Manuel S. Varela

The U.S. Senate joined the House of Representatives and passed the 2021 National Defense Authorization Act, a defense spending bill, which included the Corporate Transparency Act (the “Act”).  That Act sets forth an expansion for the disclosure requirements for certain US and non-US companies doing business in the United States. 

The Second Circuit held that 28 U.S.C. § 1782(a) cannot be used to support petitions for discovery for use in private foreign commercial arbitrations, settling an issue that has lingered unresolved in the circuit since 2004. The new decision, In re Guo, puts the Second Circuit squarely at odds with recent decisions issued by other circuit courts, raising the possibility that the Supreme Court will take up the issue next session to resolve the split. While Guo does not impact the ability of parties to foreign public arbitrations and litigations to take § 1782(a) discovery, for now at least, parties to private foreign arbitrations may have to look to more favorable circuits outside New York for relief.

The health effects of Covid-19 have created personal tragedies that seemed unimaginable a few short months ago. Despite the efforts of governments, the virus has shown that the world is inextricably interconnected. How we respond will dictate whether that interconnectedness is a positive or negative force as we try to recover from the economic crisis that has arisen in the wake of the pandemic. In Latin America, individuals and companies have either begun to see, or fear, the return of currency controls, defaults and chaos as the governments of the region confront historic challenges. Many have once again sought refuge in the perceived relative safety of the U.S. financial system. However, investors may find that their sudden search for a safe haven may bring on a series of unanticipated problems.

There is a popular misconception that asset forfeiture is limited to the luxury cars, private jets and speedboats of drug dealers, but many well-meaning businesses and individuals are finding themselves with their assets seized under statutes that provide U.S. authorities extremely broad powers. And these seizures often occur without any warning to, or even accusation against, the owner of the assets. Once seized it can take years to obtain recovery of perfectly legal assets. In these uncertain times, as many well-meaning people seek the relative safety of the U.S. banking system, individuals and companies in many countries may innocently use money-transfer systems that exponentially increase the risk of having their assets seized. Why does this happen and how can it be avoided?

The coronavirus pandemic has not only caused untold misery, it has forced the virtual shutdown of the global economy. Everyone hopes that this crisis will pass, but events have shown there is a false choice between mitigation and resumption of economic activity. Mitigation, with testing and social distancing, must be done to avoid wave after wave of disease, which will only lead to rolling cessations of economic activity. Given the economic dislocation occasioned by this global crisis and that it is likely to continue for at least a few more months, we can anticipate that many businesses will fail, and others will require time and help to restore financial health and operations. There is little doubt that innumerable global businesses will need the protection of an organized and coordinated insolvency and reorganization process as soon as this crisis is over. The time for them to begin planning is now.

Having practiced law in the United States for more than twenty years, it is the American jury system that seems to be the greatest source of confusion, mystery and sometimes fear for clients. Many of them have seen the classic jury room movie Twelve Angry Men or, more recently, Runaway Jury, and fear that an unreasonable jury will bankrupt their companies or convict them of crimes they did not commit. For all of the questions about juries I have answered over the years, I now have a new experience on which to draw – two months ago I was a juror on a federal criminal jury trial. I was surprised by what I learned inside the jury box and inside the jury room and it changed some of my own assumptions about juries.

Many people outside of Argentina, as well as those within, have watched in wonder as the explosive investigation of the Cuadernos case evolves and touches upon more and more individuals and companies. Recent experience has taught us that investigations of this magnitude are never contained within a country’s borders and individuals and companies that have done, or are doing, business in Argentina must consider the civil and criminal ramifications of the growing corruption scandal regardless of their own culpability.  

Escrito por Eric L. Lewis, Manuel S. Varela and Cristián Francos.

La Ley (Suplemento Finanzas Para Abogados, Universidad del CEMA)

Escrito por Eric L. Lewis, Manuel S. Varela and Cristián Francos.

Written by Manuel S. Varela & Paul J. Maloney, DRI - - RX for the Defense

On December 9, 2021, the Biden administration published the first-ever United States Strategy on Countering Corruption. This Strategy sets forth a “whole-of-government” approach to combating corruption in the United States and around the world. Individuals and entities should expect an increase in sanctions and scrutiny of activities that present high corruption-related risk. As such, companies and individuals should immediately review current business activities to ensure that they understand their exposure to corruption-related risk and have in place commensurate controls to deter and detect potential problems. A proactive approach to corruption risk now will provide material future benefits if the expected increase in regulatory and law enforcement scrutiny results in a corruption-related inquiry.

Manuel Varela was interviewed by Iberian Lawyer on the events surrounding the assault on the Capitol and potential legal consequences for Trump.

Spanish newspaper El Mundo reported on a ruling by Spain's Constitutional Court holding that the imprisonment of Nervis Villalobos, a former Venezuelan official, was unconstitutional. Partner Manuel Varela represented Mr. Villalobos in the appeal.

Partners Manuel Varela and Cristián Francos authored a paper on the Argentine Notebooks investigation which was quoted in Argentina’s La Nación.

Manuel Varela, especializado en derecho penal en Washington, cree que las consecuencias de este caso para el grupo español pueden ser "gravísimas"

Woodsford Litigation Funding, one of the leading global third party funders, has announced a funding facility agreement with Lewis Baach which ensures the firm can offer clients an expedited, one-stop arrangement for the financing of high value litigation and arbitration.

Manuel Varela, natural de Domaio, es abogado en un bufete en Washington que lleva la denuncia de la familia propietaria del banco, intervenido tras un informe del FinCEN americano

Manuel Varela and Cristián Francos were interviewed by AUNO legal magazine on Litigation Funding

Manuel Varela y Cristián Francos fueron entrevistados por la revista legal AUNO respecto del financiamiento de litigios

AUNO Abogados magazine interview with Manuel Varela and Cristián Francos on Lewis Baach’s practice for clients in Argentina and the rest of Latin America. 

Ariel Neuman, Natalia Alonso and Alfredo Veronesi, reporters from AUNO Legal Magazine, interviewed Manuel Varela and Cristián Francos regarding the Lewis Baach PLLC Latin American practice and it's Buenos Aires office as well as the careers of  Messrs. Varela and Francos.