Untitled Document
In This Issue

Member News
Send in Your News Items
In Memoriam: Sean McMillan

Membership
Young Lawyer Member Profile of the Month
Pathways to Employment in International Law Program

Policy
Section Policy Comments

Upcoming Section Programs
The 4th Annual Conference on the Resolution of CIS-Related Business Disputes
The 13th Annual LIVE from the SEC
2012 Fall Meeting
Increasing Access to Justice Through Class Actions: A Conference for Litigators & Policy Makers
Capital Markets in the 21st Century
2013 Spring Meeting

Highlighting our International Partners
International Bar Association (IBA) & Uganda Law Society
Canadian Bar Association (CBA)
Hispanic National Bar Association (HNBA)
International Law Association (ILA)
International Association of Young Lawyers (AIJA)

Committees
Upcoming Committee Programs
Join a Committee!
Commitee Homepages

Publications
International Law News
The International Lawyer
Global Business Immigration Practice Guide from LexisNexis

Rule of Law Activities
Upcoming Rule of Law Programs
Partnership with the World Bank’s Global Forum on Law, Justice and Development
Members Contribute to the World Justice Project Rule of Law Index 2012 Questionnaire
Program Support Fund
J-1 Visas for Visiting International Lawyers

Michael E. Burke

Dear Colleagues:

Welcome to the 2012-2013 ABA/Section year! As this is my first e-update as Chair, I ask your indulgence as I thank those who made this possible, particularly our Immediate Past Chair Mike Burke for his superb guidance and direction. He will be a hard act to follow. Fortunately the Section has a great leadership team, including Gabrielle Buckley, our Chair-Elect; Marcelo Bombau, Vice Chair; Lisa Savitt, Finance Officer; Sara Sandford, Secretary/Operations Officer; Robert Brown, Membership Officer; Adam Farlow, Liaison Officer; Steve Richman, Programs Officer; Isabella Bunn, Rule of Law Officer; Ron Bettauer, Policy Officer, Bill Mock, Publications Officer, Gretchen Bellamy, Diversity Officer, Dixon Miller, Technology Officer; Fiona Schaeffer, Communications Officer, and our Delegates Glenn Hendrix and Jeff Golden (also former Section Chairs). Our leaders ensure the high level and quality of the Section’s programs, publications, policy and projects—but our Committees and our active members are the engine that makes the Section “go.”

If you haven’t already, I hope you will register for our Fall Meeting in Miami, October 16-20. This is going to be a very special opportunity to meet with international practitioners (both in-house and outside counsel), academics, and government officials from around the world and to network with fellow Section members. Keynote speakers will include leaders of the United Nations, the US Department of Commerce and a justice of Brazil's highest court. The beautiful New World Symphony building off Lincoln Road and the spectacular Moore building in the Design District will welcome us for receptions. And over 60 panels will explore the most topical issues in international practice today. A direct link to the agenda and registration form is included under Program Updates below.

On behalf of our entire leadership team, I look forward to a terrific year.

Bart Legum
Chair


MEMBER NEWS

Reminder: Send items for “member news” to Fiona Schaeffer (fschaeffer@jonesday.com), Communications Officer, for inclusion in upcoming issues.

Sean McMillan, a former committee leader and an outstanding corporate and IP lawyer and partner of the Greenberg Traurig firm in Los Angeles, died tragically last month when the plane he piloted crashed into an LA residential street in a courageous emergency landing that likely saved many lives. Sean was a wonderful guy and friend to many--full of life and vigor and he loved to fly; he was a philanthropist who flew many volunteer medical missions in his plane for Angel Flight for 20+ years. Those of us who knew him will miss his intelligence, good humor, cheerful demeanor and compassion; those who didn’t know him have lost forever the opportunity to know a real Mensch.


MEMBERSHIP

Young Lawyer Member Profile of the Month

Hernán D. Camarero: Lawyer with Richards, Cardinal, Tützer, Zabala & ZaeffererSection Member Ausra Deluard is an Associate in the global competition group at Jones Day and based in San Francisco. Ausra is our new Deputy Membership Officer of the Membership Committee and will be working this year to expand the Section’s Mentorship Program as well as find new ways to recruit students and young lawyers and encourage them to become active members of the Section.

In addition to the Membership Committee, Ausra is a Vice-Chair of the Young Lawyer’s Interest Network and the Law Student, LL.M. & New Lawyer Outreach Committees. Ausra has also served as a Deputy Program Officer and was heavily involved in the organization of the 2012 Spring Meeting in New York. In addition to organizing and speaking on a program on antitrust issues in transactions around the world, Ausra planned and negotiated the After-Hours party, she also organized the Corporate Counsel Breakfast and the Young Lawyers brunch. Ausra also co-chaired a global compliance program with Fiona Schaeffer that won “Outstanding CLE Program” at the 2012 Section Retreat in Chicago. If you’d like to connect with Ausra on any of the initiatives she is working on she can be reached at adeluard@jonesday.com

Pathways to Employment in International Law Programs
The 2012-2013 Pathways to Employment in International Law program kicks off in September 2012. If you are interested in speaking at one of the programs listed below currently in the works for this Fall or scheduling one at your school please contact Membership Director Angela Benson at angela.benson@americanbar.org

  • SMU School of Law
  • George Mason University School of Law
  • Boston University School of Law
  • Phoenix School of Law
  • Fordham University School of Law/International Law Weekend
  • The Hague University of Applied Sciences
  • The University of Cincinnati College of Law

POLICY

The Section submitted joint comments with the Section of Antitrust Law on the Colombian Superintendent’s Draft Guidelines on Trade Associations. These blanket authority comments can be found on the Section’s policy page.


UPCOMING SECTION PROGRAMS

Moscow, Russia, September 21, 2012 “The 4th Annual Conference on the Resolution of CIS-Related Business Disputes” – For more information and to register, please visit http://ambar.org/moscow2012.

The 13th Annual LIVE from the SEC, October 2, 2012 – For more information and to register, please visit: http://www.ambar.org/SEC2012.

2012 Fall Meeting in Miami, October 16-20, 2012 – For more information and to register, please visit http://www.ambar.org/ilfall2012.

Brussels, Belgium, November 12-13, 2012 “Increasing Access to Justice Through E.U. Class Actions: A Conference for Litigators & Policy Makers” presented by the International Human Rights Committee. The event will be held at the European Parliament. More information and registration can be found at http://www.ambar.org/brussels2012

London, United Kingdom, November 29, 2012 “Capital Markets in the 21st Century” For more information and to register, visit http://www.ambar.org/london2012.

SAVE THE DATE! 2013 Spring Meeting in Washington, DC, April 23-27, 2013 at the Hyatt Regency Washington on Capitol Hill. For more information, please visit: http://www.ambar.org/ilspring2013


HIGHLIGHTING OUR INTERNATIONAL PARTNERS

International Bar Association (IBA) & Uganda Law Society
The International Bar Association (IBA) & Uganda Law Society held its African Regional Forum in Kampala, Uganda August 8 - 10 August 2012For more information, please visit: http://iba-arf.com/.

Canadian Bar Association (CBA)
The Canadian Bar Association (CBA) held its Canadian Legal Conference and Marketplace in Vancouver August 12 – 14.  For more information, please visit: http://www.cba.org/cba/vancouver2012/main/.

Hispanic National Bar Association (HNBA)
The Hispanic National Bar Association (HNBA) held its 37th Annual Convention in Seattle August 22 – 25.  The Section was represented by Finance Officer Marcelo Bombau. For more information, please visit: http://www.hnba.com/news-events/annual-convention/.

International Law Association (ILA)
The International Law Association (ILA) held its 75th Annual Conference in Sofia, Bulgaria August 26 – 30.  For more information, please visit: http://www.ila2012.bamp.bg/

International Association of Young Lawyers (AIJA)
The International Association of Young Lawyers (AIJA) held its 50th Annual Conference in Barcelona August 28 – September 1.  The Section was represented by Section Chair-Elect Bart Legum and Former Section Chair Salli Swartz.  For more information, please visit: http://aijabarcelona2012.org/.


COMMITTEES

Upcoming Committee Programs
Registration for the following Committee programs will be available on the Section website under the Events and CLE tab. To submit a non-CLE program proposal, please click here.

In the Belly of the Beast: Commercial Cargo and Security In an Era of Weapons of Mass Destruction, September 12, 2012
A non-CLE teleconference and in person program presented by the Export Controls and Economic Sanctions Committee, International Trade Committee and International Transportation Committee

Mexico-U.S. Cross Border Investment Tax Issues, September 13, 2012
A non-CLE teleconference presented by the International Tax Committee

Migration and People Movement: Front-line Insights on Business Practices for India, China and the United States, September 18, 2012
A non-CLE teleconference presented by the China Committee and co-sponsored by the Immigration & Naturalization and India Committees

Anatomy of an M&A Deal – Session Four – Due Diligence, September 19, 2012
The fourth session of a seven part non-CLE teleconference series presented by the International M&A Joint Venture Committee

Medical Devices Exports and Joint Ventures in India, September 24, 2012
A non-CLE teleconference presented by the India Committee

White Collar Criminal Investigations and Proceedings in France and the U.S., September 25, 2012
A non-CLE teleconference and in person program presented by the Europe Committee

Humanitarian Use of Patents, September 27, 2012
A non-CLE teleconference presented by the International Pro Bono Committee

Effective Compliance Tools for Cross-Border Regulation, October 15, 2012
A full day of CLE programming in New York co-sponsored by the Section of International Law

Update: FBAR, FATCA 8938 & Voluntary Disclosure, October 30 or 31, 2012
A non-CLE teleconference presented by the International Tax Committee

Tips for Navigating MOFCOM Merger Review, November 1, 2012
A non-CLE teleconference presented by the China Committee

Anatomy of an M&A Deal – Session Five – The Acquisition Agreement, November 7, 2012
The fifth session of a seven part non-CLE teleconference series presented by the International M&A and Joint Ventures Committee

OFAC Facilitation: I (Don’t) Know it When I See It, November 8, 2012
A non-CLE teleconference presented by the Export Controls and Economic Sanctions Committee

Series on FATCA #2 – Impact on Banking Industry, November 28, 2012
A non-CLE teleconference presented by the International Tax Committee

Anatomy of an M&A Deal – Session Six – Differences Between Public and Private Acquisitions, January 16, 2013
The sixth session of a seven part non-CLE teleconference series presented by the International M&A and Joint Ventures Committee

Tax Treaties & Exchange of Information Agreements – Impact on Cross-Border Commerce, February 6, 2013
A non-CLE teleconference presented by the International Tax Committee

Anatomy of an M&A Deal – Session Seven – Closing Logistics, February 20, 2013
The final session of a seven part non-CLE teleconference series presented by the International M&A Joint Venture Committee

Increased Audit & Enforcement: Impact on Your Clients, May 21, 2013
A non-CLE teleconference presented by the International Tax Committee

Join a Committee!
Membership in our committees is free, and it is never too early to get involved and start making contacts. Join a committee today!


PUBLICATIONS

International Law News

Winter Issue Deadline: October 22, 2012
Theme: International Anti-Bribery Compliance and Investigation

Spring Issue Deadline: December 10, 2012
Theme: Diversity Challenges of the Modern World

International Law News (ILN) publishes high-quality submissions on topics in our field. ILN editors are especially interested in articles related to each issue’s theme.

Submissions must follow the “ILN Author Guidelines” to be considered. The guidelines are posted here. For guidance or to submit an article, please contact ILN@americanbar.org or Managing Editor Lisa Comforty at lisa.comforty@americanbar.org.

Ideas for future themes and articles are welcome.

The International Lawyer
The 2011 Year in Review is now online. To view a copy of your Committee’s submission to the YIR or the publication in its entirety, please click here.

Global Business Immigration Practice Guide from LexisNexis
Special Offer - 20% discount for Section members through September 30th, 2012!

LexisNexis and the Alliance of Business Immigration Lawyers (ABIL) have just published “Global Business Immigration Practice Guide,” a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world. Written and edited by a global team of expert attorney members of ABIL, this new guide provides an overview of the immigration law requirements and procedures for over twenty countries, with practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries. This guide is ideal for human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries, as well as for business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals on global mobility issues. This publication can be purchased in the U.S. by calling 800-223-1940 or online at the LexisNexis Store. For orders outside the U.S., please email nicole.hahn@lexisnexis.com or call 518-487-3004.


RULE OF LAW ACTIVITIES

Rule of Law Informational Series
The Rule of Law Informational Series explores the concept of rule of law, identifies which organizations are involved in fostering the rule of law, and how to get involved. The sessions are free of cost and presented in-person as well as interactive teleconferences.  The last of the Section’s 2011-2012 series of Rule of Law Informational Sessions discussed the role of the U.S. military in advancing the rule of law throughout Africa. Given the important role that the military plays in many African nations, it is an often overlooked, but vital institution to engage when developing rule of law training and education throughout Africa. The presenters represented the U.S. Military's policy level view towards rule of law programming, as well as the everyday operational efforts currently being made in Africa by our U.S. Military forces at all levels of engagement.
The podcast and presentation materials for this and previous sessions can be found on the Rule of Law website.

Partnership with the World Bank’s Global Forum on Law, Justice and Development
The Global Forum on Law, Justice and Development (GFLJD) aims to facilitate the identification, discussion, production and sharing of innovative and customized legal and institutional tools to address global, regional or national development challenges. The Forum seeks to (i) promote a better understanding of the role of law and justice in the development process, through structured South-South and North-South dialogues among relevant stakeholders, and a research agenda that will facilitate and support the co-generation of knowledge; (ii) strengthen and better integrate legal and judicial institutions in the development process, through the carrying out of relevant  capacity building initiatives; and (iii) provide access to an open repository of knowledge. The GFLJD will set measurable, sustainable goals for itself in these areas, and evaluate its progress.

The Section is an Intellectual Partner, providing in-kind contributions on a number of thematic topics. The topics will be coordinated through thematic working groups exploring these overarching themes:

  • Justice Reform/Rule of Law Reform;
  • Law and the Economy, previously called Private Sector Development and Finance;
  • Environmental Law & Natural Resources;
  • Governance and Anti-Corruption (GAC); and
  • Empowerment and Equity for Diverse Communities, previously called Inclusion and Equity for Vulnerable Groups.

If you are interested in contributing to any of these abovementioned themes, please contact us at introl@americanbar.org. For more information on GFLJD, please review this PowerPoint presentation. We will continue to provide you with details on the latest developments of this partnership.

Members Contribute to the World Justice Project  Rule of Law Index 2012 Questionnaire
The Section of International Law was invited by the World Justice Project (WJP) to contribute to the WJP Rule of Law Index 2012 report. Qualified respondents were needed to complete questionnaires in civil and commercial law, criminal justice, labor law, and public health. The WJP is a multinational, multidisciplinary initiative to strengthen the rule of law for the development of communities of opportunity and equity worldwide. Their work consists of three program areas: Mainstreaming, Rule of Law Index, and Scholarship.  The WJP Rule of Law Index® is an innovative quantitative assessment tool designed by the WJP to offer a detailed and comprehensive picture of the extent to which countries adhere to the rule of law in practice. The Index provides new data on more than fifty dimensions of the rule of law organized around nine factors – limited government powers; absence of corruption; order and security; fundamental rights; open government; regulatory enforcement; civil justice; criminal justice; and informal justice. Data findings are presented in the annual WJP Rule of Law Index report series. These factors are further disaggregated into 52 sub-factors. This framework is used to estimate numerical scores of these factors and sub-factors for a group of countries.  The WJP Rule of Law Index® 2011 report presented data findings from 66 countries and jurisdictions. This year, global coverage of the Index is to expand to include up to 100 countries.
Data collection relies on pro-bono contributions of legal and development professionals around the world on an annual basis. With this in mind, the WJP was looking to expand their network of legal contributors by reaching out to members of the Section to participate in one of the four questionnaires for this project. Nearly 100 members from almost 40 countries responded to this call. Contributors will be acknowledged in the report and receive a hard copy due to be published by November 2012.  

Program Support Fund
The Section’s Rule of Law Activities are supported by the Section Support Fund under the ABA Fund for Justice and Education, a 501(c)(3) charitable organization (donate online). The Section Support Fund is used for activities to further ABA Goal IV: “to advance the Rule of Law.” ABA International actively contributes to furthering Goal IV. The Section undertook its first overseas project in 1986 and, in the more than twenty years since, ABA International has implemented numerous short- and long-term legal capacity building projects around the world. The Section’s Rule of Law Officer, Isabella Bunn oversees ABA International’s activities in coordination with Section staff.

J-1 Visas for Visiting International Lawyers
As a U.S. government designated sponsor, the ABA Section of International Law’s International Legal Exchange Training Program (“ILEX”) certifies international lawyers’ eligibility for exchange visitor status under the J-1 visa. International attorneys with a training offer from a U.S. law firm or legal office can apply for the J-1 visa through ABA International’s ILEX program. Trainees must complete the ILEX application, which is then processed electronically through the U.S. Department of State. To learn more about the program, click here.