LAW, BUSINESS AND

TECHNOLOGY

THE FOURTH ANNUAL AMERICAN BAR

ASSOCIATION SECTION OF INTERNATIONAL LAW &

ISRAEL BAR ASSOCIATION JOINT CONFERENCE

May 26 – 29, 2013

EILAT, ISRAEL

SPONSORS

SILVER PARTNER

MEETING SUPPORTERS

COOPERATING ENTITIES

CONFERENCE AGENDA

SUNDAY, MAY 26

5:00 pm – 7:00 pm PRELIMINARY SESSION Military State and Everything in Between – Basic Law: The Army This program is being organized by the Israel Bar at the Royal Beach Hotel, Etze Ha’erez room, and will be conducted in Hebrew, with simultaneous translation provided into English. Greetings: Prof. Joseph Gross, Conference Co Chair Adv. Mibi Mazor, Conference Co Chair Mair Yitzhak Halevi, Mayor of Eilat, Israel Moderator: Ms. Ayala Hasson, Journalist and Political Commentator, Channel 1

Speakers: Hanan Melcerc, Chief Justice, Supreme Court of Israel Judge Ilan Shiff, Vice President, District Court, Haifa, Israel Prof. Suzie Navot, School of Law, Academic Studies, The College of Management Giora Eiland, Major General (ret.), Former Israel’s National Security Advisor Adv. Eli Zohar Adv. Ilan Katz Dr. Adv. Ronen Bergamn, “Yediot Arhronot”, “The New York Times”

9:00 pm OPENING PARTY Lawns of the Isrotel Sport Hotel Concert by “Waterloo – the Best of ABBA” Tickets to the Opening Party are included in your registration.

MONDAY, MAY 27

10:00 am – 1:30 pm OPENING SESSION The Influence of Criminal Law on the Political Arena in Israel This program is being organized by the Israel Bar at the Royal Beach Hotel, Etze Ha’erez room, and will be conducted in Hebrew, with simultaneous translation provided into English.

Greetings: Avd. Doron Barzilay, President, Israel Bar Association Adv. Tzipi Livni, Minister of Justice, Israel Chief Justice Dr. Asher Gronis, President, Supreme Court of Israel Adv. Yehuda Weinstein, Attorney General, Israel Commissioner Yohanan Danino, Chief of the Israel Police Adv. Zaki Kamal, Conference Chair Moderator:

Dr. Ilana Dayan, Channel 2

Speakers: Chief Justice (ret.) Meir Shamgar, former President of the Israeli Supreme Court Judge (ret.) Micha Lindenstrauss, former State Comptroller of Israel Adv. Moshe Lador, State Attorney, Israel Knesset Member Zahava Gal-on, “Meretz” Adv. Dina Silber, Deputy Attorney General Judge (ret.) Micha Lindenstrauss, former State Comptroller of Israel Adv. Moshe Lador, State Attorney, Israel Prof. Mordechai Kremnitzer, Vice President of Research, The Israel Democracy Institute, Law Faculty, The Hebrew University of Jerusalem Adv. Navot Tel-Zur Adv. Zion Amir 1:30 pm – 3:00 pm LUNCH BREAK Lunch will be held on your own.

3:00 pm - 3:15 pm OPENING OF INTERNATIONAL JOINT CONFERENCE Dan Eilat Hotel, Tarshish Hall 2

Opening Remarks: Adv. Doron Barzilay, President, Israel Bar Association, Tel Aviv, Israel Adv. Gideon Fisher, Conference Chair, Gideon Fisher & Co., Tel-Aviv, Israel Aaron Schildhaus, Conference Chair, Law Offices of Aaron Schildhaus, Buenos Aires, Argentina and Washington, DC, USA Adv. Eric Sherby, Conference Co-Chair, Sherby & Co. Advs, Ramat Gan, Israel 3:15 pm – 4:00 pm NETWORKING BREAK Dan Eilat Hotel 4:00 pm – 5:30pm Cyber Security: Precautions, Best Practices and Legal Obligations Dan Eilat Hotel, Tarshish Hall 2

Description: Theft of data, including personal information, trade secrets and

information protected by data protection and security laws and

regional directives such as those in the European Union, is a problem

that is increasing exponentially as global e-commerce accelerates and

cyber-thieves become more technologically sophisticated. This

interactive program will discuss the landscape of cyber-security

challenges, laws and regulations, and also discuss how good security

practices can increase business by making the company more

attractive to investors and customers. It will also discuss how to

implement practicable security safeguards to meet compliance and

business requirements.

Program Chair & Moderator:

Kenneth N. Rashbaum, Esq., Founder, Rashbaum Associates, LLC,

New York, New York, USA

Speakers:

Duncan Card, Partner and National Co-Chair - Technology, Outsourcing & Procurement, Bennett Jones LLP, Toronto, Ontario, Canada

Adv. Yoram Hacohen, Former Head of Israeli Law, Information and Technology Authority (ILITA), Tel Aviv, Israel

Simeon Zimbalist, Partner, IT Risk & Security Services, Enterprise Risk Services, Deloitte LLP, Tel Aviv, Israel

5:45 pm – 7:15 pm International M&A in the High Tech and Energy Sectors Dan Eilat Hotel, Tarshish Hall 2 Description:

In today’s global marketplace, cross-border deals are becoming the

norm. This panel will examine some of the current issues in

international M&A transactions in the high tech and energy sectors,

which are currently among those at the forefront in Israel, with a

particular emphasis on transactions involving Israel, US and certain

European jurisdictions, including deal terms and market practices. The

panel will cover both international investments in Israeli high tech and

energy entities and Israeli companies dealing in the international

markets. The presentation will include a discussion of certain

applicable regulations and jurisprudence, and the effect of the

continental law system in Europe on such transactions. Topics will

include cultural and legal framework differences between Israeli and

U.S. merger negotiations and merger agreements; regulatory issues

in cross-border transactions including Israeli oil & gas regulations and

their effect on indirect acquisitions of assets; the terms and use of

farm-in agreements in acquiring oil and gas licenses in Israel;

international and local law issues regarding the Israeli Exclusive

Economic Zone; challenges international companies have when

undertaking transactions in foreign jurisdictions; and key due diligence

issues.

Program Chair:

Jay Lefton, Partner, Borden Ladner Gervais LLP, Toronto, Ontario,

Canada

Speakers:

Adv. Tsahi Groswasser, Nobel Energy Mediterranean, Israel

Adv. Renelle Joffe, Meitar Liquornik Geva & Leshem Brandwein,

Ramat Gan, Israel

Jonathan Melmed, Partner, Morrison & Foerster LLP, New York, New

York, USA

Jan-Willem van Rooji, Partner, Loyens & Loeff N.V., Rotterdam, The

Netherlands

7:30 pm – 9:00 pm CELEBRATORY RECEPTION FOR INTERNATIONAL GUESTS AND BAR LEADERS This reception is being organized by the Israel Bar at the Dan Eilat Hotel. Tickets to the reception are included in your registration.

Hosts: Doron Barzilay, President, Israel Bar Association Adv. Gideon Fisher, Chair, International Forum on behalf of the President

TUESDAY, MAY 28

9:00 am – 10:00 am Breakfast meeting with Doron Barzilay, President of Israel Bar Hilton Queen of Sheba, Makeda Dining Room All ABA registrants are invited to attend. 10:00 am-12:00 pm Crooked Economy This program is being organized by the Israel Bar at the Royal Beach Hotel, Etze Ha’erez room, and will be conducted in Hebrew, with simultaneous translation provided into English. Moderator: Galit Hemi, editor of “Calcalist”

Speakers: Mr. Moshe Kahlon, former Minister of Communications, Welfare & Social Services Prof. Shmuel Hauser, Chairman, Israeli Securities Authority Mr. David Brodet, Chairmen, Bank Leumi Prof. Amir Barnea, Arison School of Business, Interdisciplinary Center, Herzliya Prof. Ruth Plato-Shinar, Director of the Center for Banking Law, Netanya Academic College Prof. Avi Simhon, Professor of Economics, The Hebrew University of Jerusalem, former Chairman, Consulting Forum to the Minister of Finance Adv. Dalia Tal Adv. Ram Caspi 10:30 am-12:00 pm Hot Topics for Global Corporate Counsel Dan Eilat Hotel, Tarshish Hall 2

Description:

This panel will cover the International Attorney Client Privilege,

International Crisis Management, Internal Investigation, Litigation

Management, International Bribery Acts (OECD, FCPA and UK

Bribery Act), Antitrust/Competition Law, Specialization V. Generalists,

Reporting Lines, and Corporate Governance. We will also discuss

issues related to Global Corporate Counseling such as Global Risk

Assessment, the Seven Steps for an Effective Compliance Program;

Standards and Procedures (Code of Conduct, Mission Statement,

Policies, Internal Controls and Alignment); Complying With

Inconsistent Antitrust/Competition Laws; Organizing the Compliance

Office and Reporting Lines, Background Checks; Training and

Communications (Hotlines); Auditing, Monitoring and Reporting;

Disciple and Incentives; Preparing for Unannounced Visits by

Government Investigators ("Dawn Raids"); and Continual Renewal.

The perspective will be global.

Program Chair: Carole Basri, Adjunct Prof. and Executive Director of the Corporate Compliance Program, Fordham University School of Law, New York, New York, USA Speakers: Aurora Cassirer, Partner, Troutman Sanders, New York, New York,

USA

Adv. Ido Warshavski, Given Imaging, Ltd., Yoqneam, Israel

Jeffrey Zuckerman, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP,

Washington, DC, USA

12:15pm -2:00 pm The Arab Spring: Lessons and Evaluations This program is being organized by the Israel Bar and the International Bar Association at the Dan Eilat Hotel, BBH 1 room, and will be conducted in Hebrew, with simultaneous translation provided into English.

Opening Remarks: Chief Justice Dr. Yoram Danziger, Supreme Court of Israel Moderator: Mr. Avi Issacharoff, Commentator on Arab Affairs, “Walla” “Site” Speakers: Knesset Member Ahmad Tibi, “Raa’m – Ta’al” Major General (ret.) Danny Yatom, former Director of the Mossad Ms. Smadar Perri, commentator of Arab affairs, “Yediot Ahronot” Prof. Arnon Sofer, Haifa University Adv. Zaki Kamal, President, the Academic Arab College for Education in Israel, Haifa Adv. Reda Anbusi, Deputy, Central District States Attorney Dr. Avner M. Emon, Associate Professor, Faculty of Law, University of Toronto, Canada

Prof. Ufran Khaliq, Professor of Public International and European Laws, Cardiff Law School, Cardiff University, Cardiff 2:00 pm – 3:15 pm LUNCH BREAK Lunch will be held on your own. 3:15pm – 4:00 pm NETWORKING BREAK Dan Eilat Hotel 4:00 pm - 5:30 pm Corporate Compliance in a Changing World Dan Eilat Hotel, Tarshish Hall 2

Description: Keeping up with the changes to corporate compliance laws in Israel,

the United States and other trading partners, such as the EU and

Canada, keeps lawyers and compliance officers busy. This panel will

discuss some of the changes arising from legal changes, policy

changes, rules/guidelines changes, case law and experience.

Lawyers practicing in the area of international corporate compliance

will share what has happened in the last year and impart sage

counsel.

Program Chair & Speaker: Carole Basri, Adjunct Prof. and Executive Director of the Corporate Compliance Program, Fordham University School of Law, New York, New York, USA Program Chair & Moderator: Aaron Schildhaus, Founder, Law Offices of Aaron Schildhaus,

Washington, DC, USA and Buenos Aires, Argentina

Program Chair: Cyndee Todgham Cherniak, Founder, LexSage, Toronto, Ontario,

Canada

Speakers: Dr. Alix Frank-Thomasser, Partner, Alix Frank Rechtsanwälte GmbH,

Vienna, Austria

Adv. Daniel Reisner, Herzog, Fox and Neeman, Tel Aviv, Israel

Adv. Tzachi Shanny, Hewlett Packard, Israel

5:45 pm - 7:15 pm Hot Topics in International Commercial Insurance Dan Eilat Hotel, Tarshish Hall 2 Description: The panel will address current hot issues in the world of commercial insurance, including liability insurance for Cyber Attacks, Malfunctioning or Defective Products, Employment Practices, Mergers and Acquisitions, along with Governmental Investigations for Foreign Corrupt Practices and related activities. Special focus will be placed on: liability arising out of cyber attacks against Israeli companies and individuals; product liability claims in the US against Israeli manufactures; discrimination and harassment claims along with wage and hour disputes, for Israeli companies with US operations; the legal costs and liabilities associated with mergers and acquisitions by Israeli companies abroad; governmental oversight and enforcement actions, arising from Foreign Corrupt Practices Act and related global

legislation. Insurance for Product Liability, Employment Practices Liability, Cyber Liability, Mergers and Acquisitions Liability, and FCPA Investigative Costs will be explored. Program Chair & Moderator: Perry Granof, Managing Director, Granof International Group LLC,

Chicago, Illinois, USA

Speakers: Jack Flug, Managing Director, Marsh FINPRO, New York, New York,

USA

Sarah Goldstein, Partner, Kaufman Dolowich Voluck & Gonzo LLP,

Los Angeles, California, USA

Cary Lerman, Partner, Munger, Tolles & Olson, Los Angeles,

California, USA

Adv. Rachel Levitan, Levitan Sharon & Co., Tel Aviv, Israel

Adv. Shay Simkin, Howden Broking Group, Tel Aviv, Israel

EVENING RECEPTION To be announced. Tickets to this event can be purchased separately from your registration.

WEDNESDAY, MAY 29

9:00 am - 10:30 am International Intellectual Property and Dispute Resolution Update Dan Eilat Hotel, Tarshish Hall 2 Description: The biggest growth area in US-Israeli commerce is in the field of

intellectual property, as evidenced by recent acquisitions by American

companies of Israeli high-tech companies. At the same time, Israeli

companies involved in international commerce find themselves

increasingly involved in litigation before American courts. For

American and other non-Israeli companies entering the Israeli

marketplace, recent changes in Israeli law concerning international

agency relationships and the like pose new challenges. This panel

will focus on changes in American intellectual property law, with a

focus on the America Invents Act, as well as recent statutory changes

in Israeli law.

Program Chair: Adv. Eric Sherby, Sherby & Co., Advs., Ramat Gan, Israel

Speakers: Jeffrey Drake, Senior Attorney, Miller Canfield, Chicago, Illinois, USA

Adv. Benjamin Leventhal, Gideon Fisher & Co., Tel-Aviv, Israel

Jonathan Lux, Mediator, In Place of Strife, The Mediation Chambers, London, United Kingdom

David Zaslowsky, Partner, Baker & McKenzie LLP, New York, New York, USA

10:00 am - 12:00 pm Law and Government – Will the Two Go Together?

This program is being organized by the Israel Bar at the Royal Beach Hotel, Hadar and Hazait Room, and will be conducted in Hebrew, with simultaneous translation provided into English. Chair: Mr. Raviv Drucker, “Channel 10” Speakers: Knesset Member Limor Livantm, Minister of Culture and Sport, Chair, Committee on the Status of Women Adv. Israel Maimon, former Cabinet Secretary of Israel Adv. Eyal Yinon, Legal Advisor, Knesse Adv. Guy Rotkopf, Director General, Ministry of Justice Prof. Arye Carmon, President, Israel Democracy Institute Adv. Dori Klagsbald Adv. Dov Weissglass Adv. Yaron Festinger 10:45 am - 12:15 pm International White Collar/Corporate Criminal Activity: Prosecution and Defense of Charges Dan Eilat Hotel, Tarshish Hall 2

Description: This panel of practitioners will address the prosecution, defense, and

avoidance of charges in white collar/corporate and political corruption

cases in the U.S., Israel, Canada, and also in European countries with

civil law systems.

Cases with transnational aspects, such as allegations under the U.S.

Foreign Corrupt Practices Act, or various tax, banking or securities

statutes, will be a focus of discussion. Israeli lawyers will be asked to

describe Israel's unique method for investigating high profile cases of

prominent political leaders. U.S. lawyers will contrast this with grand

jury investigations and indictments of elected or appointed public

officials.

Recognizing that less than one percent of all indicted federal criminal

defendants secure acquittals through a trial, that over ninety-five

percent of convictions in federal cases result from pleas of guilty, and

that the high profile Arthur Anderson case illustrates how a company

may be destroyed by a criminal prosecution and trial, panelists will

discuss whether a "deferred prosecution" agreement should be a

preferred alternative for some accused corporations.

Program Chairs& Speakers: Aaron Schildhaus, Founder, Law Offices of Aaron Schildhaus,

Washington, DC, USA and Buenos Aires, Argentina

Robert Weinberg, Immediate Past President, American Association of Jewish Lawyers and Jurists, Washington, DC, USA Speakers:

Professor Kenneth Mann, Libai, Mann & Co., Advocates, Tel Aviv,

Israel

Nathan Lewin, Founder, Lewin & Lewin, LLP, Washington, DC,

USA12:15 pm -

12:30pm – 2:00pm The Second Tirkel Committee Report – Interrogation Violations of War Crimes in Israel This program is being organized by the Israel Bar at the Royal Beach Hotel, Hazait Room, and will be conducted in Hebrew, with simultaneous translation provided into English.

Chair: Chief Justice (ret.) Jacob Turkel, Supreme Court of Israel Speakers: Major General (ret.) Avichai Mandelblit, former Chief Military Advocate General Adv. Roy Schondorf, Head of the Departments for Special Operations, State Attorney Dr. Amichai Cohen, Law faculty, Ono Academic College and the Israel Democracy Institute Adv. Jessica Montell, Executive Director, “B’Tselem” Adv. Hoshia Gottlibe, Turkel Commission Coordinator 2:00 pm – 3:15 pm LUNCH BREAK Lunch will be held on your own. 3:15 pm – 4:00 pm NETWORKING BREAK Dan Eilat Hotel

4:00 pm – 5:30 pm A Conversation among Insolvency Professionals: The impact of Insolvency Remedies on International Business and Technology Dan Eilat Hotel, Tarshish Hall 2

Description: This program features recognized experts in debtor creditor law, with international experience who will share observations regarding how the lawyers in the high tech industry sector best protect their clients' interests and best respond to distressed debtor crises. They will engage in an informal exchange of ideas and invite active participation from the audience in both Hebrew and English. Program Chair & Moderator: Michael Traison, Principal, Miller Canfield, Chicago, Illinois, USA

Speakers: Michael Baigel, Senior Manager, Farber Financial Group, Toronto,

Ontario, Canada

Adv. Orly Guy, Guy, Bachar and Co, Tel Aviv, Israel

Adv. Rani Haj-Yahia, Gornitzky & Co., Tel Aviv, Israel

S. Richard Orzy, Partner, Co-Head of Restructuring and Insolvency,

Bennett Jones LLP, Toronto, Ontario, Canada

6:00 pm – 7:30 pm A Discussion with Former Ministers of Justice of Israel This program is being organized by the Israel Bar at the Herods Hotel, Kings Room, and will be conducted in Hebrew, with simultaneous translation provided into English. Moderator: Adv. Dana Weiss, Channel 2 News Speakers: Ms. Tzipi Livni Mr. Moshe Nissim Mr. Dan Meridor Mr. David Libai Mr. Tzachi Hanegbi Mr. Yossi Beilin Mr. Meir Sheetrit Mr. Haim Ramon Mr. Daniel Friedman Mr. Yaakov Neeman 9:00 pm CLOSING RECEPTION Lawns of the Sport Hotel The conference will conclude with a concert by Shlomi Shabbat Tickets to the Closing Reception are included in your registration.

Agenda is current as of May 9, 2013 and is subject to change.

The Registration /Information Desk is located in the lobby of the Dan Eilat Hotel.