ABA News

U.S. government officials, judges to speak at ABA Business Law meeting in Vancouver

Officials from the Department of Justice, Federal Trade Commission, federal judges, along with national and international business law experts will be among the more than 1,600 participants at the American Bar Association’s Business Law Section Spring Meeting to be held March 28-30 in Vancouver, British Columbia.

The conference will offer the expected 1,200 attendees from over 20 countries more than 80 CLE programs in all areas of business law.

Program highlights include:

• “The New NAFTA: What Does It Mean and What are the Implications for Cross-Border Transactions?” — This program will provide an explanation of the new NAFTA, the U.S.-Mexico-Canada agreement negotiated by President Donald Trump in September 2018. Panelists will analyze major changes in the new legislation, including in the areas of trade tariffs, dispute resolution and labor standards, and will discuss the implications on cross-border transactions.

• “California Consumer Privacy Act of 2018: New Standards and New Challenges” — The program will provide an overview of the California Consumer Privacy Act of 2018 (CCPA), focusing on the law’s scope, major requirements and related implementation issues. The program will address the rights and obligations established under the CCPA, the impact of the CCPA on multi-jurisdictional activity, penalties and damages issues, exceptions from CCPA requirements (including the GLBA exemption) and data breach provisions of CCPA. Speakers include Maureen Young, senior regulatory counsel, senior vice president, Bank of the West, San Francisco.

• “Critical Cybersecurity Compliance Issues for Canadian and U.S. Companies Operating Cross-Border” — This program will present key issues regarding cybersecurity and privacy regulations in Canada and the U.S. and best practices for cybersecurity and privacy compliance programs under applicable Canadian-U.S. laws. The focus will be on contrasting compliance practices under GDPR with recommended practices under the California Consumer Privacy Act and PIPEDA (Canada). Speakers include Michael McEvoy, information and privacy commissioner for British Columbia.

• “Crypto Asset Enforcement Actions: TKO for ICOS? Or Course Correction for a New Asset Class?” — Increasingly, enforcement actions are shaping the landscape for cryptocurrencies, token issuers and investors; money service businesses; and other participants in the crypto markets. This comprehensive review of the latest settlements, litigated case, and agency guidance draws upon recent developments to assess the state of the market.

• “The Law of Artificial Intelligence and Smart Machines” — The panel will discuss the domestic and international laws affecting business and government use of AI and the advancing rules of autonomous machines, including current tort, contract, IP and privacy law and speculation on the future effect of AI on the law.

• “Government Regulation of Blockchain – What, How and Why (Bother)?” — As blockchain becomes more prevalent in commerce, some jurisdictions are adopting laws and regulations that are friendly to blockchain users, while others are passing less friendly laws. The panel will explore what different governmental bodies are doing to restrict or encourage blockchain growth and the reasons behind these laws. Speakers include Amy Davine Kim, general counsel, Digital Chamber of Commerce, Washington, D.C.; Sarah Jane Hughes, University Scholar and Fellow in Commercial Law, University of Indiana, Bloomington; and Norma Krayem, chair, global cybersecurity and privacy policy and regulatory team, Holland & Knight; Washington, D.C.

• “Cashing in on Cannabis: Current Issues in Financing, Operations, Banking and Regulations in the Cannabis Industry, and a Comparative Analysis of the U.S. and Canadian Landscapes” — This panel will address the differences and similarities between Canadian and U.S. handling of cannabis businesses. The panel will also discuss financing, banking, investment and regulatory issues of cannabis business operations in Canada and the U.S. and take a hard look at the ethical issues encountered.

The complete schedule can be viewed online.

ABA conference explores legal issues related to America’s water supply

Current and former state and federal government officials will headline the 37th Annual Water Law Conference hosted by the American Bar Association Section of Environment, Energy and Resources March 26-27 at the Grand Hyatt Denver in Denver.

Program highlights include:

• “East, West, Colorado and the Colorado River” — This session will summarize the basics as well as provide informative updates on topics with potentially broad applicability in the era of increasing water demand and less-reliable water supplies. Panelists will consider the law governing the Colorado River and features of Colorado’s unique form of prior appropriation that provide a valuable model on several issues facing all prior appropriation states and states struggling with groundwater and stream water interactions.

• “Interstate Disputes/U.S. Supreme Court Case Update” — Over the past decade, the Supreme Court has accepted an increasing number of interstate lawsuits under the Court’s original and exclusive jurisdiction. While these cases pit one state against another, they take place within a wider context of state and federal regulation and litigation, including state administration and federal water-supply management. The panel will analyze three pending Supreme Court cases: Florida v. Georgia, an equitable apportionment case over surface water; Mississippi v. Tennessee, an equitable apportionment case over groundwater; and Texas v. New Mexico & Colorado, a case to enforce the Rio Grande Compact.

• “Impacts to Freshwater Resources from Drought and Sea-Level Rise” — Sea- level rise and drought are becoming major concerns to those dependent on groundwater or other freshwater resources. This panel will review the scientific issues and discuss the legal implications of dealing with gradual encroachment of saline water into aquifers providing fresh water for potable, agricultural and other uses vital to the public health, safety and welfare.
 

Colorado Attorney General Philip Weiser keynote speaker at ABA environment, energy conference

Colorado Attorney General Phil Weiser, U.S. Environmental Protection Agency Administrator Andrew Wheeler and Global Senior Director for Molson Coors Kim Marotta are among the speakers at the American Bar Association Section of Environment, Energy and Resources 48th Spring Conference on March 27-29 at the Grand Hyatt Denver in Denver.

Program highlights include:

• “PFAS: Impacting Site Remediation and Litigation for Years to Come?” — Per- and polyfluoroalkyl substances, better known as PFAS, are man-made chemicals that are widespread in drinking water. Used in a number of ordinary consumer products, including carpets, clothing, cookware, popcorn bags and dental floss, PFAS are now considered a health risk in fairly small amounts of water. The preferred methodologies to investigate and remediate these chemicals continue to be developed, and the regulations governing cleanup levels remain in flux at both the federal and state levels. Faced with these uncertainties, some companies have already paid hundreds of millions of dollars to resolve their potential liabilities.This session will explore the legal theories that drive PFAS litigation and discuss how lawyers can effectively advise their clients in due diligence and through the investigation and remediation process.

• “Turning Brownfields into Green Money: Creative Deals to Boost Contaminated Superfund Site Redevelopment and Streamline Cleanups” — Contaminated properties are often a drain on private and public finances, and it is typically many years before a site is repurposed for higher and better use.  Sophisticated investors who can assess and manage environmental risk see contaminated properties as profitmaking opportunities. Likewise, regulators and governments see financial incentives as a tool for expediting and improving contaminated site cleanups for public benefit. Attendees will learn how recent legal and policy developments, including the BUILD Act and relevant recommendations of the Environmental Protection Agency’s Superfund Task Force, may offer new options for the efficient cleanup and redevelopment of contaminated sites.

• “The New Cannabis Industry: Will It Cause the Environment to Go to Pot?” — Colorado, California and six other states have broad laws allowing recreational use of cannabis, and medical marijuana sales are now legal in 30 states, with more states likely to follow. This session will discuss federal and state regulation of cannabis, environmental and local permitting requirements and other issues related to the new “green” industry — marijuana.

A complete agenda can be found online.