International Law Quarterly, Winter 2012

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.


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10th Annual ILAC Audio CD Now Available!

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: 1422C

Click here to order the Audio CD.

ILS Legislative Committee Report of 3-14-12

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.

(2) Second, the defeat of this year’s iteration of the “Sharia Law” bill, SB 1360/HB 1209 (Sen. Hays and Rep. Metz sponsors). We wrote to you all several times in the last few weeks asking that you write Florida Senators to oppose this misguided and unconstitutional bill that sought to greatly limit the application of foreign law in family court actions. Had the bill succeeded, it would have set a dangerous precedent for further restrictions on the application of foreign law in all practice areas in Florida. We are again indebted Sen. Diaz de la Portilla for his role in this battle. The ILS, with the support of the Family Law Section, led an uphill battle against motivated bill sponsors who had managed to get the bill through the House and up for consideration on the Senate floor. It was not until the last day of the Legislative Session that we were able to succeed in blocking passage of the bill. We must remain vigilant because it is likely that the bill will return in 2013.
It is efforts like these that highlight the importance of having a strong ILS.
The ILS Legislative Committee
Eduardo Palmer (Chair), Richard Dewitt, Carlos Osorio, Regan Kruse, Omar Ibrahem, Todd Kocourek, Raquel Rodriguez, Phil Buhler, Brock McClane

Call for Int’l Human Rights Award Nominees

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 and accompanying materials, including a “Statement of Reasons,” should be emailed to Sharyne Tu at by March 19, 2012.

Help Draft a Proposed Ethics Rule

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

ILS Wants Senators to Oppose SB 1360, The Sharia Law Bill

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