By: Max Shterngel, Esq.
By the time that you read this, members of the International Section will be kicking off an incredible Fall Seasonal Meeting in France! Paris is the focus during October 19-21, but pre-meeting events are occurring in Strasbourg (home of the European Court of Human Rights) beginning on October 15-17.
The focus of the Strasbourg discussions is, not surprisingly, Brexit. Providing a timely perspective on the implications of Brexit to U.S. diplomatic and business interests will be keynote speaker Amy P. Westling, who is U.S. Consul-General in Strasbourg as well as the Deputy Permanent Observer to the Council of Europe. The activities in Strasbourg include tours of the European Court of Human Rights, the Strasbourg Cathedral, a famous winery, and a visit to the picturesque Alsation town of Colmar.
The events and meetings in Paris are spread over three days and feature a stunning 27 different panels. Topics range from Transatlantic Trade (speakers include the U.S. Ambassador to the WTO), a panel on the Ethical Practice of Law (panelists include a Justice from the Court of the European Union, a Brazilian federal judge, and a U.S. Bankruptcy Judge), and a signing of a Memorandum of Understanding between the NYSBA and the Union Internationale des Avocats, an international bar association active throughout Europe. Other notable panels include one on "Uber, AirBnB and the Rise of the Collaborative Economy," Cross Border Data Security, and a special conversation with Max Schrems, the plaintiff who prevailed last year before the European Court of Justice in invalidating the Safe Harbor arrangement, which had governed data transfers between the EU and the US. The social events are too intriguing to describe in detail, but as a flavor of what is on the agenda, there is a fancy cruise on the Seine River. Pricing for the Paris meetings for attorneys admitted in 2013 or later is about $1000, which includes virtually a whole year's worth of CLE credits and unparalleled international networking opportunities. The full program of the Strasbourg and Paris meetings is available at the following link: www.nysba.org/ilpparis2016/
After everyone gets back from Paris, there will be a number of local events in NYC events sponsored by the International Section, including:
October 25, 2016 at New York Law School: Twenty Years After the AEDPA - Challenges in Immigration Representation in NY and Beyond.
October 26, 2016 at St. Johns Law School: The New U.S. President and Crises in the Global Order (featuring a panel of distinguished scholars and bloggers from Opinio Juris)
Also of interest to Young Lawyers interested in international law (whether or not you are a member of the NYSBA International Section) is International Law Weekend (ILW) at Fordham Law School, to be held on October 27-29, with an excellent roster of panels and an Opening Panel and Wine & Cheese Reception at the City Bar on October 27 from 6:30 p.m. to 10 p.m. The full brochure for ILW is here: a href="http://www.ilsa.org/conferencesILW/ProgramILW2016.pdf">www.ilsa.org/conferencesILW/ProgramILW2016.pdf
Looking ahead to 2017, there will be the Annual Meeting during January 23-28, and Global Law Week in May 2017 (a week full of illuminating panels hosted by international firms in NYC).
In addition, the International Section is forming a Law Students and Young Lawyers Committee, and all who are interested in getting more involved in the International Section can e-mail me at email@example.com.
Case Law Developments Snapshot:
The past few months have seen a number of important decisions by the U.S. Supreme Court and federal appellate courts relating to international litigation. Here are some highlights:
RJR Nabisco v. European Community (U.S. Supreme Court, Decided June 21, 2016): The Court, in a 4-3 vote, reversed the Second Circuit, holding that civil RICO's extraterritorial application is linked to the extraterritorial reach of RICO's predicate statutes, but that a RICO plaintiff must nonetheless allege and prove a domestic injury. Tobacco giant RJR Nabisco defeated a 16-year case brought by European countries alleging a far-reaching money-laundering scheme.
Microsoft Corp. v. United States of America (Second Circuit, Decided July 14, 2016): The Second Circuit held that the Stored Communications Act of 1986 lacks the extraterritorial reach to enable the United States to force Microsoft to comply with a warrant by producing e-mails stored on a server in Ireland. The United States has recently filed a petition for a panel rehearing or rehearing en banc, and it would not surprising if the U.S. Supreme Court took the appeal.
Chevron Corporation v. Donzinger (Second Circuit, Decided August 8, 2016): The Second Circuit held that a $9.5 billion pollution judgment against Chevron issued by an Ecuadorean court was the product of fraud orchestrated by a New York lawyer, and could not be enforced anywhere in the U.S. Ecuadorean judgment creditors have petitioned for the Second Circuit to rehear the appeal, while an arbitral panel has said it will consider the Second Circuit's decision.
Licci v. Lebanese Canadian Bank (Second Circuit, Decided August 24, 2016): The Second Circuit held that claims under the Alien Tort Statute (ATS) by families of Hezbollah terror victims against a Lebanese bank that processed payments to Hezbollah through New York correspondent bank accounts must be dismissed because the Circuit precedent, Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111, 145 (2d Cir. 2010), holds that the ATS does not provide for corporate liability. This case may also make its way to the U.S. Supreme Court.
In re Vitamin C Antitrust Litigation (Second Circuit, Decided September 20, 2016): The Second Circuit vacated a $147 million antitrust judgment against Chinese vitamin manufacturers on the grounds of international comity, finding that the Chinese law required the companies to set prices and reduce quantities of vitamin C sold abroad. Supreme Court review is in the cards.