The International Law Section Gazette
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Dear ILS Members,
Those of us who were practicing international law on this day 20 years ago will probably remember a time when we used to look forward to going to the airport and checking-in for a pleasant flight with no apprehension of having to first wait in a long TSA line, removing ours belt and shoes, emptying pockets, removing the lap top from the carry-on or actually being patted-down and searched for weapons. We just showed up at the gate, usually at the last minute, with ticket in hand.
We also remember a time when “knowing your customer” did not necessarily mean checking the government’s numerous terrorist lists. And we can recall a time in our practice when US law weighed the rights of privacy verses security, and privacy usually won out.
The next day, however, all of that changed. Nevertheless, being the resourceful, intelligent, and tenacious professionals we are, we were able to adjust. In fact, we adjusted so much that we can barely even remember what our lives and international law practices were like before September 11, 2001. On the other hand, that truly American trait of being able to course correct without looking back is precisely why we have not only survived these past twenty years but how we thrived.
Today, we are pushing through yet another international crisis that has drastically altered the way we practice law and live our lives. I am confident, however, that we will be just as resilient to COVID as we have been to the terrorist threat of the past twenty years. To that end, through CLE programs, publications, and continued online and in-person social events, many of which are highlighted in the Gazette below, the ILS has been and will continue to offer professional support to our members so that, in the 2040s, one of our newest and youngest members today might write a message to the ILS membership explaining, “I remember way back in 2021 when we were all looking forward to going to the airport because we had been cooped-up in our houses for almost two years.”
Viva Los Estados Unidos! Viva el ILS!
James M. Meyer
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Call for Applications - Florida Bar Board Certification in International Litigation & Arbitration
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The application filing period for Board Certification in International Litigation & Arbitration ("ILA") is now open. Qualified applicants are encouraged to apply by October 31, 2021, to determine eligibility to sit for examination in May 2022. For more information, please visit The Florida Bar website certification page for ILA Certification.
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ILS Retreat in the Bahamas - DATE MOVED TO SPRING 2022
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Dear ILS Members:
The ILS Retreat in the Bahamas is postponed to Spring 2022. The CDC recently announced that it added the Bahamas to its "highest risk" category for travel, and as a result, the Bahamas are imposing an earlier curfew and more restrictions and limitations on activities and travel. For these reasons, the Board has decided to delay the much anticipated ILS Retreat in Bimini from October until next April.
We can't wait to see you all in the Bahamas in Spring 2022!
Best,
The ILS Board
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The ILS Participation Challenge
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The ILS Executive Board invites all ILS Members to compete in the 1st Annual ILS Participation Challenge and win amazing prizes and, more importantly, bragging rights. Here is how it works:
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Download your ILS Participation Challenge “bingo” card using this LINK, or come pickup your “hard card” at our upcoming September 22, 2021 cocktail event with the Haitian Lawyers Association to benefit the Ayiti Community Trust (see the invitation in the Gazette below). You will note that you can also check-off a square by attending that same event.
- To win, you must be an ILS member. If you want to play but are not a member, then you have yet another compelling reason to join!
- Mark the tiles on the ILS Participation Challenge “bingo” card as you complete each activity or event marked on that tile.
- You may only mark one tile per event or activity and only during the period from June 30, 2021 until the June 2022 Executive Council Meeting.
- Bring your marked ILS Participation Challenge card to the June 2022 Executive Council meeting OR scan and submit your card to me by that date.
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Any ILS member to mark the most squares (regardless of their position on the card) will enter the competition in the form of a drawing to win the first place prize: free attendance for one (1) at the next ILS retreat (including hotel, meals and other VIP treatment).
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Any ILS member that covers the card with two diagonal lines, from corner to corner (in the form of an “X”) will enter the competition in the form of a drawing to win second place prize: one complimentary ticket for iLaw2023.
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Any ILS member that completes any 5 consecutive squares (vertical, horizontal, or diagonal) will enter the competition in the form of a drawing to win third place prize: dinner for two at il Gabbiano in Downtown Miami.
Ready, set, GET INVOLVED WITH THE ILS!
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iLaw2022: Call for Proposals and Steering Committee Members
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Save the Date for iLaw! The ILS's flagship event, the iLaw2022 Conference, will take place on Friday, February 18, 2022, at the JW Marriott Marquis in Downtown Miami. Trust us, you will not want to miss it this year!
The planning for iLaw2022 has started - Get involved! If you have an idea for a topic to be featured at next year's iLaw, please send us a proposal including (i) the title of the proposed panel, (ii) a short description of the topic, and (iii) proposed panelists and moderator. We are also looking for steering committee members. The first steering committee meeting will be in September. If you have a topic proposal or if you would like to get involved with the planning of the iLaw2022, please send an e-mail to Cristina Vicens at cvicens@sequorlaw.com.
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International Law Deskbook 2020
The International Law Section is proud to announce that its International Law Deskbook 2020 is now ready for shipping! Get yours today!
To purchase the International Deskbook 2020, please click HERE to log into your account on the Florida Bar's website. Once logged in, please click HERE to search for the International Deskbook 2020 by entering the course number 4039. You will then find the International Deskbook 2020 under "Course Materials."
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Join the International Law Section
If you are reading the Gazette, chances are that you are a practitioner or a student with an interest in International Law, one of the most wide-ranging, exciting and challenging legal specialties. Everyone in our field knows how crucial it is to stay on top of diverse and evolving national legal regimes, and at the same time, the difficulty of keeping meticulously up-to-date on developments around the world.
The International Law Section (ILS) of The Florida Bar is here to help you, the practitioner, navigate both the everyday and big-picture challenges of our field. Our Section is your forum to share knowledge and best practices, and to meet and mingle with peers in professional collaborations that can only enhance your grasp of the specialty and your standing among clients and peers.
Let ILS membership assist you in developing a thriving international practice through peer network development that includes important shared learnings and reciprocal referrals of clients and casework.
If your practice transcends borders, join us in making this the authoritative, go-to forum for Florida and the gateway to the region for anyone practicing International Law. Our Section is open to lawyers from other states and countries, full-time faculty at U.S. law schools, and full-time U.S. law students, all of whom may participate as associate members. For more information regarding membership with the ILS, click HERE.
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Please join the Florida Bar International Law Section and the Haitian Lawyers Association on September 22, 2021, for "Cocktail Night for a Cause," a joint cocktail fundraiser/networking event benefiting the Ayiti Community Trust. The event will be at Glass and Vine, 2820 McFarlane Road, Miami, Florida 33133 starting at 6:30 p.m. To register for the event, click here or on the image above!
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Please join the Florida Bar International Law Section on September 23, 2021, at 10 a.m. for its webinar, "Doing Business in india - An Overview of Legal Considerations." The webinar, moderated by ILS Executive Council Member Neha Dagley and Fred Rocafort, attorney at Harris Bricken, will feature Hemang Pareck and Sagar Kadam, partners at DSK Legal's office in Mumbai, India, and Aparajit Bhattacharya and Dinesh Pardasani, partners at DSK Legal's office in New Delhi, India. The panelists will provide an overview of key legal considerations for U.S. and international companies interested in doing business in India. To register, please follow this link.
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Two Minutes in Trade:
Podcast from Sandler, Travis & Rosenberg, P.A.
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By Lenny Feldman*
Staying on top of the international trade developments can be difficult these days, but listening to ST&R's Two Minutes in Trade podcast is like having your own daily briefing.
Lenny Feldman, Senior Member, presents an update on the Court of International Trade’s Logitech tariff classification decision that ST&R litigated in the latest episode.
Today’s Discussion: The Logic Behind the Logitech Decision – The More Specific Tariff Provision Prevails
The Court of International Trade (CIT) has ruled in the Logitech case that Sandler, Travis & Rosenberg attorneys successfully litigated that webcams and conference cameras designed for videoconferencing are classified within heading 8517 as communication apparatus to transmit or receive voice, images or other data in a wired or wireless network and not within heading 8525 as television cameras.
According to the CIT, the term “television cameras” is an eo nomine provision that describes articles by specific names and includes all forms of the named article. By contrast, the “other communication apparatus” term is a principal use provision, which requires the court to determine the principal use of the goods based on established factors.
The CIT found that the webcams and conference cameras were classifiable as television cameras under heading 8525 because they capture, convert, and transmit images to another location. However, the CIT also determined that they were classified in heading 8517 because their physical characteristics indicate their use to facilitate real-time videoconferencing, users expect to use the items in that way, and they are recognized in the trade for such use.
The CIT inevitably determined pursuant to General Rule of Interpretation 3(a) that heading 8517 provides a more specific description of the webcams and conference cameras than heading 8525. The CIT explained that heading 8517 has requirements that are more difficult to satisfy and describes the devices with a greater degree of accuracy and certainty, whereas heading 8525 describes the articles regardless of use.
While all the tariff subheadings at issue in this case are currently duty-free, heading 8525 had carried a 2.1 percent rate of duty. Additionally, the court’s decision will provide for lower additional China Section 301 tariffs on the conference camera systems -- a logical result in numerous ways.
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Lenny Feldman is a Member of Sandler, Travis & Rosenberg, P.A., resident in the Miami office and a member of the firm's Operating Committee. He currently co-chairs the twenty-member U.S. Customs and Border Protection’s Commercial Customs Operations Advisory Committee providing strategic recommendations directly to CBP and the departments of Homeland Security and the Treasury on issues such as e-commerce policy, trade partnership programs, enforcement and facilitation mechanisms, and regulatory reform.
Mr. Feldman innovatively and resourcefully resolves complex issues pertaining to import classification compliance and tariff engineering; valuation requirements and first sale duty savings; seizure and penalty prior disclosures and mitigation petitions; antidumping and countervailing duty administration and enforcement; trade preference qualification for NAFTA/USMCA, CAFTA-DR, and other programs; intellectual property pre-compliance and forfeiture defense; importer/broker compliance reviews and cost savings analysis; export control reviews and enforcement strategies; and CTPAT/border security certification, validation, and suspension/revocation support.
For more information, please follow this link.
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Osorio Internacional, P.A.
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Osorio Internacional, P.A., Brickell based, is looking for a Florida Bar Licensed attorney for fast-paced international litigation and arbitration practice. Our cases are complex and high stakes. 7 year minimum required, with strong leadership and cross-cultural skills. Foreign law degrees, foreign practice and additional languages a plus. Please send CV/resume and writing samples in languages spoken. Pay is competitive. For follow up, please contact Office Manager, Gabriela Saavedra, at gsaavedra@osorioint.com.
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OKI Law is looking to hire for a legal assistant/paralegal to assist with litigation and non-litigation matters. Must have prior experience, be dependable, detail oriented, able to work as part of a team, and have strong organizational skills. This is not a remote position. The position will have a four-day work week, Monday-Thursday, and will be 32-40 hours/week.
Responsibilities include:
- Review and draft routine legal documents
- Maintain case files
- Facilitate the meeting of deadlines by keeping organized scheduled and providing timely reminders
- Assist with discovery, trial preparation, etc.
Qualifications: Experience as a legal secretary or assistant or paralegal. Spanish preferred, but not necessary.
Compensation: $20-35/hr, depending on experience.
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The International Law Quarterly - Spring 2021
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The Spring 2021 Issue of the International Law Quarterly - Shifts in International Law Under the Biden Administration is now available. Click on the image above to download! For all previous issues of the International Law Quarterly, please follow this link.
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The 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 2019-2020, 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 contact our Treasurer, Ana Maria Barton at abarton@reedmith.com, or Vice Treasurer, Cristina Vicens Beard at cvicens@sequorlaw.com for more details.
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The ILS Gazette
Editor: Davide Macelloni
Chair: James M. Meyer
Immediate Past Chair: Robert J. Becerra
Chair-Elect: Jacqueline Villalba
Secretary: Richard Montes De Oca
Treasurer: Ana Barton
Vice-Treasurer: Cristina Vicens Beard
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© 2021. All Rights Reserved.
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