Title III of the Helms-Burton Act, which was enacted in 1996, created a private cause of action for US nationals to file suit in US courts against persons that may be "trafficking" with property that was confiscated from those US nationals by Cuba. Those provisions had been suspended by every President since the Act was enacted, but in 2019 President Trump allowed the suspension to expire, and several suits were promptly filed in US courts. This roundtable will explore some of the many interesting questions that arise under domestic and international law by this change in the landscape. Is it likely that many more suits will be filed? What are the main issues that the cases raise and how will the US courts deal with them? How will the European Union, Latin American countries and others around the world react to this change, given long-standing complaints that the Helms-Burton Act represents an overreach of jurisdiction on the part of the US? This event is jointly organized by the Dispute Resolution and Latin America Interest Groups. Discussants: David Baron, Crowell & Moring Steven Davidson, Steptoe & Johnson LLP Gretel Echarte Morales, Mayer Brown Jason Poblete, Poblete Tamargo Paul Stephan, University of Virginia School of Law Moderator: Perry Bechky, Berliner, Corcoran & Rowe LLP
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Co-sponsored by ASIL's Dispute Resolution and Latin America Interest Groups.