International Law Symposium

International Law Symposium

NAPABA’s International Committee invites you to kick off the 25th Annual Convention early at the 6th annual International Law Symposium.

The Symposium will commence with a keynote luncheon, followed by three exciting panels on key international legal developments impacting both practitioners and in-house counsel, and concludes with a networking cocktail reception and dinner where you can meet colleagues from Asia, Latin America, and North America.

The Symposium and cocktail reception are included in your registration fee for the Annual Convention. The luncheon and dinner are separately ticketed events. Attendees are encouraged to make air travel and hotel arrangements early.

Program for November 7, 2013

11:30 AM – 1:00 PM Luncheon & Keynote Presentation: Big Brother vs. Your Constitutional Rights

Nicholas V. Chen
Managing Partner, Pamir Law Group

Chandra Bhatnagar
Senior Staff Attorney, Human Rights Program, American Civil Liberties Union

1:00 pm-2:10 pm Big Brother Goes International: What this Mean to International Practitioners and the World

The U.S. government’s NSA global spying programs on foreign citizens, including foreign governments, diplomats and heads of state by issuing secret orders or tapping into major internet networks without authorization violates multiple foreign statutes and treaties including the Universal Declaration of Human Rights.  Nation states are obligated to respect other states and their applicable national laws, international laws, practices, customs and norms.  History instructs that when authoritarian governments violate these boundaries, the result is war between states and crimes against humanity. The panelists will discuss the international legal considerations to prevent unfettered governmental violation of human rights and rule of law.  In addition, topics such as the International Covenant on Civil and Political Rights (ICCPR) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) will also be discussed.

Program Chair & Moderator:
Nicholas V. Chen
Managing Partner, Pamir Law Group

Chandra Bhatnagar
Senior Staff Attorney, Human Rights Program, American Civil Liberties Union

David J. Gottlieb
Professor of Law, The University of Kansas School of Law

Mark S. Zaid
Managing Partner, Law Office of Mark S. Zaid, P.C.

2:20 pm-3:30 pm Cloud Computing—What Laws and Regulations are Applicable and How Are They Relevant to You

Increasingly, organizations store data globally—on premises and in the cloud.  Yet, the laws that govern jurisdiction over data are inconsistent.  Sometimes, multiple governments claim jurisdiction over the same data.  In addition, treaties and trade policies also affect large data storage, processing and flow.  The legal regime affecting cloud computing is relevant to you whether you are an in-house lawyer or outside counsel for off-shoring or outsourcing IT services, complying with privacy and other regulations that governs the types of data that are stored in the cloud, or for a cloud company that needs to understand legal areas applicable to the provisions. The program will examine four categories of cloud regulations; Treaty Law and Trade Policy, Privacy Regulations, Cyber security and Law Enforcement Access, Conduit Immunity.

Program Chair & Moderator:
Grace Parke Fremlin
Partner, Steptoe & Johnson LLP

James Derry
Associate General Counsel, Chief Intellectual Property Officer, Arbitron Inc.

Markham Cho Erickson
Partner, Steptoe & Johnson LLP

3:40 pm-4:50 pm Crowdfunding Goes Global

This program is a collaboration between the NAPABA Entertainment Law Committee and the NAPABA International Committee. This program will explore the current state of crowdfunding around the world and the legal issues that arise from the most common crowdfunding models.  In particular, we will discuss: (i) types of crowdfunding and the benefits/pitfalls of each; (ii) the current regulatory position of the SEC and other foreign regulatory bodies, including an overview of current and proposed regulations and their implications; (iii) crowdfunding projects in countries all around the world and the vulnerability of crowdfunding to fraud, (iv) using crowdfunding to launch and maintain IP litigation defenses and (v) local crowdfunding for supporting civic projects. Lawyers from a wide range of practice areas will benefit from understanding the current legal issues surrounding crowdfunding, especially those representing small to large businesses, including international corporations, who are considering using crowdfunding to raise capital or who are considering contributing to projects which are relying on crowdfunding.

Program Chair & Moderator:
Jason Leung
Director, Ridout & Maybee LLP

Christopher Hope
Associate, Cassels Brock & Blackwell LLP

Smeeta Ramarathnam
Chief of Staff to Commissioner Luis Aguilar, U.S. Securities & Exchange Commission

Jase Wilson
Chief Executive Officer,

5:00 PM-6:00 PM International Law Symposium Reception

8:00 PM-10:00 PM International Law Symposium Dinner (advance registration required)

Jack Stack Barbecue (Freight House Location), 101 W 22nd St., Kansas City, MO

There is limited seating based on a first-come first-served basis with online registration. To confirm a seat at the dinner, please make sure to include the International Law Symposium Dinner when registering for the convention. There is limited complimentary seating for in-house counsel for advance online registration.

In addition to the Symposium, the NAPABA International Committee offers three additional practical and informative programs during the main Convention.

Bright Lights, Big Pharma

This program will explore and provide practical advice on key legal issues currently facing the pharmaceutical industry: (i) patent infringement and validation actions; (ii) pharmaceutical fraud including off-label promotions; and (iii) biosimilars.  Even though only 15% of approved drugs generate enough revenue to cover their own developmental costs, global spending on pharmaceutical research and investment has increased to over $60 billion per year.  The average costs for discovering, developing and launching a new drug now exceeds $1.7 billion.  However, the rewards for discovering a blockbuster drug are even higher.  Over $600 billion of revenue is generated worldwide from prescription drugs every year, with the United States, the European Union and Japan being the biggest spenders.  Pfizer’s cholesterol drug, Lipitor, alone has annual sales over $12 billion worldwide. Pharmaceutical companies must navigate through many different laws and regulations in multiple jurisdictions regarding patenting, testing to ensure safety and efficacy, and marketing.  With billions of dollars at stake, it is no surprise that few industries see more litigation.  Significant areas of pharmaceutical litigation include patent infringement and validity actions, pharmaceutical fraud such as off-label promotions, and product liability class actions.

Transfer Pricing, Tax Planning & Enforcement:  Preparing Multinational Corporations for Shifts in MOmentum

To achieve a competitive worldwide effective tax rate, multinational corporations needs to stay on top of the latest tax laws and treaties, regulatory policies, and changing political landscapes across the globe. In the US, a focused and better-resourced IRS is turning up the heat on multinational companies which have allegedly avoided billions of US tax dollars through transfer pricing and other tax minimization practices.  US officials contend that these companies book intra-company transactions which shift profits and intellectual property assets to foreign subsidiaries in low tax jurisdictions; use repatriation techniques, such as the use of intra-company loans, to avoid US taxes; and exploit certain accounting reporting requirements for foreign earnings to hold money offshore.  US officials admit that transfer pricing and tax minimization practices might comply with the letter of the law, but violate its spirit, thereby making it a target for tax reform.  US tax treaty partners are themselves becoming more assertive in transfer pricing cases, increasing the caseload of foreign-initiated adjustments and creating questions of jurisdiction and competitive enforcement environments. The IRS, the Organization for Economic Cooperation and Development, and foreign tax authorities in the UK, Australia, and the Netherlands,  however, are shifting away from the traditionally time-consuming and costly adversarial process to one which is supposed to be more collaborative and interactive.   They are adopting new initiatives and tools such as cross-border audits and greater use of pre- and post-filing resolution processes with the objective of providing benefits to those who pursue less risky tax strategies.

Lessons From the Dupont v. Kolon Trade Secret Litigation

For many companies, their intangible assets—trade secrets and corporate know-how—are what gives them their edge over their business competitors. Recently, however, the risk of having trade secrets stolen or leaked has grown as both workforces and information has become more mobile. Information is increasingly digital in form and easily published or purloined: sent by e-mail; revealed on a blog; removed on a CD, DVD, or USB drive; or photographed with a digital camera or cellphone by departing employees, contractors, vendors, consultants, and licensees. The past few years has been remarkable for trade secrets law.  Among other things, the $920 million damages award in DuPont v. Kolon emphasized the importance and value of trade secrets, and the dire consequences of being found to have misappropriated a competitor’s trade secrets. The proposed presentation will analyze the recent Dupont v. Kolon  case to derive helpful “Dos and Donts” for litigators involved in trade secret misappropriation cases. The presentation also will examine why only Kolon was sanctioned for spoliation of evidence, even though both sides showed that the other intentionally destroyed relevant evidence.

NAPABA International Committee Co-Chairs

Nicholas V. Chen, Managing Partner, Pamir Law Group (Taipei, Taiwan)

Cedric C. Chao, Partner, Morrison & Foerster (San Francisco, CA)

Grace Parke Fremlin, Partner, Steptoe & Johnson (Washington, DC)

Marvin A. Liang, Associate, Jones Day (Washington, DC)

Phillip F. Shinn, Foreign Attorney, Kim & Chang (Seoul, Korea)

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