http://www.internationallawsection.org/ The Florida Bar International Law Section en-us http://www.internationallawsection.org/images/logo.gif http://www.internationallawsection.org/ legal@cyberlaw.info http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=62 It is our pleasure to welcome Regan Kruse as the new editor of the ILS Gazette! Regan received her J.D. from the University of Miami School of Law, where she graduated with honors and received a Miami Scholars scholarship. As an active member of ILS, Regan has been instrumental in assisting with the Section’s legislative initiatives, including the passage of this year’s glitch-fix bill and defeat of the anti-Sharia law bill. Regan will bring that same enthusiasm to the Gazette. We hope that you have had fun, learned something, and that the Gazette has improved the practice of international law. As always, enjoy this week’s Gazette! http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=61 To all members of the International Law Section: Download your copy of the Winter 2012 special issue of the International Law Quarterly "Focus on: International Intellectual Property Law" here. Penelope Perez-Kelly—who wrote the lead article exploring the challenges and strategies involved in managing a client’s IP on a worldwide basis—did a great job coordinating an impressive lineup of authors on the hottest topics in IP. They include: Kimra Major-Morris and her timely article on online privacy in the wake of multiple high-profile international copyright cases involving the Internet; Danielle Amor, who tackles the problem of video pirating in Europe by those, including UK public houses (pubs), who use foreign decoder boxes to show live football matches; Pierre Gaunaurd and his examination of the challenges of protecting patents in India; Peter Quinter and Michael De Biase who map the intersection of trademark and customs law designed to keep counterfeit merchandise out of the United States; James Faier who analyzes the “bona fide intent to use” requirement for foreign registration applicants seeking U.S. federal trademark protection; and Brenda Recio with her primer on IP law in the Dominican Republic. All are great articles that, taken together, provide a sophisticated understanding of the current state of intellectual property from a global perspective.We believe this issue is surely worth saving and will become the ultimate reference guide on International Intellectual Property Law for years to come. On behalf of the International Law Section, we hope you enjoy it. Alvin F. Lindsay Editor-in-Chief http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=60 This is the 10th year anniversary of the International Law Section’s Litigation and Arbitration Conference. The Audio CD includes all breakout sessions on litigation and arbitration: asset tracing and recovery tools: essentials for the international litigator; arbitration rules update; hot topics in international litigation; hot topics in international arbitration; what you may not know about litigation in Latin America; what you may not know about enforcing your arbitral award abroad; cross border enforcement: the role of prosecutors, regulators, and defense attorneys; the next generation of investor-state arbitration: a review of the logical steps. The plenary sessions include: recent alien tort claim act cases and ethics issues in international litigation: fee sharing and suit financing. This one-day program has been awarded 11 hours of CLE credit, 1 hour of ethics and 11 hours of international certification credit. Course Number: 1422CClick here to order the Audio CD. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=59 Dear ILS members: The ILS Legislative Committee is very pleased to report two recent accomplishments during the 2012 Florida Legislative Session that concluded on March 9, 2012: (1) First, the passage of the ILS Sponsored “Glitch-Fix Bill” (SB 486/HB 917) which clarified existing ambiguities, redundancies and clerical errors in Fla. Stat. 48.193, 55.502, 684.0019, 684.0026, 685.101 and 685.102, which, in summary, dealt with Long Arm Statute issues, Choice of Law, Florida’s Enforcement of Foreign Judgments Act and Florida’s International Commercial Arbitration Act. The changes to these laws positively benefit all international litigators and reinforce Florida’s image as a leading jurisdiction for the practice of international law. See attached White Paper on the matter. The bill’s passage culminates two years of efforts and we are grateful for the support of our Senate and House sponsors, Sen. Diaz de la Portilla and Rep. Bileca. We thank them very much for their support in sponsoring our bill and getting fellow legislators to vote in favor of passage. We also thank our supporters in the business community, which included the Florida Chamber of Commerce, Associated Industries of Florida, and the Florida International Bankers Association. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=58 Call for Int’l Human Rights Award Nominees The ABA Section of Litigation is soliciting nominations for the ABA Section of Litigation International Human Rights Award. The International Human Rights Award is intended to honor and give public recognition to an individual who has made a special contribution in the area of human rights in a foreign jurisdiction. Nominees for the award must have made substantial and long-term contributions in the furtherance of civil rights, civil liberties, and/or human rights outside the United States. A “substantial” contribution shall be considered to be one demonstrating a level of dedication or achievement beyond that expected in the normal course of an individual’s work. Nominees must be lawyers or judges, but from any jurisdiction. The Section of Litigation International Human Rights Award was created in response to the knowledge that, in many countries with repressive regimes, the regime is less likely to take retaliatory action—or is likely to take less harsh action—against a human-rights advocate if the advocate has international connections and relationships. The Section stands behind those who have fought for basic human rights even when it may not be in their personal self-interest. Completed nomination forms which can be found at http://apps.americanbar.org/litigation/committees/international/ihr.html and accompanying materials, including a “Statement of Reasons,” should be emailed to Sharyne Tu at Sharyne.Tu@americanbar.org by March 19, 2012. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=57 Dear ILS Members: The Legislative Committee of the ILS has been working during the current Florida legislative session to prevent the passage of the anti-foreign law bill (as limited to the Family Law arena) (SB 1360). The Florida legislative session ends next week on March 9, 2012, and we very much need your assistance in reaching out to Senators to oppose SB 1360. SB 1360 is particularly concerning because it has passed through nearly all House and Senate committees and may be voted upon in both chambers imminently. The bill - which some refer to as the “Sharia Law Bill” because anti-Muslim sentiment fueled it - would set a dangerous precedent for future initiatives that aim to prohibit the application of foreign laws in all Florida courts. The Family Law Section (FLS) of the Florida Bar has been leading the charge in opposing the bill with extensive support from the ILS. We believe the bill was limited to the Family Law arena in order to seem more “reasonable.” However, the potential for a dangerous precedent remains and the bill is, as the ILS and FLS agree, unconstitutional on several grounds. As well, SB 1360 is unnecessary because existing law handles when foreign law should apply in Florida family law courts. Moreover, the bill undermines Florida’s image as a leading destination for international trade and tourism. We ask that you all do the following today: email the Senators listed on the attached PDF list (or their legislative aides) using the Word Doc template provided. If we all write these Senators, we can make a difference. Your assistance is greatly appreciated. Eduardo Palmer, Richard Dewitt, Carlos Osorio, Regan Kruse, Omar Ibrahem ILS Legislative Committee http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=56 ILS is seeking committee members to assist with drafting a proposed ethics rule regarding Florida law firms with offices in foreign countries. Those interested should contact Mark Weiner at weinerm@mac.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=55 The Amicus Committee is seeking volunteers to assist with legal research and drafting of an amicus curiae brief for submission to the Florida Supreme Court in a case of first impression in Florida. As you may know, in a case called Raymond James Financial Services, Inc. v. Phillips, the Second District Court of Appeal recently ruled that Florida's statutes of limitations do not apply to arbitrations unless the arbitration agreement expressly provides for it in the agreement. Volunteering with the Committee would be an excellent opportunity to hone research and writing skills, as well as meet other attorneys involved in the Section. If you are interested in volunteering with the Committee, please contact Committee Chair Raquel A. Rodriguez at rrodriguez@mcdonaldhopkins.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=54 Pre-Vis Moot Arbitration Competition February 25, 2011 Miami, Florida Read the brocure here. HOSTED BY: www.InternationalLawSection.org MIAMILAW The Florida Bar seeks practitioners to serve as arbitrator judges for the 2012 VIS PRE-MOOT COMPETITION SATURDAY, FEBRUARY 25, 2012. The goal of the Vis Arbitral Moot is to foster the study of international commercial law and arbitration for resolution of international business disputes through its application to a concrete problem of a client and to train law leaders of tomorrow in methods of alternative dispute resolution. *PARTICIPATION OPPORTUNITIES ARE AVAILABLE THROUGHOUT THE DAY BEGINNING AT 9:00AM. CLE Credits Available. To volunteer contact Clarissa Rodriguez at: clarissa.rodriguez@smintlaw.com or 305.856.7723. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=53 To all members of the International Law Section: Download your copy of the Fall 2011 issue of the International Law Quarterly special Brazil issue here. This issue is one of the most auspicious we have ever published. At eighty pages, it is packed with valuable information on one of the world’s strongest economies. Indeed, the authors represent some of the most respected experts in the fields of Brazilian law, trade, business and government. Special thanks go to Section members Quinn Smith and Mauricio Gomm Santos for spearheading this exceptional issue. We believe it is surely worth saving and will become the ultimate reference guide on Brazil for years to come. On behalf of the International Law Section, we hope you enjoy it. Alvin F. Lindsay Editor-in-Chief http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=52 The University of Florida Levin College of Law is looking for panelists for a discussion on international law to the UF International Law Society. The law students are interested in all topics ranging from international business to human rights. A specific date in the Spring of 2012 is forthcoming. If you have an idea or if you would like to participate in the panel, please contact Magdalena Zalewski, UF Law Student, at mzalews@gmail.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=51 Central America Caribbean Middle East Africa India USA Canada Australia Become a Regional Editor for the International Law Quarterly and be the go-to expert on one of these remaining regions! Beginning this winter, the ILQ’s new regular feature, the “World Roundup,” will quickly update our readers on the most major legal developments from all the most important regions of the world. As a Regional Editor, you will be responsible for tracking developments and writing short quarterly updates from one to several paragraphs for each region. As such, each Regional Editor will not only have an opportunity to become more closely involved in our flagship publication, but also to become recognized as an expert in their particular region. If your training, background, or practice qualifies you to report on one of the above regions, let us know by contacting Editor in-Chief, Alvin F. Lindsay, at Alvin.Lindsay@hoganlovells.com, with your credentials and regional choice. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=50 The Consejo General de la Abogacía Española is organizing an event in Miami on November 2-3, 2011 showcasing the most well-known and prestigious firms of Spain to the South Florida community. The law firms practice in areas ranging from Real Estate law, Telecommunications law, to Litigation and International Arbitration. If you or your firm is interested in collaborating on the event, please contact Beatriz Marfá-Linley, Embassy of Spain - Trade Commission Cultural Industries Department at bmarfa@comercio.mityc.es. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=49 You can view and download the Summer 2011 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=48 Dear Section Member: On behalf of the International Law Section of the Florida Bar, it is my pleasure to introduce the Section’s Officers for the 2011-2012 Bar year: Chair: Nicolas Swerdloff Treasurer: Peter A. Quinter Secretary: C. Ryan Reetz Chair Elect: Richard C. Lorenzo Immediate Past Chair: Edward M. Mullins On behalf of the Section, I also want to extend my gratitude to our Immediate Past Chair, Ed Mullins. Ed’s service and dedication to the Section during the past year has been immeasurable. Through his hard work and effort, we are a much stronger Section. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=47 You can view and download the Spring 2011 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=46 VERY IMPORANT MESSAGE from the Chair, Edward M. Mullins A few weeks back I mentioned a piece of legislation moving though the Florida House (HB 1273) and Senate (SB 1294) that threatened to radically change international law in this state. In a nutshell that Bill seeks to ban the use of foreign law in Florida’s courts and in arbitration. It purports to prohibit the enforcement of arbitration clauses, forum non conveniens, choice of forum and choice of law which would require the application of foreign laws that do not mirror the fundamental rights of the U.S. Unfortunately, on Monday the Florida Senate version of the bill passed in the Florida Judiciary Committee on a 5-2 vote. Your Leadership and your Legislation Chair, Eduardo “Eddie” Palmer, have put together a great team which wrote the Section’s position paper (click here to view the attached PDF) explaining why this Bill should not become law and received emergency approval this morning from the Florida Bar to lobby our state legislators to oppose the Bill. Special thanks to Members Carlos Osorio, Henk Milne, and Sean Santini for their assistance in making this happen. With the legislative session ending at the end of this month (yes, you read that right, it ends in three weeks), there is much that needs to be done in a very short time to ensure that Florida remains a viable forum for international business. If this bill passes either chamber, even if it eventually does not become law, our state’s reputation of being open to international issues could be irrevocably harmed. This bill has failed in many states, it cannot pass here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=45 The Barcelona Bar Association which has a cooperation agreement with the Florida Bar International Law Section seeks two short-term, paid, internship opportunities for two young Spanish lawyers in Florida. Start dates, duration and pay are flexible. If you are interested in hosting an intern please contact Arnie Lacayo at alacayo@astidavis.com for additional details. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=44 ILS Membership Committee Co-Chair, Veronica Lacayo, is looking for speakers for ILS presentations at UF o­n "International Careers: Where are the jobs in today's economy"? UF has given the Section the following dates for the presentation: Wednesday 4/6 from 12-12:50; Thursday 4/7 either 10-10:50 or 1-1:50; Monday 4/11 from 1-1:50; Tuesday 4/12 from 12-12:50; Wednesday 4/13 from 12-12:50. If you are interested in participating at any of these times, please contact Veronica at vlacayo@yoss.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=43 You can view and download the Winter 2011 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=42 Section Members may be interested to know that Florida is now a "Recognised Foreign Jurisdiction" with the Solicitors Regulation Authority of England and Wales (“SRA"). As a recognized foreign jurisdiction, members of the Florida Bar are now eligible to become registered foreign lawyers in the U.K. Registration information is available here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=41 The Membership Committee needs speakers for our presentation at Stetson on "Careers in International Law: Where the Jobs are in Today's Legal Economy." The presentation can be done any day, except Friday during the first two weeks of February and it will be from 12-1 p.m. If you are interested in participating, please contact Membership Co-Chair Veronica Lacayo at vlacayo@yoss.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=40 The ILS Pre-Moot VIS Competition is looking for volunteer arbitrators to serve as judges for 2011.  Mark your calendars for Saturday, February 26, 2011 and join us at the University of Miami.  For more information please contact Quinn Smith at Quinn.smith@smintlaw.com or Clarissa Rodriguez at Clarissa.rodriguez@smintlaw.com.  http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=39 You can view and download the Fall 2010 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=38 Menseses v. Carnival Corp., 2010 WL 3221953 (S.D. Fla., Aug. 4, 2010) Defendant brought a motion to dismiss and compel arbitration.  Plaintiff, a Philippine national, sustained injuries in the course of his employment on defendant’s cruise ships and alleged, inter alia, Jones Act negligence.  The parties had entered into a Seafarer Agreement, which pursuant to the New York Convention requires arbitration in a location close to the seafarer’s home country. The agreement in dispute contained a severability provision and a choice of law clause providing for the settlement of disputes “in accordance with the laws of the flag of the vessel on which Seafarer is assigned at the time the cause of action accrues.”  The court reviewed two conflicting 11th Circuit cases, Bautista v. Star Cruises, 396 F.3d 1289 (11th Cir. 2005) and Thomas v. Carnival Corp., 573 F.3d 1113 (11th Cir. 2009).  The Thomas court rendered an arbitration provision invalid because it would have deprived the plaintiff from its U.S. statutory rights under the Wage Act.  In the case at hand, the court first held a “fair reading” of Thomas indicates it applies to statutes such as the Jones Act.  Furthermore, there existed a “distinct possibility” that, were the choice of law provision to be upheld, U.S. law would not be applied and the plaintiff would receive no reward.  In light of the severability clause, the court struck the choice of law provision from the Seafarer’s Agreement, sending the plaintiff’s claims to arbitration applying U.S. law.