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internationallawsection.org                                                     Saturday, September 22, 2018
The International Law Section Gazette
Section News
Democracy & Human Rights Symposium

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

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 Co-Chairs are:
 
Professor Lisa Iglesias, is a Professor of Law the University of Miami School of Law, she holds a BA (magna cum laude) from the University of Michigan and a JD (with honors) from Yale Law School. She is the co-founder of Latina and Latino Critical Theory, Inc. (LatCrit, Inc.) which she incorporated in 1998 and co-directed until 2003.  She designed the Project for Legal Economic, Development, Justice and Equality (PLEDJE) an innovative clinical program to promote micro-business development, immigrant rights & the use of NAFTA labor and environmental side accords through workshops, community based study circles and outreach to underprivileged high school students.  On a side note, she is also a licensed pilot.  
Richard A.C. Alton, a practicing attorney living in Cooper City, Florida and attorney at Alton Law in Miami Lakes, he holds a B.A. in History from George Mason University and J.D. from Florida State University with a Certificate in International Law.  His fields of practice include immigration, international business, and transactional law.  He has published several pieces with various law reviews across the nation on topics concerning international legal history as well foreign passport seizures.  His work on passport seizures has been cited across the globe, including by publications in Canada, Belgium, Indonesia, and by the International Organization for Migration and the U.S. Court of Appeals.  He also teaches part time courses on Business Law and Western Civilization, and lectures on Medieval History. 

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
ILS Members at the Reentrée of the Quebec Bar

Ever since 1995, the International Section (ILS) of the Florida Bar has maintained a liaison with the Quebec City Bar. A formal agreement of collaboration was executed in 2014. 
A delegation of William Hill, Joseph McFarland, and Nancy Lapierre represented the ILS on September 7 and 8 of this year at the annual judicial Rentrée of the Quebec Bar in Quebec City. The program consisted of an annual conference in conjunction with the participation of local bar members and the representatives of the Versailles Bar, a formal ceremony with the judiciary of the province, including the Lieutenant Governor of Quebec, and bar leaders. The formal gathering inaugurated the coming year's court activities and was followed by a reception held at the newly renovated historic armory in the heart of Old Quebec. The next morning, on September 8, a breakfast was held at the Montmorency Falls Park to honor the international invitees attending the Rentrée program from Brussels Bar, Strasbourg Bar, Versailles Bar, Louisiana Bar, and our Florida Bar. We were delighted to receive their gracious hospitality and discuss the forthcoming activities between our two bars and potential other collaborators.




 
Upcoming Events
September 26, 2018
ILS past Chair Peter Quinter will hold a presentation with the Doral Bar Association on "Trump's Trade War: How it Impacts your Business". Presentation is free to attend and will be held from 7.30-9 am at  U.S. Century Bank  2301 NW 87th Ave., Doral , FL .  To RSVP  or for any questions, please contact Santiago Cueto at (305) 777-0377 or sc@cuetolawgroup.com

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.
REGISTER BY TOMORROW TO RECEIVE AN EARLY BIRD DISCOUNT.

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