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The World Spins Madly On: Making Sense of the Current State of International Law (2021 International Practice Section Program)

8:55        Welcome and Introductions

9:00        Immigration Law and Policy – Where Do We Go from Here?

Gerard M. Chapman, Chapman Law Firm, Greensboro

What is the future of U.S. immigration law and policy as we know it for the next four years? The Trump administration issued over 400 executive actions, as part of its strategy for restricting U.S. immigration. This presentation explores the statutory, regulatory and policy agendas and what President Biden's first 100 days in office reveal about his immigration objectives and timelines.

10:00      Break

10:10      Practicing International Law in the Digital Age‡

Tandy B. Mathis, Moore & Van Allen PLLC, Charlotte

The pandemic has forced us to change how we practice international law. This session concentrates on e-discovery, privacy, and security issues unique to international law practitioners. Explore how these issues and digital solutions are continuing to evolve as they pertain to cross border protection and transfer of data.

11:10      Break

11:20      International Dispute Resolution and the Singapore Convention

Kurt E. Lindquist, Cozen O'Connor, Washington, DC

Listen and learn the significance of the Singapore Convention, its development and the important Articles of the Convention for practitioners and their clients who are involved in the settlement of international disputes. This session also highlights the requirements for coverage, as well as defenses to recognition and to enforcement under the Convention.

12:20      Lunch Break

12:50      Lessons Learned in the Pandemic as General Counsel of a Global Organization

Monica Boccia, Biesse America Inc., Charlotte

How does general counsel of a multinational company analyze and create policies and processes to manage risk during a global pandemic? From employee quarantines to international travel restrictions to force majeure clauses to remote employment, in house counsel faced unprecedented issues that ran the gamut. This session explores lessons learned and what steps one multinational company's general counsel is taking to prepare for similar future events.

1:50        Break

2:00        Counting Down the Transition Away from LIBOR

B. Taber Cathcart, Womble Bond Dickinson (US) LLP Charlotte
Erik J. Chamberlin, Womble Bond Dickinson (US) LLP, Charlotte

The London Interbank Offered Rate (LIBOR) has been the benchmark interest rate for countless contracts worth more than $240 trillion, encompassing everything from complex derivatives to lending documents and residential mortgages, and the financial world now faces a daunting challenge to prepare for its replacement. LIBOR is a central fixture across all manner of financial activity, and impacts such things as risk, valuation, commercial contracts, performance modelling, SEC filings and more.

During this informative discussion, the presenter focuses on the latest legal trends and perspectives involved in preparing for the transition away from LIBOR. Review the latest guidance from the Alternative Reference Rates Committee, challenges, opportunities, and critical areas of importance for lawyers that will be responsible for addressing one of the most significant changes impacting the financial services industry today. This session also provides recommendations on specific areas where LIBOR replacement efforts should be focused and what resources are available from some of the leading industry organizations and banks involved in navigating this change.

3:00        Break

3:10        Navigating Multiple and Inconsistent Rules of Origin and Domestic Content

James K. Kearney, Womble Bond Dickinson (US) LLP, Tysons, VA

Businesses face complex regulatory challenges as products are increasingly sourced abroad or, if produced domestically, are comprised of materials and components from multiple countries. Correctly assessing the origin of a product not only ensures compliant entry of products into the U.S. under customs rules, but it is also critical to qualifying products for duty-free entry under the Generalized System of Preferences (GSP) and avoiding punitive tariffs, to establishing eligibility to participate in public procurements subject to domestic preference rules, and to advertising products as "Made-in-USA." This session addresses ways to help the practitioner sort through the often—inconsistent rules applied under multiple laws by various federal agencies when determining the origin of a product, and provides an update on recent changes to these rules and their application.

4:10        Adjourn

‡ Indicates portion providing Technology Training credit


Thank you

Thank you for joining us for The World Spins Madly On: Making Sense of the Current State of International Law (2021 International Practice Section Program).

Description

Designed to benefit novice and seasoned international law practitioners alike, this program covers a spectrum of topics, including – the state of U.S. immigration law, digital solutions to cross-border protection and data transfer issues, international arbitration developments, rules concerning product origin and domestic content, and the transition to LIBOR.

Contributors

  • Monica Boccia

    Monica Boccia is the North American in-house General Counsel for Biesse America, Inc. Biesse America is located in Charlotte, North Carolina and is the primary North American subsidiary of Biesse S.p.A., a leading Italian Group in the manufacturing technology for processing wood, stone, glass, plastic, and metal.

    Monica is a native of Italy with extensive legal training in Italy, Spain and the United States. She is admitted to practice law in both in Italy and North Carolina. She received her JD in Italy at the University of Bologna, and later completed her LL.M. at the University of Pennsylvania Law School, with a concentration in international sales and corporations. She has over 14 years of experience as in-house counsel and is currently the sole in-house attorney of the Biesse Group for North America.

    Monica's role at Biesse America evolved over the years as she gained an understanding of the business and its day-to-day operations. Over time she worked together with senior management to identify and address areas of risk in the North American market, particularly in the US. Each day brings a new range of matters to be addressed as the business adjusts and adapts to the marketplace and the current economic environment. Recent issues include addressing cross-border and domestic business transactions including the negotiation and drafting of technically sophisticated contracts. The changes to US immigration policies in light of the COVID-19 pandemic have led to the development of innovative approaches to the company's employment practices.

    Prior to start working at Biesse America, Ms. Boccia worked as an associate in a boutique international law firm in Italy, concentrating mainly on international/domestic contract negotiations and drafting, arbitrations and EU antitrust law. In addition to Italian, her native language, she is fluent in English and Spanish and has a reading knowledge of French and Portuguese.

  • B. Taber Cathcart

    B. Taber Cathcart is a partner with Womble Bond Dickinson (US) LLP in Charlotte. She is co-leader of the Firm's Financial Services Sector Team and a Partner in the Firm's Capital Markets Group. She focuses her practice on diversified financial transactions, primarily concentrating on senior and subordinated debt transactions, including acquisition finance, real estate and working capital credit facilities.

    Taber has a broad range of experience representing financial institutions, investment firms and institutional investors in a variety of roles, including as agent banks, arrangers, underwriters and lead senior and or mezzanine debt providers, whether by way of secured or unsecured syndicated credit facilities, club deals, single-lender transactions or loan workouts and restructurings. As a trusted legal and business advisor to these financial institutions, she also plays an active role as thought leader for the Firm's LIBOR Transition Team.

    In the community, Taber devotes a significant amount of time towards developing and advancing the arts and volunteering for non-profits in the Charlotte region. She is the Chair-Elect for the Board of Trustees for the Charlotte Ballet, immediate Past Chair of Child Care Resources, Inc., and is a previous Board Member of Leadership Charlotte. In recognition of her leadership, the Charlotte Business Journal recently honored Taber as a 2020 Women in Business Achievement Award winner.

    Prior to law school, Taber had a decade-long career as a professional ballet dancer.

    Click here for more information about Taber.

  • Erik J. Chamberlin

    Erik J. Chamberlin is an associate with Womble Bond Dickinson (US) LLP in Charlotte. He is an attorney in our capital markets group with several years of experience working on corporate and finance-related matters. Erik has a wide range of experience representing lenders, borrowers, issuers, and underwriters in a variety of financing structures. He represents clients through all stages of a transaction, including drafting and negotiating transaction documents and guiding them through the closing process. Erik is especially adept at engaging with clients and other deal parties to ensure the quality of service delivered meets the client's expectations.

    Prior to joining Womble, Erik practiced at large international firms in New York where he represented major commercial banks, investment managers, public companies, and others in connection with complex securitization and lending transactions in a variety of sectors, such as aviation, electric utilities, automotive fleet management, media/entertainment, and residential mortgage-backed securities.

    Erik is recognized in The Best Lawyers in America's Ones to Watch (BL Rankings), Securities / Capital Markets Law, 2021. He received his B.A. degree, cum laude, from Duke University in 2012 and his J.D. degree from Columbia University School of Law in 2015.

    Click here for more information about Erik.

  • Gerard M. "Gerry" Chapman

    Gerard M. "Gerry" Chapman is a member of the Chapman Law Firm in Greensboro. He has been a Board-Certified Immigration Specialist since 1997. He graduated from UNC-CH in 1973 with a B.A. degree in International Studies and received the UNC Educational Foundation Award the same year. In 1978, he received his J.D., cum laude, from the University of Georgia School of Law.

    Mr. Chapman is included in the 2007-2020 editions of The Best Lawyers in America, in the specialty of Immigration Law, and he received Martindale Hubbell's 2021 AV Preeminent Judicial rating—the highest honor awarded. He also has been chosen for inclusion in the Super Lawyers list for immigration specialists in North Carolina every year since 2007. The Super Lawyer designation is restricted to the top 5% of attorneys in each state. He was one of only eight immigration lawyers in North Carolina to be chosen in 2016. He is also included in the 2013-2021 editions of The International Who's Who of Corporate Immigration Lawyers, and Chapman Law Firm was designated a "Tier 1" law firm by U.S. News & World Report and Best Lawyers' Best Law Firms rankings in 2021. Mr. Chapman was recently appointed to serve a three-year term on the NC State Bar Specialization Committee for Immigration for North Carolina (2016-2019). He was a member of this committee when it first convened in 1997 and co-wrote the specialization exam with the other committee members during his tenure then. Most recently, Mr. Chapman also achieved Thomson Reuters' Lead Counsel Verification for his work in Immigration Law.

    Click here for more information about Gerry.

  • Jennifer L. Cory

    Jennifer L. Cory is a partner with Womble Bond Dickinson (US) LLP in Charlotte. As the leader of Womble Bond Dickinson's Business Immigration Solutions practice group, Jennifer navigates the complexities of US immigration law to design efficient, effective visa routes for her clients, who include educators, entrepreneurs, executives, innovators, and investors in key industry sectors such as academia, automotive, financial, manufacturing, pharmaceutical, and technology. Her comprehensive guidance ensures that companies and individuals alike understand and comply with the web of multiple and often confusing regulations that govern the authorized employment and status of non-citizens.

    Jennifer's clients contribute to all aspects of everyday life. They develop and manufacture versatile and cutting-edge products used in our homes, vehicles, and work environments, conduct research and development that ensures the safety of the prescriptions that keep us healthy and train the minds of the next generation of globally oriented citizens.

    Certified as a Specialist in Immigration Law by the North Carolina State Bar, included in Best Lawyers in America in the field of Immigration Law, and selected as a global leader in Who's Who Legal for Corporate Immigration, Jennifer is a locally, nationally, and globally recognized expert.

    Jennifer received her B.A. degree from Hollins College in 1991 and her J.D. degree from Stetson University College of Law in 1994.

    Click here for more information about Jennifer.

  • James K. "Jim" Kearney

    James K. "Jim" Kearney is a partner with Womble Bond Dickinson (US) LLP in Tysons, VA. He is in the firm's Government Contracts and Global practice groups. Jim brings years of experience to the task of helping clients who transact business with government entities and across borders make sense of the extensive government regulation of their businesses. His clients range from commercial businesses, both large and small, to universities and non-profits. Jim also regularly advises clients in merger and acquisition transactions requiring often complex government-related due diligence and risk assessment.

    His clients include government contractors, both prime contractors and subcontractors, who sell products and services to federal, state, local, and even foreign governments. Jim advises these clients on complying with all aspects of regulatory requirements under government contracts, grants and other funding agreements, including the Federal Acquisition Regulations rights in technical data and trade secrets, teaming agreements and joint ventures, subcontracting, protests, false claim allegations, policies and procedures, internal audits and investigations, security clearance requirements, voluntary disclosures, and agency enforcement actions and dispute resolution.

    Jim is deeply experienced with issues relating to country-of-origin determinations and "Made in the USA" claims, foreign ownership and control restrictions, the Committee on Foreign Investment in the United States (CFIUS), and the cross-border transfer of software, hardware, and technical data. Jim is a Fellow of the American Bar Foundation, a member of the Professional Services Council (PSC) and the American Bar Association. He received his B.A. degree from the University of Pittsburgh in 1973 and his J.D. degree from the University of Virginia in 1976.

    Click here for more information about Jim.

  • Kurt E. Lindquist II

    Kurt E. Lindquist II is a member of Cozen O'Connor in Washington, DC. Kurt is a venerated trial lawyer with a depth of experience resolving commercial matters on a global basis. His international arbitration experience includes numerous commercial arbitrations before the International Chamber of Commerce in Germany, Switzerland, Hong Kong, the SCIA and the HKIAC and Investor/State disputes before the SIAC, and the PCA. In the United States, he helped negotiate the acquisition of the third-largest textile manufacturer in the United States by the largest European hosiery manufacturer and successfully defended the European firm in a $600 million breach of contract action. According to a recent Gallup Survey, Kurt was recently ranked within the top 1 percent of all litigators in terms of his substantive knowledge, experience, client service, and satisfaction.

    His international arbitration experience has afforded him the honor of speaking in Kyoto, Japan, on "Recent Developments in Investor /State Arbitrations," and as a co-author in "Expedited/Fast Track Procedures in International Arbitration" at the 10th Biennial Arbitration Symposium in Salzburg, Austria. Kurt taught Introduction to Domestic and International Arbitration at Wake Forest School of Law during the fall semesters of 2019 and 2020 as an adjunct professor. He has been a member of the board of directors for the Charlotte International Arbitration Society since 2015, and an International Practice Law Section (NCBA) council member since 2015.

    Kurt earned his J.D. degree at the Wake Forest School of Law and his A.B. degree in Economics from Duke University, where he graduated cum laude.

    Click here for more information about Kurt.

  • Tandy B. Mathis

    Tandy B. Mathis is counsel in the Litigation, Discovery, and Privacy & Data Security groups with Moore & Van Allen PLLC in Charlotte. She specializes in information management issues, including privacy and data security. Tandy uses her experience to help clients understand their obligations to protect data and advises them on how they can lawfully collect, use, and share personal information.

    In her privacy and data security practice, Tandy's matters range from complex multi-jurisdiction matters requiring cross-border data sharing to single jurisdiction litigation matters. She has assisted with the development and implementation of comprehensive information security programs and has drafted privacy notices and data security provisions in vendor agreements. Tandy routinely advises multinational clients on data breach response and notification responsibilities and counsels clients on state, federal, and international privacy requirements, including CCPA, GLBA, GDPR, ePrivacy Directive, and state breach notification laws. She advises both public and private companies in a variety of transactions and regularly assists with information governance and privacy and data protection compliance.

    Tandy also has significant experience in discovery and litigation data analytics. She regularly assists clients in preparation for regulatory investigations and civil litigation by conducting exposure and merits assessments based on advanced data processing techniques. Tandy received her B.A. degree, magna cum laude, from North Carolina State University in 2003 and her J.D. degree, cum laude, from Florida State University School of Law in 2007.

    Click here for more information about Tandy.

March 25, 2021
Thu 8:55 AM EDT

Duration 7H 15M

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