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Ed Mullins
 ILS Chair 2010-11
Astigarraga Davis Mullins & Grossman, P.A.
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Topic: Law
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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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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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International Criminal Law
on Wednesday, July 01, 2009 - 09:26 PM Posted by: Admin
Law Mark Ellis - 2009 ILS Vienna Retreat Speaker Summary

In 1999 I stood among a sea of 20,000 desperate people on a dirt airfield outside Skopje, Macedonia, listening to one harrowing story after another. I had come to the Stenkovec refugee camp to record those stories and to help set up a system for documenting atrocities committed in Kosovo.

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Laptop Searches By U.S. Customs
on Tuesday, June 24, 2008 - 09:16 PM Posted by: Admin
Law By Peter A. Quinter and Caleb W. Sullivan
pquinter@becker-poliakoff.com
csullivan@becker-poliakoff.com
Tel. 954.985.4101
Fax 954.985.4176

With increasing frequency, international business travelers are being confronted with the distinct possibility that U.S. Customs and Border Protection (“U.S. Customs”) may seize and extensively examine the content of laptop devices routinely carried across international borders. Business travelers, concerned in large measure about the security and protection of proprietary and personal information stored on laptops and other electronic devices are complaining about the justification and intrusiveness of these searches. Not surprisingly, such developments have led to the filing of lawsuits in some jurisdictions as to whether or not U.S. Customs’ actions are constitutional and, if so, within the administrative authority of U.S. Customs.

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U.S. Census Bureau to Rule on AES Filings
on Tuesday, June 24, 2008 - 09:07 PM Posted by: Admin
Law By Peter A. Quinter and Caleb W. Sullivan
pquinter@becker-poliakoff.com
csullivan@becker-poliakoff.com
Tel. 954.985.4101
Fax 954.985.4176

The U.S. Census Bureau is reportedly close to issuing a Final Rule which shall require the mandatory filing of export information through the Automated Export System (“AES”) for all shipments where a Shipper’s Export Declaration (“SED”) is presently permitted. The Final Rule will entirely phase out the paper version of the SED (Form 7525-V), substantially increase penalties for untimely or inaccurately filed Electronic Export Information (“EEI”), and specify time frames within which EEI must be transmitted to the exporting carrier depending upon the mode of transportation. It will also provide for regulatory enforcement through three agencies including U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce. The Final Rule, through the amendment of many exiting regulations, will have broad ramifications for exporters, freight forwarders, and carriers. Therefore, a thorough understanding of the rule and its impact on the international trade community is absolutely essential.

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