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Ed Mullins
ILS Chair 2010-11
Astigarraga Davis Mullins & Grossman, P.A.
701 Brickell Ave., 16th FL
Miami, FL 33131
t:305.372.8282 x.229
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emullins@astidavis.com
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ILS Latest News Headlines
· US Government Requests Comment on Foreign Trade Barriers (Sep 24, 2009)
· Warming China-Taiwan Ties Present Opportunities (Jul 22, 2009)
· SCOTUS to Decide Whether FAA Permits Class Arbitration when Contract Silent (Jul 14, 2009)
· U.S. Customs and Anti-Counterfeiting (Jul 07, 2009)
· Nazi Looted Art Claims (Jul 01, 2009)
· International Criminal Law (Jul 01, 2009)
· International Law Quarterly, Winter-Spring 2009 (Apr 02, 2009)
· 2009 Vis Pre-competition (Mar 03, 2009)
· 2009 ILS Midyear Meeting Report to Members (Jan 21, 2009)
· ILS Hosts Tour of MIA (Jan 20, 2009)
US Government Requests Comment on Foreign Trade Barriers
on Thursday, September 24, 2009 - 06:57 PM Posted by: Admin
News

USTR Notice in Federal Register

Submissions Due in November

On September 24, 2009, the Office of the United States Trade Representative (USTR), by way of notice in the Federal Register, called on US businesses to submit their reports on laws, regulations, policies and practices of foreign countries that are significant barriers to US exports and investments, including but not limited to licensing requirements, tariffs, lack of intellectual property protection and government corruption. This annual practice is for the creation of the National Trade Estimates Report on Foreign Trade Barriers (NTE) that must be created every year under federal law. The NTE is used by the US government in setting its trade agenda and priorities for negotiations and enforcement. This year's notice for the 2010 NTE also includes a request for comments on the sanitary and phytosanitary measures (SPS) and standards-related measures of foreign countries that result in a significant barrier to US businesses.

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Warming China-Taiwan Ties Present Opportunities
on Wednesday, July 22, 2009 - 08:21 AM Posted by: Admin
News By Jason Blatt - 包杰生
Associate
14F, 116 Nanking East Road, Section 2, Taipei 104, Taiwan
台灣104台北市南京東路二段116號14樓
TEL: +886 2-2531-5816 ext. 724
FAX: +886 2-2531-5814
DIRECT: +886-2-2536-9724
EMAIL: JBlatt@pamirlaw.com

Foreign investors and multinational businesses are closely monitoring opportunities arising from China-Taiwan interaction after last year’s election of Taiwan President Ma Ying-jeou produced a rapid warming in China-Taiwan relations. Developments that multinational businesses have been awaiting for years are finally starting to materialize, such as direct commercial aviation and shipping links, the easing of Taiwan’s restrictions on investments in China, Taiwan’s opening up to investment by Chinese companies and individuals, reduced tariffs on goods traded between both sides and Taiwan’s welcoming of Taiwan-owned offshore companies with operations in China to list on Taiwan’s stock exchange and over-the-counter market. Taiwan has recently enacted new incentives for multinational companies establishing Greater China regional headquarters, warehousing operations and R&D facilities on the island and China and Taiwan are also presently negotiating a free trade framework agreement that foreign companies operating in both jurisdictions will also be able to take advantage of.

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SCOTUS to Decide Whether FAA Permits Class Arbitration when Contract Silent
on Tuesday, July 14, 2009 - 07:23 AM Posted by: Admin
Law On June 15, 2009, the U.S. Supreme Court granted certiorari, for the second time this decade, to decide whether the Federal Arbitration Act (FAA) permits class arbitration where the arbitration clause is silent on the matter. See Stolt-Nielsen S.A., et al., v. Animalfeeds International Corp., 548 F.3d 85 (2d Cir. 2008).

Customer and commercial agreements increasingly contain arbitration clauses to standardize the resolution of disputes. Attempts to implement their explicit written provisions or silence about class arbitrations have met with mixed results. The grant of certiorari presents an opportunity for the Supreme Court to provide needed clarity on the issue. This case presents an opportunity for the Section to present its views on this important matter. The Section should consider how best to address this opportunity.

Richard C. Lorenzo
Partner
Hogan & Hartson LLP
Mellon Financial Center
1111 Brickell Avenue, Suite 1900
Miami, Florida 33131
Tel: +1.305.459.6652
Fax: +1.305.459.6550
E-mail: rlorenzo@hhlaw.com
www.hhlaw.com

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U.S. Customs and Anti-Counterfeiting
on Tuesday, July 07, 2009 - 09:48 AM Posted by: Admin
News by Peter A. Quinter, Esq.
Becker & Poliakoff, P.A.
121 Alhambra Plaza
10th Floor
Coral Gables, FL 33134
954.270.1864 Cell
305.442.2232 Fax
PQuinter@becker-poliakoff.com

U.S. Customs and Border Protection officers have extensive legal authority to stop, search, and detain persons and cargo arriving into or going out of the United States. U.S. Customs has been particularly vigilant in Florida in enforcing the trademark and copyright laws so that infringing or counterfeit merchandise does not enter the commerce of the United States, or even transit through the United States. Although it is perfectly legal for an arriving international passenger to import one counterfeit item, such as an expensive, fancy watch or handbag, it would be illegal for that same person to attempt to import into the United States two such counterfeit watches or handbags. Customs officers would examine, detain, then seize counterfeit merchandise and place the burden on the owner of the merchandise to explain that it is either not counterfeit or to attempt to obtain the trademark or copyright owner's approval for Customs to release the merchandise. Nationwide, Customs seizes hundreds of millions of dollars of counterfeit merchandise each year. Moreover, Customs issues millions of dollars of fines against counterfeiters who have already had their merchandise seized and forfeited. Through private customs attorneys, such seizures may be remitted and fines may be cancelled or mitigated.

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Nazi Looted Art Claims
on Wednesday, July 01, 2009 - 09:31 PM Posted by: Admin
Law Jennifer Kreder - 2009 ILS Vienna Retreat Speaker Summary

Nazi-looted art has been the subject of much litigation recently and many news reports. In particular, many of the recent claims arise out of events that occurred in Vienna, Austria, the site of our conference, in the aftermath of the 1938 Anchluss of Austria into the Third Reich. Given both the vast magnitude of unrestituted Nazi-looted art and the revival of research into newly opened World War II-era governmental archives, the rise in interest in Nazi-looted art is not surprising even though sixty years have passed since the end of the war. Professor Jennifer Anglim Kreder of Chase College of Law at Northern Kentucky University explained the history and evolution of claims to artworks displaced during the Nazi era. She has been working on and studying Holocaust litigation since 1999, with a particular emphasis on art claims.

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1987-88
Gilbert Lee Sandler
Sandler Travis Et Al
5200 Blue Lagoon Dr Suite 600
Miami, Florida 33126-7002
Phone : 305 267-9200
Fax#: 305 267-5155
E-Mail: lsandler@strtrade.com
1987-88 Gilbert Lee Sandler Sandler Travis Et Al 5200 Blue Lagoon Dr Suite 600 Miami, Florida 33126-7002 Phone : 305 267-9200 Fax#: 305 267-5155 E-Mail: lsandler@strtrade.com
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