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internationallawsection.org                                                     Friday, September 28, 2018
The International Law Section Gazette
Section News
Save the Date for iLaw 2019

Please join us for our annual flagship conference on Friday, February 22, 2019 at the JW Marriott Marquis in Miami. This year's conference will feature programming on hot issues in international litigation, arbitration, and business transactions. As in previous years, we have teamed up with the International Centre for Dispute Resolution (ICDR) for the international arbitration track. We have limited rooms available, so reserve your room early! For more information please visit our website, www.internationallawsection.org, or contact this year's co-chairs, Jacqueline Villalba, jvillalba@harpermeyer.com; Kristin Drecktrah Paz, kpaz@shutts.com; or Cristina Vicens  cvicens@sequorlaw.com.



 

Democracy & Human Rights Symposium - CLE Approved!

The Committee on Public International Law, Human Rights & Global Justice, a standing committee under the Florida Bar International Law Section, proudly presents the Democracy & Human Rights Symposium: A Learning Venture into the Global and Domestic Implications of the United States' Approach towards Implementation of ICCPR since Ratification and other International Human Rights Agreements and Initiatives. The event will be held on October 12, 2018 10AM at Barry University School of Law 6441 East Colonial Drive, Orlando, FL 32807 ROOM: ALC 201

The Symposium is approved for 3.5 General CLE Credits and certification credits in International Law and International Litigation and Arbitration for the Symposium. For panelists' information please refer to the event's brochure.



If interested in attending, please RSVP with the Committee Coordinator Christina M. Green, Esq.  at christina@womensfamilylawfirm.com

For the 2018-2019 cycle, the Standing Committee on Public International Law, Human Rights & Global Justice Secretary and Treasurer are:

Secretary: Attorney Tyrone Afrasan Adams graduated magna cum laude from the University of South Florida and received his Juris Doctorate with magna cum laude honors from Florida A&M University College of Law. Currently working on Civil Rights and Collaborative Family matters for Francoeur Law Firm in Central Florida, attorney Adams is an advocate for Global Justice and Human Rights. He is a co-founder and Secretary of this Human Rights Committee at the Florida Bar and is a member of the Executive Committee of the Public Interest Law Section with the Florida Bar. Attorney Adams is also a member of the National Association for the Advancement of Colored People (NAACP) and a member of the Global PanAfrican Movement. 
 
Treasurer: Professor Hannibal Travis graduated summa cum laude in philosophy from Washington University and then graduated magna cum laude with a Juris Doctorate from Harvard Law School. Professor Travis currently works as a professor of law at Florida International University College of Law, where he has taught international law and human rights in the past. He has published articles on various topics such as genocide, cultural survival, human rights, intellectual property, and antitrust law, including in the international law journals of the Cornell, Brooklyn, Arizona, and UC Davis law schools Professor Travis also serves as the Treasurer of this Human Rights Committee at the Florida Bar.

U.S.-India Symposium on Law, Business and Investments

The Asia Committee of the Florida Bar International Law Section has organized a U.S.-India Symposium on Law, Business and Investments.  The symposium will take place on November 26-27, 2018 in conjunction with the Indian National Bar Association's (INBA) annual conference at the Shangri-La Hotel in New Delhi.  The symposium proposes to bring participation from legal luminaries, senior government officials, and international law firms from across the globe. 

Day 1 (Nov. 26) will consist of the program and seminars put together by the INBA, and Day 2 (Nov. 27) will consist of the seminars put together by the Florida/U.S. delegates.  Additionally, the INBA has organized a cultural program for the U.S. delegates which will take place on November 28.  It will include a trip to the Taj Mahal and a tour of government/court buildings.  
 
We only have three topics remaining for speaker participation and a few sponsorships slots available.  If you are interested in speaking on one of the following topics, please contact the program chairs immediately: Customs and Trade Law; Investing and Managing Florida Real Estate; IPR Issues in International Business (patents).
 
This is a fantastic opportunity if you are interested in extending your marketing and networking efforts into Asia, or if you are simply wanting to explore the beautiful sights, sounds, and the rich cultural heritage of India!
 
Lastly, the symposium has received promotional support from numerous organizations, including the following: ABA Section of International Law; The Florida Bar International Law Section; Florida International University College of Law; The India-US Chamber of Commerce of South Florida. 
 
For further information, please visit the below sites: 
 
If you are interested in attending the conference or speaking, please contact the Program Chairs, Susanne Leone and Neha Dagley.
Susanne Leonesleone@wil-pa.com

From our Members
COURT LIMITS FCPA LIABILITY OF CERTAIN FOREIGNERS

By Richard Montes de Oca*

In a decision last month, the U.S. Second Circuit Court of Appeals refused to expand the extraterritorial reach of the Foreign Corrupt Practices Act ("FCPA") to a foreign national without sufficient connection to the United States under the conspiracy or aiding or abetting liability theories alleged by the U.S. Department of Justice ("DOJ").

The DOJ attempted to expand the extraterritorial reach of the FCPA by charging Lawrence Hoskins, a British citizen and a former executive officer at the French multinational Alstom SA ("Alstom"), for conspiracy to violate or aiding or abetting violations of the FCPA. The Second Circuit affirmed the lower court's decision to dismiss and strictly apply the FCPA's scope by finding that "the FCPA does not impose liability on a foreign national who is not an agent, employee, officer, director or shareholder of an American issuer or domestic concern - unless that person commits a crime within the territory of the United States."

Mr. Hoskins allegedly directed the payment of bribes to help Alstom win a $118 million power plant contract in Indonesia between 2002 and 2009. Alstom had already pled guilty and paid a $772 million fine for violations of the FCPA after being prosecuted by the DOJ. Other executives who worked for Alston's U.S. subsidiary based in Connecticut also plead guilty. However, Mr. Hoskins worked for Alstom U.K. and never traveled to the United States during the period when the alleged bribery happened. Mr. Hoskins argued that he had no ties with the U.S. under the definition of the FCPA.

The Second Circuit acknowledged the accomplice liability theory under federal criminal statutes, but held that conspiracy or complicity theories simply cannot expand the provisions limiting the extraterritorial reach of the FCPA. However, the Second Circuit reversed the district court's dismissal of allegations that Mr. Hoskins was liable as an agent of a domestic concern. Therefore, the DOJ will still be permitted to prosecute Mr. Hoskins for violating the FCPA as an agent of Alstom.

With record-setting fines being levied in the billions of dollars, coupled with the DOJ and SEC's aggressive enforcement, it is more critical than ever for companies to evaluate their risk of FCPA violations and establish or improve their Anti-Corruption Compliance Programs to mitigate such risks. The attorneys and advisors at MDO Partners have extensive experience advising clients on the FCPA and effective Anti-Corruption Compliance Programs in over 30 countries.

*Richard Montes De Oca is the Managing Partner at MDO Partners, a boutique law firm that focuses on Corporate, International, and Real Estate Law, as well as Global Compliance and Business Ethics.

Members News
Sequor Law Adds Two Attorneys

ILS Global Sponsor Sequor Law announced the addition of  Andrew (Drew) B. Dawson , a distinguished and tenured professor at the University of Miami School of Law, as of counsel, as well as Christopher A. Noel who leverages extensive experience in international commercial litigation and appeals.
 
"With Drew, we gain an eminent thought leader who previously was a Kaufman Legal Fellow at Harvard Law School and the resident scholar at the American Bankruptcy Institute. His counsel will be invaluable to our firm and clients," said Ed Davis, Sequor Law Founding Shareholder. "The addition of Christopher, whose practice has included working on noteworthy bet-the-company litigation, adds an experienced attorney to our team who is highly qualified in international matters."

Upcoming Events
October 7-12, 2018
The International Bar Association will hold its annual conference in Rome, Italy. To receive further information and registration details visit:  https://www.ibanet.org/Form/EmailValidation/Default.aspx?CaptureFormUid=ebe7bef3-a177-4329-82b2-5add24951e35 

October 24-26, 2018
Join our partners of the New York State Bar International Section as it explores Montreal, Canada for its Seasonal Meeting in 2018! The meeting will be held October 24-26, 2018 at the InterContinental Hotel 360 Rue Saint Antoine Ouest Montréal, QC H2Y 3X4, Canada. Registration details are available in the event's brochure.



November 6-10, 2018
The ABA Section of International Law will hold its Conference on International Trade and Investments in Mexico City. To learn more, click here.

November 1-4, 2018
The Florida Department of State is pleased to announce the next Civil-Law Notary
examination will be administered November 4th in Tallahassee, Florida. The National
Association of Civil Law Notaries (NACLN) will conduct a training course and seminar
in Tallahassee to educate Florida Attorneys about the civil-law notary office in Florida
and worldwide, and to prepare candidates for the exam. The seminar begins November
1st and concludes November 4th with the administration of the examination.

Seminar attendees will earn CLE Credits (General - 25.0 hours, with 2.5 hours in Ethics)
and Certification Credits (Business Litigation - 25 hours; International Law - 25 hours;
and International Litigation & Arbitration - 25 hours). Any Florida Bar member may
register and attend the seminar, but attendees who choose to sit for the State examination
(optional) must have been previously approved by the Department of State for
appointment as a Civil-law Notary (application available online at

For more information, please refer to the examination announcement.

November 8-10, 2018
The International Association of Young Lawyers will hold a conference in San Diego on: Entrepreneurship and innovation: from early stages to the evolutionWith 70 miles of coastline and year-round amazing weather and serene ocean water, you can see why San Diego is the place to be. With hidden gems tucked into different neighbourhoods, you can explore San Diego's natural beauty, plentiful breweries, one-of-a-kind shops, cultural institutions, and attractions. Today, the city also gained a reputation as an innovative tech hub thanks to its top-notch universities and world-renowned research institutes. These are just a few of the reasons that make San Diego a perfect venue to speak about entrepreneurship and innovation.

The AIJA Seminar will address topics such as entrepreneurship legal issues, key challenges in setting up new businesses, use of intellectual property strategies to protect new assets, approaching investors, negotiation techniques between founders and investors, or licensing strategies. You will have the opportunity to meet with industry leaders, professionals and listen to the "real stories" of successful entrepreneurs who have made an impact in their industry.



For more information, please refer to the event's brochure.

January 30, 2019
On January 30, 2019 the ILS will host an audio webinar titled H-1B Processing: Navigating Troubled Waters in  These Turbulent Times .   This audio webcast will offer a practical approach to the preparation of the H-1B visa petition taking into consideration USCIS regulations and current policy including adjudication trends at the Service Centers. For more information, please refer to the event's brochure. To register please visit this link.


Winter 2018 ILQ
International Law Quarterly (ILQ)
The  Winter 2018 ILQ -  Focus on International Aspects of Maritime, Admiralty, and Transportation Law  is now available to view and download here.





Visit our Sponsors                                             
ILS thanks its sponsors 
 

In light of what we accomplished this past year, we hope you will continue to support the Section as a sponsor. In 2017-2018, 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. To learn more, read the Section's sponsorship package. You can also c ontact our Treasurer, James Meyer at jmeyer@harpermeyer.com  for more details.



  Become a Sponsor for the 2018-2019 Cycle
The ILS Gazette

Editor: Fabio Giallanza

Chair: Carlos F. Osorio
Immediate Past Chair: Arnoldo B. Lacayo
Chair-Elect:  Clarissa Rodriguez
Secretary:  Robert J. Becerra
Treasurer: James Meyer