Thursday, February 27
Registration and Continental Breakfast
Sponsored by Covington & Burling LLP
Welcome and Overview
Lawrence J. Center, Assistant Dean, Georgetown Law
Keynote Presentation: Perspectives on the Past and Future of the World Trading System
A Conversation with Professor John H. Jackson
Speaker: Professor John H. Jackson, Georgetown Law
Discussant: Grant Aldonas, Split Rock International, Inc.
Customs Enforcement—or Nonenforcement—of Intellectual Property Rights at the Border
Experts from CBP, the U.S. International Trade Commission, and intellectual property rights owners will examine the current and future state of CBP enforcement of IPR at the border, exploring (1) the U.S. Court of International Trade’s decision in Corning Gilbert v. United States; (2) the Microsoft v. United States litigation challenging CBP’s IPR enforcement; and (3) the policy debate initiated in 2013 concerning the relative roles of CBP and the ITC in enforcement of Section 337 exclusion orders.
Moderator: Jeffrey M. Telep, King & Spalding
Panelists: R. Brian Burke, Rode & Qualey; Richard F. DiNucci, U.S. Customs and Border Protection; Alexander Niejelow, U.S. Intellectual Property Enforcement; Dean A. Pinkert, U.S. International Trade Commission
Sponsored by Mayer Brown LLP
11:00 am–12:30 pm
Emerging Trade Remedy Issues Around the World
Join us for an exceptional session, led by Jan Woznowski, former director of the WTO’s Rules Division, as leading policy makers in the trade remedy authorities of Australia, Brazil, Canada, the EU, and the United States discuss their successes and frustrations in implementing trade remedies, recent domestic legal and regulatory developments, WTO cases and initiatives, nonmarket and transitional economies, and other key issues facing trade remedy authorities in 2014 and the years to come.
Moderator: Jan Woznowski, Former Director, Rules Division, GATT and WTO Secretariats
Panelists: Serge Fréchette, Canadian International Trade Tribunal; Felipe Hees, Departamento de Defesa Comercial (DECOM); Paul Piquado, U.S. Department of Commerce; Gerhard Hannes Welge, DG Trade – Trade Defence, European Commission
Lunch (on your own)
The Ethical Three C’s Can Be a Breeze: Candor, Conflicts, and Confidentiality
Whether it’s the challenge of being truthful when answering official questionnaires, the duty to keep client information confidential, or evaluating conflicts and understanding the differences for government lawyers, the three C’s of Candor, Conflicts, and Confidentiality are all critical ethics topics facing international trade lawyers today. Learn the Fab 5 of Attorney Lies (Rule 8.1, 3.3, 4.1, 7.1, and 8.4). Gain an understanding of the conflicts rules, including 1.7 and 1.9, and explore how far we must go in protecting the confidentiality of client communications. Join Stuart Teicher as he explains how these key concepts rear their head in the international trade practice.
Speaker: Stuart I. Teicher, Law Offices of Stuart I. Teicher, Esq.
Sponsored by Sidley Austin LLP
Participate in a discussion with the Chief Judges of the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of International Trade, and two recently appointed judges of those courts, as they discuss expectations, reality, frustrations, and lessons learned in presiding over trade and customs cases in their respective courts and in interacting with each other.
Moderator: Jeanne Davidson, U.S. Department of Justice
Speakers: Hon. Leo M. Gordon, U.S. Court of International Trade; Hon. Claire R. Kelly, U.S. Court of International Trade; Hon. Donald C. Pogue, Chief Judge, U.S. Court of International Trade; Hon. Randall R. Rader, Chief Judge, U.S. Court of Appeals for the Federal Circuit
Networking Cocktail Reception
Sponsored by Kelley, Drye & Warren, LLP
Friday, February 28
Sponsored by Wiley Rein
What Customs and Trade Lawyers Need to Know about FCPA Compliance and Investigations: Risk Reduction, Practice Tips, and Traps for the Unwary
In an era of increasing anticorruption initiatives around the world, our panel of experts will discuss how to incorporate anticorruption best practices into companies’ global compliance programs. Panelists will address strategies for managing risks inherent in doing business abroad, particularly in emerging markets where growth is highest but corruption risks are significant. They will also address challenges commonly faced by international traders, customs brokers, freight forwarders, transportation companies, and other supply-chain participants. Topics will include the Foreign Corrupt Practices Act (“FCPA”); the DOJ and SEC Resource Guide, and the UK Bribery Act; FCPA investigations involving improper payments to customs officials; the future of the FCPA facilitation payment exception; and due diligence in the M&A context.
Moderator: Evelyn Suarez, Williams Mullen
Panelists: Charles E. Duross, Morrison & Foerster; William B. Jacobson, Weatherford International Ltd.; Frances McLeod, Forensic Risk Alliance; Alexandra Wrage, TRACE International
Sponsored by Akin Gump, LLP
A. Customs I: Year in Review in Customs
Seasoned experts from CBP and the private bar review notable events in customs practice during the last year.
Moderator: Lawrence M. Friedman, Barnes, Richardson & Colburn, LLP
Panelists: Justin Miller, U.S. Department of Justice; Teresa M. Polino, Thompson Coburn LLP; Glen Vereb, U.S. Customs & Border Protection
B. Trade I: Helping Clients Overcome Market Access Problems
Trade and investment agreements provide legal frameworks for businesses to make deci¬sions on where to invest, import and export, and how to respond to threats to market access. They also provide leverage and arguments for lawyers to help clients address tax, customs, standards and regulatory restrictions, failure to enforce IP rules, and other measures that impede the ability to market goods and services abroad. Our group of experts will provide tips and discuss best practices for identifying and resolving market access problems, including engaging with governments and the EU Commission, WTO options (dispute settlement and negotiations), and advocacy based on FTAs or bilateral investment treaties.
Moderator: David S. Christy Jr., Perkins Coie LLP
Panelists: Marinn Carlson, Sidley Austin Ralph Ives, Advanced Medical Technology Association; Matthew R. Nicely, Hughes Hubbard & Reed LLP; Claire Reade, Office of the U.S. Trade Representative
11:30 am–12:00 pm
Boxed Lunch Distribution
Sponsored by White & Case LLP
Luncheon Address: A Conversation with Jan Woznowski on Trade Law, WTO Litigation, and the Future of Trade Remedies
As the longtime Director of the Rules Division in the GATT and WTO secretariats, Jan Woznowski had a ringside seat at the WTO and GATT negotiations on antidumping, subsidies and safeguards rules – and a unique window on the panel process for trade remedy disputes. Join us as he shares his insights on the future of negotiations in the WTO, in particular on trade remedy rules, and the WTO Appellate Body’s jurisprudence in trade remedy disputes.
Speaker: Jan Woznowski, Former Director, Rules Division, GATT and WTO Secretariats
Discussant: Paul C. Rosenthal, Kelley Drye & Warren LLP
A. Customs II: Valuation of Intangibles
In today’s complex world of international trade, one area of increased interest and potential liability lies just below the surface in the valuation of intangibles. These can take many forms, including accounting for the payment of trademarks and royalties, licensing fees, and other indirect payments such as those associated with a myriad of agreements related to the importation of products. Recent rulings issued in the United States and by agencies abroad make for interesting planning opportunities and also create potential pitfalls. The panelists will address these from perspectives gleaned both within CBP and from private practice.
Moderator: William D. Outman II, Baker & McKenzie LLP
Panelists: Yuliya Gulis, U.S. Customs and Border Protection; William M. Methenitis, Ernst & Young; Damon V. Pike, The Pike Law Firm, P.C.
B. Trade II: Year in Review in Trade Remedies Law
Leading practitioners and agency staff will review the leading events and most relevant cases of the past year, including: U.S. Department of Commerce’s (DOC) change in methodology for analyzing targeted dumping, as announced in Xanthan Gum from China; DOC’s new approach to analyzing countervailable subsidies, as seen in the seven-country shrimp case; and developments in antidumping administration.
Moderator: Valerie A. Slater, Akin Gump Strauss Hauer & Feld LLP
Panelists: Timothy C. Brightbill, Wiley Rein LLP; Meredith Broadbent, U.S. International Trade Commission; James Durling, Curtis, Mallet-Prevost, Colt & Mosle LLP; Christian Marsh, U.S. Department of Commerce
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
A. Customs III: Rules of Origin and FTAs
The Trans-Pacific Partnership Agreement – with its wide participation and global reach – will open markets for TPP exports, but bring procedures to certify compliance with the TPP rules of origin. How can TPP governments verify origin, but avoid raising compliance costs so that exporters, importers, and producers can afford to utilize TPP duty rates? Rules of origin will also be an issue in the ongoing EU-U.S. free-trade talks, where the two partners’ existing FTAs sometimes have conflicting approaches to origin procedures. Our panel will discuss the outlook for origin enforcement; similarities and differences between rules of origin and origin procedures in the U.S. and other current and potential FTA partners; and best practices for compliance.
Moderator: Jay L. Eizenstat, McDermott Will & Emery
Panelists: Jason Bernstein, Office of the U.S. Trade Representative; Myles Harmon, U.S. Customs and Border Protection; Gilbert Lee Sandler, Sandler, Travis & Rosenberg, P.A.; Margaret Solinger, Dupont
B. Trade III: Circumvention of AD/CVD Orders—What Is and What Is Not Circumvention, and Enforcement Against It
With the recent increase in concern about circumvention of antidumping and countervailing duty (AD/CVD) orders, counsel to domestic producers, importers, and foreign producers must be able to advise their clients about what does or does not constitute circumvention and how to identify whether it is occurring. This panel will explore recent cases involving circumvention, including allegations of transshipment and minor alteration, and the extent to which they have been resolved by the DOC. The panel will also discuss how circumvention is discovered and how well the agencies responsible for policing such activity – including CBP, and Immigration and Customs Enforcement (ICE) – are working together to enforce AD/CVD orders, whether proactively or in response to court order or congressional mandate.
Moderator: John D. Greenwald, Cassidy Levy Kent LLP
Panelists: Lynn Fischer Fox, U.S. Department of Commerce; Andrew W. Kentz, Picard Kentz & Rowe LLP; Gregory J. Spak, White & Case LLP; Michael B. Walsh, U.S. Department of Homeland Security
Congress and Trade Policy in 2014
Our panel of seasoned Hill staffers will provide their perspectives on the critical issues facing Congress in 2014, including trade agreement implementation and negotiating authority — and provide their predictions for developments this year.
Moderator: William A. Reinsch, National Foreign Trade Council
Panelists: Everett Eissenstat, Committee on Finance, U.S. Senate; Angela Ellard, Committee on Ways & Means, U.S. House of Representatives; Jason Kearns, Committee on Ways & Means, U.S. House of Representatives; Jayme White, Committee on Finance, U.S. Senate