Quick Response Panel: A Recap and Analysis of the Supreme Court Oral Arguments Addressing the Alien Tort Statute in Kiobel v. Royal Dutch Petroleum

March 1, 2012

On March 1, 2012, the Washington Foreign Law Society, in cooperation with the Immigration & Human Rights Committee and the International Dispute Resolution Committee of the DC Bar International Law Section; the International Environmental Law Committee and the International Human Rights Committee of the American Bar Association’s Section of International Law; the International Environmental Law Committee of the American Bar Association’s Section of Environment, Energy and Resources; and the American Society of International Law presented a morning discussion on the Supreme Court oral arguments addressing the Alien Tort Statute (“ATS”) in Kiobel v. Royal Dutch Petroleum.    In 2010, the Second Circuit ruled in Kiobel v. Royal Dutch Petroleum that the Alien Tort Statute, which allows lawsuits in U.S. courts for violations of international law, does not create a legal basis for suits against corporations.  The panelists included John Bellinger III, Partner, Arnold & Porter LLP;  Marco Simons,  Legal Director, EarthRights International; Jonathan Cedarbaum, Partner, Wilmer Hale; and moderator Professor Edward Swaine,  Professor of Law, GW Law School.   Thanks to all who participated by phone or in-person with a panel of well-known experts discussing what lies ahead for the ATS.

BIOGRAPHIES:

John Bellinger III is a partner in the international and national security practices of Arnold & Porter LLP in Washington, DC.  He represents sovereign governments and U.S. and foreign companies on a variety of international law and U.S. national security law issues, including enforcement of foreign judgments and lawsuits under the Alien Tort Statute.  He is also an Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations.  Mr. Bellinger served as The Legal Adviser for the U.S. Department of State under Secretary of State Condoleezza Rice from April 2005 to January 2009.  Mr. Bellinger negotiated a number of treaties and international agreements, including the Third Additional Protocol to the Geneva Conventions; and represented the United States before the International Court of Justice in Mexico v. United States (Medellin) and the Iran-U.S. Claims Tribunal.  Mr. Bellinger previously served from February 2001 to January 2005 as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House.  He previously served as Counsel for National Security Matters in the Criminal Division of the Justice Department during the Clinton Administration (1997-2001), as Special Counsel to the Senate Select Committee on Intelligence (1996), and as Special Assistant to Director of Central Intelligence William Webster (1988-1991).

Mr. Bellinger received his A.B. from Princeton University’s Woodrow Wilson School of Public and International Affairs, his J.D. from Harvard Law School , and an M.A. in Foreign Affairs from the University of Virginia. He is a member of the Secretary of State’s Advisory Committee on International Law and one of four U.S. members of the Permanent Court of Arbitration in the Hague.

 

Marco Simons is the Legal Director at EarthRights International (ERI), a nongovernmental organization dedicated to protection of human rights and the environment worldwide. Marco oversees the ERI’s Legal Program, which aims to hold corporations and other actors accountable for human rights and environmental abuses. Marco has represented victims of abuse in several transnational human rights cases in U.S. courts, including Doe v. Unocal, Wiwa v. Royal Dutch Petroleum Co. (Shell), Bowoto v. Chevron, and Doe v. Chiquita. He has co-authored numerous amicus briefs for ERI, including four briefs in the U.S. Supreme Court. Marco also directs ERI’s efforts to enhance accountability at the international level and to increase legal support for the protection of human rights and the environment in the Mekong basin and the Amazon region.

Marco is a graduate of Yale Law School, where he received the Robert L. Bernstein Fellowship in International Human Rights to work with ERI. After law school, he clerked for the Honorable Dorothy Wright Nelson on the U.S. Court of Appeals for the Ninth Circuit. He then worked for Hadsell & Stormer, Inc., a Pasadena civil rights law firm, which co-counseled with ERI on Doe v. Unocal and Bowoto v. Chevron. He also served as Communications Director for the campaign of Ro Khanna for U.S. Congress in California’s 12th District, and has taught human rights law at Occidental College and at the Washington College of Law. Marco holds an undergraduate degree in environmental science. He is currently admitted to practice in California, Washington D.C., and Washington State, as well asfederal courts including the Supreme Court.

 

Jonathan G. Cedarbaum is a litigation partner at WilmerHale, where he worked from 2003 to 2009 and has recently returned after a stint at the Justice Department.  From June 2009 to June 2011, he served in the leadership of the Justice Department’s Office of Legal Counsel (“OLC”), first as a Deputy Assistant Attorney General and ultimately as the Acting Assistant Attorney General heading the Office, which is charged with providing authoritative legal advice to the President, the Attorney General, and all Executive Branch departments and agencies.  Cedarbaum worked as an attorney-adviser at OLC in 1999-2002 and as a Bristow Fellow in the Office of the Solicitor General in 1997-1998.  He has also served as a legal adviser at the International Criminal Tribunal for the Former Yugoslavia and as a legislative assistant to a Member of the House of Representatives.

Mr. Cedarbaum graduated from Yale Law School in 1996 then clerked for Judge David Tatel on the U.S. Court of Appeals for the D.C. Circuit and for Justice David Souter on the Supreme Court.

Professor Ralph Steinhardt specializes in international law and its application in domestic courts. At George Washington University law School, he teaches the introductory survey course in international law, conflicts of laws, international human rights, and international civil litigation.  He is the co-founder of the Oxford-GW Program in International Human Rights Law, at New College, Oxford, now in its eighteenth year of operation. He has been counsel in a variety of alien tort actions over the last thirty years, including among others Sosa v. Alvarez-Machain in the Supreme Court and some of the human rights cases against former Philippine President Ferdinand Marcos, the first ATS case to go to trial. He has written books and articles on the application of international law in U.S. courts, statutory construction, human rights, international trade law, and jurisprudence.

 

He has also served as legal counsel to several foreign governments in both commercial and intergovernmental matters, including border disputes, arbitrations, and economic relations. He served as counsel to the U.N. High Commissioner for Refugees and numerous human rights NGOs, including  Amnesty International, Human Rights Watch, and Human Rights First. He was the founding chair of Center for Justice and Accountability in San Francisco, an anti-impunity organization established by Amnesty International in 1998. Steinhardt served for two years as Associate Dean for International and Comparative Legal Studies at the Law School. His most recent publications and appearances as an expert witness address the role of international law in domestic courts, including the liability of multinational corporations for their complicity in human rights violations. He was the only American on the International Commission of Jurists Expert Legal Panel on the human rights obligations of multinational companies.

Professor Edward T. Swaine (moderator) is Professor of Law at the George Washington University Law School.  He is the author of numerous articles on international law and US foreign relations law, and co-author of Foreign Relations and National Security Law: Cases, Materials (West, 4th ed. 2011).  In 2005-2006, he served as the Counselor on International Law at the U.S. Department of State.

China’s Restrictions on the Internet: Actionable Trade Barriers?

February 15, 2012

Time:  Wednesday, February 15, 2012 from 12:00 pm to 1:30 pm

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The Chinese government monitors use of the Internet, censors the content of information available online, and imposes firewalls to block access by Internet users to search engines and other websites. The purpose is to control the flow of information to Chinese citizens. These practices have raised human rights concerns in the international community. At the same time, such practices have serious economic consequences, including for U.S. IT companies in the Chinese market. It is argued that China’s practices violate obligations that China assumed under the General Agreement on Trade in Services (GATS) when China became a member of the World Trade Organization (WT0). Invoking a provision under GATS, the Office of the United States Trade Representative (USTR) recently requested detailed information from the Chinese government regarding its control of the Internet. Come hear officials of the Executive and Legislative Branches and industry representatives discuss China’s restrictive Internet practices, the impact those practices have on U.S. firms, and the potential WTO implications.

This Off the Record Luncheon Program is sponsored by the International Trade Committee of the International Law Section and in co-sponsorship with the Washington Foreign Law Society.

Remarks made during “Off the Record” programs may not be used for publication.

Location
D.C. Bar Conference Center
1101 K Street, NW, Conference Center
Washington DC 20005

Contact
Sections Office 202-626-3463

Speakers
Keith Loken, Office of the Legal Adviser, Department of State (Moderator)
Jonathan McHale, Deputy Assistant United States Trade Representative for Telecommunications and Electronic Commerce Policy, Office of the United States Trade Representative
Morgan Reed, Executive Director, Association for Competitive Technology
Matthew Schruers, Vice President, Law and Policy, Computer & Communications Industry Association
Jayme White, Staff Director, Subcommittee on International Trade, Customs and Global Competitiveness, United States Senate

CLE Credit
No

Cost
Government and Non-profit Employees $12.00
International Law Section $15.00
Law Students $12.00
Non-Section Members $25.00
Washington Foreign Law Society $15.00

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Stolen Asset Recovery

February 7, 2012

On Tuesday, February 7th, 2012, the Washington Foreign Law Society, in cooperation with the ABA Section of International Law International Anti-Money Laundering Committee; The World Bank; Transparency International- USA; and the ABA Section of International Law Anti-Corruption brought together a distinguished panel of practitioners to lead a substantive discussion on the Stolen Asset Recovery Initiative (StAR); current efforts to track and trace misappropriated monies from former government officials such as former Tunisian president Ben Ali and former Egyptian president Hosni Mubarak; the DOJ’s Kleptocracy Asset Recovery Initiative that is now up and running tasked to identify, and recover, the proceeds of foreign official corruption through civil forfeiture; the strength and weaknesses of criminal and civil laws in pursuing the recovery of these assets in foreign jurisdictions; and cooperation and challenges in building these types of asset recovery cases.  Panelists included Claudia Dumas, Transparency International; Emile van der Does de Willebois, Financial Integrity Unit, World Bank (primary author of the StAR white-paper, “The Puppet Masters”); Mikhail Reider-Gordon, Certified Anti-Money Laundering Specialist, Navigant Consulting Inc.; and Daniel Claman, Assistant Deputy Chief, Asset Forfeiture and Money Laundering Section, Criminal Division, U.S. Department of Justice.  Sam Witten, President of the Washington Foreign Law Society, Counsel at Arnold & Porter and former Deputy Legal Adviser, U.S. Department of State, moderated the event.    The event was held at the World Bank from noon to 2:00 pm.

Careers in International Anti-Money Laundering

February 6, 2012

On Monday, February 6, 2012, the Washington Foreign Law Society, in cooperation with the ABA Section of International Law International Anti-Money Laundering Committee; Young Professionals in Foreign Policy; George Washington University; Georgetown University Law – Asia; American University Washington College of Law Business Law Program and International Legal Studies Program; ABA Law Student Division;  ABA Law Student, LLM & New Lawyer Outreach Committee (SIL); and ABA International Anti-Corruption Committee (SIL), presented an evening panel representing a broad spectrum of practitioners who are focused on anti-money laundering careers. Panelists shared how they arrived at their present positions, what helped to get them there, the type of work they do and what they wish they’d known in law school related to AML careers. Panelists included Truman Butler, Wells Fargo Senior Counsel, BSA Section & AML Compliance; Bruce Zagaris, Partner, Berliner Corcoran & Rowe LLP; Stephanie Brooker, Chief, Asset Forfeiture and Money Laundering Section, United States Attorney’s Office for the District of Columbia; Danielle Camner Lindholm, BAE Systems; Mikhail Reider-Gordon, Certified Anti-Money Laundering Specialist, Navigant Consulting Inc.; and Michael Buffardi, Special Advisor for Non-Bank Financial Institutions, Regulatory Policy & Programs Division, FinCEN.  The event was held at the Center for Strategic & International Studies.

The Lacey Act and Imported “Plant Products”: Recent Enforcement Trends Generate Calls for Amendment

January 5, 2012

The Lacey Act targets trafficking in illegally sourced wildlife, plants and plant products. Under the Act, for example, it is unlawful to import, sell, receive and purchase various products that were taken and exported in violation of foreign laws; violations can trigger both civil forfeiture and criminal penalties. Congress expanded the Lacey Act in 2008 to include certain “plant products,” including products made from wood, to address concerns primarily relating to illegal logging overseas, and to add a declaration requirement that applies to importers of plant products.

These 2008 revisions have been the subject of considerable media attention in connection with recent federal enforcement actions, and a bill to amend those provisions has been introduced in the House. Meanwhile, the USDA is conducting a statutorily mandated review of the implementation and declaration requirements of the law.

The Washington Foreign Law Society was pleased to co-sponsor a panel discussion on the implementation of the 2008 Lacey Act amendments and the various proposals to adjust them. Speakers included representatives from the Department of Justice Environmental Crimes Section, the Environmental Investigation Agency, and the International Wood Products Association.

The panel took place on Thursday, January 5, at 8:30am-10:00am, at the offices of Beveridge & Diamond, 1350 I Street NW, Washington DC 20005.

This event was co-sponsored with the Washington Foreign Law Society, the Environmental Law Institute, ABA SEER International Environmental Law Committee, DC Bar Section on Energy, Environment and Natural Resources.

Reception Honoring Japan

November 1, 2011

On November 1, the Washington Foreign Law Society co-hosted its annual reception with Harold Koh, the Legal Adviser for the U.S. Department of State, in the historic Diplomatic Reception Rooms at the Department of State.  The honoree for the 2011 reception was Japan, and Ambassador Ichiro Fujisaki accepted the honors in a keynote address to the more than 250 people in attendance.  Sam Witten, President of WFLS, Harold Koh, and Mary McLeod, Koh’s principal deputy, also delivered remarks, praising the collaboration between Japan and the United States on legal issues including the aftermath of the March 11 Great East Japan Earthquake, the International Criminal Court Review Conference, and the coordination of donor oversight of the Khmer Rouge Tribunal.  In addition to the spectacular surroundings of the reception rooms, the Law Library of Congress displayed a special selection of works from the Rare Book Collection relating to the legal and constitutional history of Japan.  As another special treat, guests watched a traditional Kagami-Biraki ceremony, during which the dignitaries broke a barrel of sake with mallets and shared the sake with the crowd.

WFLS and ABA Breakfast on Careers in International Anti-Corruption

October 25, 2011

The Washington Foreign Law Society in conjunction with the Anti-Corruption Committee of The ABA Section of International Law and local D.C. law schools presented an expert panel on careers in international anti-corruption compliance and enforcement.  The audience heard from practitioners from the Justice Department, the Securities and Exchange Commission, international organizations, and private practice as they provide an update on international policy and enforcement trends of the Foreign Corrupt Practices Act (FCPA) and other anti-bribery laws and discussed careers for lawyers working in these areas.

World Bank Sanctions and Anti-Corruption Efforts

October 24, 2011

The Washington Foreign Law Society in conjunction with the World Bank presented a panel discussion on Monday, October 24, at 8:30 am on the Bank’s sanctions system, including the role of the Integrity Vice Presidency, the Sanctions Evaluation and Suspension Officers, and the Sanctions Board in determining whether the evidence is sufficient to support a finding that a firm or individual engaged in sanctionable misconduct, whether sanctions are appropriate, as of what point the company will be temporarily suspended, and how sanctions are determined by the Evaluation and Suspension Officers and how they may be appealed to the Sanctions Board.

Washington Foreign Law Society Annual Garden Party

September 21, 2011

On September 21, 2011, the Washington Foreign Law Society held its annual Garden Party and membership meeting.  The event brought together dozens of members of the WFLS community to socialize, discuss programs during the last year, and plan for the coming year.   It also received the report of the Nominating Committee and elected officers and members of the Board of Governors for 2011-2012.

After the Protests: Supporting Democratic Transitions in the Middle East

July 20, 2011

The interim governments in Egypt and Tunisia have promised transitions to democratic rule and the Tunisian and Egyptian people have embraced the opportunity for reform.  They have begun to form new associations to address the many needs facing their country as it transitions to democracy.  These include, building accountable and transparent government institutions and addressing the country’s economic woes.

The Washington Foreign Law Society held a panel discussion focused on the importance of maintaining a focus on human rights during this transition period, the role of civil society in the process, and the efforts of U.S. policy makers to support the transitions in Egypt and Tunisia.   Panelists included Jessica Lieberman, Acting Director in the Bureau of Democracy, Human Rights and Labor at the U.S. Department of State; Neil Hicks, International Policy Advisor at Human Rights First; and Kareem Elbayar, Legal Advisor at the International Center for Not-for-Profit Law.

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