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internationallawsection.org                                                              Monday, September 19, 2016
The International Law Section Gazette
Section News

ILS' Cooperation with the International Section of the New York Bar

On September 26, 2016, following the CLE event announced below, the ILS and the International Section of the New York State Bar will be signing a Memorandum of Understanding to formalize their ongoing cooperation efforts. "This Memorandum comes at the end of two years of growing informal cooperation. We look forward to further developing the relationship to take advantage of the natural synergies shared by our two organizations", commented Al Lindsay, Chair of the ILS.


The Florida Bar Journal

In addition to our own  International Law Quarterly (link to the latest issue), interested members may submit articles for publication in the ILS Column in the Florida Bar JournalThe page limit is 12 pages, double-spaced text and endnotes. The suggested font is no smaller than 12 for text and endnotes. Author bio s should include firm association, law degree, school, and areas of practice. Interested members may submit their articles to the Column Editor, Rafael Ribeiro (rafael.ribeiro@hoganlovells.com).


Follow the ILS on Social Media: New LinkedIn Group!

The International Law Section is social!  We have a brand new ILS LinkedIn GroupJoin the group today! View our profile on LinkedIn

Follow us also on Twitter  and like us on Facebook to keep up to date with the latest section, member and international law news!

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Upcoming Events

September 21, 2016
Ricardo Cata, mediator with Upchurch Watson White & Max, and Chair of the ILS Mediation Committee, will be presenting at a complimentary webinar on Diversity in Mediation: Domestic and International Challenges. The content of this Webinar is designed for Florida trial attorneys, paralegals and legal assistants, as well as dispute resolution professionals. The webinar is scheduled for September 21, 2016 from noon to 1 PM. To register for the webinar follow this link

September 26, 2016
Please join the New York State Bar AssociationInternational Section with the Florida Bar Association, International Law Section for a Special Ethics Panel that will be hosted at the Miami offices of Greenberg Traurig - 333 SE 2nd Ave. Suite 4400, Miami, 4-8 PMThis CLE-accredited program will focus on the implications of the recent decisions in Schoenefeld v. Schneiderman, No. 11-4283 (2d Cir., April 22, 2016) and Schoenefeld v. State, 25 N.Y.3d 22 (N.Y. 2015), which, collectively, require attorneys practicing in New York to maintain a physical office in the State This unprecedented panel includes the lead plaintiff, Ekaterina Schoenefeld, so you can hear directly from those involved in this interesting case. Al Lindsay, Chair of the ILS, will moderate the Panel. Click here to download the event flyer. Following the event, a Memorandum of Understanding will be signed by the two sections (see details above).

September 28, 2016
The Wilberforce Miami Seminar 2016 on " Litigating International Family Disputes - Attacking and Defending Offshore Family Wealth-Holding Structures" will be held on September 28, 2016, 4.30-6.15 PM at 1 SE 3rd Avenue, 10th Floor, Miami, FL 33131. For more information and to read the speakers' bio please refer to the event program. To register, you can email Janet Betancourt ( jbetancourt@aballi.com).

September 29 - October 1, 2016
The Centro de Arbitraje de la Industria de la Construcción (CAIC) organizes its  Simposio Latinoamericano de Arbitraje en la Industria de la Construcción in Ensenada, Baja California, Mexico. For more information, please refer to the event program. To register, visit CAIC's website.

September 30, 2016
Miami Law's International Arbitration Institute and MIAS present an International Arbitration Master Series Workshop, led by Jan Paulsson. This one-day extensive program trains practitioners in the art of effectively persuading a tribunal through proper witness preparation and cross-examination. The course provides practitioners, with a particular interest in international arbitration, an opportunity for in-depth training in international arbitration. More information available on the International Arbitration Institute's website


September 30 - October 2, 2016
ILS Retreat: Celebrating the Past and Leading into the Future.   Join us for another exciting International Law Section retreat at the Boca Raton Resort & Club The theme of this year's retreat will be celebrating our past as we lead the world into the future of international law.  We are encouraging all Section members to join us for  a fun and inspirational weekend In addition to an exciting program featuring both alumni and future leaders, and an exciting keynote speaker, we are making sure to build in plenty of time for socializing with friends and family at this world-class resort. Don't wait, submit your registration form today!

October 6-8, 2016
The International Association of Young Lawyers (AIJA) International Arbitration Commission is thrilled to invite you to one of the most exciting cities in the world to discuss some of the most crucial topics in international arbitration. Join AIJA in New York City for the 8th Annual Arbitration Conference on 6-8 October 2016!  For more information visit the event website or contact AIJA U.S. National Representative Arnie Lacayo at alacayo@astidavis.com.

October 9-11, 2016 
The Atlanta International Arbitration Society (ATLAS) will host its 5th Annual Conference themed " International Arbitration in a Not So "Flat" World: Practical Considerations for Counsel and Their Clients". The event will take place in the Knowles Conference Center of the Georgia State College of Law. You can download the Conference's flyer by clicking here. Visit the Conference's website to register for the event.

October 18-21, 2016
The 2016 Fall Meeting of the  American Bar Association Section of International Law will take place October 18-21, 2016, at the Tokyo Hilton, Tokyo, Japan. The Fall Meeting will feature more than 60 panels highlighting different aspects of the theme for the meeting - " The Pacific Century: Progress and Predictions". The ILS will be represented by two of its Past Chairs at this event.  Ed Mullins will be moderating a panel entitled "The Ballad of East and West:  Will Local Approaches to Litigation Affect TPP Investment Cases?"  Peter Quinter will moderate a panel on the Trans-Pacific Partnership (TPP). The full program of the event is available here. To register, visit the ABA website. For more information on the event, you may also contact  Peter Quinter ( peter.quinter@gray-robinson.com).

October 27-29, 2016
The Caribbean Academy for Law and Court Administration (CALCA), in partnership with Jamaica's General Legal Council and the St. Maarten Bar Association, will hold CALCA's 4th Biennial Conference on Law under the theme "Law at the Cross-Roads: Reappraising the Role of Common Law and Civil Law Practitioners in Transnational Development", from October 27 to October 29 in St. Marteen. You can learn more about the conference by visiting the conference website

November 3-4, 2016
The International Bar Association will hold its Annual IBA Corporate Governance Conference in Miami from November 3 to November 4. The conference will feature lectures from distinguished speakers on topics that include c orporate governance issues for foreign subsidiaries, c yber security and the the application of US corporate governance rules to non-US corporations. Click here to download the full program of the conference. To register, visit the conference website.

November 13-15, 2016
The International Chamber of Commerce will hold its 14th annual Miami Conference on International Commercial Arbitration in Latin America at the Mandarin Oriental hotel.  The conference attracts approximately 550 participants representing about 40 nationalities and features a rich training and networking program.  For more information and to register for this event, visit the ICC Conference website.


From Our Members


 

Eleventh Circuit Applies 28 USC § 1782 Extraterritorially to Aid Asset Recovery in Case of First Impression

By: Ava Borrasso, Miami*

In an issue of first impression in the Circuit, the Eleventh Circuit granted extraterritorial discovery pursuant to 28 USC § 1782 to support an asset recovery case. 

Following marital dissolution proceedings in Russia, a former wife undertook efforts to discover concealed marital assets in multiple jurisdictions including Cyprus, Latvia, Switzerland, the BVI and the Bahamas. She ultimately sought discovery in the United States to support her claim before a presiding Moscow court adjudicating the division of marital assets. The application sought information from third party Trident Atlanta and its employee regarding information related to the former husband's beneficial ownership of a Bahamian company.

The Court first set forth the prima facie requirements to obtain relief pursuant to 28 USC § 1782: "(1) the request must be made "by a foreign or international tribunal," or by "any interested person"; (2) the request must seek evidence, whether it be the "testimony or statement" of a person or the production of "a document or other thing"; (3) the evidence must be "for use in a proceeding in a foreign or international tribunal"; and (4) the person from whom discovery is sought must reside or be found in the district of the district court ruling on the application for assistance." (citations omitted).

After determining that the predicate factors were met, the Court addressed the discretionary factors as set forth by the United States Supreme Court (the "Intel factors"): "(a) whether aid is sought to obtain discovery from a participant in the foreign proceeding ("First Factor"); (b) "the nature of the foreign tribunal, the character of the proceedings underway abroad, and the receptivity of the foreign government or the court or agency abroad to U.S. federal-court judicial assistance" ("Second Factor"); (c) whether the applicant is attempting to use § 1782 to "circumvent foreign proof-gathering restrictions or other policies of a foreign country or the United States" ("Third Factor"); and (d) whether the discovery requests are "unduly intrusive or burdensome" ("Fourth Factor")." (citations omitted).

Trident Atlanta took issue with the third factor arguing that Section 1782 does not apply extraterritorially. The Court examined Section 1782 and held that it plainly provides for production consistent with the Federal Rules of Civil Procedure. Because Rule 45 calls for broad production of non-privileged documents, including those located outside of the U.S., the Court determined the only limitation imposed by the rules related to the "location for the act of production" not the location of the underlying documents. Therefore, documents subject to the subpoenaed party's control were subject to production.

Trident Atlanta then argued that it lacked legal control over non-U.S. affiliates in order to obtain the subpoenaed information. Again, the Court rejected the argument and determined that a legal right to obtain information from an affiliated or related business entity with access to the information was sufficient. Notably, the Court also affirmed a monetary contempt sanction in excess of $200,000 imposed by the district court on Trident Atlanta for failing to establish a good-faith attempt to comply with the subpoena.

The case is notable because it applied Section 1782 extraterritorially and required production of accessible information in the hands of an affiliate or member of a group of companies. The case is Sergeeva v. Tripleton Int'l Ltd. et al., Nos. 15-13008 & 15-15066 (11th Cir. August 23, 2016).

*Ava Borrasso is the Principal of Ava J Borrasso, P.A., a Miami-based law firm that concentrates on business and international arbitration and litigation. She also serves as an Arbitrator and is a member of the Commercial Panel of the American Arbitration Association.

Spring 2016 ILQ
International Law Quarterly (ILQ)
The Spring 2016 ILQ focusing on Women and International Law is now available to view and download here.

If you are interested in submitting an article in the next ILQ or have questions, please contact Rafael Ribeiro: rafael.ribeiro@hoganlovells.com.

Visit our Sponsors                                             
ILS thanks its sponsors for the 2015-2016 cycle
 
Global
Hemispheric
Regional
  • Aballi Milne Kalil, P.A.
  • Astigarraga Davis 
  • Centro de Arbitragem e Mediação-Câmara de Comércio Brasil-Canadá (CAM/CCBC)
  • Hogan Lovells
  • Lex International
  • White & Case
  • Akerman LLP
  • Bilzin Sumberg
  • Bryan Cave
  • Buckner, Shifrin, Etter, Dugan & Kohlman, P.A.
  • Fowler White Burnett
  • Jones Day 
  • Harper Meyer
  • Kobre & Kim LLP 
  • Tenzer PLLC

In light of what we accomplished this past year, we hope you will continue to support the Section as a sponsor. In 2015-2016, various firms, companies and suppliers sponsored the Section. We look forward to another year of innovative programs where we can advance international law and further promote our sponsors.  Contact Elizabeth Ortega at  eco@ecostrats.com   for more details.

  Become a Sponsor  for the 2016-2017 Cycle
The ILS Gazette

Editor: Fabio Giallanza

Chair: Alvin F. Lindsay, III
Immediate Past Chair: Eduardo Palmer
Chair-Elect: Arnoldo B. Lacayo
Secretary: Carlos F. Osorio
Treasurer: Clarissa Rodriguez