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October 2019

Binding Treaty on Business and Human Rights – What You Need to Know

October 16, 2019
12:00 pm-2:00 pm

Dunnington Bartholow & Miller, LLP

230 Park Avenue, 21st Floor

New York, NY

$15 – $55

Speaker: Deborah Enix-Ross, Debevoise & Plimpton

The UN Guiding Principles on Business and Human Rights (UNGPs), endorsed by the UN Human Rights Council in June 2011, are a set of guidelines for States and companies to prevent, address and remedy human rights abuses committed in business operations.  The UNGPs  rest on three pillars: States have a duty to protect people from human rights abuses by third parties, including business. Business has a responsibility to respect human rights, which means to avoid infringing on the rights of…

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September 2019

U.S. Investment Adviser Registration for Non-U.S. Firms

September 18, 2019
12:00 pm-2:00 pm

Duane Morris

1540 Broadway

New York, NY

$15 – $55

Speaker: Bertrand C. Fry and Shusmita Chowdhury, Pryor Cashman LLP

Non-U.S. asset managers that provide, or are considering providing, services to U.S. clients (or to investment vehicles with U.S. investors) need to be aware of the comprehensive registration regime applicable under the U.S. Investment Advisers Act. This presentation will outline the availability and limitations of the “foreign investment adviser” exemption, as well as other ways that non-U.S. investment advisers may want to consider addressing U.S. regulatory requirements, including “umbrella” registration and Unibanco letters.

Bertrand C. Fry is a partner at Pryor Cashman, where he co-heads the Investment Management and FinTech Groups. Prior to joining the firm, he served for 14 years in the legal department of the D. E. Shaw Group, serving as its acting General Counsel during the first half of 2007. He started his career at Paul, Weiss, and was a senior U.S. counsel in Dechert’s London office from 2001 to 2003, where his clients included both U.S. and non-U.S. investment advisers. Over the course of his career, Bert has launched and advised on a broad array of U.S. and non-U.S. alternative investment vehicles and their managers.

Shusmita Chowdhury is a member of Pryor Cashman’s Investment Management Group, where she advises institutional investors on their investments in domestic and international private equity funds, real estate funds, hedge funds, venture capital funds, fund of funds and other accounts. She also has extensive experience counseling clients on secondary fund investments and assisting fund sponsors on fund formation and ongoing investment matters, having previously worked in-house for a Swiss private equity firm.

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June 2019

AFLA Annual Spring Reception and Membership Event

June 11, 2019
6:00 pm-8:30 pm

The University Club

1 West 54th Street

New York, NY

Speaker: Jeh Johnson, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP

Honored guest and speaker: Jeh Johnson, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP and former United States Secretary of Homeland Security. Secretary Johnson shared his observations on today's homeland security and put the current situation at the southern border in a legal and historical context.

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May 2019

The United States and the International Criminal Court (AFLA Luncheon and Annual Meeting)

May 05, 2019
12:00 pm-2:00 pm

Dunnington Bartholow & Miller, LLP

230 Park Avenue, 21st Floor

New York, NY

Speaker: Jennifer Trahan, Professor, NYC Center For Global Affairs

In this timely discussion of the work of the International Criminal Court (“ICC”) we will focus on the US relationship to the court that has varied among presidential administrations. The current administration has banned the ICC Prosecutor from travel to the United States. Our speaker also will discuss the recent dismissal of the ICC’s Afghanistan preliminary examination that would have addressed conduct by US nationals in Afghanistan but that is no longer proceeding. Jennifer Trahan is Clinical Professor of Global…

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April 2019

Enforcing Judgments and Arbitration Awards against a State: Recent Developments in French and European Law

April 10, 2019
12:00 pm-2:00 pm

Norton Rose Fulbright US LLP

1301 6th Avenue

New York, NY

Speaker: François Ameli, Partner, CKR Law in Paris

Since 2016, there has been a dramatic change in French law on the issue of enforcing judgments and arbitration awards against states and state entities. French law and French courts have increasingly taken into account the protection of states’ assets against so-called ‘vulture funds’, i.e. funds that invest in distressed securities usually (but not always) held against sovereign debtor governments. As a consequence of this policy, enforcement against states or state entities requires a prior and specific court order that…

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March 2019

Restaring America’s Government of Laws

March 20, 2019
12:00 pm-2:00 pm

Duane Morris

1540 Broadway

New York, NY

Speaker: James R. Maxeiner, Associate Professor of Law, University of Baltimore

Sadly, it is not news that our government of laws is failing. Our legal methods of making and applying law work poorly, when they work at all. Years ago, our long-time benefactor and colleague, the late Professor Ernst C. Stiefel had the answer: we need to civilize our system. We need to learn from civil law methods. This talk will identify about ten ways we could use civil law methods to work toward a government of laws. James Maxeiner teaches…

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February 2019

Perspectives of Foreign Trading Partners on the United States-Mexico-Canada Agreement (USMCA)

February 20, 2019
12:00 pm-2:00 pm

Dunnington Bartholow & Miller, LLP

230 Park Avenue, 21st Floor

New York, NY

Speaker: Darrel H. Pearson and Francisco J. Cortina Velarde 

In this timely discussion of the USMCA, our Canadian and Mexican trade experts will share their insights on the negotiation process and the provisions of the USMCA that will change the trade landscape for the USMCA Parties, businesses and legal advisors. The speakers will offer their Canadian and Mexican perspectives on the following topics: How did we get to the USMCA? How will preferential treatments accorded under the NAFTA change in the new agreement? Why is US free trade with…

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January 2019

US and Civil Law Estate Administrations: a Comparative Perspective

January 23, 2019
12:00 pm-2:00 pm

Duane Morris

1540 Broadway

New York, NY

Speaker: Michael W. Galligan, Partner, Phillips Nizer LLP

The presentation will compare and contrast the common law (primarily as exemplified by New York law) and the civil law (primarily as exemplified by French law) approaches to the administration of decedents’ estates. The topics that will be addressed will include (1) who has title to the assets of a deceased person during the pendency of an estate or succession? (2) what is the role of a testamentary executor? (3) how is a decedent’s Will established or recognized as the…

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November 2018

Corporate Responsibility in the Age of Terrorism: Questions of Liability Under the Alien Tort Statute and the Antiterrorism Act

November 14, 2018
12:00 pm-2:00 pm

Hogan Lovells US LLP

390 Madison Avenue

New York, NY

Speaker: Honorable Cheryl L. Pollak, United States Magistrate Judge,Eastern District of New York

In Jesner v. Arab Bank, PLC, the Supreme Court foreclosed suit against foreign corporations, making it clear that, under the Alien Tort Statute (“ATS”), persons injured or killed by terrorist acts committed abroad could not pursue claims for damages against foreign corporations and international banking institutions that allegedly financed and facilitated terrorist activities. The future of such claims under the Antiterrorism Act (“ATA”) is less clear, particularly when viewed in the context of the Justice Against Terrorism Act (“JASTA”) and…

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October 2018

The Extraterritorial Reach of the Foreign Corrupt Practices Act after U.S. v. Hoskins

October 17, 2018
12:00 pm-2:00 pm

Norton Rose Fulbright US LLP

1301 6th Avenue

New York, NY

Speaker: Christopher J. Morvillo, Clifford Chance US LLP, New York

On August 28, 2018, the United States Court of Appeals for the Second Circuit issued its long-awaited decision in United States v. Hoskins, a rare decision addressing the scope of the Foreign Corrupt Practices Act (“FCPA”). Specifically, the court held in Hoskins that the government cannot pursue theories of conspiracy and aiding and abetting liability under the FCPA against classes of foreign individuals and entities who are not otherwise subject to direct liability under the FCPA. Chris Morvillo of Clifford…

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