UBS International tax attorneys speak for ILS

Recently, Mr. Christopher Andrews St. Victor de Pinho and Ms. Jennifer Sinclaire spoke about "Structured Finance and the Global Credit Crisis" at MCSOL for a group of students and practitioners.  Mr. Pinho and Ms. Sinclaire are in-house tax attorneys for UBS Financial Firm in Stamford, Connecticut.  Mr. Pinho spoke about the devastating economic results stemming from the credit crisis and Ms. Sinclaire explained structured finance and how it is used by the investment banks.  Their dual presentation was extremely enlightening and educational, especially for students (like me) who are trying to understand the market and how this current credit crisis began and implications it has for the future.  

The ILS would like to thank Mr. Pinho and Ms. Sinclaire for taking time out of their busy schedules to come speak at the law school.  Their presentation was a great learning experience and one that will not be forgotten.  

Why do Latin Americans sue U.S. companies?

I haven't been able to nail down one particular unifying theme to this quandary. What I do know is that, as U.S. markets expand in an increasingly globalized world, they become subject to many new laws while still operating under the cloak of United States' judicial protection.

For example, companies are quickly opening branches, manufacturing plants, agricultural endeavors and selling an increasing number of products to Latin American countries. Although there are no Regional Trade Agreements or Free Trade Agreements between the U.S. and many, if not most, of these countries (Mexico excluded) this commercialism grows nearly uninhibited. As a result, hundreds, if not thousands of law suits hit U.S. courts from Latin American workers suing their U.S. employers for various reasons. Suits have been filed based on chemical usage in Dole banana farms in Nicaragua and Honduras and Guatemala. Suits have been filed for injuries in manufacturing plants. Suits have been filed based on products liability even when the product was built or created in the Latin American country of origin for the plaintiff. All of these suits are brought in the United States and filed, either within the federal court system, or the state court system for the domiciliary state of the U.S. company. Nearly every one of these suits is regurgitated from the U.S. court system on grounds of forum non conveniens.

After this happens, the Latino Plaintiffs are forced to file suit in their home country if they carry any hope of a remedy. However, due to Latin American Blocking Statutes, these Plaintiffs are typically not allowed to file a subsequent suit in their home country after having already chosen a foreign venue to pursue their action.

Whatever the court, the question remains, why are these suits continuously brought in the U.S.?
Why can Latin Americans not get to the deep U.S. corporate pockets by suing in their home country where the cause of action occurred and all the evidence is that will be needed at trial to prove their case?

There is obviously an underlying problem here and I want to find out what it is.

Anybody have any links or input?

AJ - MCSOL ILS President

ILS Thanks Judge Southwick for Speaking

The ILS would like to thank Judge Southwick for taking the time to come and speak with the society.  

Judge Southwick offered unique insight into his personal experiences in Iraq with JAG and dealing with Iraqi civilians on a day-to-day basis.  He specifically spoke about Iraqi civilian claims he dealt with for property damage and wrongful death claims under the U.S. Foreign Claims Act.  

Again, we appreciate you coming to speak for us and good luck with the 5th Circuit.

Fifth Circuit Judge Leslie Southwick to Speak for ILS

This coming Thursday, March 6, Judge Southwick, who was recently appointed to the Fifth Circuit, will be speaking for the ILS at MCSOL.  The meeting will be at 11:45 in Room 250.  The topic is "Paying Iraqi Claims: A Job for the JAG's."  

In 2005, Judge Southwick served in Iraq as a member of the Mississippi National Guard's 155th Brigade Combat Team.  While on active duty, he served as Deputy Staff Judge Advocate from Aug. 2004 to July 2005 and then as Staff Judge Advocate from July to Jan. 2006.  He also served in the Judge Advocate General's Corps in the U.S. Army Reserves from 1992 to 1997.  As a result, he has extensive knowledge and experience in this area.

For more information about Judge Southwick, see http://www.whitehouse.gov/infocus/judicialnominees/southwick.html