Agenda

November 14, 2019

12:00 PM - 1:00 PM | Welcome lunch



1:00 PM - 1:05 PM | Welcome from Butterfield Group


Michael Neff - Butterfield Group

1:05 PM - 1:15 PM | Opening remarks


Basil Zirinis - Sullivan & Cromwell
Clare Maurice - Maurice Turnor Gardner LLP

1:15 PM - 2:15 PM | Opening Keynote: The Second Renaissance For Private Client Lawyers

Opening the Forum, Professor Ian Goldin will take us on a journey comparing the present day to the Renaissance as another “rare moment of flourishing genius and risk.” As the future will be characterisied by shock, the only way to “fashion our own golden age” is to not only expect further shock, but to wholeheartedly embrace it.  

Ian Goldin - The University of Oxford

2:15 PM - 2:55 PM | Hide and seek: Gathering (and protecting) information in international estate and trust litigation

  • Measures and tactics regarding the information gathering process in international estate and trust litigation.
  • The clash of different discovery systems as a challenge for gaining access to documents.
  • Potential hurdles for the enforcement of information rights in an international context.
  • Multi-jurisdictional analysis of legal privilege: a minefield when transmitting and using information.

Tina Wüstemann - Bär & Karrer
Rachael Reynolds - Ogier
Fozeia Rana-Fahy - MJM Barristers & Lawyers

2:55 PM - 3:30 PM | The New Generation : Understanding and advising

Modifying your advice with the New Generation versus the traditional “wealth generator,” considering:

  • The New Generation’s relationship with money, tax and investments (the morality of wealth in 2019)
  • Allowing for flexibility in structuring and introducing mechanisms to enable the New Generation to “buy in,” including ring fencing assets and allocating unique roles
  • Understanding the all-encompassing term “New Generation,” which surpasses “millennials” and introduces the impact of non-traditional family structures on planning
     

Piers Barclay - Macfarlanes
Beatrice Puoti - Burges Salmon
Hayden Bailey - Boodle Hatfield
Lester Huang - P.C. Woo & Co
Lee Bijoux - BDO

3:30 PM - 3:50 PM | Coffee break



3:50 PM - 4:30 PM | The Hostile Trade War is heating up - Tax and Regulatory Competition: What lies below the visible iceberg?

The EU tax blacklist shows the growing tension amongst the supranationals and powerful countries competing to control globalisation. OECD’s consensual and cooperative approach is giving way to a more unilateral and hard edged approach by those able to dictate rules to others.  Rule of law, sovereignty and the (pretence?) of a level playing field are under threat. How will all of this affect industry and small financial centres as tax and regulation becomes the new warfare?  The panel will look at progress on public registers, DAC 6 and prospects for global minimum corporate tax rates to stimulate an interactive discussion on the forces shaping the future of our world. The panel welcomes your views and questions.


Richard Hay - Stikeman Elliott
Alec Anderson - Conyers Dill & Pearman
Paul Hodgson - Butterfield Trust (Guernsey)
Lisa Springate - Jersey Finance

4:30 PM - 5:15 PM | I’d rather be at the Villa d’Este: Part II

You can never predict what a crisis could look like – from the sudden death or incapacity of a key family member, to kidnapping, imprisonment, political upheaval, natural disaster or financial meltdown.  How do you plan for the unknown?

  • Preparing a decision making plan: Whatever crisis strikes, the family needs to know who is responsible for making decisions, and who to call
  • Having a properly prepared trust and corporate structure: How much emergency flexibility can you build into a trust?  Are there enough directors to make good decisions without key family representatives?
  • Information management: Where are important documents kept?  What is the impact of CRS, open registers and other information exchange treaties? Will information be shared with hostile authorities, or available to kidnappers?
  • A flee plan for the family

Arabella Murphy - Maurice Turnor Gardner
Richard Wilson QC - Serle Court
Dan Lindley - Northern Trust

5:15 PM - 6:15 PM | Breakout Discussion: How will International Financial Centres evolve in the next decade? Will Millennials and Gen Z want to use them?

The session will examine the trends likely to shape IFCs going forward, including: 

  • Changes in clients’ geographies and profiles – how do millennials and Gen Z fit?
  • What will be the IFCs’ value proposition? Will financial services remain core? What kind of new services are likely to start being provided? Will some services cease to be provided? Any generational shifts already having an impact?
  • In what new ways will digitalisation affect IFCs?
  • In terms of risk management, what new or growing areas of risk are IFCs likely to face?
  • What are the opportunities? And the potential pitfalls?
  • Do you think IFCs face a real risk of extinction? If so, who/what would replace them?

Patricia Garcia - Avantia Asesoramiento Fiscal Y Legal, S.L.
Rupert Phelps - Smith & Williamson
Joshua Rubenstein - Katten Muchin Rosenman

5:15 PM - 6:15 PM | Breakout Discussion: The Professionalisation of Wealth: Global Evolution of the Single Family Office

The family office arena is evolving.  With educating and motivating the next generation as one of the top strategic challenges of leading a single family office in 2019, how does this impact the client-adviser relationship?  What are the other challenges being faced and what needs to be a part of your future tool kit?


David Bowen - Deloitte
Charlotte Thorne - Capital Generation Partners

5:15 PM - 6:15 PM | Breakout Discussion: Recognising cultural differences in wealth transfer

  • The impact of religion
  • The impact of the industrial traditions of the involved countries
  • The impact of the role of the patriarch and matriarch in the society
  • The impact of forced heirship rights
  • The culture of having pre- and post-nups

 


Christian von Oertzen - Flick Gocke Schaumburg
Vikna Rajah - Rajah & Tann
Astrid Owen - McDermott Will & Emery

5:15 PM - 6:15 PM | Breakout Discussion: Hero to Zero – How do the Mighty Fall?

  • Helping your clients avoid or deal with threats to their reputations, privacy, confidentiality and security.
  • What are the prevalent threats to four assets your clients value very highly: their reputations, privacy, confidentiality and security?
  • This will be a war story-style session, covering topics such as: hostile media investigations and legacy coverage; data breach and loss; failures of due diligence; breaches of personal privacy; insider threats; activism; smear campaigns when disputes get nasty; compliance and on-boarding problems; and security threats, including harassment, stalking and extortion.  

Tim Robinson CBE - Schillings

6:00 PM - 7:00 PM | Close of Day One sessions



7:00 PM - 8:00 PM | Welcome drinks reception



8:00 PM - 10:00 PM | Villa d’Este welcome dinner



November 15, 2019

8:45 AM - 9:00 AM | Welcome comments from the Co-Chairs


Basil Zirinis - Sullivan & Cromwell
Clare Maurice - Maurice Turnor Gardner LLP

9:00 AM - 10:00 AM | Keynote: The Rise of Global Populism and Cyber Conflict: Two Trends that are Rewiring the World and the Boardroom


David Sanger - Author and Journalist

10:00 AM - 10:40 AM | Peace and war: Building and destroying trusts and foundations

 Panellists in the “red corner” will respond to the demands of a client in relation to his wealth structuring. The “blue corner” panellists will then seek to attack each proposal as the planning evolves, covering Red Cross trusts, reserved powers, protectors and forfeiture clauses. 

 


Raul-Angelo Papotti - Chiomenti
Elspeth Talbot Rice QC - XXIV Old Buildings
Johannes Gasser - Gasser Partner Rechtsanwälte
Sarah vonSchmidt - Farrer & Co LLP

10:40 AM - 11:10 AM | Coffee break



11:10 AM - 11:50 AM | The impact of emerging non-traditional families and of biological science

  • Emerging family assemblages in search of recognition
  • Biological science and the impact of surrogacy and donors
  • Conception after death & genetic material use: Immortality, transhumanism, genetic modifications and implants
  • Who’s the Daddy?
  • Advising the client, including how to overcome outdated language which ignores modern realities

Alain Nijs - NijsDraye
Dean Berry - Cadwalader, Wickersham & Taft LLP
Jeremy Kosky - Clifford Chance LLP
Sonia Velasco - Cuatrecasas

11:50 AM - 12:30 PM | Criminalisation of the private client world

The world has changed exponentially. Clients, trustees and advisors now find themselves exposed to criminal prosecution for acts that in the past were acceptable, but in 2019 have now been criminalised. What are the tax and money laundering traps that we should all be aware of and how do you make sure you do not to fall into them?


Philippe Pulfer - Walder Wyss Ltd
Marco Cerrato - Maisto e Associati
Ben Rose - Hickman Rose

12:30 PM - 1:30 PM | Breakout Discussion: Privacy in Legal Proceedings

  • “Publicity is the very soul of justice.” But is it? 
  • Scott v Scott (1913)
  • The Sherborne School defamation case (1889)
  • Arbitration as an alternative
  • Anonymisation of reporting
  • Public interest and public prurience
  • Technology and the Right To Be Forgotten
  • Tax planning: MN v OP 
  • Has the English court gone wrong? Opportunities for the offshore jurisdictions

Gilead Cooper QC - Wilberforce Chambers
Keith Robinson - Carey Olsen Bermuda

12:30 PM - 1:30 PM | Breakout Discussion: Structuring investments in emerging countries: Promotion and protection arising from Bilateral Investment Treaties and local law

  • Problems of the traditional model of Bilateral Investment Treaties: promotion or protection of the investment?
  • Promoting investments: in what way liberal governments of emerging countries are shifting perspective and attracting investments 
  • The investor´s perspective: Structuring an investment to maximize protection in emerging countries
  • The invested side: How emerging countries may benefit from the Cooperation and Facilitation Investment Agreement model

Alessandro Amadeu da Fonseca - Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados
Steve Sokic - IQ-EQ
Piers Master - Charles Russell Speechlys LLP

12:30 PM - 1:30 PM | Breakout Discussion: The role of asset holding structures (including trusts and foundations) and nuptial agreements in the cross-border divorce world

Divorce is one of the hidden dangers for the UHNW individuals. How can they protect themselves from the danger that is closest to them? A discussion of the effectiveness of asset holding structures, nuptial agreements and firewalls. What drafting points should be considered when setting up structures with this danger in mind?

Alex Carruthers - HUGHES FOWLER CARRUTHERS
James Campbell - Ogier

12:30 PM - 1:30 PM | Breakout Discussion: In discussion with... Our keynote speaker, David Sanger

This breakout is an interactive discussion with David Sanger, author and journalist, on: "The Rise of Global Populism and Cyber Conflict."


Michael Neff - Butterfield Group
David Sanger - Author and Journalist

1:30 PM - 2:30 PM | Lunch



2:30 PM - 7:00 PM | Leisure activities



7:00 PM - 7:45 PM | Villa d’Este Champagne reception



7:45 PM - 10:00 PM | Villa d’Este Gala Dinner



November 16, 2019

10:30 AM - 12:00 PM | The Bloody Mary breakfast session

Our forum closes with a lively session inviting all to participate.

Shan, Jonathan and Mark will use their forensic skills to laser in on the hottest topics which have been debated over the last couple of days.  For those who have not had the opportunity to contribute to the debate, now is your chance to get it off your chest.  Tell us what you really think – no holds barred!  And if you consider important subjects have been missed off the agenda, tell us.


Jonathan Speck - Mourant Ozannes
Shan Warnock-Smith Q.C. - 5Stone Buildings/ICT Chambers
Mark Barmes - Lenz & Staehelin

12:00 PM - 1:00 PM | Closing comments and lunch


Basil Zirinis - Sullivan & Cromwell
Clare Maurice - Maurice Turnor Gardner LLP

*Draft Agenda: Agenda may be subject to change.