Thursday, February 26
Registration and Continental Breakfast
Sponsored by Mayer Brown LLP
Welcome and Overview
Lawrence J. Center, Assistant Dean, Georgetown Law
Keynote Address: U.S. Trade Policy for 2015: Priorities & Challenges
Speaker: Timothy Reif, General Counsel, Office of the United States Trade Representative
The Trade Landscape in 2015: TPP, TPA, TTIP & Beyond
In 2015, the only certainty is uncertainty —question marks include TPA and the mandate for further trade negotiations, the nish line for TPP, the ongoing struggle over the future of the WTO, and a post-Doha agenda. Our panel of experts from the policy world and private practice will examine what happened in trade negotiations and trade legislation in 2014, what happens next, and what it means for U.S. policy and trade practice.
Moderator: Viji Rangaswami, Vice President & Federal Affairs Ofcer, Liberty Mutual Insurance
Panelists: Linda Dempsey, Vice President, International Economic Affairs, National Association of Manufacturers; Dorothy Dwoskin, Senior Director, Global Trade Policy and Strategy, Microsoft Corporation; Barbara Weisel, Assistant U.S. Trade Representative, Southeast Asia and the Pacific, Office of the United States Trade Representative
Sponsored by Wiley Rein LLP
11:15 am–12:30 pm
Insiders' Perspective on Trade Facilitation
The new WTO Agreement on Trade Facilitation—when implemented—promises to speed trade and reduce costs across the globe. Countries taking on the agreement agree to customs reform and modernization, new disciplines on fees and penalties, enhanced customs appeal rights, advance rulings and more. Join us as we learn how governments are planning for TFA implementation, and how supply-chain businesses and customs practitioners can take advantage of the opportunities it will create.
Moderator: Paul H. DeLaney III, Kyle House Group
Panelists: Richard Eglin, White & Case LLP; Evelyn M. Suarez, The Suarez Firm
Lunch (on your own)
Under My Ethical Thumb: Legal Ethics à la the Rolling Stones
Are lawyers beasts of burden, to be directed by the client at will? Not so, as revealed by decision-making allocation in Rule 1.2 (and Rule 2.1). Understanding that clients can't always get what they want, we will discuss the need to exercise independent judgment and the duty of candor (Rule 5.4, Rule 3.3, and Professionalism concepts). Don't get caught under your client's thumb—refrain from being in'fluenced by others (Rule 1.8(f)). Has your client acted in an unreasonable or unlawful way? Make a plan for jumping out in a 'flash by recalling the rule on withdrawing from representation (Rule 1.16). Who will you miss when it's time to leave? Review the ethical considerations including con'icts (Rule 1.9., 1.10). Utilize the ethical rules when you need to take shelter—we will analyze the need for pre-Œfiling independent review (Rules 3, and anti-bullying Rules 3.4 and 4.1). Step off? my cloud (computing)—we will consider the latest developments at the intersection of ethics and technology.
Speaker: Stuart Teicher, Teicher Professional Growth, LLC
Sponsored by Covington & Burling LLP
Emerging Trade Remedy Issues in a Global Economy: Implementing Trade Remedy Rulings
Join us for a discussion with leading policy makers and trade remedy experts from Australia, Brazil, Canada, the European Union, and the United States. Panelists will analyze the practical administrative and implementation di?culties that authorities from around the globe currently face due to recent WTO dispute settlement rulings. Their discussion will focus more broadly on issues surrounding the dispute settlement process, the standard of review, and the problems and perceptions of how gaps in the agreements can appropriately fiŒnd meaning.
Moderator: Paul Piquado, Assistant Secretary for Enforcement &Compliance, U.S. Department of Commerce, International Trade Administration
Speakers: Caterina Ardito-Toffolo, Director, Industrial Products, Canada Border Services Agency; Felipe Hees, Director, Department of Commercial Defense (DECOM), Brazil; John D. McInerney, Chief Counsel, Ofce of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce; Dale Seymour, Commissioner, Australia Commission on Anti-Dumping; Gerhard Hannes Welge, Hearing Ofcer for Trade Proceedings, European Commission
Networking Cocktail Reception
Sponsored by Kelley, Drye & Warren, LLP
Friday, February 27
Sponsored by Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
View from the Hill: Congress & Trade Policy in 2015
Veteran Hill trade staff will provide their perspective and predictions on trade issues facing Congress in 2015, including trade and customs legislation, new trade deals, trade agreement implementation, and negotiating authority.
Moderator: Michael Castellano, Vice President of Government Relations, The Walt Disney Company
Panelists: Everett Eissenstat, Chief International Trade Counsel, U.S. Senate Finance Committee; Angela Ellard, Chief Trade Counsel, U.S. House Ways & Means Committee; Jason Kearns, Chief Trade Counsel, U.S. House Ways & Means Committee, Democratic Staff; Jayme White,Chief Advisor on International Competitiveness and Innovation, U.S. Senate Finance Committee
Sponsored by Sidley Austin LLP
A. Customs Retrospective: 2014 (Customs Track)
Join government experts and customs practitioners as they review notable events in customs practice and litigation in the past year, and assess what these events mean for customs practice in 2015.
Moderator: Kathleen Murphy, Drinker Biddle & Reath LLP
Panelists: Sandra L. Bell, Deputy Assistant Commissioner for International Trade, U.S. Customs and Border Protection; Aimee Lee, U.S. Department of Justice; Sarah O'Hare O'Neal, Senior Corporate Counsel, Global Trade Operations, Amazon.com
B. Adverse Facts Available (Trade Track)
Recent trial and appellate court decisions have determined when the Commerce Department may use its power to apply "adverse facts available" (AFA) in trade remedy proceedings, for reasons ranging from non-cooperation to fraud—and how Commerce may calculate AD/CVD margins based on AFA. Experts from the government will join petitioner- and respondent-side practitioners to review these decisions, and their impact on trade remedy investigations and future litigation.
Moderator: Elizabeth J. Drake, Stewart and Stewart
Panelists: Chris Cloutier, King & Spalding; Deen Kaplan, Hogan Lovells US LLP; Josh Kurland, U.S. Department of Justice; Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, U.S. Department of Commerce, International Trade Administration
11:30 am–12:00 pm
Sponsored by White & Case LLP
REFLECTIONS –Twenty years of judicial service.
OUTLOOK –Observations, perceptions and consideration of issues for 2015 and beyond.
Former Chief Judge Donald C. Pogue will reflect on his twenty years of judicial service and offer his observations, perceptions and consideration of issues for 2015 and beyond.
Speaker: Hon. Donald C. Pogue, Former Chief Judge, U.S. Court of International Trade
Interviewer Michael S. O'Rourke, Rode & Qualey
A. Protests and Applications for Further Review: A Three-Way Consideration (Customs Track)
Sit in on a meeting between a client and outside customs counsel, but with Customs listening in and making timely observations, suggestions, and comments. Hear the client describe critical facts, and counsel's probing responses and explanation of how the process works, what should be avoided, potential pitfalls, timing issues, and the impact of both favorable and unfavorable results. Consider Customs' comments and reactions to the client/counsel exchanges, and the choices made.
Moderator: Jeremy Baskin, Customs Penalties, LLC
Panelists: Frank Desiderio, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP; Carrie Owens, Chief, Entry Process & Duty Refunds Branch, Regulations &Rulings, Office of International Trade, U.S. Customs and Border Protection; Robert Shapiro, Thompson Coburn LLP
B. Trade Remedies Retrospective: 2014 (Trade Track)
Trade bar and federal agency experts will review the highlights and lowlights of trade remedies law in 2014-2015. Panelists will examine the effects of continuing litigation on non-market economy antidumping and subsidies issues, consider challenges to cross-cumulation of injury, and identify trends in the coming year.
Moderator: Shara Aranoff, Covington & Burling
Panelists: James Durling, Curtis, Mallet-Prevost, Colt & Mosle LLP; Alan Luberda, Kelley Drye & Warren LLP; Alexander Sverdlov, U.S. Department of Justice
A. "Principal Use" & Classification (Customs Track)
Have tectonic shifts occurred in the bedrock of customs classification? How do we define "principal use?" When does "principal use" apply, and control the customs classification of goods? Our expert panelists will consider the trends represented in GRK Canada v. U.S. and other recent CAFC rulings, and describe their significance for importers and Customs.
Moderator: Lawrence M. Friedman, Barnes, Richardson & Colburn LLP
Panelists: Ieva Karklins O'Rourke, Chief, Tariff Classification and Marking Branch, U.S. Customs and Border Protection; Amy Rubin, U.S. Department of Justice
Commentator: Chief Judge Timothy C. Stanceu, U.S. Court of International Trade
B. Alternative Ways of Ending a Trade Remedy Case (Trade Track)
Trade remedy settlements have been in the news this year—but solar and sugar are not the whole story. Our panelists will explore the full range of strategies available for ending a trade remedy case without an AD/CVD order, including suspension agreements, government-to-government deals, and settlements reached during litigation or administrative reviews.
Moderator: David S. Christy Jr., Perkins Coie LLP
Panelists: Lynn M. Fischer Fox, Deputy Assistant Secretary for Policy & Negotiations, U.S. Department of Commerce; John R. Magnus, President, TradeWins LLC; Joanne Osendarp, Hughes Hubbard & Reed LLP
World Trade Organization: 2014 Year in Review
Our panel—including WTO litigators and a former member of the WTO appellate body—will review key WTO decisions and litigation trends in 2014, and preview upcoming cases on the WTO's crowded docket. Topics analyzed will include trade remedies, subsidies, China rare earths, and other hot issues on trade, regulation and market access.
Moderator: Amy Porges, Law Offices of Amelia Porges PLLC
Panelists: Jennifer Hillman, Cassidy Levy Kent LLP, Visiting Professor, Georgetown University Law Center; William Isasi, Senior Counsel, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce; Iain Sandford, Sidley Austin LLP
= Session will be available for Webcast via InReach