M E M O R A N D U M. Adam Farlow, Liaison Officer; Ingrid Busson, Deputy Liaison Officer; Ted Carroll, International Projects Coordinator

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1 M E M O R A N D U M TO: FROM: Administration Committee Adam Farlow, Liaison Officer; Ingrid Busson, Deputy Liaison Officer; Ted Carroll, International Projects Coordinator DATE: Thursday, July 18, 2013 RE: Liaison Report General Section Matters: Agreements with Bar Associations and Outside Organizations: We held several meetings to re-sign expiring MOUs and discuss future collaboration with outside organizations during the Section s Spring Meeting in Washington, DC. Leadership meetings were held with, among others, the Korean Bar Association, the Law Society of England and Wales, the Canadian Bar Association, LAWASIA, the National Bar Association, the State Bar of California, and the Inter-American Bar Association, among other meetings. We also hosted a SILF delegation for a meeting that included dialogue and exchange of views on ways to encourage further cooperation on between American and Indian lawyers. The meeting was attended by SILF leaders as well as ABA President Laurel Bellows and President-Elect Jim Silkenat among others. Distinguished Guest Programming and International ABA Entities Meeting at the Annual Meeting in August At the Annual Meeting, we will be hosting Distinguished Guests (and their guests). The DG Dinner is scheduled for Thursday, August 8, at 7:00pm at the Palace Hotel. The DG Breakfast will be on Friday, August 9, at 7:30am at the Hotel Nikko, and will be followed by the Round Table program starting at 9:00am. We are reaching out to the DGs to finalize a list of topics for discussion. We are also planning to bring as many of the international-facing committees of other ABA entities (Section, Divisions, Fora, etc.) together in order to discuss collaboration and to understand where in their programming they have integrated international components. We have sent a survey to submit to the various entities to ask about their international activities ahead of the meeting. The meeting will be held at the Hotel Nikko on Thursday, August 8, from 3:30-5:00pm. 1

2 At the Annual Meeting in San Francisco, we are scheduling a meeting with AIJA leadership to renew our MOU. Updated Global Bar Associations World Map: The Section Staff and interns have updated the Global Bar Associations World Map with current contact and leadership information for over 100 bar associations. The map serves as a resource for ILEX and IBLD trips, joint programs, and coordination at our Seasonal Meetings. Throughout the coming months, Section staff will work to include events, leadership changes, and other useful information on as many bars as possible. You can view the new map at r_associations.html Liaison Reports We received reports from over 30 of our liaisons last quarter. Highlights include: ABA Entities: AIDS Coordinating Committee (Lane Porter): Lane attended the AIDS Coordinating Committee staff discussions at the ABA Center for Human Rights Summit II. Lane will also be attending the ABA AIDS Coordinating Committee Sixth Biannual HIV/AIDS Law and Practice Conference on July 19-21, 2012, at the Renaissance Hotel in Washington, DC, immediately preceding the XIX International AIDS Conference in DC. Conference topics and participants will be multi-disciplinary and reflect both domestic and international issues in HIV/AIDS-related law, policy, and practice. Family Law Section (Melissa Kucinski) Melissa noted that the Family Law Section has agreed to co-sponsor the Section s R&R on encouraging a judicial network and, as of June 13, 2013, has agreed to co-sponsor the Section s Seattle 2014 stand alone program on international family law. Other possible planned activities include joint webinars and future R&R s. Commission on Disability Rights (Randy Howe) Randy noted the Summer 2013 Commission Meeting will be held in conjunction with the 2013 ABA Annual Meeting from August 8 through 12 in San Francisco. Randy outlined that the Commission would be hosting an ABA Diversity Booth, a panel on Professional Responsibility in Representing Persons with Diminished Capacity and Disabilities, a Commission business meeting, and a reception for lawyers with disabilities during the Annual Meeting. 2

3 Labor and Employment Law Section (Alan Koral) Alan met and had lunch with the co-chair of the Labor and Employment Law Section s Committee on International Labor and Employment Law, Wendi Lazar. Alan stated that they had a productive conversation and agreed to notify one another of their respective Committee programs and activities. Alan reported that they publicized the Committee s program in Rome, as well as publicized the Section s activities at the Spring Meeting in Washington. It is their plan to continue these exchanges. Commission on Youth at Risk (Karen Mathis) Karen highlighted the events YAR is sponsoring during the ABA Annual Meeting in San Francisco. While Karen will not be in attendance in San Francisco, the YAR is holding their business meeting, Children s Breakfast and Girls in the Court System education program on Sunday, August 11. The Commission has invited local youth organizations including Youth Law Center, National Center for Youth Law, and National Council on Crime and Delinquency. Government and Public Sector Lawyers Division (Gilda I. Mariani) Jill reported that she will attend the GPSLD Council meeting on August 10, 2013 at the ABA annual meeting. At that Council meeting she will be reporting to GPSLD on resolution number 107B, and recommending that GPSLD co-sponsor this resolution. Resolution 107B, supported by ABASIL, seeks to establish a network of judges as a resource to assist in the interpretation and application of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. She is also encouraging the Section to join with GPSLD in a collaborating with the Tort Trial and Insurance Practice Section ( TIPS ) in an Educational Awareness Project. This project addresses students not completing school, the decline in student enrollment for a law degree, and an identification of career options for law students. The project will focus on middle school, high school and first year law students. The project is being spearheaded by the TIPS Public Relations Committee, of which she is the current chair. Individual Rights & Responsibilities Section (Rebecca Farrar) Becky noted that the IHRC is developing a series of teleconferences on drones. The first focuses on international and domestic use of drones in the international arena but we are also brainstorming two additional teleconferences on use of drones domestically and use of drones for non-military or security reasons (scientific uses, human rights uses, etc.). She reached out to Section Chair Steve Wermiel recently to see if IR&R would be interested in working with us on the second teleconference. He expressed interest She has asked for specific individuals or committees IHRC should contact. International Models Project on Women s Rights (Stephanie Williams) Stephanie reported that she attended the IMPOWR Leadership monthly calls and a joint call between IMPOWR and the International Human Rights Committee regarding Human 3

4 Rights Lobby Day. While she was unable to attend the ABA SIL Spring meeting in person, she reported that members of the IMPOWR Task Force attended and participated in various programs and meetings. Stephanie noted that the IMPOWR Social Media Committee provided social medial support for the IHRC 1 st ABA Human Rights Lobby Day. IMPOWR is also working with the Africa Law Committee to put together a series of webinars on land rights, possibly involving input from Landesa and World Bank Women, Business and the Law. IMPOWR was also awarded the Puget Sound Association of Phi Beta Kappa s 2013 Pathfinder Award. Stephanie recommends a series annual committees/sections leadership conference calls where at least one representative from each committee or section is present. President s Human Trafficking Task Force (Stephanie Williams) Stephanie attended meetings for the Human Trafficking TF on May 1, June 19, and June 21. During the June 20 Human Trafficking TF members discussed the release of the new Human Trafficking PSA produced by GG Films. Stephanie recounted that there were talks with Richard Gere about starring in the PSA; however nothing has been confirmed. Stephanie noted that the Task Force members received a final updated proposed draft copy of the Uniform Act on the Prevention of and Remedies for Human Trafficking (UPRHT), which will be presented to the National Uniform State Law Commissioners for an up or down vote 6 July -12 July In addition, Stephanie reported that the video Voices for Victims: Lawyers Against Human Trafficking is a finalist for an award from the American Business Awards. Stephanie recommends a series annual committees/sections leadership conference calls where at least one representative from each committee or section is present. Section of Business Law (Caryl Ben Basat) Caryl reported that Alan Gutterman, a SIL member and former Co-Chair of the International Commercial Transactions, Franchising and Distribution Committee spearheaded an effort to propose a joint SIL Business Law program for the ABA Annual Meeting. The topic ultimately approved was Internet Governance: What it is, Where it s Going and What it Means for Your Clients. The program will be presented from 8:30 a.m. to 10:00 a.m. on Friday, August 9 in Room 3008, Third Floor at Moscone Center West. It is a relevant topic with a great panel. However, the time slot may present a challenge for some SIL members, since those attending the leadership retreat in Sausalito will be arriving by bus in San Francisco after the program has already begun. She also noted that the Business Law Section has four substantive international law committees International Business Law, International Commercial Law, International Developments and International Use of U.S. Business Entities. She is a member of all four, but so far as she can tell the only one that has recently been active is the International Business Law Committee. The Chair-Elect, Larry Graves, is a SIL member who has been active in the International Commercial Transactions, Franchising and Distribution Committee. She met with Larry in April of 2013 to discuss ways SIL and the Business Law Section can collaborate. Larry is committed to the concept of collaboration and offered to introduce me to the Chair of the International Coordinating Committee, an Administrative Committee of the Business Law Section that has not been very active either but does have a meeting scheduled for Friday afternoon, August 9 at the ABA Annual Meeting. She plans to attend that meeting. 4

5 Section of Environment, Energy and Resources ( SEER ) (Caryl Ben Basat) Caryl noted that Roger Stark, the Co-Chair of RADAR, was the Moderator for their IENR Committee s successful program entitled Renewable Energy Around the World: An Entrepreneur s Windfall or Big Solar Flare? at the 2013 SIL Spring Meeting in D.C. Roger has proposed a follow-on program with the same speakers for SEER s Spring 2014 Meeting entitled Cross-Border Trifecta: Legal Solutions to Renewable Energy, Corporate Social Responsibility and Dry Powder Challenges. If it is accepted he would like our IENR Committee to co-sponsor the program. Also, the IENR Committee s fracking book proposal, described in a previous Liaison Quarterly Report, is on hold for the time being. In the meantime, SEER has spearheaded the development of an ad hoc Sustainability Subcommittee with members from seven different ABA Sections, Divisions and Forums interested in environment, energy and natural resource issues. SIL is actively involved in this Subcommittee. Two webinar proposals have been developed and speakers have been identified. One is entitled Federal Sustainable Energy Law Practice Primer: Understanding the Basics and the other is Numeric Nutrient Criteria for Water Discharges Recent Federal, State and Court Developments. The energy law program is likely to be presented first. If it is successful, our IENR Committee may want to develop an international followon program. The same goes for the waste water program and our International Environmental Law Committee. Tort Trial & Insurance Practice Section (Perry Granof) Perry reported that in addition to the international activities coming directly from the TIPS International Committee, TIPS is in the process of putting together a webinar on "Civility in Cross Border Negotiations" which will discuss cross culture etiquette and behavior perceptions in foreign countries by those engaged in negotiating deals with attorney from distinct cultural perspectives. The webinar is scheduled for July 18, 2013, and will begin at 10:00 AM EDT. The panel will include Dick Semerdjian, the current Chair of TIPS; Austin Lafferty, a Scottish solicitor, Gilda I. Mariani Chief, Money Laundering &Tax Crimes Unit, New York County District Attorney's Office; and Perry Granof, an international legal insurance consultant. Outside Entities: American Branch of the International Law Association (John Noyes) John reported that the Branch is sponsoring International Law Weekend Midwest scheduled for September 19-21, 2013 at Washington University Law School in St. Louis. The Branch s annual three-day conference held in conjunction with its annual meeting will take place October in New York City as a part of International Law Weekend The American Branch will host the ILA s 76th biennial conference in Washington, D.C., on April 7-12, 2014, in conjunction with the annual meeting of the American Society of International Law. 5

6 Association of International Petroleum Negotiators (AIPN) (Bellanne M. Toren) Belle reported that she is now actively working with Cyril Vock at Total regarding ABA SIL programs the AIPN may wish to endorse to allow for AIPN members to attend at ABA member rates and AIPN events that ABA members can also attend. During the 4thQ/2012 the AIPN agreed to repeat as a cooperating entity for ABA Section of International Law and the Israel Bar Association Joint Conference on May 25-29, She continues to coordinate with Section staff on SIL ABA programs for AIPN endorsement by Cyril Vock at Total. She will work with Guly Sabahi, who is submitting a program on oil and gas investments in Africa for the next Spring Meeting and would like to have it endorsed by the AIPN. She will try to put together a joint team between IENRC and AIPN members to work on a standalone shale gas workshop or conference to be offered jointly by the ABA SIL and AIPN. Buenos Aires City Chapter (BACC) (Vanesa Balda and Pablo Ferraro Mila) Vanesa and Pablo reported that the BACC organized events involving a wide variety of topics and distinguished speakers to promote the Section. On April 17, they hosted a lunch with Nelson Castro, a well known and fully respected journalist specialized in political issues. On June 10, 2013 they hosted a lunch with Jorge Yoma, national deputy and current president of the Justice Commission at the Federal Chamber of Deputies. In both events, they invited SIL members and many legal professionals that were not part of the Section. Colegio de Abogados de Puerto Rico (Eugenio Geigel) Eugenio noted that while the annual conference is already set up he does hope to have the opportunity to meet with the organizers and plan for Also, the Colegio s publications may well be another avenue to explore potential joint activities. A CLE program can also be discussed. Council of Bars and Law Societies of Europe (CCBE) (Aaron Schildhaus) Aaron reported that he is in constant contact with the CCBE on various topics, and has facilitated ongoing communications with a number of our committees and leaders - Europe Committee, Money laundering, anti-corruption, transnational practice, etc. CCBE does not normally lend its name to programs or act as a cooperating entity, but it often sends its Secretary General, Jonathan Goldsmith, or its current or future (sometimes past) presidents to ABA annual meeting and our seasonal meetings, particularly when they are held in Europe. Last year, Marcella Prunbauer, then President of the CCBE, came to Chicago for the Annual Meeting. Next year's president of the CCBE is a good friend, Aldo Bulgarelli. He attended our Eilat meeting in May. Goldsmith will attend in San Francisco, as he expects will some of its presidents, and perhaps Aldo again, as well. DC Bar International Law Section (Earl McLaren) 6

7 Earl reported that the Section has expressed interest in working with SIL on future joint programs and events with the ABA s continued participation in the Steering Committee and other committee involvement. European Law Student Association (Thomas "Wayde" Pittman) Wayde noted that he has continued correspondence with ELSA in regards to organizing a summer school program in the U.S. for ELSA students. They are also working to determine how to get more U.S. firms or organizations active in accepting students under the Students Traineeship Exchange Program. ELSA is also interested in arranging SIL contact for when they visit the U.S. as a delegation in New York, especially if local SIL members are available to meet. He also reported that if there is ever a SIL Fall meeting in Brussels, ELSA would be happy to put their resources to use in carrying it out. Greek Bar Association (George Kounoupis) George noted that after speaking with Adam Farlow and Steve Richman, he is trying to put together a Stand - Alone program in Athens Greece. He has been in touch with the USLAC Committee leadership, the American-Hellenic Chamber of Commerce and prominent Greek Bar members. He met with them in New York on June 5, 2013 (at the Athens Stock Exchange Road Show) He will be meeting with them in Greece this July. The proposal program will be along the lines of Inefficiencies of the Greek legal system and the Financial Crisis and will be comparative in nature. He is also working on putting together a Friendship Agreement with the Section. Hispanic National Bar Association (Marcelo Bombau) Marcelo noted that an was sent out to HNBA President, Mr Peter Reyes informing him and requesting that he inform HNBA Membership of the Publication and Policy opportunities that are available for HNBA members at SIL level. A formal invitation was sent out to Mr. Peter Reyes as HNBA President to attend SIL 2013 Spring Meeting in DC with the comp registration or to appoint a representative. A formal invitation was also sent out to Mr. Peter Reyes as HNBA President to invite HNBA members to submit programs for upcoming SIL Fall Meeting in London. This invitation was published in the monthly HNBA digital publication e-noticias. An invitation to the Distinguished Guest dinner in San Francisco was also sent out to Mr. Peter Reyes as HNBA President. An was sent out to HNBA past, present and future leadership requesting that they identify a new liaison for HNBA SIL relationship. ICC (David Crane) David reported that he has met several times with the President, Judge Song, to discuss the future of the ICC as well as the initiative by Michael Greco on assisting the ICC with training. He also reported meeting with the Prosecutor, Fatou Bensouda to discuss issues related to Africa. He has met with the President of the ASP, to discuss a project he has 7

8 begun in building a training course for new judges entitled "Judging at the International Level". Inter-American Bar Association (Tony Santos) Tony reported that the IABA recently held its annual meeting in Paraguay this past June. The key topics of interest included the strengthening of the IABA s current financial condition, the election of a new Executive Committee and various other officers, and the selection of several cities for upcoming Annual Meetings and semi-annual Council Meetings. He also noted that a Memorandum of Understanding between the IABA and the ABA was signed during the conference. International Municipal Lawyers Association (Ben Griffith) Ben reported that he, along with IMLA s Executive Director and General Counsel Chuck Thompson, participated in the Legislative Fellows Outbound Program of the American Councils for International Education in Kiev and Lviv, Ukraine from May 29 to June 6, The IMLA representatives were able to engage in a constructive dialogue with their Ukrainian colleagues to provide a genuinely diverse perspective of the issues relating to the role of Civil Service Organizations. They also made significant progress in a formal meeting with the head of the Union of Lawyers of Ukraine that may lead to establishing a Ukrainian Municipal Attorneys organization similar in many respects to the International Municipal Lawyers Association. International Trademark Association (Bruce McDonald) Bruce reported that there is an initiative that the Section may be interested in on a proposal for amendments to Fed.R.Civ.P. 4 and the Hague Treaty to allow for the electronic service of judicial documents on fictitious and anonymous websites. Inter-Pacific Bar Association (IPBA) (Malcolm McNeil) Malcolm reported that the IPBA expressed interest in working with the ABA SIL on joint programs and events. The IPBA invited ABA President Laurel Bellows to attend the Annual Meeting in Seoul in April. Israel Bar Association (Aaron Schildhaus and Eric Sherby) Aaron reported that in late May, President-elect Jim Silkenat led an ILEX delegation to Tel Aviv and Jerusalem immediately preceding the Eilat Joint Conference. Both liaisons, Eric and Aaron, were on the ILEX organizing committee. The programming on the trip was considered to be superb. The following week, the fourth consecutive annual Joint Conference between the Section and the Israeli Bar Association took place in Eilat, Israel. The Section put on eight substantive CLE programs, all of which, on the basis of extensive feedback from the participants, were considered to be of excellent quality. JAMS International (Earl McLaren) 8

9 Earl noted that with continued correspondence with Lorraine Brennan at JAMS, SIL can collaborate on JAMS outreach activities overseas, particularly in Europe and the Far East. Korean Bar Association (Chunghwan Choi) Chunghwan reported that the KBA has established a mentoring program for senior attorneys (mentors) to share much of their legal experiences and know-how regarding matters of international affairs to young legal professionals who are interested in being involved internationally through a bus tour together. In order to develop the visions of young and potential attorneys and to strengthen their international competitiveness, since January of 2013 until the present, the bus tour was held open twice, having had many young attorneys, students from the Judicial Research and Training Institute, and law school students participating in the mentor program. National Association of the Romanian Bars (Cristina Arhire) Cristina noted that she is looking into possible teleconferences with the Center for Constitutional Law and Political Institutions, Faculty of Law, University of Bucharest. New Zealand Law Society (Yee Wah Chin) Yee Wah noted that The Law Society advised the United Nations Human Rights Council that mechanisms protecting human rights in New Zealand would benefit from further strengthening, in a submission to the Council for the second Universal Periodic Review of New Zealand s human rights record. In addition, a new President, Chris Moore of Auckland, took office on April 19, She has discussed with NZLS the possibility of regular communications regarding legal issues in which the Section might be able to submit comments, such as competition law. Nigerian Bar Association (NBA) (Olufunmi Oluyede) Funmi is currently brainstorming with NBA Vice President O.J. Erhabor and discussing the possibility of a program proposal to be submitted for the 2014 New York Spring Meeting - under the auspices of the NGO & Not-for-Profits Org. Committee and/or Int l Human Rights Committee. Secretary of State s Advisory Committee on Private International (David Stewart, Philip Schwartz, and Delissa A. ( Lisa ) Ridgway ) David, Philip, and Lisa noted that the Section (through, among others, Melissa Kucinski, and the Co-Chairs of the International Judicial Affairs Committee, Hon. Louraine Arkfeld and Hon. Delissa A. Ridgway, as well as the Judicial Division s Liaison to the Section of International Law, Hon. Ramona See) continues to confer informally with Acting Assistant Legal Advisor Michael S. Coffee, in the Office of Private International Law, concerning the Section s proposed Report and Recommendation (i.e., resolution) expressing support for the 9

10 development of a nationwide judicial network to facilitate U.S. implementation of the Hague Convention on the Civil Aspects of International Child Abduction. Uniform Law Commission - Study Group on Article 36 of the Vienna Convention on Consular Relations (David Stewart) David reported that the ULC will shortly determine whether to establish a formal drafting group to prepare draft uniform or model state legislation to implement the Vienna Convention of Consular Relations consular notification requirements. The Study Committee, which has been considering this question, is recommending in favor of such a drafting group. The ULC s leadership will consider that recommendation when they meet at the ULC Annual Meeting early in July. He also noted that the current version of the FY13 foreign ops appropriation bill contains a revision of Sen. Leahy s recent proposal for federal legislation; its prospects are uncertain. United States Court of International Trade (Lawrence Friedman) Lawrence reported that he attended several events during the quarter. The Court of International Trade hosted a CLE event sponsored by the Federal Circuit and Customs and International Trade bar associations on March 21 and the Court s Advisory Committee on Rules met on May 15. Also, President Obama nominated and the Senate approved two new judges to the Court of International Trade: Mark Barnett, formerly counsel to the Department of Commerce, and Claire Kelly, formerly a professor at Brooklyn Law School. He also noted that the CITBA continues to work on a legislative proposal. U.S. Virgin Islands Bar (Eugenio Geigel) Eugenio reported that during the mid-year conference, he had the opportunity to discuss with the V.I. Bar president, attorney Morris the possibility of entertaining a program in conjunction with the Section, he indicated he would be interested and referred him to the committee on CLE. Hopefully we can follow up on this initiative. World Jurist Association (Ben Griffith) Ben noted that the WJA held its Conference on Global Economy and the Rule of Law in a Changing World on June 23-26, 2013, in Jerusalem and Tel-Aviv. There, legal professionals from various countries around the world met in Israel to discuss topics relating to the global economy and the rule of law. 10