International Law Section Podcast

On March 20, 2020, the Department of Health and Human Services (HHS) issued an emergency regulation which permits the Director of the CDC to “prohibit … the introduction” into the United States of individuals when the director believes that “there is serious danger of the introduction of [a communicable] disease into the United States.” This is known at Title 42.  Title 42 has allowed the federal government to turned away migrants at the U.S.-Mexico border, including those who are seeking asylum.  Those migrants are then sent back across the border to Mexican border cities where they face an uncertain future.  This has led to many migrants being subjected to kidnappings, attacks, violence, and the crowded conditions which potentially could cause a public health emergency.To help us understand the situation better, we have asked two guests to return from the 6th Episode of the First Season:  Kate Lincoln-Goldfinch and Lindsay Goldford Gray.  Kate is the managing partner of Lincoln-Goldfinch Law. She has appeared on news outlets such as NBC, BBC, MSNBC, The New York Times, Fox News, and National Public Radio as an immigration expert & regularly speaks on immigration to the American Immigration Lawyers Association, the State Bar of Texas, and the Austin Bar Association, as well as to community groups such as churches and schools.Lindsay practices immigration law in Austin and is the CEO for VECINA, an organization that seeks to empower immigrant justice advocates by mentoring attorneys, educating communities, and mobilizing volunteers.   She is also the co-host of VECINA's podcast, Inadmissible.Also see below for coming announcements!Attention, law students! The April 1st deadline is coming up for our Human Rights Essay Contest. First place award is a $1,500 cash scholarship! For complete guidelines: http://icont.ac/4OQZ8 Also, the State Bar of Texas International Law Section and the Dallas Bar Association International Law Section invite you to join us at the 32nd Annual International Law Institute April 19-20, 2023 at the SMU Campus in Dallas, Texas! Join us for a full day of panels as we convene international law experts to discuss the latest topics affecting Texas lawyers. Earn 6.75 hours of MCLE including 1 hour of Ethics! Register Now: http://icont.ac/4PDzK

Did you know that in 2021:•  A patent application named an Artificial Intelligence (AI) as the inventor and in at least 1 country- it is listed as an inventor; •  AI is being used by the US Patent & Trademark Office (USPTO) to aid in the patent search process; and  •   a case involving a monkey that took a selfie may guide us in statutory construction?  It's a brave new world and Darin Klemchuk is here to walk us through it.   Darin is the managing partner and founder of the law firm, Klemchuk, LLP.  He has handled more than 500 intellectual property disputes, including over 40 patent infringement cases and hundreds of IP enforcement actions.  Darin represents Fortune 500® corporations, growing companies that benefit from broad intellectual property counseling, and startup companies with disruptive technologies.Additionally at the end of the podcast at the 36:04 mark, the ILS gives a tribute to one of our own, Tom Wilson. 

According to the U.S. Chamber of Commerce Global Innovation Policy Center, America's Intellectual Property (IP):•Is worth $6.6 trillion, more than the nominal GDP of any other country in the world and  •IP-intensive industries account for over 1/3– or 38.2%– of total U.S. GDP.  Given the extremely valuable nature of IP and patents, how does one go about protecting this valuable property and what does the international practitioner need to know about intellectual property?  To help us understand the situation better, we have on the show today, Keith Rawlins.  Keith is a senior attorney at the Klemchuck law firm where he handles all forms of intellectual property with an emphasis in preparing, prosecuting, and managing U.S. and international patent portfolios.  He provides legal opinions and analyses for non-infringement and invalidity of patents in the United States and abroad.

According to the Death Penalty Information Center, there are currently 103 foreign nationals under a sentence of death in the U.S.  What happens when a foreign national finds themselves face to face with the ultimate criminal penalty in the United States?  What entities are involved?  Which laws apply? How does this intersect with international treaties and extradition?To help us understand the situation better, we have on the show today, Patrick F. McCann.  Patrick is a retired former Navy officer, with both active and Reserve service.  He has served as the  President of the Harris County Criminal Lawyers Association and as a  Director of the Fort Bend County Criminal Lawyers Association.  He handles all manner of trial, appellate, and post-conviction matters at the state and federal level, including complex white collar and drug cases.  

One of the great things about the Texas Bar is the wealth of knowledge of its members and different sections.  Today we will be speaking with Immigration Law Section members and attorneys Kate Lincoln-Goldfinch and Lindsay Goldford Gray.   Kate & Lindsay will be highlighting the differences in the way the United States treats displaced people depending on their country of origin, in particular Afghans & Ukrainians.  In addition, we will be discussing the Migrant Protection Protocols (MPP); Title 42 and the recent U.S. Supreme Court decision, Biden v. Texas.Recorded June 30, 2022.

In January 2021,  Congress passed the Corporate Transparency Act (the “CTA”) in an attempt to make it difficult to launder money or evade taxes through the use of anonymous shell companies.  This law has far reaching implications and may impose federal reporting requirements on your small businesses.   What does this mean for your business going forward?  To help us answer this question is Mark Stachiw and Gabreila Smith of the Klemchuk law firm.  They will review the proposed CTA regulations, exemptions and (yikes) penalties for non-compliance.

The United Nations Refugee agency estimates that there are 82.4 million people world-wide that are displaced due to persecution, violence, human rights violations or other events.  This includes an estimated 4.5 million Ukrainian refugees fleeing the Russian invasion.  Today our topic will focus on the refugee and asylum process in the United States.  Our guest is Robert Armstrong of Armstrong Legal.   Robert is an experienced immigration attorney in Dallas that represents clients in immigration court, and a whole host of immigration filings including asylum, TPS, Special Immigrant Juvenile Status, DACA, U Visas, VAWA and applying for permanent residence or citizenship. 

In February 2022, Russia invaded Ukraine claiming legal justification under the Geoncide Convention.  Ukraine responded with filings in the International Court of Justice (ICJ).  On March 7, 2022, the ICJ issued a ruling ordering the Russian Federation and its para-military forces to immediately suspend operations in the Ukraine.In this episode, we are speaking with Professor Harold Hongju Koh.  Professor Koh is Sterling Professor of International Law at Yale Law School. He is one of the country's leading experts in public and private international law, national security law, and human rights.  Prof. Koh was part of the legal team that argued on behalf of Ukraine at the International Court of Justice.  We will discuss the ICJ order and its ramifications.

Today we are speaking with Dubraska Jaramillo, Counsel in Houston, Texas.  She gives us tips for outside counsel that have multinational clients.

In this episode of the ILS Podcast we talk with Gabriela Smith, an international attorney that specializes in master service agreements (MSAs).  Gabrieal gives us some tips when negotiating MSAs.