International Law Section

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Note from the Editor

On behalf of the Executive Committee of the International Law Section, I wish you all a wonderful holiday season and a Happy New Year with this last monthly newsletter of 2014!

While we all look back on 2014, we want to thank our membership for a great year, and give special thanks to all of you that have contributed to the section in so many different ways this past year.  We can all look back with satisfaction on the many accomplishments and successful programs that the teams have worked hard to put together. Looking forward to 2015, the ILS Executive Committee members, under the dynamic leadership of new ILS Chair Brian Arbetter, met in person in Newport Beach earlier this month to connect as a team and begin to plan out what should be another great year.  Please enjoy the pictures of the event below!

As always, this publication gives you an overview of all the upcoming programs, webinars, and co-sponsored events. Please also do not forget to take advantage of your complimentary 6 Hours of Self-Study.

We also wanted to remind you that the deadline for submission of an article to The California International Law Journal is extended to December 31, 2014. The focus of the next edition is exclusively on issues related to public international law, including international human rights.

Last but not least, I want to encourage you to connect with our members and advisors and become actively involved, perhaps in the development of programs or to submit short articles, newsflashes, or a Note From Abroad.  A special thank you this month goes to International Law Section member Greg Berk for submitting a news update on the recent visa deal between the U.S. and China.

We hope you enjoyed this past year as a member of the International Law Section and hope to welcome you back in the new year!

Sincerely,
Diana Mack's Signature
Editor

6 Hours of Self-Study CLE in the Specialty Areas -- Complimentary for Members of the International Law Section!

As a 2014 benefit of Section membership, we are pleased to offer six hours of MCLE credit, offering credit in all of the MCLE subfields.

The Section thanks you for your membership!If you were purchasing these courses individually in our Online Catalog, they would cost $210 -- so that's your Section membership more than paid for, and then some!

Just watch these programs, and keep a record of having done so in the event you're audited for MCLE compliance.

You can access these programs and the accompanying written materials any time this year in the Members Only Area.

Elimination of Bias in the Legal Profession

  • Navigating Diversity

Detection and Prevention of Substance Abuse and Emotional Distress

  • Coping with the Unique Challenges of Legal Practice

Legal Ethics

  • Avoiding the State Bar Disciplinary System    
  • Client Trust Accounting Fundamentals
  • Ethical Implications for Lawyers in Cyberspace and Social Media
  • Ethics and Civility: Want an Extension? Forget about It!

Connect with Us on LinkedIn, Facebook and Twitter

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The International Law Section is now on LinkedIn. Please join the International Law Section LinkedIn Group at http://www.calbar.org/
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. Connect with us today and also share our new LinkedIn Group with your LinkedIn connections.

In addition to LinkedIn, the International Law Section also has its own presence on both Facebook at http://www.facebook.com/CalbarILS and Twitter at https://twitter.com/CalbarILS. For the latest cutting-edge information and news from the International Law Section, connect with us on social media!

Spotlight on Bora P. Rawcliffe

Bora P. RawcliffeEarlier this month, Bora P. Rawcliffe was appointed as the California Young Lawyers Association’s liaison to the International Law Section.  Ms. Rawcliffe is a CYLA Board Member and an attorney at Sheppard Mullin Richter & Hampton where her practice focuses on international anti-corruption investigations and compliance.  The purpose of the liaison program between CYLA and ILS is twofold: (1) to increase young lawyer participation in the International Law Section and (2) to inform young lawyers of educational, career, and networking opportunities in international law.  CYLA is the nation’s largest association of young lawyers and its mission is to offer young lawyers opportunities for involvement and education in the legal profession.

Upcoming Events

Webinars

Webinar: Avoiding Substance-Related and Addictive Disorders While Balancing the Social And Cultural Use of Alcohol In International Business

Wednesday, April 8, 2015, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit including 1 hour Competency Issues (formerly Detection/Prevention of Substance Abuse). You must register in advance in order to participate.

This webinar will explore differences in business cultures and customs around the world as to their use of alcohol in business. The webinar will also discuss how to succeed in different cultural situations including if you do not drink alcohol. The use of alcohol with business raises serious issues of avoiding Substance-Related and Addictive Disorders. A substance abuse expert will also discuss issues of concern with respect to different cultural practices and customs. Substance-Related and Addictive Disorders are a significant problem in the legal profession that can be compounded with international travel and business.

Speakers:

  • Zacharias J. Beckman, Hyrax LLC
  • Kimberly Wick

Moderator: Jeffery J. Daar, Daar & Newman P.C.

Webinar: Transfer Pricing: Basics for the International Practitioners

Tuesday, April 21, 2015, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Transfer pricing is the hottest audit topic of tax risk managers today. Compliance with transfer pricing rules is an inescapable part of doing business internationally. The OECD enabled collaborative effort against Base Erosion and Profit Shifting (BEPS), with participation by the revenue departments from developed, emerging, and lesser developed countries, is about to raise the bar considerably in each country wherein a company has business interests. Each country will be given the tools to take its piece of the pie, adding audit risk and resource costs for the tax risk management department.

Transfer prices are any prices or other consideration (or the absence thereof) with respect to a transaction between commonly controlled enterprises, typically located in different countries, whether the prices comply with the U.S. and foreign rules for transfer pricing almost universally based on the arm's length principle or are subject to adjustment because they deviate from it.

The term "transfer pricing" includes any types of consideration in transactions between related parties: prices for finished goods, components, raw material or other tangible property (which may or may not embody intangibles); charges for services; royalties for the use of intangibles; consideration for the assignment of intangibles; rents for the use of property; interest and other payments for the use of money, etc. Thus, for example, royalties for the use of patents, trademarks and other intangibles are transfer prices to the same extent as are prices for finished goods. In addition, a cost sharing arrangement for the joint development of intangibles serves the same function as transfer pricing.

Prof. William H. Byrnes will provide a basic overview of transfer pricing compliance considerations, including identifying areas of concern within a corporate group, an overview of methodologies, documentation requirements, and developments within the IRS transfer pricing audit process. Prof. Byrnes will provide insight about the U.S. transfer pricing regime and the new foreign compliance burdens that the OECD and the EU are pushing (BEPS & State Aid).

Speaker: Prof. William H. Byrnes, Six Lexis international tax compendia, Kluwer company law and trust law compendia, three National Underwriter's Tax Facts books

Webinar: Aerospace, Defense and Export Controls – A Regulatory Minefield

Wednesday, April 29, 2015, 12:30 p.m. - 1:30 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

The following topics will be discussed:

  • What is an export?
  • What is controlled for export?
    • Overview of controls
    • ITAR controls:
      • Registration
      • Licenses, exemptions and timelines
    • EAR controls
      • Licenses, exceptions and timelines
  • Export Control Reform
  • Enforcement
  • Voluntary disclosures
  • Other export concerns - screening, FCPA
  • Internal controls
  • Practice tips and examples.

Speakers:

  • Margrette Francisco
  • Bruce Leeds

The International Law Section will team with the Litigation Section for the 26th anniversary of A Week in Legal London April 19-24, 2015

A Week in Legal London Building on the Section’s relationship with the Law Society of England and Wales, the International Law Section is collaborating with the Litigation Section to establish our presence as part of "A Week in Legal London" program scheduled April 19-24, 2015. The program is in its 26th year. The opening of this exciting program will be with The Right Honorable The Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales, who will welcome The State Bar of California to the Royal Courts of Justice on Monday morning. We are the guests of the Lord Chief Justice during our week in England. The Supreme Court will be in session while we are in London, and on Wednesday the President (Chief Justice), Lord Neuberger of Abbotsbury, currently Master of the Rolls, will welcome us to his court, and discuss the new Supreme Court's purpose and function. Also arranged are Supreme Court Justices to meet individually with small groups. International Law Section envoy for this first-ever joint jump across the pond, and in the banner year celebrating the 800th Anniversary of Magna Carta, is Executive Committee member Alexandra Darraby.

One trip earns all 3 years of MCLE credit!  Space is limited to 60, and guests of attorneys are welcome, and separate events and programming are planned for them.  If you are interested in reserving space, contact Michelle McFadden at legalllondon@mosaicevents.com or (80) 278-3641, and for more information visit the website:  http://aweekinlegallondon.com.

Newsflash: U.S. and China Strike Visa Deal

by Greg Berk

The United States and China announced an agreement last month, whereby visitors to both countries will now be able to apply for 10-year multiple entry visas.  Previously, visitors to both countries could only apply for visas for up to one year. This was especially burdensome to frequent business travelers. 

The agreement also now gives students and scholars a 5-year multiple entry visa.The agreement became effective on November 12, 2014. 

Individuals with existing visas will still be bound by the expirations on those visas, but can apply for a new one. 

For more details on the agreement, see the U.S. State Department FAQ’s at:  http://travel.state.gov/content/visas/english/general/us-china-agree-to-extend-visas.html

Submitted by Greg Berk.

Recent Events

ILS Executive Committee Strategy Long Range Planning Meeting in Newport Beach, December 5-6, 2014

The Executive Committee held its annual Strategy Long Range Planning retreat at the Hyatt Regency Newport Beach on December 5 and 6, 2014.  Executive members and advisors discussed future live programs, webinars, networking mixers, and other exciting events you don’t want to miss in 2015.

Friday afternoon, ILS Chair Brian Arbetter also surprised the new group with an exciting team-building exercise, a scavenger hunt across the beautiful premises of the resort. We ventured through treacherous terrain, decoded secret messages, and researched local history. All ILS members and advisors survived! The event was followed by a reception and dinner under Newport’s clear sky.

Horsing around in Newport Beach Advantage Art Aficionado Alexandra.

"Horsing Around": Karla Haynes, Alexandra S.Darraby, Miwa Shoda, Enrique Hernandez conquer the playing field.

Advantage Art Aficionado Alexandra.



And the Scavenger Hunt survivors are (from left to right): Diana Mack (ExCom Secretary), Miwa Shoda (ExCom Advisor), Alexandra Darraby (ExCom Member), Will Pao (ExCom Member), Julie Martinez (ILS Coordinator), Bora Rawcliffe (CYLA liason), Enrique Hernandez (ExCom Treasurer), Anne Hocking (ExCom Member), Karla Haynes (ExCom Member), Lizbeth Flores (ExCom Member), Bill Gay (ExCom Member), Harumi Hata (ExCom Vice-Chair), Mark Danis (ExCom Member), Jeff Daar (Advisor Emeritus), Greg Berk (ExCom Member), Brian Arbetter (ExCom Chair), Mary Hansel (ExCom Member), Michael Newman (ExCom Member)

And the Scavenger Hunt survivors are (from left to right): Diana Mack (ExCom Secretary), Miwa Shoda (ExCom Advisor), Alexandra Darraby (ExCom Member), Will Pao (ExCom Member), Julie Martinez (ILS Coordinator), Bora Rawcliffe (CYLA liason), Enrique Hernandez (ExCom Treasurer), Anne Hocking (ExCom Member), Karla Haynes (ExCom Member), Lizbeth Flores (ExCom Member), Bill Gay (ExCom Member), Harumi Hata (ExCom Vice-Chair), Mark Danis (ExCom Member), Jeff Daar (Advisor Emeritus), Greg Berk (ExCom Member), Brian Arbetter (ExCom Chair), Mary Hansel (ExCom Member), Michael Newman (ExCom Member).
    

Dinner under the stars

Dinner under the stars.

Introduce Yourself to the Membership

Members are encouraged to introduce themselves and their areas of practice and/or service. Introductions will be included as received, subject to editing at the discretion of the Newsletter Editor and/or the State Bar. Send introductions in an e-mail to Diana Mack with "Spotlight" in the "Subject" line. Feel free to include a photo of yourself!

Get Involved with the International Law Section

The E-Media Committee is responsible for the Section's website, this E-Newsletter, and our Section's social media presence on Facebook and Twitter. Contact the Chair Diana Mack or Vice-Chair Pamela Fulmer.

The External Relationships Committee is responsible for the Section's relationships with foreign and domestic bar associations and other international law and business groups, including establishing new relationships. Contact the Co-Chair: Enrique Hernandez and Michael Newman.

The International Law Journal Committee is responsible for The California International Law Journal. The Committee Chair is the Editor-in-Chief, who is assisted by Co-Managing Editors and Associate Editors. Section members may seek appointment as Associate Editors. Contact the Chair and Editor-in-Chief: Will Pao.

The Law Student Outreach Committee is responsible for outreach to law students, including administering our Careers in International Law programs. Contact the Chair: Zahirah Mann.

The Programs Committee is responsible for the education programs and networking events for the Section. We welcome our section members to work with our Executive Committee to develop more webinar programs. If you wish to submit a proposal or have a question about any program, please contact Program Committee Chair William T. Gay. The content and the time of the program need to be approved by William T. Gay. All the webinar programs must meet MCLE program requirements. All the programs need to have international content. The content of the program should not be duplicative or conflicting with existing programs (for at least 6 months). The timing of the program should not be conflicting with any time slot of existing programs or black-out dates of state bar annual meeting.

Introducing the Public International Law (PIL) Committee: This new committee will focus on topics in public (vs. private) international law. We will develop Section programs and initiatives related to public international law, including international human rights, within California and worldwide.  At this early stage, we are looking for additional members and fresh ideas for PIL projects and activities. The PIL Committee will have monthly telephonic meetings. Contact the Chair: Mary Hansel.

Participation on one of our Committees is also a great way to determine if you would like to seek appointment to the Section's Executive Committee.

For more information about the International Law Section's activities, please see our website at http://international.calbar.ca.gov/ and our Facebook page at www.facebook.com/CALBARILS.

The California International Law Journal

California International Law Journal The next issue of the California International Law Journal will focus exclusively on issues related to public international law, including international human rights. As always, standard articles range from 15-25 pages, double-spaced. Short articles range from 4-8 pages, double-spaced. While most articles are geared toward practitioners and professionals, we also publish academic articles that may be of interest to our readers.

If you are interested in submitting an article on a public international law topic, please send us your proposed topic or manuscript by December 31, 2014 to cilj.submissions@gmail.com. If selected for publication, we will assign an editor to work with you on finalizing your article.

New! Advertisement Spaces Available

The California International Law Journal publishes two times a year and has a circulation of about 1,500 copies. The Spring/Summer 2014 issue is coming up, and there are advertisement spaces available for the businesses that would like to reach an audience of California lawyers who practices in various areas of international law. For a half-page ad, rates are as low as $300 per issue and $720 for three issues. If you or someone you know are interested in more information, please reach out to Ellie Kim or Julie Martinez.

Meet Your Executive Committee

The International Law Section is managed by its Executive Committee, which is comprised of individuals with a broad range of legal specialties who share a dedication to the expansion of cross-border and international practice. Contact information for our Officers, Members, Advisors, and Advisors Emeritus can be found HERE. For information on becoming a Member of the Executive Committee in the future, click HERE.

Online CLE for Participatory Credit - Available Anytime!

Online CLEInternational Law Section past programs are available over the internet for participatory MCLE credit. For the entire catalog of the International Law Section’s programs available for MCLE credit, please see online CLE and select International Law. Be sure to check out CLEtoGo if you're interested in downloadable podcasts.

Contact Us

International Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
ils@calbar.ca.gov

415-538-2380
FAX-415-538-2368

The International Law Section is a State Bar of California-approved MCLE provider.