November 11th, 2009

Day 2

7:15 AM - 8:00 AM
Room: 2033

Breakfast

8:00 AM - 9:30 AM
Room: 2049

Presentation and Discussion - "Import-Export Compliance"

Presenters

• 

  Joan Koenig

  Counsel, Drinker Biddle & Reath LLP
• 

  Kathleen Murphy

  Partner, Drinker Biddle & Reath LLP

Imports:

• Should your company serve as the Importer of Record?  What are the pros and cons?
• What is the role of the customs broker?  How much and what type of responsibility can be outsourced to a third party?
• What are common internal reporting structures for the trade compliance function?  What works and what doesn't and why?
• What are the U.S. requirements for country of origin marking (Customs and Federal Trade Commission perspectives)?
• What are the basic import compliance concerns that confront in-house counsel (lack of internal controls, tariff classification, valuation and related-party transactions, use of Free Trade Agreements, etc.)?

Exports:

• What are the non-U.S. aspects of country of origin marking (particularly any sort of USA marking)?
• What are some FCPA enforcement trigger points (where the activities of agents, distributors, etc. outside the U.S. can result in liability for U.S. exporter, even in a non-agent situation)?
• What are the basic export compliance concerns that confront in-house counsel (classification of products and resulting controls, end-use/end-user controls, embargoes and sanctions)?
• What are the key export reporting requirements (who is responsible for filing data with Census)?

9:30 AM - 9:45 AM

Break

9:45 AM - 11:15 AM
Room: 2049

Presentation and Discussion - "Update on E-Discovery"

Presenters

• 

  Brent Kidwell

  Partner, Jenner and Block
• 

  Michael Lowman

  Partner, Jenner and Block

Litigation attorneys from Jenner and Block will give their perspective on what a litigator is looking for and what they expect an organization to provide to win a case.

Brent Kidwell and Michael Lowman have been asked to return to go over what is new in E-discovery.  They will touch on:

• Refresher of the e-discovery process and challenges to businesses
• The new Federal Rule of Evidence 502 regarding privilege issues and its impact on e-discovery
• Overview of the law regarding the roles outside/inside counsel in document collection and preservation (Qualcomm decision)
• New developments in the use of search terms and other culling methods to reduce the volume of electronic data
• Update on the "reasonable accessibility" standard the need to preserve and produce backup tapes
• Highlights of recent sanctions cases ("what not to do")

11:15 AM - 11:45 AM

Break/Checkout

11:45 AM - 12:45 PM
Room: 2049

Lunch

12:45 PM - 2:00 PM
Room: 2049

Presentation and Discussion - "Credit Strategies to Maximize Your Claims Recovery"

Presenters

• 

  Larry Parres

  Member, Lewis, Rice & Fingersh, L.C
• 

  Winthrop Reed, III

  Member, Lewis Rice & Fingersh, L.C.
• 

  Joseph Trad

  Member, Lewis Rice & Fingersh, L.C.

This is a session that will deal with Creditor Rights in Bankruptcy.  How do you protect your company?  What are the issues with suppliers and with Customers?   The session will cover how you deal with supplier rebates in a bankruptcy proceedings , 503(b)(9) claims, reclamation claims and executory contract issues.  The session will begin with a presentation from Lewis Rice & Fingersh and will continue with a group discussion. 

Please be prepared to discuss this topic.

2:00 PM - 2:30 PM
Room: 2049

Group Discussion to Set Agenda for Next Meeting Which is on April 13-14, 2010

2:30 PM

Adjourn