AGENDA
CPR 2010 Annual Meeting
GLOBAL ADR: THE NEW REALITY
The Barclay Intercontinental
New York, New York
January 14-15, 2010
Keynote Speaker: Kenneth R. Feinberg
Obama Administration Compensation Czar
Washington, D.C. attorney Kenneth Feinberg was appointed by President Obama to serve as the Compensation Czar to oversee executive compensation at corporations receiving federal bailout funds. Feinberg served as the Special Master of the September 11th Victim Compensation Fund, which distributed more than $7 billion to more than 5,000 families and victims.
New Business Realities and the Role of ADR: The GCs Weigh In
The challenging economic climate dictates a fresh look at ADR processes and their efficacy. Some of the world’s leading general counsel examine their respective industries’ ADR use and how/if they have implemented changes in the face of today’s economic challenges. The panel will examine whether changes are needed in existing processes such as the Federal Rules of Civil Procedure, and provide their input on the role of ADR in the future.
Moderator
Barbara E. Daniele
Senior Vice President & General Counsel
GE Capital, Americas
Norwalk, CT
Speakers
Hans Peter Frick
Senior Vice President and Group General Counsel
Nestlé
Vevey, Switzerland
Marc Gary
Executive Vice President & General Counsel
Fidelity Investments/FMR LLC
Boston, MA
Nancy L. Vanderlip
Vice President and General Counsel, Electric Components
ITT Corporation
Santa Ana, CA
Arbitration Under Attack: The Future of ADR
Recent Supreme Court arbitration decisions, pending legislation, and institutional developments have drastically altered ADR practice. How will these changes and the tone of the debate affect arbitration? You will hear perspectives from the judiciary, the leadership of U.S. and European arbitral institutions, a practicing international arbitration lawyer, and a leading plaintiffs’ employment lawyer. These speakers will discuss how they are coping with these changes and what they view as trends for U.S. and international arbitration.
Moderator
Hon. Judith S. Kaye
Chief Justice of the New York Court of Appeals (Ret.)
Former President of the Conference of Chief Justices
Skadden, Arps, Slate, Meagher & Flom LLP
New York, NY
Speakers
Pieter Bekker
Partner and Head of Public International Law
Crowell and Moring
New York, NY
Richard W. Naimark
Senior Vice President
American Arbitration Association
New York, NY
Wayne N. Outten
Managing Partner
Outten & Golden LLP
New York, NY
Mauro Rubino-Sammartano
President of the European Court of Arbitration
Bianchi Rubino-Sammartano e Associati
Milan, Italy
Doing Business in Asia – ADR Advice From Regional Experts
For several decades, American trade and investment across the Pacific has exceeded that across the Atlantic and has been on a continuing upward trajectory. It is essential that American companies, and their legal advisors, who do business in this varied and dynamic region have a basic understanding of the law and practice of ADR in the region and an awareness of the pitfalls and problems that may arise. This panel will discuss the state of ADR in Asia and provide practical pointers for effective dispute resolution.
Moderator
Professor David L. Sandborg
Faculty of Law
University of Hong Kong
Hong Kong, China
Speakers
Professor Tai-Heng Cheng
Associate Professor of Law
Associate Director, Center for International Law
New York Law School
New York, NY
Sumeet Kachwaha
Kachwaha & Partners
New Delhi, India
Professor Song Lu
Dean of Law Faculty
China Foreign Affairs University
Beijing, China
Yukukazu Hanamizu
Yuasa and Hara
Tokyo, Japan
The Conflict Between Bankruptcy and Arbitration
What happens when arbitration and bankruptcy collide? Bankruptcy filings are surging – guaranteeing a conflict between arbitration clauses in contracts with the debtor and the automatic stay provision under U.S. bankruptcy law. The issue is particularly acute when the proceeding is an international arbitration sited outside the United States. This esteemed panel of experts will explore the complex intersection between different bankruptcy systems and arbitration.
Moderator
Professor Mark Alan Kantor
Adjunct Professor of Law
Georgetown Law Center
Washington, D.C.
Speakers
Professor George A. Bermann
Gellhorn Professor of Law & Jean Monnet Professor of European Union Law
Columbia University School of Law
New York, NY
Professor Alan N. Resnick
Benjamin Weintraub Distinguished Professor of Bankruptcy Law Hofstra University School of Law
Of Counsel – Fried, Frank, Harris, Shriver & Jacobson LLP
New York, NY
Jonathan Sutcliffe
Partner
Fulbright & Jaworski
Dubai, United Arab Emirates
ADR and Healthcare—from Big Pharma to Patients’ Rights
Perhaps the most critical issue facing the U.S. today is the soaring coast of healthcare. Experts from healthcare-related industries will address opportunities and practical suggestions for saving costs through better dispute management in the healthcare and life sciences fields. The panel will focus on the unique challenges faced by various industry players and how to best meet and resolve these issues, whether by mediation or by other dispute resolution mechanisms.
Moderator
Professor Carol B. Liebman
Clinical Professor of Law
Columbia University School of Law
New York, NY
Speakers
Katherine Benesch
Partner
Duane Morris LLP
Princeton, NJ
Roger N. Parker
Senior Vice President and General Counsel
Memorial Sloan Kettering Cancer Center
New York, NY
Carol Ann Petren
Executive Vice President & General Counsel
CIGNA
Philadelphia, PA
Keynote Speaker – Professor Richard E. Susskind OBE
Author, The End of Lawyers?
Susskind is Information Technology (IT) Adviser to the Lord Chief Justice, Visiting Professor at the Oxford Internet Institute at Oxford University, Emeritus Law Professor at Gresham College, London, and an independent adviser to international law firms and national governments. His recent book explores the effect of advances in IT upon the law and legal practice and provides analysis of anticipated developments in the coming decade.
Dispute Prevention and De-escalation: How to Draft and Deploy “Real
Time” Resolution Tools
Business leaders are clamoring for new solutions to reduce the burden of litigation costs. Nonetheless, few of today’s business arrangements recognize that conflict and disputes are inevitable. As a result, they do not effectively build-in proactive, anticipatory or preventive processes. This panel will explore conflict prevention systems and provide practical and tested techniques for long-term contract arrangements.
Moderator
Joseph T. McLaughlin
Of Counsel
Bingham McCutchen LLP
New York, NY
Speakers
James P. Groton
Retired Partner
Sutherland, Asbill & Brennan LLP
Atlanta, GA
Susan C. Levy
Managing Partner
Jenner & Block LLP
Chicago, IL
Commentator
Lawrence E. Susskind
President
Consensus Building Institute Inc.
Cambridge, MA
Mediator v. Arbitrator: Disclosure and Other Ethical Issues
Different ethical standards are imposed on mediators and arbitrators. This is especially true with respect to disclosure and conflicts of interest. Are the current practices in both areas sensible? Are the differences understood by practitioners? These experts will discuss the ethical landscape, including waivers of liability, immunity, vacatur of awards, institutional guidelines, and the med-arb dilemma.
Moderator
MaryBeth Wilkinson
Partner
Lovells LLP
Chicago, IL
Speakers
A.Stephens Clay
Kilpatrick Stockton LLP
Atlanta, GA
Jeff Kichaven
Mediator
Los Angeles, CA
Dr. Karl J. Mackie
Chief Executive and Senior Mediator
Centre for Effective Dispute Resolution
London, England
The Future: Predictions and Prognostications
From the billable hour to challenging the real value of legal services, every aspect of the legal profession is under attack in this new economic climate. A few visionaries are trying new legal models and using technological innovations to deliver higher value for lower cost. This panel will discuss cutting edge technology and itsimpact on the legal profession,. You will also hear predictions from the intelligence community on what the world will look like in 2025, and what the future holds for the economy and international trade.
Moderator
Michael McIlwrath
Senior Counsel for Litigation
GE Oil & Gas
Florence, Italy
Speakers
Dr. Mathew J. Burrows
Counselor
National Intelligence Council
Washington, D.C.
Jeffrey Carr
Vice President, General Counsel & Secretary
FMC Technologies Inc.
Houston, TX
Susan Hackett
General Counsel
Association of Corporate Counsel
Washington, D.C.
Paul Lippe
CEO
Legal OnRamp
Moffett Field, CA
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