Publications, Presentations & Events Archive

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.

Creating a potential Catch-22 for the adult survivors given the opportunity to bring claims during the one year look-back period, the COVID-19 crisis has closed state courts to any new civil case filings and effectively stopped any of these cases from proceeding.

In these tough times, when clients are looking to protect assets and increase revenue, it is more important than ever to ensure that their arbitral awards are collectible. A truly successful outcome requires the ability to enforce and monetize the award that was won in the arbitration. When faced with a recalcitrant award debtor, it is imperative to think strategically and work closely with counsel and experts to enforce and identify recoverable assets.

Banks serving clients in the many countries the U.S. views as high risk for money laundering should be aware that the U.S. Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Department of the Treasury, plans to expand its use of “special measures” to fight money laundering and terrorist financing. 

Adam Kaufmann moderated a panel at the inaugural OffshoreAlert Conference Latin America. The panel presented the Brazilian perspective on corruption enforcement, international cooperation, and asset recovery from both the prosecution and defense perspectives.

Cristián Francos lectured on FCPA principles at the University of Buenos Aires School of Law’s Masters program in Criminal Law, Corporate Criminal Liability and Compliance section.  

Lewis Baach Kaufmann Middlemiss partner Cristián Francos spoke at ACI's Anti-Corruption Compliance for High Risk Markets conference on July 24, 2019 in Washington, D.C.

Arthur Middlemiss was a panelist at a CLE event titled "Doing Business in Mexico: Legal Developments in Arbitration and Financial Crime (Anti-Money Laundering and Anti-Corruption)," jointly presented by Lewis Baach Kaufmann Middlemiss PLLC and Von Wobeser y Sierra, S.C.

Cristián Francos served as Organising Committee Head for the 22nd Transnational Crime Conference in Buenos Aires. 

Adam Kaufmann delivered the keynote speech at the 15th International Arbitration Conference in Rio de Janeiro.

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.  

Adam Kaufmann delivered the keynote presentation at the Brazilian Center of Mediation and Arbitration (CBMA)'s Third International Conference.

The increasing global focus on corruption has led to stronger international cooperation and coordination among regulators, resulting in landmark enforcement actions in new jurisdictions. [...] This panel offered private and public sector prespectives on the latest enforcement trends, the key elements of the new anti-corruption laws, and what all this means for businesses and individuals involved in transnational corruption cases.

The First Department Appellate Division in New York recently issued a ruling that will make the recognition of foreign country money judgments more difficult in New York. Kate Toomey and Tara Plochocki summarize its impact.

Eric Lewis focuses on three key areas: (1) the widening of the net from sanctioned individuals to their families; (2) the application of the evasion provisions to foreign persons; (3) the bringing of new classes within existing sanctions.

A dual Brazilian and US national who has led TheJudge litigation funding and insurance company in New York for the past year has returned to private practice, joining disputes boutique Lewis Baach Kaufmann Middlemiss to help strengthen its Latin America practice.

Ms Toomey is quoted saying, "If [the case] is decided in favor of Hamer, then it may signal a small equitable 'crack' in the longstanding edifice that says time limits to file appeals are jurisdictional." 

“I’m very, very lucky to have an opportunity where I can practice in international arbitration, focused on the substantive areas that I know well, and also be able to apply the skills I’ve learned working at the litigation finance company,” Levin said.

Mr. Liston, an attorney for Rogicki in both the SEC and state court matters, told Law360 on Friday that his client has "accepted full responsibility for his actions.", an attorney for Rogicki in both the SEC and state court matters, told Law360 on Friday that his client has "accepted full responsibility for his actions."

Featured speaker for Women’s Bar Association business development lunch concerning how cultural differences can affect business development strategies and the potential for success.

We are pleased to report that on August 16, 2016, the United States Treasury Department removed the Philippines and Indonesia branch offices of our client, the International Islamic Relief Organization of Saudi Arabia (IIROSA) from the Office of Foreign Assets Control Specially Designated Nationals (SDN) list. The administration’s action in this matter demonstrates a clear commitment to an impartial review of the facts and its belief in IIROSA’s ability to oversee its critical global relief operations.

Parties employ international arbitration for a number of reasons, including efficiency, neutrality, enhanced control over the process, the expertise of the arbitrators, and the enforceability of the award. However, these advantages may be severely compromised if an arbitration clause is poorly drafted and the parties subsequently become embroiled in a lengthy and costly legal battle over an issue that relates to the existence, validity, effect, construction, or discharge of the agreement to arbitrate. Importantly, “whether the arbitration agreement is valid or not, under the law applicable to it, will have a bearing on whether the dispute can be referred to arbitration, whether court proceedings can be halted, and whether the resulting award is enforceable.”