Cross-Border Litigation & Investigation

On January 2, 2021 the National Defense Authorization Act (“NDAA”) became law.  Importantly, the NDAA included sweeping legislative reforms to anti-money laundering (“AML”) laws, which are now codified in the Anti-Money Laundering Act of 2020 (“AMLA”) (NDAA §§ 6001-6511). Designed to enhance national security concerns, these AML amendments will significantly impact financial institutions, certain types of businesses—both domestic and foreign, and High Net Worth Individuals (“HNWIs”).  While HNWIs legitimately seek to maintain confidentiality in their corporate entities or wealth management structures, the AMLA will make that more difficult and potentially more dangerous.
Continue Reading The New Anti-Money Laundering Act of 2020 and Potential Effects on Foreign Businesses and High Net Worth Individuals

On May 22, 2020, the Mexico Committee of the ABA – Section of International Law published a Special Edition Newsletter regarding the Legal Impact of COVID-19 in Mexico.  As the Co-Chair of the Mexico Committee of the ABA  – Section of International Law,  I worked with the ABA Mexico Committee to get this publication out in a timely manner.  The intention for this special edition is to serve as a resource that provides a general understanding of the legal aspects and impact in Mexico of COVID-19 in each of the areas of law that we covered. 
Continue Reading Special Edition Newsletter – Legal Impact of COVID-19 in Mexico ABA – Section of International Law – Mexico Committee

On January 16, 2020, the United States Senate voted by an overwhelming majority to pass the implementing legislation for the United States-Mexico-Canada Trade Agreement (USMCA) after months of tense negotiations with Democrats over revisions to the original agreement which had been signed by all three signatories on November 30, 2018.

The USMCA has been touted by its supporters as a comprehensive and modern trade agreement to replace the North Atlantic Free Trade Agreement (NAFTA). But how does the USMCA differ from NAFTA and what is so modern about it? The following is a brief overview of the notable differences between this 21st century agreement and its predecessor:
Continue Reading Modernizing NAFTA: The United States-Mexico-Canada Trade Agreement

It’s 9:30 pm on a Sunday and you just got a call on your cell from U.S. Customs & Border Protection (“CBP”) at LAX. A Vice President from one of your foreign offices has been spending a lot of time here lately developing business leads and strategy. CBP is holding him in secondary inspection and he’s been there for 12 hours. Even though he’s paid overseas, CBP has some questions to ask you to see if he has been “working” here. CBP advises you that they are seriously considering giving him an “expedited removal order” with a 5-year bar on entering the U.S., and putting him on a flight back to Europe tomorrow afternoon. His inability to return to the U.S. would be catastrophic to your business.

The regulations regarding business visitors entering on a B-1 visa or ESTA visa waiver are vague. There is no bright line test for when someone is “working here” versus “having meetings and consultations”. However, there are ways to improve your odds that you will not be flagged and challenged by CBP.
Continue Reading Will U.S. Customs & Border Protection Admit Your Foreign Visitor? How to Avoid that Sunday Evening Phone Call from CBP

“So you are the great lawyer I’ve been told about!  But, you are so young!  I was expecting an old lawyer.”

With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let me know that his guard was down.  In fact, he seemed relieved and almost eager to help me, a young lawyer that reminded him of his nephew.

This was exactly the reaction I wanted.  We exchanged pleasantries in Spanish over a cup of coffee and proceeded to have a friendly free-flowing conversation.  That conversation revealed that his company was bribing government officials in Latin America, he was a liar, and he had no idea that he had just given me the evidence I needed when I went up the chain to confront his boss.  He never saw it coming.Continue Reading Never Let Them See You Coming—Keys to Setting Up Witnesses Interviews In An Internal Investigation