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Conference Program
Wednesday, 29 October 2008
8:00 am Registration and Coffee Texas Ballroom Foyer
8:25 am
Welcome and Introduction Texas Ballroom V-VII
Dave Faure,
Chairman, IADC Contracts Committee; Associate General Counsel, Transocean
Insurance Issues
8:30 am Don't
Take "No" for an Answer: a Policyholder’s Rights when Dealing with a
Recalcitrant Insurance Company with Respect to Insurance Coverage: Wayne Pickering, Partner,
Fowler Rodriguez Valdes-Fauli
A
discussion of recent insurance decisions by various appellate courts in four
areas of insurance law of universal interest to policyholders highlight the
fundamental rights that a policyholder has with respect to its liability
insurance coverage. Included in the presentation will be: (1) developments in
the law regarding an insured party's right to a defense where not all
allegations in a lawsuit may be covered; (2) the requirement that an insurer
must show actual prejudice when it tries to deny coverage on the basis of a
failure to receive timely notice of a claim; (3) the limitations on an insurance
company's rights to seek reimbursement from its insured of monies paid in
settlement where a claim is defended under a reservation of rights letter; and
(4) recent developments in the law pertaining to contractual indemnity duties
and obligations, both from the perspective of the insurance company and the
insured party.
9:15 am Update
on Energy Market Place - 2008:
Robert B. Hixon,
Chairman of the Executive Committee & Managing Director, John L. Wortham & Son LP
The claims that the London market place has
sustained in 2008 from blowouts, explosions, and Gulf of Mexico windstorm events
coupled with the continuing legacy claims from Rita and Katrina will determine
the appetite for capital providers to continue. The higher cost of reinsurance,
the higher deductibles, and the reduction in coverage mandate that underwriting
disciplines have the premium levels pegged to an adequate return on investment.
Additionally the continued pressure to reduce premiums after the increases after
2005 have further strained underwriting groups to have the pricing model in line
with return expectations. What is the current state of the market? And how
will the market react to current conditions?
10:00 am Coffee Break
Texas Ballroom Foyer
10:15 am What English Law Means for
the Scope of Your Indemnities & Their Interaction with Insurance Provisions:
Jeremy Farr, Partner, Ince &
Co.
A discussion of how conduct such as negligence,
gross negligence and willful misconduct are dealt with under English Law
indemnity provisions, the extent to which indemnities will be enforced, and the
traps for the unwary in defining the relationship between contractual indemnity
and insurance provisions.
11:00 am The State of
Regulatory Affairs: Alan Spackman,
Director-Offshore Technical & Regulatory Affairs, IADC
Review of national and
international regulatory initiatives impacting MODU operations.
11:30 pm Luncheon
Water Court Room Sponsored by John L. Wortham & Son LP
Indemnity, Governing
Law, Dispute Resolution & Mutual Hold Harmless
12:30 pm So, You Thought You Had a
Valid Indemnity Agreement? Not in Some States:
Marvin Moos, Ebanks, Smith & Carlson
Oilfield Anti-Indemnity
Statutes in Texas, Louisiana, New Mexico and Wyoming severely restrict the
amount and type of indemnity permissible for drilling contracts. Before
agreeing to a contract enforceable under the laws of these states, be aware of
the risks associated with anti-indemnity statutes. This presentation will
highlight the problems and relative risks posed if one contracts in these
venues.
1:15 pm Contract in Haste, Repent at
Leisure - Agreeing & Drafting Effective Choice of Law & Dispute Resolution
Provisions:
Peter Cassidy, Partner, Pinsent Masons
Oil & gas developments are
carried out across the globe by participants from many different jurisdictions.
This creates challenges not least in agreeing the governing law of any
particular contract and how disputes are to be resolved.
2:00 pm The Good, The Bad, & The
Ugly of Mutual Hold Harmless Agreements: Christopher Evans, Partner, &
F. Lee Butler, Partner, Adams and Reese LLP
A brief review of IADC
indemnity language to provide context for pros and cons. Provides an overview
of positive aspects of mutual indemnity agreement including reduced costs,
intangible benefits of cooperation and anticipate and plan for risk and other
positives. Negative aspects of mutual hold harmless agreements pay damages even
though not responsible, dealing with another party’s claims, no guarantee of
resolution - La Anti Indemnity Act, and problems if insurance does not match
indemnity. Also includes a brief summary of new cases dealing with mutual
indemnity.
2:45 pm Coffee Break
Texas Ballroom Foyer
International & Shipyard
Contracts
3:00 pm
The Advent of National Oil
Companies: Risks, Opportunities, Idiosyncrasies & Practical Tips on Contract
Negotiations & Contract Management:
Alex Cestero, Deputy General
Counsel, Business Affairs, Derek Anchondo, Kinga Doris, Pride International Inc.
Key background history and
statistics on the worldwide NOC footprint, as well as insights through combined
experience relating to NOC contract negotiation strategies, cultural and
political considerations and overall client and relationship management.
Additionally, the presentation provides a rational framework to deal with the
continuous cost/benefit analysis drillers must undergo when evaluating short and
long term legal and contractual arrangements with NOC’s. Select “war stories”
will also be given reflective of the authors’ experiences at Pride and
elsewhere.
4:30 pm Hoping for the Best, But Planning for the Worst:
Remedies in Rig Construction/Shipyard Contracts: Derrick Carson & Philip Eisenberg, Locke Lord
Bissell & Liddell LLP
As with the construction project itself,
careful consideration up front can save you time and money later on. The time
for developing a plan for dealing with your builder's insolvency, delay, or
defective construction is not when those unfortunate events occur. It's in the
contract drafting stage. This presentation will cover common and "outside the
box" remedies, including extra-contractual remedies, which you should
consider for your next rig construction or shipbuilding contract.
5:15 pm Closing Remarks
Welcoming Reception
Water Court Room
Sponsored by
Ebanks Taylor Horne L.L.P.
Thursday, 30 October 2008
8:00 am Registration and
Coffee Texas Ballroom
Foyer Sponsored by Fowler Rodriguez Valdes-Fauli
Ethics, Anti-corruption and the
Foreign Corrupt Practices Act
8:30 am Doing Business Ethically
Without Going Broke: Practical Aspects of the Foreign Corrupt Practices Act: Mary Shaddock Jones,
Assistant General Counsel and Director of Insurance, Global Industries
Offshore, LLC
Confused by what is actually
required to satisfy the apparent burden of proof embedded in Foreign Corrupt
Practices Act? Join the crowd. This presentation will explore the practical
aspects with complying with the Foreign Corrupt Practices Act from a corporate
point of view.
9:15 am Anti-bribery Provisions for
Agent Agreements:
Elizabeth Wright, Senior Securities and Compliance Counsel, Brady
Long, Pride International Inc.
Review and discussion of the
standard anti-bribery provisions in Pride International Inc.'s form agreement
with its third party agents. Pride recently developed these form provisions
with the assistance of several law firms and entered into approximately 60
agreements with its agents in the last year. The discussion will cover the
substance of the provisions, general responses from Pride's agents, suggested
alternative language for certain sections and the process by which Pride was
able to ensure all its third party agents had entered into agreements with
appropriate antibribery language.
9:45 am
Coffee Break
Texas Ballroom Foyer
Sponsored by Fowler Rodriguez Valdes-Fauli
Compliance
10:00 am The Structure and Management of a Global
Compliance Program: Mike Munro, Chief Compliance
Officer, Transocean
Compliance
programs are continuing to be developed based on a wide variety of factors
including the U.S. Sentencing Guidelines and input from third parties such as
law firms, consultants and government appointed compliance monitors. This
presentation will focus on the specific/necessary elements of a global
compliance program while emphasizing that fact that how companies develop and
communicate their program greatly impacts the perceived and actual effectiveness
of the program.
10:30 am International Regulatory Compliance Issues in
Drilling Contracts: Thad McBride, Attorney,
Fulbright & Jaworski LLP
The U.S. and other governments are vigorously
enforcing laws relating to export and import controls, economic sanctions and
embargoes, and anti-corruption. Drilling contractors need to understand what
their obligations are under these complicated laws, particularly laws imposed by
the United States. The presentation will include an overview of certain laws in
this area, and highlight contract provisions and other steps drilling
contractors should consider to protect against problems.
11:00 am Compliance Panel
Moderator: Brady Long, Chief Compliance Officer & Deputy General Counsel, Pride
International Inc.
A panel of esteemed experts
cover current issues affecting contracts & risk management. Includes compliance
training done game show style. It will show participants how field personnel
can learn FCPA and actually pay attention.
- Tom Stillwell, Steve
Roberts, Sutherland, Asbill and Brennan LLP
- Mary Shaddock Jones,
Global Industries Offshore, LLC
- Elizabeth Wright, Pride
International, Inc.
- Mike Munro, Transocean
- Thad McBride, Fulbright &
Jaworski LLP
12:00 pm Adjournment
Dave Faure, Chairman, IADC
Contracts Committee; Associate General Counsel, Transocean
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SPONSOR OPPORTUNITIES
Sponsorship opportunities are available!
For
more information please contact
Stephanie Murphy at +1-713-292-1945 or
stephanie.murphy@iadc.org. |
Program Committee
Bob Blair, Diamond Offshore
Drilling Inc.
Rosana Bryant, Pride
International Inc.
John Buvens, Rowan Companies
Inc.
Dave Faure, Transocean
Brady Long, Pride International
Inc.
Jason McFarland, IADC
Cary Moomjian, ENSCO
International Inc.
Ernie Nelson, Nabors Drilling
USA L.P.
Mike Roth, ENSCO International
Inc.
Jeff Todish, Hercules Drilling
Company
Shawn Vigeant, Pride
International Inc.
Hotel Information
Please make your room reservations directly with
the hotel.
Please be sure to
mention IADC to obtain discounted rate.
Omni Houston Hotel Westside
13210 Katy Freeway
Houston, Texas 77079
Phone: 1-281-558-8338 Fax: 1-281-558-4028
Room Rates: $150.00 per night (single or double)
Rates available until 13 October 2008.
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