2015 EUROPE FORUM

Transatlantic Deals and Disputes: What U.S. and European Lawyers Must Know

Today to Best Represent Their Clients

 

March 26-27, 2015 | Wes n Grand Berlin | Germany 

For more informa on visit shopaba.org/Berlin2015

This program will be accredited for CLE in the U.S. including 1.5 hours of ethics credit. For delegates from other countries where CPD/CLE is mandatory, the ABA

will be pleased to provide a Certificate of Attendance for this conference.

Presented by:

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Program Planning Committee

SECTION CHAIR 2014-15 Marcelo Bombau • M. & M. Bomchil Abogados • Buenos Aires, Argentina

STEERING COMMITTEE Robert Brown • Bingham Greenebaum Doll LLP • Louisville, KY, USA

Birgit Kurtz • Gibbons P.C. • New York, NY, USA Dr. Anke Meier • Noerr LLP • Frankfurt, Germany

Dixon Miller • Porter Wright Morris & Arthur LLP • Columbus, OH, USA Steven Richman • Duane Morris LLP • New York, NY, USA

PLANNING COMMITTEE

Brendan Berne • Pilton Gillespie • Paris, France Holger Bielesz • Wolf Theiss • Vienna, Austria

Anna Yoshica Birtwistle • CM Murray LLP • London, United Kingdom Alex Blumrosen • Bernard-Hertz-Béjot • Paris, France

Wayne J Carroll • PricewaterhouseCoopers • Frankfurt, Germany Mattia Colonelli, Esq./Avv. • Colonelli de Gasperis Studio Legale • Milan, Italy

Taylor Croley • American Bar Association • Washington, DC, USA Prof. Dr. Renate Dendorfer-Ditges • Ditges • Bonn, Germany

Stephen Denyer • The Law Society of England and Wales • London, United Kingdom Joe Federici • Georgetown University • Washington, DC, USA

Thomas Happell • American Bar Association • Washington, DC, USA Dr. Hans-Michael Giesen • Giesen Heidbrink • Berlin • Germany

Axel Heck, Esq. • Alexander & Partner • Berlin, Germany Dr. Hermann J. Knott LL.M. • Luther • Cologne, Germany

Rosa Lima • Rosa Lima PC • Albuquerque, NM, USA Julie Mamou • The Law Society of England and Wales • London, United Kingdom

Scott Maravilla • Federal Aviation Administration • Rockville, MD, USA Michelle Mattingly • American Bar Association • Washington, DC, USA David McCluskey • Peters & Peters Solicitors • London, United Kingdom

Mark McNeil • Shearman & Sterling LLP • London, United Kingdom Lelia Mooney • Partners for Democratic Change • Washington, DC, USA

Juergen R. Ostertag • Pryor Cashman LLP • New York, NY, USA Roselyn Sands • Ernst & Young Law • Paris, France

Lisa Savitt • Crowell & Moring LLP • Washington, DC, USA Katie Shay • International Corporate Accountability Roundtable • Washington, DC, USA

Marcy Stras • Cozen O’Conner • Washington, DC, USA Salli Swartz • Artus Wise • Paris, France

Dr. Matthias Unterrieder • Wolf Theiss • Vienna, Austria Katherine H Woodcock • Lorenz CVBA • Brussels, Belgium

W Hartmann Young • Perkins Coie LLP • Washington, DC, USA

Continuing Professional Development/Continuing Legal Education 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. This course is expected to qualify for 9.0 CLE credit hours (including 1.5 ethics hours) in 60-minute states, and 10.8 credit hours (including 1.8 ethics hours) in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit http://www.americanbar.org/cle/mandatory_cle.html.

For delegates from other countries where CPD/CLE is mandatory, the ABA will be pleased to provide a Uniform Certificate of Attendance which, subject to the exact CPD/CLE requirements of your bar association/law society, may be used to obtain the equivalent accreditation in your jurisdiction.

PROGRAM AGENDA Thursday, March 26, 2015

9:00 AM – 11:00 AM WOMEN’S NETWORKING BREAKFAST Strengthen your professional network by connecting with women of all career levels at Dressler Restaurant. Tickets are 35 USD and space is limited!

11:30 AM – 12:30 PM REGISTRATION Salon Foyer

12:30 PM – 2:00 PM NETWORKING LUNCHEON Restaurant Coelln

Welcome Remarks by Marcelo Bombau, Chair of the ABA Section of International Law 2:00 PM – 3:30 PM OPENING PLENARY SESSION

United Nations Guiding Principles on Business and Human Rights

Salon Unter den Linden

The United Nations Guiding Principles on Business and Human Rights (“Guiding Principles”) were unanimously endorsed by the UN Human Rights Council in June 2011 and were endorsed by the American Bar Association in February 2012. These principles affirm that business enterprises have a responsibility to respect human rights and that States have a duty to ensure that they do so. The Guiding Principles also clarify that the duty to protect against human rights abuses requires States to take “appropriate steps to prevent, investigate, punish and redress such abuse through effective policies, legislation, regulation and adjudication.” This panel will discuss what business lawyers should know about how governments are implementing the Guiding Principles, including through reporting requirements, human rights due diligence, and procurement policies.

Panel Chairs: Katie Shay, International Corporate Accountability Roundtable, Washington, DC, USA

Joe Federici, Georgetown University, Washington, DC, USA

Moderator: Christopher Schuller, German Institute for Human Rights, Berlin, Germany

Speakers: Richard Howitt MEP, European Parliament for The East of England, Cambridge, England (Invited)

Carlos Cordero Sanz, SUSTENTIA, Madrid, Spain Lene Wendland, United Nations Human Rights Office, Geneva, Switzerland

3:30 PM – 4:00 PM NETWORKING BREAK Salon Foyer

Proudly sponsored by:

4:00 PM – 5:30 PM CONCURRENT SESSION No. 1 Salon Friedrichstadt Salon Unter den Linden

Role of Lawyers in UNGPs Implementation

Lawyers play a key role in protecting human rights, and in the advancement of the UN Guiding Principles on Business and Human Rights (Guiding Principles). The ABA recently launched the Business and Human Rights Project, which aims to explore the key issues that business lawyers face in advancing the Guiding Principles, including how to advise clients of their human rights duties or responsibilities.

This panel will share more about the ABA project and will provide a discussion on ongoing issues relevant to the role of lawyers in implementing the Guiding Principles.

Panel Chairs: Katie Shay, International Corporate Accountability Roundtable, Washington, DC, USA Joe Federici, Georgetown University, Washington, DC, USA

Moderator: Salli Swartz, Artus Wise, Paris, France

Speakers: Sabine Birken, Law Offices of Sabine Birken, Dortmund, Germany Almudena Bernabeu, Center for Justice and Accountability, San Francisco, CA, USA

Arbitration in Eastern Europe – What is Going On?

This panel will discuss current trends and recent developments in international arbitration involving Eastern European parties. The panelist, all long-standing arbitration specialists, will present their experiences of their recent cases and highlight particularities and caveats when conducting arbitration proceedings in the region. This includes a discussion of preferences regarding the arbitration institutions administering the proceedings and the parties’ expectations as to the process, bearing in mind that anglo-american procedural tools are to a large extent foreign to civil law jurisdictions. The panelists will also discuss if and how interim measures can be obtained and enforced. Likewise, they will share their practical experiences with regard to the enforcement of final awards. The panel is composed of experts from different countries with diverse backgrounds. All panelists have experience in both investment arbitration and commercial arbitration in Eastern Europe. They will share their different perspectives of legal counsel, arbitrator and government official.

Panel Chair & Moderator: Dr. Anke Meier, Noerr LLP, Frankfurt, Germany

Speakers: Markiyan Kliuchkovskyi, Egorov, Puginsk, Afanasiev & Partners, Kyiv, Ukraine Dmitry Marenkov, Germany Trade and Invest, Bonn, Germany Gretta Walters, Chaffetz Lindsey LLP, New York, NY, USA Tomasz Wardyński CBE, Wardyński & Partners, Warsaw, Poland

6:30 PM – 8:30 PM RECEPTION Berlin TV Tower

Panoramastraße 1A, 10178, Berlin The reception will begin with a welcome drink in the Lobby Bar from 6:30 to 7:00. At 7:00 p.m. the group will be escorted by elevator up to the Sphere Restaurant so

please plan to arrive by then. Beer, wine and light hors d’oeuvres will be served: a perfect start to your first evening in Berlin! Please note transportation is not provided.

Friday, March 27, 2015

8:00 AM – 9:00 AM REGISTRATION Salon Foyer

9:00 AM – 10:30 AM MORNING PLENARY SESSION

Cross-Border Ethics: A Roundtable of Current Issues

Salon Unter den Linden

Cross border practice, whether transactional or in dispute resolution, implicates attorney ethics and in particular, the rules of professional responsibility in the involved jurisdictions. While a lawyer is always subject to his or her home jurisdiction’s ethics rules, other jurisdictions’ rules may also be relevant. This is particularly true in the ethics areas of attorney client privilege and confidentiality. Some ethical issues may be resolved to some extent in the engagement letter, such as choice of law, but those are not dispositive. Lawyers also cross borders, both physically and virtually, further implicating ethical considerations and particular rules professional responsibility. This panel explores a variety of current issues in attorney ethics relevant to cross border practice. Developments in attorney-client privilege, multijurisdictional practice, “fly in, fly out”, third party funding and the impact of outsourcing and alternate business structure will be explored.

Panel Chair & Moderator: Steven Richman, Duane Morris LLP, New York, NY, USA

Speakers: Philip Berkowitz, Littler Mendelson, New York, NY, USA

Silvanne Helle, LL.M, Oppenhoff & Partner, Frankfurt, Germany Albert Knigge, Houthoff Buruma, Amsterdam, the Netherlands

Anita Schläpfer, Schellenberg Wittmer, Zurich, Switzerland *Ethics Credit Requested

10:30 AM – 11:00 AM NETWORKING BREAK Salon Foyer

Proudly sponsored by:

11:00 AM – 12:30 PM CONCURRENT SESSION No. 2

Salon Friedrichstadt Salon Unter den Linden Fight Against Corruption and White Collar Crime in Light of Tightening International Standards

The determination of the U.S. to fight the harmful effects of corruption beyond its national boundaries was accompanied by international efforts both on the level of the United Nations and the OECD. European jurisdictions started to follow, the UK Bribery Act being one of the first examples. This panel will focus on selected topics surrounding the fight against white collar crime, corruption and money laundering in Continental Europe. Practitioners from jurisdictions in the region will report their practical experience as to where their jurisdictions’ fight against corruption stands and what key deficiencies there are still to overcome. Among the topics covered are practical experience with corporate criminal liability regimes, leniency regimes, or similar ways to provide incentives for co-operation with criminal authorities, and European money laundering rules and their impact on the work of lawyers on both sides of the Atlantic.

Panel Chair & Moderator: Dr. Holger Bielesz, Wolf Theiss, Vienna, Austria

Speakers: Mark Beardsworth, Brown Rudnick LLP, London, United Kingdom Anne Valérie Julen Berthod, LL.M., Bär & Karrer SA, Geneva, Switzerland Mechtild Lauth, Transparency International, Berlin, Germany Mag. Karin Mair, Deloitte, Wien, Austria

Current Issues in International Art Law

The art world used to be relatively small: The main players – i.e., collectors, art dealers and auction houses – knew and trusted each other and often closed deals with a handshake. That has certainly changed in the last 20 or 30 years, and now, art is everywhere and seemingly for everybody. While this development is generally welcome, it also leads to serious risks. Recent art scandals show that there is a real potential for legal problems and significant losses – both financial and reputational.

Whether you acquire art worth millions of dollars for a world class collection, or you simply want to buy a painting for your home or office, you need to know the basics of art law. The panel of experienced international art lawyers will discuss a number of recent art law cases, explain the legal principles implicated in those cases and give tips on how to avoid (or at least minimize) problems.

Panel Chair & Speaker: Birgit Kurtz, Gibbons P.C., New York, NY, USA

Moderator: Peter Bert, Taylor Wessing, Frankfurt, Germany

Speakers: Dr. Friederike Gräfin von Brühl, K&L Gates, Berlin, Germany Massimo Sterpi, Jacobacci, Rome, Italy Pierre Valentin, Constantine Cannon, London, United Kingdom

12:30 PM – 2:00 PM NETWORKING LUNCHEONRestaurant Coelln

2:00 PM – 3:30 PM CONCURRENT SESSION No. 3 Salon Friedrichstadt

Mass Surveillance in the Digital Age: Three Levels of Civil Liberties Transgressions?

This program will examine mass surveillance and data harvesting, analysis, and dissemination. It will examine the impact of the rise of international cooperation and the simultaneous circumvention of judicial oversight of sharing of data. The program will consider several key issues: how mass interception and supranational distribution of information by both national authorities and corporates impacts individual privacy; how the concept of privacy has itself evolved alongside developments in technology; how the information garnered from interception is used in litigation, in particular when shared between jurisdictions, and how the secrecy surrounding intelligence activity increases the potential for abuse of power. The extent to which intelligence agencies have collected, stored and analysed individuals' communications raises the possibility that a person can become a suspect to a crime that has not yet been committed, and that in proceeding this way key legal protections for individuals are being trampled upon. This has garnered attention the world over, affects practitioners in a myriad of fields, and deserves robust and far-sighted legal reflection.

Panel Chair & Moderator: David McCluskey, Peters & Peters Solicitors LLP, London, United Kingdom

Speakers: Rosa Curling, Leigh Day & Co., London, United Kingdom Timothy Pitt-Payne QC, 11 King’s Bench Walk Chambers, London, United Kingdom Donald L. Vieira, Wilson Sonsini Goodrich & Rosati, Washington, DC, USA

Salon Unter den Linden

The Role of Foreign Lawyers and Law Firms in Western, Central and Eastern Europe – Market Needs and Regulatory Framework

The session concentrates on the regulatory framework and market needs for the expansion of foreign firms and lawyers into Western, Central and Eastern Europe. Foreign clients have established business interests in various areas of Continental Europe, and with them their lawyers have tried to gain a foothold in the jurisdictions relevant for their activities. At the same time in many places the market for legal services is saturated, so new entrants face a number of challenges when joining their clients on an international trail.

Other practice areas, like complex litigation and arbitration, or cross-border regulatory investigations, still enjoy growth prospects.

In the face of existing market conditions and regulatory rules the panel will discuss strategies for foreign (EU and non-EU) firms to organize their representation in Continental Europe. A focus of the panelists' attention will be when is it more advisable to pursue alliances instead of establishing one’s own local practice.

Panel Chairs: Stephen Denyer, The Law Society of England & Wales, London, United Kingdom Dr. Hermann J. Knott, LL.M., Luther, Cologne, Germany

Speakers: Andrew Caplen, The Law Society of England & Wales, London, United Kingdom Dina Gracheva, Strategy Consultant, Russia Markus Hartung, Bucerius Center on the Legal Profession, Bucerius Law School, Hamburg, Germany Pawel Pietkiewicz, Partner, White & Case, Warsaw office, Poland

3:30 PM – 4:00 PM NETWORKING BREAK Salon Foyer

4:00 PM – 5:30 PM CONCURRENT SESSION No. 4

Salon Friedrichstadt Salon Unter den Linden Compliance and Cross-Border Transaction: Compliance Issues from the View Point of the Acquiring Party

What are the acquiring party’s compliance objectives? The panel will discuss the question form the view point of the “home” jurisdiction of each panelist. Differences based on current hot topics in the respective countries such as child labor or date privacy concerns drive requirements for due diligence and the compliance regime for the future operation of a foreign target. The compliance concerns are not necessarily driven by purely legal concerns but cultural and political concerns as well. The discussion will also address the question whether a uniform compliance approach to a group of companies working in multiple jurisdictions is possible and whether there can be an international compliance program ‘best practices’ standard.

Panel Chair & Moderator: Juergen R. Ostertag, Pryor Cashman LLP, New York, NY, USA

Speakers: Maria da Glória Leitão, Cuatrecasas, Gonçalves Pereira, RL, Lisbon, Portugal Avv. Annalisa Reale, Chiomenti Studio Legale, Milan, Italy W Hartmann Young, Perkins Coie LLP, Washington, DC, USA

Employment Issues in Today’s European Union: What Are Pitfalls Lurking for Employers Seeking to Locate or Expand Within the EU?

Even with the EU’s ongoing efforts to harmonize laws and regulations in the European Member States, employment law remains local in many ways, including laws applicable to hiring, discharge, working hours, protected classes of employees, and compensation, to mention just a few. More recently, with the expansion of the EU to 28 Member States, some of which were former Soviet bloc countries, there is some concern that the number and complexity of these local issues may have increased, particularly in ways which may not be anticipated by an employer or prospective employer located in another Member State or outside of the EU. This program will initially address these and other typically “local” employment law issues from a broad EU perspective, focusing on certain key differences and identifying recent significant developments. The program will then focus on these issues and differences as they occur in the newer member states and finally will turn to recent developments in Germany and France. In making their presentations, each of the speakers will focus on the extent to which employers should take these issues and the differing regulations into consideration in developing expansion strategies and labor and employment policies within the EU.

Panel Chair: Dixon Miller, Porter Wright Morris & Arthur, Columbus, OH, USA

Moderator: Anna Yoshica Birtwistle, CM Murray, LLP, London, United Kingdom

Speakers: Dr. Thomas Griebe, Vangard, Hamburg, Germany Bartłomiej Raczkowski, Raczkowski Paruch, Warsaw, Poland Roselyn Sands, Ernst & Young Law, Paris, France Matthias Unterrieder, Wolf Theiss, Vienna, Austria

5:30 PM – 6:30 PM CLOSING DRINKS RECEPTIONSalon Foyer

Saturday, March 28, 2015

10:00 AM – 1:30 PM GROUP WALKING TOURJoin your colleagues for a private walking tour of Berlin! This event is optional and separately ticketed for 20 USD. A full description is listed on our website.

JOIN US AT AN UPCOMING SECTION EVENT!

The HNW Same Sex Family: Going Global

Brighton, United Kingdom April 9-11, 2015

2015 Spring Meeting

Hyatt Regency on Capitol Hill Washington, DC

April 28-May 2, 2015

Greece: The Path From A Great Past To A Great Future – The Role of Economics, Rule of Law and Best Practices

Onassis Cultural Centre Athens, Greece

June 16-16, 2015

7th Annual Moscow Conference on the Resolution of International Business Disputes Moscow, Russia

September 18, 2015

2015 Fall Meeting Fairmont The Queen Elizabeth

Montreal, QC, Canada October 20-24, 2015

2015 Asia Forum – Beijing

Hot Issues Representing Clients in Asia China World Hotel

Beijing, China November 16-17, 2015

For more information on the Section and our upcoming events visit americanbar.org/intlaw.

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Connect with womem attendees for breakfast at Dressler Restaurant March 26

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Join your colleagues on Saturday morning for a guided walking tour of Berlin!

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MCLE/CLE credit has been requested. For delegates where MCLE/CLE is mandatory, a Certificate of Attendance will be provided onsite.You will be required to fill in your State License Number on the MCLE/CLE sign in sheet at the 2015 Europe Forum. Please come to the meeting with your license number(s) for those states you will be obtaining MCLE/CLE credit.

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2015 Europe Forum March 26-27, 2015 – Berlin, Germany

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