DE)

Marvin Price, Jr.
Director of Criminal Enforcement, Antitrust Division, U.S. Department of Justice (Washington, DC)

 

A Survivor’s Guide to Cross-Border Insolvency and Restructuring: Avoiding Monumental Disasters (2:20 pm-3:30 pm)

Capitol F

The current economic crisis faced by many countries has led to a growing number of cross-border insolvency and restructuring cases. Lawyers with international practices need to know the scope of legal and financial problems encountered by insolvent multi-national businesses, their creditors, vendors, and suppliers, how international insolvency laws and procedures operate in practice, how potential differences in court systems, legal precedents, public policy insolvency objectives and cultures affect insolvency or restructuring proceedings, the trend toward cohesive international solutions for insolvent multi-national businesses, and the role of international professional organizations.

Through case studies, this panel will provide a basic overview of cross-border insolvency/restructuring law, the anatomy of cross-border litigation matters, and practical advice on handling a broad range of cross-border insolvency litigation issues including jurisdiction, COMI, provisional relief and claims adjudication.

Program Chair & Moderator
Stella Tsai
Partner, Archer & Greiner, PC (Philadelphia, PA)

Panelists
Stephen Packman
Partner, Archer & Greiner, PC (Haddonfield, NJ)

Dorothy Siron
Partner, Boughton, Peterson, Yang, Anderson (Hong Kong, SAR)

 

International Technology Licensing: Seriously Practical Tips for In-House and Outside Counsel (3:40 pm-4:50 pm)

Capitol F

This will be a mock negotiating session between a domestic licensor, “Team USA,” and a foreign licensee, “Team World.” Each team will include an in-house and an outside counsel. This will be a lively cross-cultural experience involving general contract law, multiple types of intellectual property, and dispute resolution provisions.

Each team will negotiate a technology licensing agreement over the development or distribution of a product containing patents, copyrights, trademarks and trade secrets. As they do so, they will discuss differences in their respective laws and cultural styles.

The teams will focus on those especially important for international deals, including: (i) the license grant terms, such as exclusivity, territory, and term of the license, which may raise fair competition issues; (ii) revenue and tax withholding issues; (iii) ownership of jointly developed technology; (iii) compliance with applicable international law, such as anti-corruption, export controls, data security, and privacy; (iv) reps and warranties, indemnities, IP enforcement, and infringement claims procedures; and (v) the all important “boilerplate” provisions of choice of law, jurisdiction, arbitration, and assignment.

We will also discuss how to find reliable expert local counsel and resources regarding the relevant laws of other countries.

Program Chair & Moderator
Gordon Endow
Partner, Gordon & Rees LLP (San Francisco, CA)

Panelists
Carlton S. Chen
Vice President, General Counsel, and Secretary, Colt’s Manufacturing Company LLC (Hartford, CT)

James Derry
Associate General Counsel and Chief IP Officer, Arbitron, Inc. (Columbia, MD)

Camilla Eng
General Counsel, JM Eagle (Los Angeles, CA)

 

International Law Symposium Reception (5:00 pm-6:00 pm)

Russell/Hart/Cannon

International Law Symposium Dinner (8:00 pm-10:00 pm)

Pesce, 2002 P Street, NW, Washington, D.C. 20036

There is limited seating based on a first-come first-served basis with online registration. To confirm a seat at the dinner, please make sure to include the International Law Symposium Dinner when registering for the convention. There is limited complimentary seating for in-house counsel for advance online registration.


In addition to the Symposium, the NAPABA International Committee offers three additional practical and informative programs during the main Convention.

Friday, November 16, 2012

CLE 304: Dealmaking in Emerging Markets: Doing Business In and With BRIC Countries (Sponsored by Jones Day) (2:00 pm-3:15pm)

Russell/Hart/Cannon

The so-called “BRIC” countries–Brazil, Russia, India, and China–represent 40 percent of the world’s population, are among the world’s fastest growing economies, and have become a driving force in emerging markets.

This panel will provide a comprehensive overview of the most pressing legal issues implicated in international deal-making involving the BRIC countries. Attorneys and other professionals in the field will benefit from the insights offered by a unique panel representing the BRIC countries. The panelists will draw on decades of combined experience to share best practices and effective strategies they have learned.

Key topics will include dealing with local market practices; legal frameworks and different business cultures; opportunities and challenges in outbound investment from BRIC countries; doing business with state-owned entities; CFIUS issues; sovereign wealth funds; local regulatory framework and government approvals; and how to choose and work with local professionals.

Program Chair and Moderator
Marvin Liang
Associate, Jones Day (Washington, DC)

Panelists
Talat Ansari
Partner, Kelley Drye & Warren LLP (New York, NY)

Alex Hao
Partner, Jun He Law Offices LLC (New York, NY)

Sanjiv Kapur
Partner, Jones Day (São Paulo, Brazil; Cleveland, OH)

Stefan Weber
Associated Partner, Noerr LLP (Moscow, Russia)

 

Saturday, November 17, 2012

CLE 503: Master Class on Business Development: The Role of CEOs and Directors in the Counsel Selection Process (9:15 am-10:30 am)

Capitol AB

While the General Counsel’s office generally remains the gateway for retention decisions and overseer of the practitioner/law firm relationship, the reality of modern practice dictates that in certain situations, it is critical to be in a position to capitalize on CEO and board of director contacts and relationships. Practitioners and law firms are increasingly hired based on their relationship with a CEO or company director, particularly in the context of transformative M&A deals, defense assignments, bet-the-company litigation, and regulatory matters.

This panel will provide the views of CEOs and directors from multiple geographies and industries on the differentiating characteristics that put law firms “top-of-mind” and the factors that make them most likely to consider a firm for major matters. The presentation uses the annual “Master Class” format, which has been supported by the International Committee to institutionalize sustainable and systematic training for NAPABA members to share business development best practices.

Program Co-Chair and Moderator
Nicholas Chen
Managing Partner, Pamir Law Group (Taipei, Taiwan)

Program Co-Chair and Panelist
Nobuhisa Ishizuka
Partner, Skadden, Arps, Slate, Meagher & Flom LLP (Tokyo, Japan)

Panelists
Larry Barocas
Partner, Wilton Partners Limited (Shanghai, China)

Weili Cheng
Deputy General Counsel and Corporate Secretary, The Ritz-Carlton Hotel Company, L.L.C. (Chevy Chase, MD)

Ajay Desai
Managing Director, UBS (Chicago, IL)

Terry Hsiao
CEO, HookMobile (Vienna, VA)

Teresa Lee
Executive Director, Alliance for Home Health Quality & Innovation (Washington, DC)

 

CLE 603: What Lawyers Need to Know About Export Controls and U.S. Economic Sanctions of Asian Companies (10:45 am-12:00 pm)

Capitol H

The United States imposes extraterritorial international trade and investment restrictions that can prohibit, restrict, or regulate the commerce of Asian companies, sometimes even when they do no business in the United States.

This is done to advance U.S. and international security, foreign policy goals, countering terrorism, WMD proliferation, anti-narcotics trafficking and money laundering. U.S. regulations, particularly U.S. export controls and economic sanctions, can significantly affect both U.S. and Asian companies doing business internationally. The web of US regulations that have extraterritorial effect is getting broader, tighter and more extensive. These U.S. regulations are administered by different, sometimes overlapping U.S. agencies, and the panel will present on export controls and economic sanctions.

Program Chair and Moderator
Grace Parke Fremlin
Partner, Steptoe & Johnson LLP (Washington, DC)

Panelists
Richard Battaglia
Senior Counsel, Steptoe & Johnson LLP (Chicago, IL)

Suzanne Y. Kao
Partner, Huffman Riley Kao PLLC (Washington, DC)

Su Kwak
Corporate Counsel, Oracle (Washington, DC)


NAPABA International Committee Co-Chairs

Nicholas V. Chen, Managing Partner, Pamir Law Group (Taipei, Taiwan)

Cedric C. Chao, Partner, Morrison & Foerster (San Francisco, CA)

Grace Parke Fremlin, Partner, Steptoe & Johnson (Washington, DC)

Phillip F. Shinn, Foreign Attorney, Kim & Chang (Seoul, Korea)

top sponsors