Speakers

George Humphrey, Andrews Kurth, Houston

Dr. Johannes Koepp, Baker Botts, London

Dr. Stephen Huber, University of Houston School of Law

Topic Summary

The World Economic Forum's 2007 Global Risks Report has identified the exportation of US liability regimes as one of the top societal risks facing the world today. This panel will consider whether such a dire assessment is accurate. Class arbitration will be used as an example to lead into a discussion of how US-style litigation has shaped, and will continue to shape, international arbitrations generally. Are US procedures and proceedings being exported, either directly or through the enforcement of US awards? What are the traps for the unwary?

Accessions to the WTO - Saudi Arabia, Russia, Vietnam: Energy and Beyond

Links to presentations: Trossevin, Nicely

Speakers

Marguerite Trossevin, Mayer, Brown, Rowe & Maw LLP, Wash. D.C.

Matthew R. Nicely, Vinson & Elkins LLP

David S. Christy, Jr., The Loeffler Group, Washington D.C.

Topic Summary

Russia's accession to the WTO looms; Vietnam and Saudi Arabia recently have acceded to the WTO, presenting companies with opportunities, remedies, and some unresolved issues. This panel will outline the impact of that accession to US business and also discuss what sovereigns see as the major economic and legal issues in choosing to accede to the WTO or agree to Free Trade Agreements.

Refreshing Boilerplate Clauses in International Agreements

Speakers

Harry W. Sullivan, Jr., ConocoPhillips

Steven P. Otillar, Squire, Sanders & Dempsey L.L.P.

Topic Summary

By definition, boilerplate encompasses those provisions that counsel rarely change or update. This panel will discuss recent legal developments (e.g. money laundering legislation, SOX) or market developments (e.g. hurricanes in the Gulf and the force majeure and insurance clauses) that necessitate updating some of the neglected sections of agreements. The panel will evaluate some "best practices" provisions that address recurrent problems.

Director and Officer Liability in International Operations

Links to presentations: Longmore

Speakers

Anne Longmore, National D&O Product Leader, Willis Group Limited

Lic. Carlos Valencia, Thompson & Knight, Mexico City

Topic Summary

A comparative survey of variations in legal and ethical duties, responsibilities and risks of top management operating in various jurisdictions and the availability of D&O liability and other forms of insurance to mitigate risks.

Cuba After Castro

Speakers

Dr. Francisco Durand, University of Texas at San Antonio

Speakers

Stephen D. Davis (Moderator), Vinson & Elkins LLP

Prof. Clement M. Henry, Professor of Government, University of Texas at Austin

Topic Summary

This panel will discuss financing structures compliant with Shariah law principles and Middle East and other Islamic finance topics. Included will be a summary of various Shariah-compliant structures, as well as ways in which those structures can be applied under US law and can be woven into more traditional financing structures.

Development and Globalization of Real Estate Private Equity

Links to presentations: Tan

Speakers

Patrick K. Fox, Rockpoint Group, L.L.C.

David J. Lowery, Jones Day

Albert C. Tan, Haynes and Boone, LLP

Topic Summary

A panel of in-house and outside counsel will discuss recent legal developments of global real estate private equity, including discussions on what is real estate private equity; what are the legal steps and required documentation to form a real estate private equity fund; what are some of the key issues and considerations that sponsors of private equity funds must consider and resolve in setting up their fund, including raising money from non-U.S. investors; what is a typical formation structure for a real estate private equity fund that invests its capital in overseas markets; and what are some of the legal issues that typically have to be addressed in making non-US investments.

Resource Nationalism

Speakers

Sarah Carey, Squire, Sanders & Dempsey LLP

Mark Baker, Fulbright & Jaworski

Topic Summary

An analysis of the increasing efforts by many countries to recapture their oil and gas reserves and the resultant impact on international oil and gas companies. Panelists will discuss various changes in law and ultra vires acts taken by many host governments, and the legal rights and remedies that exist for those companies that have been damaged.

Arbitration Mistakes and Mishaps

Speakers

Mr. John Lorn McDougall, QC, Canadian National Committee of the ICC (Toronto)

Ben H. Sheppard Jr., University of Houston White Dispute Resolution Law Center

Topic Summary

The practice of arbitration has evolved into a distinct discipline with its own rules and practices. This is particularly the case in the international context, where differing laws, legal traditions and advocacy practices must be taken into account. But all too often, attempts to bridge these differences create problems for arbitrators, counsel, and parties. In this panel two well-known members of the international arbitration bar will review the common problems encountered from arbitration agreements, through hearings to final awards, and offer their comments on how to conduct arbitrations successfully.

International Security in the Workplace

Link to Presentation: Click here

Speakers

Alamdar Hamdani, Borunda, Hamdani & Simon LLP, Houston

Shaarik H Zafar, Senior Policy Advisor, Office for Civil Rights & Civil Liberties U.S. Dept. of Homeland Security

Carmen Walker, Deputy Officer, Office for Civil Rights and Civil Liberties, Equal Employment Opportunity Programs, Department of Homeland Security, Wash. D.C.

Topic Summary

This multidisciplinary panel will discuss the top compliance issues in the post 9-11 legal environment. While the Office of Foreign Assets Control requires reporting of certain transactions, national security letters arrive on general counsels' desks, and the FBI knocks on corporate doors, key employees' visas still have to be processed, suppliers abroad must be paid, and shareholders need to be informed. Businesses need to comply with legal inquiries from the United States Government in a host of areas while attending to the business needs of clients, employees, vendors, and shareholders. But, as employers, businesses also need to know that Title VII and the Civil Rights laws apply as they always did, and excuses of "corporate compliance" used to justify culturally insensitive acts can create legal liabilities, and in turn jeopardize the bottom line. To navigate the landscape of legal obligations presented by a post 9-11 environment requires an awareness of what post-9-11 laws require, cultural sensitivity to discern between difference and danger, savvy legal counsel, and easily obtainable information sources. This panel will highlight the main issues and offer resources to help counsel steer the right course.