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DAY ONE
MONDAY April 26, 2010
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10:00 AM - 11:00 AM
Registration and Orientation
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11:00 AM - 12:30 PM
CROSS-BORDER LENDING AND DEBT RESTRUCTURING
Attorneys from a major international law firm will discuss the techniques of cross border loan financing, with special focus on the negotiation of credit agreements and collateral packages, as well as techniques used to restructure distressed credits in the international arena.
DAVID L. WILLIAMS, Partner
STEFANIE BIRKMANN, Counsel
MORRIS MASSEL, Counsel
SIMPSON THACHER, New York
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12:30 PM - 2:00 PM
Networking Lunch at the New York Bar Association
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2:00 PM - 5:00 PM
International Litigation and Arbitration
Three experienced international litigators will discuss practice related topics in litigation and arbitration.
- Litigation in
U.S.
Courts,
- Procedural Issues (e.g. jurisdiction jury v non jury; federal v. state court)
- Strategy
- Enforcement of foreign court judgments in U.S. enforcements of U.S. judgments in foreign courts.
- International Arbitration of Commercial Disputes
- Various for a and rules for arbitration
- Keys to a well-drafted and enforceable arbitration cause.
- Strategy
- Enforcement of arbitral awards
THOMAS PIEPER, Attorney
CHADBOURNE & PARKE, NEW YORK
TED SEMAYA, Partner
EATON VAN WINKLE, New York
ANTHONY A. DEAN, Director
GIBBONS P
.C.
, New York
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DAY TWO
TUESDAY April 27, 2010
9:30 AM - 10:30 AM
Legal Opinions in International Cases and Transactions
A study of the preparation and delivery of legal opinions in international cases and transactions.
CARLOS FRADIQUE MENDEZ, Partner
BRIGARD & URRUTIA,
B
OGOTA, COL
O
MBIA
PAOLA LOZANO, Partner
SKADDEN ARPS, SLATE, MEAGHER & FLOM LLP, New York
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11:00 AM - 12:00 PM
Swaps & Derivatives
Leading experts in the field will analyze the business/economic rational of Swaps and Derivative Instruments followed by a study of core issues arising in drafting and negotiating ISDA documentation. Special focus will be placed on Interest Rate Swaps, Currency Swaps and Credit Derivatives, found most frequently in modern financial practice.
AZAM AZIZ. Partner
SHEARMAN & STERLING, New York
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12:00 PM - 2:00 PM
LUNCH on your own
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2:00 PM - 4:00 PM
Mergers and Acquisitions & Private Equity Investment
Michael Yanowitch of the international law firm of Sidley Austin Brown & Wood will provide a practice-oriented analysis of documents used in international mergers and acquisitions. This talk will be followed by a talk on the related topic of Private Equity Investment by Andrew Quale, partner at Sidley Austin Brown & Wood.
ANDREW C. QUALE JR., Partner
MICHAEL H. YANOWITCH, Partner,
SIDLEY AUSTIN, New York
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6:30 PM - 8:00 PM
Law Firm Reception
Reception at the law offices of Sidley Austin, 787 Seventh Avenue, New York, New York 10019. Includes discussion on the impact of the current economic environment on the international practice of law. Sidley Austin is a multinational law firm with over 1,000 lawyers worldwide.
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DAY THREE
WEDNESDAY April 28, 2010
9:00 AM - 10:30 AM
SECURITIZATION
Securitization has emerged as one of the dominant means of capital formation in the United States, and increasingly throughout the world, including Europe and the emerging markets of Latin America and Asia. Each year, trillions of dollars of securitization transactions are structured by a wide range of entities, including financial institutions, auto financiers, leasing companies, hotels, credit card issuers, utilities, insurance companies, government and local authorities. This presentation is intended as an overview of the basic principles of asset securitization and the legal, structural and regulatory issues that must be considered in completing an international securitization transaction.
MARC J. VEILLEUX, Partner
ANTHONY NOLAN, Partner
KIRKPATRICK LOCKHART PRESTON GATES & ELLIS, LLP, New York ___________________________________
11:00 AM - 12:00 PM
ACQUISITION AND DEVELOPMENT AND RESTRUCTURING OF RESORTS IN LATIN AMERICA AND THE CARIBBEAN
This panel will discuss the structuring and tax aspects of resort and hotel development and financing, drawing from their experience with high-end developments in Mexico and the Caribbean. Topics include:
- Restructuring of Distressed Projects
- The Unique Challenges of Development of Resorts, Hotels, Marinas and high end tourism facilities
- Due Diligence
- Local Law Considerations and Working With In-Country Counsel
- The Construction and Development Phase
- Operational and Management Considerations
- Debt and Equity Financing
- Tax Issues and Other Structural Considerations
- Fractional Ownership / Timeshare Projects
AMY ARENTOWICZ, Attorney
DAVID E BOLEN, Partner
NATHAN HAYNES, Partner
GREENBERG, TRAURIG LLP, New York
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12:00 PM - 1:00 PM
LUNCH ON YOUR OWN
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1:00 PM - 2:00 PM
Offshore Structures as Investment Vehicles
Offshore structures are the most widely used vehicles to channel investment to the international markets. The use of offshore investment vehicles for investing in the US capital markets can generate important tax advantages for foreign nationals. Mark Barth, a leading expert in the offshore investment vehicles will offer a practical guide to offshore funds. The discussion includes an overview of the structures available for different types of funds according to investment objectives and types of investor as well as a discussion of the offshore locations that provide the best environment for offshore funds.
MARK BARTH, Partner,
AKIN, GUMP, STRAUSS, HAUER & FELD, New York
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2:30 PM - 4:30 PM
International Trade
Duty Minimization Techniques for Imports to the United States:
- Maximizing Profits By Reducing U.S. Customs Duties on International Sales
- Designing and Constructing Goods With an Understanding of Tariff Classification
- Excluding Middleman or Trading Company Profits from Dutiable Value
- Utilizing Third Party Services to Reduce Dutiable Value
- Reducing Duties on Late or Defective Shipments
- Drawback and Duty Deferral Techniques
- Duty Preference/Free Trade Programs
Antidumping
Antidumping procedures make up 80% of the cases brought before the United States International Trade Agencies. In an integrated international economy, the trade policies of the United States can affect the exports of companies from virtually any country around the world.
The speakers in this panel are partners at the law firm of GRUNFELD, DESIDERIO, LEBOWITZ, SILVERMAN & KLESTADT LLP, one of the leading firms in the United States that devote 100% of their practice to international trade.
EDWARD B. ACKERMAN, Partner
GRUNFELD, DESIDERIO, LEBOWITZ, SILVERMAN & KLESTADT LLP, New York
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DAY FOUR
THURSDAY APRIL 29, 2010
9:30 AM · 10:30 AM
FINANCING INFRASTRUCTURE PROJECTS
This panel will focus on project finance of roads and airports under public private partnership schemes. Topics covered will include:
- Build Operate Transfer (BOT) concession approach and traditional government
- Project Phases
- Determinants of debt terms
- Revenue security
- Risk of participants and allocation of risk in a Design-Build Contract
- Project Documentation
JEFF MEYERS, Partner and Head of the Energy Practice
STROOK, New York
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11:00 AM · 12:30 PM
ASSET-BACKED FINANCE
An in-depth analysis of asset backed finance. This talk will focus on:
- Structuring transactions
- Structuring an adequate collateral package
- Remedies for breach
- Title and registration issues in international transactions
- Aircraft Finance Cape Town Treaty
- Financing of other large ticket assets
The panel will discuss the challenges of structuring and financing asset-backed transactions in multiple jurisdictions.
JAIME E. FERNANDEZ, Assistant General Counsel
CESSNA FINANCE CORPORATION
FEDERICO SANTACRUZ, Partner
RITCH MUELLER, Mexico City, Mexico
RICARDO BERNARDI
BERNARDI & SCHNAPP ADVOGADOS, Sao Paulo, Brazil
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12:00 PM - 1:30 PM
Lunch on Your Own
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1:30 PM - 2:30 PM
International Tax
A discussion of tax issues arising in the structuring of inbound and outbound international corporate transactions.
MARY F. VOCE, Partner
DIANA DAVIS, Associate
GREENBERG, TRAURIG LLP,
New York
3:00 PM - 4:00 PM
DUE DILIGENCE IN SECURITIES OFFERINGS BY INTERNATIONAL ISSUERS
The sale of stocks or bonds of foreign companies in the United States subjects the seller to the strict disclosure requirements of the securities laws of the United States. At the core of the process is the preparation of the prospectus or the private placement memorandum. Mark Wilts hire, a leading international securities attorney, will discuss the due diligence process in securities offerings. The talk includes a detailed discussion of the roles of U.S. counsel and local counsel, as well as an overall discussion of the securities regulations of the United States as they pertain to offerings of stocks and bonds by foreign companies in the New York Stock Exchange and the NASDAQ.
MARK WILTS HIRE, Partner
SIDLEY AUSTIN, New York
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DAY FIVE
FRIDAY April 30, 2010
8:30 AM · 11:30 AM
Negotiation, Mediation and Alternative Dispute Resolution
How to Negotiate Successfully in a Cross-Cultural Environment
Taught by a leading author in the field, this program will give practitioners strategies for effectively negotiating business agreements in a global, cross-cultural marketplace. Special emphasis will be placed on how to negotiate with U.S. attorneys.
- Styles of Negotiation
- Stages of Negotiation
- Dealing with Disputes
- Communicating successfully in cross-cultural negotiations
- Techniques of information gathering for negotiation
- Developing and using bargaining power
- Framing offers and the negotiation dance
How to Settle Business Disputes
This section will examine options for settling business disputes, giving special attention on how to represent clients in mediation, a forum that is increasingly used by the courts and the parties through private agreement.
- Options for Settling Disputes: Judicial conferences, neutral evaluations, mediation and mini trials.
- Comparative study with other legal systems
- States of the mediation process
- Stages of client representation
- Drafting of multi-step dispute resolution clauses
HAROLD I. ABRAMSON, Professor of Law
TOURO LAW CENTER
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11:30 AM · 12:15 PM
CLOSING AND AWARDS
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