agenda - international law sectioninternationallawsection.org/wp-content/uploads/2014/06/... ·...

AGENDA

Friday, June 27, 2014

Executive Council Meeting ● 10:00 a.m. – 1:00 p.m. • Sanibel 1-2 Gaylord Palms Resort and Convention Center, 6000 W. Osceola Parkway, Kissimmee, FL 34746

I. Call To Order – C. Ryan Reetz, Chair II. Secretary Report – Eduardo Palmer, Secretary

a. Consideration of Minutes – February 27, 2014 (Attachment A) III. Treasurer Report – Alvin F. Lindsay III, Treasurer

a. Financial Statement – May, 2014 (Attachment B)

IV. General Matters a. Foreign In-House Counsel b. Sponsorships c. Website Status d. Legislation Status (Attachment C) e. 2014 – 2015 Retreat – Peter Quinter f. Committee Reports (Attachment D)

V. Chair’s Report a. 2013 - 2014 Overview

b. Election of Officers / Election of Executive Council c. 2014 – 2015 Proposed Slate (Attachment E)

VI. New Business

a. International Board Certification @ 12:15 p.m. b. Commendations @ 12:30 p.m.

a. Sandy D’Alemberte b. Florida Senator David Simmons

VII. New Chair’s Welcome Remarks Peter Quinter, 2014 – 2015 Chair

VIII. Next Executive Council Meeting Fall Retreat (tentative) IX. Meeting Adjournment

International Law Section Annual Meeting, June 27, 2014 - Agenda

MINUTES OF MEETING

Thursday, February 27, 2014

Executive Council Meeting ● 9:00 a.m. – 12:00 noon. JW Marriot Marquis, Miami

I. Call To Order – C. Ryan Reetz, Chair Quorum present and meeting called to order by Chair. II. Secretary Report – Eduardo Palmer, Secretary

a. Consideration of Minutes – November 11, 2013. Minutes approved.

III. Treasurer Report – Alvin F. Lindsay III, Treasurer

a. Financial Statement – January, 2014. (Agenda – Attachment A) Treasurer presented financial statement and answered questions regarding same.

IV. General Matters

a. Foreign In-House Counsel. Report by Committee Chair, Chris Johnson on study and proposal to expand the ability of foreign admitted in-house counsel operating in Florida to advise client in Florida, similar to what is currently allowed in states such as Texas and New York. Johnson worked with counsel from Kenny Nachwalter firm, who also explained study and proposal. Two sets of possible rules as examples: American Bar Association (ABA) rule and Association of Corporate Counsel (ACC) rule. ABA rule is more restrictive and more in line with what 6 or 7 states have already adopted. Consensus was to move forward using ABA rule as model. The proposal would amend Chapter 17 of the Rules Regulating the Florida Bar. Ed Mullins noted that Vision 2016 is already considering this issue and that the ILS should roll its project into that process. Motion made and approved to pursue approval of the proposal using a dual track approach. Present proposal to Vision 2016 and to the Bar’s appropriate committee for amending Chapter 17.

b. Sponsorships Peter Quinter provided a report on sponsorships.

International Law Section Annual Meeting, June 27, 2014 - Exhibit A1

c. Website Status

Peter Quinter provided a report on the ILS website. He encouraged all members to provide content by supplying information about their recent activities and accomplishments.

d. International Litigation and Arbitration Designated as Certification Status.

Gary Davidson provided a status report on petition to Florida Bar to create a new class of certification for international law. New class would encompass certification for international litigation and arbitration. Need 100 signatures and expects to complete that process by the end of February 2014. Once the necessary signatures are obtained, the goal is to begin administering the first new tests by summer 2015.

e. Legislation Status.

Carlos Osorio gave the report for the Legislative Committee. The goal for the 2014 legislative session is to continue opposing passage of the bill banning the use of foreign law in certain proceedings, commonly known as the “Sharia law” bill. Senator Hayes has once again filed the bill, SB 386.

f. 2014 – 2015 Retreat Peter Quinter discussed the possibility of restarting annual section retreats. Business Law Section (BLS) holds retreats and they are well attended and productive. Retreats will help people get to know each other and cross-market. Discussion regarding different times of year and locations to hold retreats. There was support for holding retreats which would be largely self-funded with some possible financial assistance from sponsors.

g. Committee Reports. (Agenda – Attachment B)

Laura Reich reported on ILAC. Mariela Malfeld reported on the Vis Pre-Moot. Peter Quinter reported on a customs and trade conference in May 2014. Jacqueline Villalba reported on the Immigration Law Committee. Lucius Smejda reported on the NAFTA Committee. Margarita Muina reported on the Tax Law Committee. Gustavo Lamelas reported on the IDR Roundtable Committee. Arnie Lacayo reported on the CLE Committee. Clarissa Rodriguez reported on the Membership Committee. Al Lindsey reported on the Publications Committee. Susana Betancourt reported on the Women in International Law Committee.


V. Chair’s Report

a. The Florida Bar Annual Convention, Gaylord Palms Resort and Convention Center, Orlando, June 26 – 27. 2014. ILS Chair, Ryan Reetz discussed alternative ideas regarding our section meetings at the annual convention. He discussed the possibility of combining some or all of our meetings with the BLS meetings as a means of expanding relationships between the sections and their members. Consensus was that ILS should expand its relationship with the BLS but needs to keep its core meetings separate in order to maintain section identity and objectives. Motion made and approved to have a joint ILS/BLS lunch on Thursday, June 26, 2014 (12 noon) and a joint reception that same day at 6:30 p.m. Various members of the ILS indicated that they intended to attend one or both joint functions.

b. UF law school invites ILS members to attend its Int’l Law Society meeting to provide guidance to

students.

c. Ave Maria Law School also looking for ILS members to attend a law school reception on March 20, 2014.

d. Revitalizing our joint foreign bar programs. Gina Rodriguez discussed ideas to enhance our relationship with the Barcelona Bar. Lucius Smejda noted that the Paris Bar wants to do an event with the ILS next year. Smejda renewed as ILS liaison with Paris Bar.

VI. Next Executive Council Meeting Friday, June 27, 2014 – Gaylord Palms Resort and Convention Center, Orlando

VII. Meeting Adjournment


International Law Section 2013 – 2014

MAY 2014 Section – Financial Statement

Beginning Fiscal Year Fund Balance $ 96,306 Total Revenue $139,683 Total Expenses $96,718 Current Fund Balance $139,271* * See attached Statement of Operations

International Law Section

Membership Current Membership 1,085

International Law Section Annual Meeting, June 27, 2014 - Exhibit B1

Report : 1 of 1 Page : 7 Program : YAZAPFR Statement of Operations Date : 6/11/14 User id : JSMITH ~~~~~~~~~~~~~~~~~~~~~~~ Time : 15:29:38 May YTD 2014 13-14 Actuals Actuals Budget Percent Budget Total International Law ======================= 31431 Sect Dues 0 41,500 45,000 92.22 31432 Affil Dues 95 1,460 1,600 91.25 31433 Admin Fee to TFB -53 -15,419 -16,750 92.05 ------- ------- ------- -------- Total Dues Income-Net 42 27,541 29,850 92.26 ------- ------- ------- -------- 32001 Registrations 0 27,600 0 * 32191 CLE Courses 261 3,426 -1,000 -342.60 32293 Sect Differential 50 750 6,250 12.00 32301 Course Materials 0 60 0 * 34701 Newsletter Sub. 0 0 250 0.00 35201 Sponsorships 1,250 69,750 100,000 69.75 35709 Foreign Program Rev 0 0 5,000 0.00 35721 Rtrt/Registration 0 0 3,000 0.00 37701 Newsletter Advertisi 0 0 250 0.00 38499 Investment Alloc 1,220 10,556 2,883 366.15 39999 Miscellaneous 0 0 500 0.00 ------- ------- ------- -------- Other Income 2,781 112,142 117,133 95.74 ------- ------- ------- -------- ------- ------- ------- -------- Total Revenues 2,823 139,683 146,983 95.03 ------- ------- ------- -------- 36998 Credit Card Fees 0 632 150 421.33 51101 Employee Travel 0 1,599 4,009 39.89 61201 Equip Rental 0 9,758 0 * 71001 Phone/Direct 75 786 900 87.33 71005 Internet Charges 0 0 500 0.00 75102 1st Class & Misc Mai 0 11 0 * 75401 Express Mail 6 69 0 * 84001 Postage 4 566 1,900 29.79 84002 Printing 0 323 500 64.60 84007 Membership 0 0 100 0.00 84009 Supplies 13 122 250 48.80 84010 Photocopying 0 13 300 4.33 84019 ILQ Printing 0 0 5,000 0.00 84020 ILQ Freelance Editor 0 1,250 10,000 12.50 84051 Officers Travel Exp 0 0 1,000 0.00 84052 Mtg Travel Exp 0 0 1,500 0.00 84053 Out Of State Travel 0 0 3,000 0.00 84054 CLE Speaker Exp 0 0 3,000 0.00 84061 Reception 0 499 0 * 84101 Committee Exp 0 0 500 0.00 84201 Board Or Council Mtg 0 197 1,000 19.70 84202 Annual Mtg 0 0 9,000 0.00 84204 Midyear Mtg 0 3,500 3,500 100.00 84205 Section Service Prog 4 1,349 6,000 22.48 84209 Retreat 0 0 5,000 0.00 84236 Foreign Program Exp 0 0 10,000 0.00


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Report : 1 of 1 Page : 8 Program : YAZAPFR Statement of Operations Date : 6/11/14 User id : JSMITH ~~~~~~~~~~~~~~~~~~~~~~~ Time : 15:29:38 May YTD 2014 13-14 Actuals Actuals Budget Percent Budget Total International Law ======================= 84256 Audio Taping/Tech 0 1,130 0 * 84301 Awards 0 221 3,000 7.37 84422 Website 553 4,273 8,000 53.41 84522 Intl Arb Pre-Comp 0 15,000 15,000 100.00 84701 Council Of Sections 0 300 300 100.00 84991 Special Projects 0 650 4,000 16.25 84998 Operating Reserve 0 0 12,940 0.00 84999 Miscellaneous 0 0 500 0.00 85030 Spons Exp 6,000 24,000 24,000 100.00 88241 Outline Prt-Inhouse 0 247 0 * 88252 Course Credit Fee 0 0 150 0.00 88262 Mtg Meals 0 9,708 0 * 88263 Mtg Hospitality 0 7,538 0 * 88265 Refreshment Breaks 0 5,836 0 * ------- ------- ------- -------- Total Operating Expenses 6,655 89,577 134,999 66.35 ------- ------- ------- -------- 86431 Mtgs Admin 157 2,227 2,178 102.25 86532 Advertising News 0 1,249 0 * 86543 Graphics & Art 109 2,312 5,162 44.79 86623 Registrars 22 1,353 0 * ------- ------- ------- -------- Total TFB Support Services 288 7,141 7,340 97.29 ------- ------- ------- -------- ------- ------- ------- -------- Total Expenses 6,943 96,718 142,339 67.95 ------- ------- ------- -------- ------- ------- ------- -------- Net Operations -4,120 42,965 4,644 925.17 ------- ------- ------- -------- 21001 Fund Balance 0 96,306 96,087 100.23 ------- ------- ------- -------- Total Current Fund Balance -4,120 139,271 100,731 138.26 ------- ------- ------- -------- * * * * * End of listing * * * * *


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TO: ILS Executive Council FROM: Rafael R. Ribeiro RE: Legislative Committee Report DATE: June 12, 2014 In December 2013, the ILS Legislative Committee reached out to its members and volunteers to shore up support for what now seems to be its yearly opposition to anti-Sharia legislation introduced in the Florida legislature and to brainstorm on proposed legislative efforts aimed at making Florida a more hospitable place for international litigation and arbitration. Quickly, however, all of the Committee’s resources were allocated to opposing the anti-Sharia legislation, which, according to insiders, had a very good chance of passing this year (it was narrowly defeated last year). Regan Kruse and Katie Sanoja led the charge on reaching out to legislators and their staffs with the help of several new volunteers: Bilzin attorneys David de la Flor, Michael Levine, Sacha Boegem, and Joseph Mamounas, UM Student Nathan Arentsen, and Vivanco & Vivanco’s Grant Smith. Eddie Palmer and Carlos Osorio were instrumental in leveraging our relationships with the ACLU, ADL, FIBA, CABA, and other civil and legal associations to voice our displeasure with the legislation. Of significance importance was Eddie’s and Carlos’s interfacing with Senator Simmons to prepare a strike-all amendment to the legislation that would generally alleviate our concerns. The Simmons Amendment eventually was adopted and, while not perfect, it was a solid compromise that basically codified already-existing caselaw relating to Florida courts’ general application of foreign law. On an unrelated note, we’re sending a Survey Monkey to all ILS members asking them to give us their input on legislative initiatives that they’d like to see addressed. It should go out this Friday (Jun. 13).

International Law Section Annual Meeting, June 27, 2014 - Exhibit C1

The Florida Bar

Eugene K. Pettis John F. Harkness, Jr. Gregory W. Coleman President Executive Director President~Elect

May 22,2014

MEMORANDUM

To: Selected Division, Section & Conunittee Chairs I Chairs-elect

From: Paul F. Hill, General Counsel ~r--

Re: "Sunsetting" of 2012-14 Legislative Positions

cc: Board of Governors, John F. Harkness, Jr.; Rosalyn Scott; Selected Division, Section & Conunittee Liaisons and Lobbyists, Selected Division, Section & Conunittee Legislative Chairs, Steve Metz, Jim Daughton, Aimee Diaz Lyon, Joni Wussler

Consistent with the provisions of Standing Board Policy 9.20(d), all Florida Bar legislative positions for the 2012-14 biennium- to include those of committees, sections and divisions- are to be "sunsetted" at the July 25-26, 2014 meeting of the Bar's governing board.

Attached is a current listing of recognized positions for your division, section or committee. The complete master list of all legislative positions within The Florida Bar is available online at this link: http:l/www.floridabar.orgltfb/TFBLegNW.!L~f!dc7ee304c562ed5b85256709006a26ee!e9db5ca/c9671a0385256b2f006cd Oce ?OpenDocument

Please review your group's existing positions for moot or stale issues, and advise me of which items you deem worthy of continued advocacy in the 2014-16 biennium which begins upon the legislature's organizational session next fall. For convenience, you may return a marked copy of this attachment that indicates your preferences.

Existing legislative positions of voluntarily-funded Bar groups (all sections and the Out of State Division) which are recommended by you for continued advocacy in the new biennium are typically re-approved by the Bar's governing board without any additional formality. Your prompt response to this memo should allow for timely "rollover" action by the BoG at its July 2014 meeting without lapse of any current position that you wish to maintain. However, any request for entirely new legislative positions by your group must be submitted in a more complete form.

Existing legislative positions at "Big Bar" level and those of Bar committees and the Young Lawyers Division- which are supported by mandatory membership fees- are treated differently. Following the sunset of these particular positions, the Board of Governors typically leaves this portion of The Florida Bar's legislative platform blank until later in the year. Any positions in these categories that are considered after this lapse (whether similar to previous ones or not) are reviewed de novo, and treated as new in every respect- particularly for purposes of member dissent and potential fee rebates under R. Regulating Fla. Bar 2-9 3. Regardless, if you have particular recommendations for Florida Bar, YLD or conunittee-level advocacy in the new biennium, please share them with us.

The Governmental Affairs staff at The Florida Bar offers its assistance to your section m complying with this request or for suggesting other possible legislative activity within the Bar. Any off-season legislative emergencies can be considered by the Bar's executive committee or president at any time. You may contact me or my assistant- Joni Wussler- at [email protected] or [email protected], or by calling us at 850 I 561-5662- or Toll-Free at 800 I 342-8060, Ext. 5662. We look forward to working with you.

P.F.H.

Attachment

651 East Jefferson Street • Tallahassee, FL,32399-2300 • (850) 561-5600 • FAX: (850) 561-9405 • www.floridabar.org International Law Section Annual Meeting, June 27, 2014 - Exhibit C2

http:www.floridabar.orgmailto:[email protected]:[email protected]:l/www.floridabar.orgltfb/TFBLegNW.!L~f!dc7ee304c562ed5b85256709006a26ee!e9db5ca/c9671a0385256b2f006cd

International Law Section

July 27, 2012

1. Supports amending 48.193 F.S., 685.101 F.S. and 685.102 F.S. to give Florida courts

jurisdiction to hear contractual disputes involving parties choosing Florida as governing law

as a forum for dispute resolution, even where no other contacts may exist with Florida.

2. Supports amending § 55.502 F.S. to correct a glitch by conforming language defining

“judgments” to the language of the uniform Foreign Money Recognition Act which includes

judgments rendered by courts of U. S. possessions not located within a state of the U S.

3. Supports enabling the Secretary of State to accept service as an agent of a Florida

corporation where no other agents are present in this state. 4. Opposes SB 1294 & HB 1273 (2011) or similar legislation regarding the choice of foreign

laws, legal codes, or systems that declare certain court decisions rendered under such laws,

codes, or systems are void, that certain choice of venue or forum provisions in contracts are

void, or that claims of forum non conveniens or related claims must be denied under certain

circumstances. 5. Supports continuing refinement of the substantive l£!w governing international

commercial arbitrations in this state through necessary remedial amendments to the Florida

International Commercial Arbitration Act, passed in 2010 and codified within F.S. Ch. 684.

International Law Section Annual Meeting, June 27, 2014 - Exhibit C3

DHS, Labor Department and State Department Liaison Committee Report

by Larry S. Rifkin, Co-Chair DHS, Labor Dept. and State Dept. Liaison Committee

Jacqueline Villalba, Co-Chair DHS, Labor Dept. and State Dept. Liaison Committee

As of our last meeting on February 27, 2014, the DHS, Labor Department and State Department Liaison Committee continued to maintain an active committee. On March 13, 2014, we presented an audio webcast to Florida Bar members entitled Immigration Benefits Available to Same Sex Couples in Light of the U.S. Supreme Court’s Decision in Windsor. The audio webcast offered one (1) CLE credit in Immigration and Nationality Law, International Law, or Marital and Family Law. On April 15, 2014, on behalf of the committee, we attended a stakeholder meeting at the USCIS Texas Service Center where we met with the Service Center Director and several key staff members to discuss current policies and trends in adjudications. On July 16, 2014, on behalf of the committee, we will be attending a stakeholder engagement with the USCIS Nebraska Service Center and Texas Service Center to discuss business and employment based immigration matters. The Texas and Nebraska Service Centers have jurisdiction over permanent employment based immigration matters filed by applicants residing in Florida.

International Law Section Annual Meeting, June 27, 2014 - Exhibit D1

VIS PRE-MOOT COMPETITION On March 1, 2014 t he International Law Section of the Florida Bar sponsored its annual pre-moot competition at JAMS Miami. I t was well-attended and within budget. There were nine schools that participated: The Bahamas, University of Georgia, Loyola (New Orleans), University of Florida, University of Miami, Florida State University, Nova Southeastern University, Florida International University, and Stetson. I t was an all-day competition that started with the first round at 9 a.m. The last round ended at 5 p.m. The students were judged by a panel of three arbitrators. T he arbitrators were volunteers from the legal community and included former moot court participants, current arbitrators, former judges, and Judge Bailey of Miami's International Arbitration Court. There were over 20 volunteer arbitrators. Between the 9 schools, approximately 50 individuals (coaches and students) were in attendance. T he ILS provided each of the participating Florida schools $2500 t o defray the cost of attending the Vienna moot or the Hong Kong moot. The team winners were: First place: Loyola, New Orleans Second place: Stetson Third place: FIU Best Oralist: Margaret Spicer and Carrie Rosato (tie) from FSU Runner up oralist: Alexander Thorlton from FIU The steering committee: Mariela Malfeld Sharié Hudson Amy Shenstone Katie Sanoja Kristin Drecktrah Sandy Jones Mariela M. Malfeld, Esq.


Travel Law Committee I believe that the Travel Law Committee should be sunsetted until the time that more interest is shown in this committee. The International Forum of Travel and Tourism Advocates of North America continues to meet annually in Fort Lauderdale, is well attended, and represented by several members of the Florida Bar. Travel and Tourism remains the number one industry in the State of Florida and it is regretful that after many years of great activity that interest in this committee has waned. Sincerely Laurence D. Gore


Election Ballot June 27, 2014

OFFICERS Chair Peter A. Quinter Chair-Elect Eduardo Palmer Secretary Alvin F. Lindsay, III Treasurer Arnoldo B. Lacayo Immediate Past Chair C. Ryan Reetz

EXECUTIVE COUNCIL

Terms Expiring June 30, 2016

Gary Davidson

Christopher N. Johnson

Regan N. Kruse

James M. Meyer

Laura M. Reich

Katherine A Sanoja

Term Expiring June 30, 2016 (replacing Arnoldo B. Lacayo)

Luis S. Konski

International Law Section Annual Meeting, June 27, 2014 - Exhibit E1

Agenda - June 27, 2014Exhibit A1 - 2014 - Minutes of Feb 27th mtgExhibit A2 - Roster - February 27, 2014Exhibit B1 - Financial Statement SUMMARY - May 2014Exhibit B2 - ILS May 2014 Financial StatementExhibit C1 - ILS Legislative Committee ReportExhibit C2 - International Law Section - Sunset MemoExhibit D - DHS - ILS Committee Report 0614Exhibit D - VIS PRE MOOT ReportExhibit D - Travel Law CommitteeExhibit E - Proposed Slate

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