Thursday, February 27, 2020

4:30 p.m. ILS Executive Council Meeting

Hogan Lovells, 600 Brickell Avenue, Suite 2700, Miami, Florida 33131

6:30 p.m. Opening Cocktail Reception

Hogan Lovells, 600 Brickell Avenue, Suite 2700, Miami, Florida 33131

*Included in registration fee

Friday, February 28, 2020

Opening Plenary Session

8:45 a.m. to 9:45 a.m. U.S. Sanctions Policy and OFAC: What Every Lawyer (and Client) Should Know

U.S. sanctions policy has evolved over the last three decades, but has always had a particularly significant role in Latin America, beginning with the Cuba Embargo, Kingpin Act in Venezuela, and – most recently – the sanctions imposed on the Maduro Regime in Venezuela. This plenary will discuss that evolution, with a keynote presentation by Richard Newcomb, who served as the Director of the Office of Foreign Asset Controls (OFAC) from 1987 to 2004, and a panel discussion on the impact of sanctions policy on your case and client.

Moderator: Harout J. Samra, DLA Piper, Miami, Florida

Speakers: Richard Newcomb, DLA Piper, Miami, Florida

John McKendrick QC, Outer Temple Chambers, London, United Kingdom

Benjamin G. Greenberg, GreenbergTraurig, Miami, Florida

9:45 a.m. to 10:00 a.m. Coffee Break

Morning Sessions International Litigation Track

10:00 a.m. to 11:00 a.m. The Helms-Burton Litigation Explosion: A Federal Cause of Action Takes Effect

Numerous cases have been filed in recent months against companies that have done business in Cuba for allegedly utilizing property expropriated by the Cuban government during and after the Cuban Revolution. These claims – most of which have been initiated in the United States District Court for the Southern District of the Florida – have been made possible because President Trump declined to suspend the Article III cause of action as past presidents had done. This panel, which features lawyers who are litigating these cases, will provide an overview of this litigation, which promises to be in headlines for the foreseeable future.

Moderator: Pedro Freyre, Akerman, Miami, Florida

Speakers: Javier Lopez, Kozyak Tropin & Throckmorton, Coral Gables, Florida

Evan Ezray, Boies Schiller, Fort Lauderdale, Florida

Richard Lorenzo, Hogan Lovells, Miami, Florida

France Tenaille, Gowling WLG, Ottawa, Canada

Jenny Torres, Akerman LLP, Miami, Florida

11:00 a.m. to 11:15 a.m. Coffee Break 11:15 a.m. to 12:15 p.m. Thinking Big After the Singapore Convention: The Promise of Cross-Border Mediation

On August 7, 2019, forty-six countries, including the United States, China, India, and South Korea signed the United Nations Convention on International Settlement Agreements for Mediation in Singapore, which enables enforcement of mediated settlements between signatory states, and has the potential to transform how disputes are managed around the world. The panel will review the Convention’s anticipated impact from multiple perspectives and discuss whether cross-border mediation post-Singapore will become as prominent on the international stage as did arbitration following the New York Convention.

Moderator: Gary Birnberg, JAMS, Miami, Florida

Speakers: Mushegh Manukyan, General Counsel – International, Enveritas, New York City, New York

Ximena Bustamante, PACTUM Dispute Resolution, Quito, Ecuador

Salman Ravala, Criscione Ravala, New York, New York

International Arbitration Track

10:00 a.m. to 11:00 a.m. Rapid-Fire Discussion: Regional Reports on the Global Current State of Affairs in International Arbitration

An exciting and quick-moving session covering key legal and practice developments pertaining to the latest global highlights with a focus on international arbitration. In rapid succession, experts will answer questions and provide updates on relevant topics (including the current state of affairs in international arbitration, key cases, legal updates, emerging trends and what the future holds for international ADR globally) — all under tight time frames managed by the moderator. Special emphasis will be given to an overview of the potential advantages and problems in selecting a particular seat of arbitration; investor-state arbitration; areas of concern and areas of promise. Conference attendees will have the opportunity to listen, compare and analyze the international dispute resolution landscape as presented and receive important updates regarding international arbitration.

Moderator: Mauricio Gomm, GST LLP, Miami, Florida

Speakers: Rainbow Willard, Chaffetz Lindsey, LLP, New York, New York

Cesar Pereira, Justen, Pereira, Oliveira & Talamini Advogados, Sao Paulo, Brazil

Howard S. Zelbo, Cleary Gottlieb Steen & Hamilton LLP, New York, New York

Clarissa A. Rodriguez, Reich Rodriguez, P.A., Miami, Florida

11:00 a.m. to 11:15 a.m. Coffee Break 11:15 a.m. to 12:15 p.m. The International Arbitrators’ Roundtable: What are the Issues? What Really Works?

The leading international arbitrators believe they know what works and what does not. Find out from their viewpoint: What are the hallmarks of effective advocacy? How do they manage to tiptoe through procedural minefields? How do they manage an international arbitration efficiently? Using the ICDR’s first procedural order to structure the international arbitration. What are their most memorable experiences in international arbitration? What is the best approach to render a reasoned and enforceable award? How do you encourage positive panel dynamics and how do you deal with problem co-arbitrators? Discussing the powers of the chair and the impact of the panel’s culture and legal tradition. These and other procedural and substantive questions will be discussed during this moderated session. Additional topics as well as questions submitted by the audience to be covered.

Moderator: Eric P. Tuchmann, Senior Vice President, General Counsel and Corporate Secretary, AAA-ICDR, New York, New York

Speakers: Edna Sussman, Independent Arbitrator, SussmanADR, New York, New York

Grant Hanessian, Baker & McKenzie LLP, New York, New York

Eduardo Palmer, Independent Arbitrator, Miami, Florida

International Business Transactions Track

10:00 a.m. to 11:00 a.m. Trump’s Trade War With China

This panel will explore the use of the President’s emergency powers under the Trade Act of 1974, the retaliatory action by China against US products, the tariff Exclusion application process by the US Trade Representative, how and why companies are changing their international supply chains for products entering the United States, and a prediction for future world trade.

Moderator: Peter Quinter, GrayRobinson, Miami, Florida

Speakers: Simone Mayer, CEO and Chief Creative Officer, FOH, Inc., Miami, Florida

Keith Koenig, Chairman, City Furniture, Inc., Tamarack, Florida

Lenny Feldman, Sandler Travis & Rosenberg, Miami, Florida

11:00 a.m. to 11:15 a.m. Coffee Break 11:15 a.m. to 12:15 p.m. Impact of New Economic Substance and BOSS Laws on Cross-Border Transactions

As an emerging issue confronting the international bar with far-reaching global consequences, the panel will discuss what the changing landscape means for those whose clients utilize international structures and other wealth preservation strategies.

Moderator: James Meyer, Harper Meyer LLP, Miami, Florida

Speakers: Jeffrey Hagen, Harper Meyer LLP, Miami, Florida

Fanny Evans, Morgan and Morgan, Tortola, British Virgin Islands

Lynden John, Vistra, Grand Cayman, Cayman Islands

Luncheon Speaker: Elisabeth Eljuri Former Chief Negotiator and Chief Legal Counsel, Sierra Oil and Gas 12:30 p.m. to 1:45 p.m.

*Included in registration fee.

Afternoon Sessions International Litigation Track

2:00 p.m. to 3:00 p.m Hot Topics in International Litigation

The annual crowd pleaser is back! Join us for another round of Ed Mullins’s animateddiscussion of hot topics in international litigation. This panel will survey current legalissues and significant recent legal decisions that every international litigator shouldbe aware of.

Moderator: Edward M. Mullins, ReedSmith, Miami, Florida

Speakers: Laura Reich, Reich Rodriguez, P.A., Miami, Florida

Kristin Drecktrah Paz, Shutts & Bowen LLP, Miami, Florida

Carlos F. Osorio, Osorio Internacional, P.A., Miami, Florida

3:00 p.m. to 3:15 p.m. Coffee Break 3:15 p.m. to 4:15 p.m. How Much Can You Trust the Litigation Trust?: A Closer Look at the PDVSA U.S.

Litigation Trust as an Example of Potential Uses and Misuses of Litigation Trusts In March 2018, the PDVSA U.S. Litigation Trust – a New York-based litigation trust that claimed to hold a valid assignment of claims from PDVSA – filed a lawsuit in the U.S. District Court for the Southern District of Florida against twenty-three defendants that were alleged to have violated antitrust laws and the RICO statute by conspiring to rig bids submitted to PDVSA for the supply and purchase of various energy products. Although the case was dismissed on the ground that the Trust could not prove it had standing to pursue the claims, the case raises important questions about the proper use of litigation trusts. For example, panelists will discuss: What is the purpose of establishing a litigation trust? What are the uses and different applications of litigation trusts? In what ways can litigation trusts be misused? What procedural hurdles must be overcome before forming a litigation trust? Can litigation trusts be used to facilitate fraudulent transfers? Can litigation trusts be used to improperly shield assets? What lessons can we learn from the PDVSA U.S. Litigation Trust case?

Moderator: Fernando J. Menendez, Sequor Law P.A., Miami, Florida

Speakers: Stuart Cullen, Harneys, Tortola, British Virgin Islands

Jeffery Commission, Burford Capital, Washington, D.C.

Boaz S. Morag, Cleary Gottlieb Steen & Hamilton LLP, New York, New York

International Arbitration Track

2:00 p.m. to 3:00 p.m. International Construction Arbitration Mega-Projects – Trends, Developments, and “Best Practices – Understanding the Issues, Challenges, Cultural Differences, and Conflict Management Options

This session will explore the various issues and challenges when in an international construction arbitration. What is the cultural impact on the process of the interplay between the common law and civil law traditions in viewing an international construction dispute? The issues to consider when participating in an international construction arbitration, understanding the complexities and “best practices” for the presentation of evidence, use of experts, written submissions, privilege concerns, and other related issues. Challenges may also arise when dealing with language, logistical issues and mediating with foreign parties.

Moderator: Luis M. Martinez, Vice President, AAA-ICDR, New York, New York

Speakers: Albert Bates, Jr., Pepper Hamilton, LLP, Pittsburgh, Pennsylvania

Charles N. Juliana, Esq., Vice President & General Counsel, IPS – Integrated Project Services, LLC, Blue Bell, Pennsylvania

Wendy K. Venoit, Hinckley Allen, Boston, Massachusetts

Additional Materials:

3:00 p.m. to 3:15 p.m. Coffee Break 3:15 p.m. to 4:15 p.m. Dealing with Technology and A.I.: A Look to the Future

This session will discuss the issues and approach that the various stakeholders, including in house and outside counsel, arbitrators and the administering institution may have to consider when faced with a number of challenges as they participate in an international arbitration. The panel will discuss issues as cybersecurity, data privacy, the exchange of information and non-signatories, controlling time and costs, the impact of technology and AI, changes or additions to be made to the international arbitration rules and the possible impact all of these issues will have on international arbitration.

Moderator: John Fellas, Hughes, Hubbard & Reed LLP, New York, New York

Speakers: Mark C. Morril, MorrilADR, New York, New York

Sophie Nappert, Arbitrator, Gray’s Inn, London, United Kingdom

Diana Didia, SVP/Chief Information and Innovation Officer, AAA-ICDR, New York, New York

Additional Materials:

International Business Transactions Track

2:00 p.m. to 3:00 p.m. Immigration Updates and Strategies for the International Practitioner

This panel will provide an overview of recent changes to U.S. immigration policies affecting both nonimmigrant and immigrant clients. The panelists will also discuss strategies that can assist clients in developing their short and long-term immigration plans.

Moderator: Jacqueline Villalba, Harper Meyer LLP, Miami, Florida

Speakers: Larry S. Rifkin, Rifkin & Fox-Isicoff, P.A., Miami, Florida

Juliana G. Lamardo, Law Offices of Juliana G. Lamardo, P.A., Miami, Florida

Elina M. Santana, Santana Rodriguez Law, P.A., Miami, Florida

3:00 p.m. to 3:15 p.m. Coffee Break 3:15 p.m. to 4:15 p.m. Compliance in Mergers & Acquisitions

Mergers and acquisitions are frequently used by global companies as a vehicle to expand and grow their business and services. However, when acquiring or merging with a company, you are not only acquiring the company but also any compliance issues it may have. This panel will discuss the importance of understanding what laws and regulations are applicable to clients and what potential risks are involved, such as Anti-Money Laundering, Anti-Corruption/Bribery, and Privacy. The panel will also discuss common red flags, the preventative steps that should be taken, and efficient ways in which to integrate compliance post-acquisition.

Moderator: Robert Becerra, Becerra Law P.A., Miami, Florida

Speakers: Richard Montes de Oca, MDO Partners, Miami, Florida

John Tobon, Deputy Special Agent in Charge, Homeland Security Investigations, Miami, Florida

Rebekah Poston, Squire Patton Boggs, Miami, Florida

Luis Salazar, Salazar Law, Miami, Florida

Additional Materials:

Closing Plenary Session

4:30 p.m. to 5:30 p.m. The Indelible Stain of Corruption in the International Legal Landscape: Views From Litigation, Arbitration, and Transactions

Corruption is one of the most difficult challenges of our contemporary society, and the legal system is not the exception. The general perception around the world is that corruption is on the rise, and also the efforts to eradicate it. Almost every week, we learn about the occurrence of new corruption scandals and their destructive effect. Luckily, the legal responses are increasingly fast and efficient even though marred with challenges. This closing roundtable will feature a discussion among legal experts drawn from the judiciary, the private sector and the bar, about the most pressing challenges involving corruption on the realm of transnational legal practice. The discussion will focus on recent cases from different parts of the world, involving allegations of corruption in the context of each of the tracks covered by this conference (litigation, arbitration and transactions). Discussants will also address the challenges and strategies deployed by the parties in each situation, and the impact on the legal profession, especially here in South Florida.

Moderator: Manuel A. Gomez, Professor of Law and Associate Dean for Graduate Studies & Global Engagement, Florida International University College of Law, Miami, Florida

Speakers: Alexandre de Gramont, Dechert LLP, Washington, D.C.

Rafael R. Ribeiro, Hogan Lovells LLP, Miami, Florida

Fatima Wolff, General Counsel & Compliance, Latin America, Boston Scientific Corporation, Weston, Florida

Cara Viglucci, VP Compliance Strategic Response, Interim Chief Ethics & Compliance Officer, Millicom, Coral Gables, Florida

Nicole H. Sprinzen, Cozen O’Connor, Washington, D.C

5:30 p.m. to 7:30 p.m. iLaw2020 Closing Cocktail Reception – JW Marriott Marquis