Saturday, March 28, 2020

Thomas Corcoran, Jr.

Thomas G. Corcoran, Jr. specializes in international civil litigation and appeals in U.S. federal courts. In particular, Mr. Corcoran has very extensive experience in the defense of foreign states when sued in U.S. courts under the Foreign Sovereign Immunities Act (“FSIA”). Prior to practicing law, Mr. Corcoran served as an officer in the United States Navy, including duty with a U.S. Marine Corps Company in Vietnam. Prior to entering private practice, he served in the Office of the United States Attorney for the District of Columbia.

Representative Cases
  • Weiming Chen v. Ying-Jeou Ma, 2013 U.S. Dist. LEXIS 118668. Obtained dismissal of case against the President of the Republic of China (Taiwan), on the grounds of presidential immunity although the Republic of China is not diplomatically recognized by the United States. The U.S. Court of Appeals for the Second Circuit upheld the lower court's orders on procedural grounds. (2d Circuit Case 13-3751, Document 105)
  • Abelesz v. OTP Bank, 692 F.3d 638 (7th Cir. 2012). Alien Tort Suit against Hungarian Central Bank and three private banks including OTP Bank for 75 billion dollars in damages arising out of alleged wrongful retention of Jewish assets looted during Hungarian Holocaust. Won for OTP Bank for lack of personal jurisdiction on petition for mandamus
  • Rubin v. Islamic Republic of Iran, 637 F. 3rd 783 (7th Cir. 2011). FSIA attachment proceeding against Iran for Persepolis artifacts under study at the University of Chicago. An important case on the issue of the scope of interlocutory appeals and what foreign state assets can be attached after judgment against foreign state. Won by Iran
  • Sampson v. Federal Republic of Germany, 250 F.3d 1145 (7th Cir. 2001). Affirming district court’s grant of Germany’s motion to dismiss for lack of subject matter jurisdiction against argument raised by 7th Circuit that jus cogens violation by Germany constitutes waiver of sovereign immunity under the FSIA. This is the leading case for the proposition that a violation of jus cogens does not waive sovereign immunity under the FSIA
  • Federal Republic of Germany et al. v. United States et al., 526 U.S. 111 (1999). Original action in Supreme Court to stay execution of Walter LaGrand, a German national, by the State of Arizona after a request for stay by the International Court of Justice. Mr. Corcoran was among counsel who prepared the brief on the day LaGrand was scheduled to be executed. The brief was filed about 3 pm, the United States responded about 5 pm, the Supreme Court denied relief about 7 pm, and LaGrand was executed about 9 pm.
  • Princz v. Federal Republic of Germany, 26 F.3d 1166 (D.C.Cir. 1994). Suit by survivor of World War II persecution who did not apply timely, that is, by 1969, for compensation under Germany’s compensation system. Held, assuming that the FSIA was retroactive to acts occurring in 1942-1945, no exception to the general grant of sovereign immunity in the FSIA applied in the case. If the FSIA were not retroactive, then there was no federal subject matter jurisdiction over Princz’s claims, which sounded in tort and quasi contract.
  • Millen Industries, Inc. v. Coordination Council for North American Affairs, 855 F.2d 879 (D.C. Cir. 1988). The Coordination Council was then the name of Taiwan’s unofficial embassy in the United States. This is the leading case for the proposition that Taiwan is entitled to treatment as if a foreign state under U.S. law and under the FSIA, despite derecognition of its government as the government of China.
  • Lary v. The Republic of China, 800 F.2d 265 (11th Cir. 1986). A suit against the ROC for failure to pay on bonds issued by China in 1911 was dismissed for lack of subject matter jurisdiction because the FSIA, passed in 1976, was not retroactive to 1911. The principle upon which the ROC (Taiwan) won this case, that the FSIA was not retroactive, was rejected 18 years later by the Supreme Court in Austria v. Altmann, 541 U.S. 677 (2004).
  • A name search on LEXIS-NEXIS will show that  “Thomas G. Corcoran, Jr” has been counsel on more than a hundred decided cases, including numerous FSIA cases not mentioned above.

Wayne H. Rusch

Wayne H. Rusch practices corporate, commercial, and international law. He represents clients in dispute resolution and counsels individuals, companies, and governments on a wide range of matters. Mr. Rusch also specializes in export control and economic sanctions law, including compliance, Licensing, voluntary disclosures, and enforcement matters. During the past several years, he has been involved in high-tech and intellectual property matters and has advised clients on institutional integrity investigations conducted by the World Bank.

Recent work by Mr. Rusch has included providing legal services and advice to foreign companies making acquisitions and establishing businesses in the U.S. and helping U.S. companies expand their business outside the U.S. In addition to general corporate work involving corporate structuring and transactions, Mr. Rusch has been involved in successfully representing clients in enforcement actions with various US agencies. He provides services for start-up investments and corporate restructuring, as well as solicitation of and negotiation with strategic partners. In addition to the United States, Mr. Rusch’s clients are located in Europe, the Middle East, and Asia.

A graduate of the University of Wisconsin, Mr. Rusch practiced in Chicago and Wisconsin, where he served as District Attorney for Iowa County for three years. He was appointed counsel to the Asian Development Bank in Manila, The Philippines, where he provided advice on the Bank’s portfolio of investments throughout Asia. He has practiced in Washington, DC since 1980 and was a managing partner of the firm until 2014.

Wayne H. Rusch PDF Biography

 

Clemens Kochinke

Clemens Kochinke, an equity partner in the Washington, DC, USA, office and a lawyer admitted in Germany and America,

  • advises on German matters in English and on American law in German,
  • studied law at Heidelberg University, King's College, London and George Washington University, USA, and
  • is admitted in the United States to various courts including the United States Supreme Court as well as the courts in Germany.

As a German-American attorney, Mr. Kochinke supports clients in international transactions, frequently in the technology fields and in relations between, or with, governments. He has been with the international law firm of Berliner Corcoran & Rowe LLP since 1984.

Fully qualified as an American lawyer and a German Rechtsanwalt, he has testified as an expert on international law in various tribunals and assisted clients in multinational litigation, arbitration and mediation.

Clemens Kochinke has a diverse international law practice, into which he ties the experts at BCR in corporate, construction, business transactions, employment, export control and ITAR, white collar, defense litigation and other legal fields. With bar admissions to the District of Columbia and Germany, to the United States Supreme Court and to specialized courts, and after legal education and training in Washington, London, Heidelberg, Berlin and Malta, Mr. Kochinke assists corporations, often from German-speaking countries, in United States matters as well as U.S. clients in foreign matters.

In addition to advising sovereigns and corporations, he assists individuals in complex German-American disputes and transactions.


Mr. Kochinke provides serial updates on U.S. law to the German American Law Association's law journal, to the German insurance law journal, and to Kommunikation & Recht.

Recently, two major publishers released his chapters on international negotiations in two books, written from the perspective of German clients doing business in the USA and of American lawyers advising on transactions in Germany.

Among others, Salon and Slate interviewed Mr. Kochinke on matters of international law, and Slate credited him as explainer's adviser; NPR quoted him as an expert on commercial drone law.

Among his professional and volunteer affiliations and activities, Mr. Kochinke publishes the Embassy Law journal. Lawyers active in German-American transactions may want to read his reports on current developments in German law in English and American law in German.

 

 


 

 

 
Recent Publications

Negotiations in Germany: The Business Law Perspective, in Wegerich, Business Laws of Germany, Vol. 2, New York 3rd ed. 2012

USA-Bewerbungsführer für Juristen, Co-editor, 3rd ed. Bonn 2009

Negotiating Contracts in the United States, in Heussen/Pischel, Contract Negotiations and Contract Management, 4th ed. Cologne (2014)

Country Report: USA, Kommunikation & Recht (Aug. 2014)

Recent Developments in American Arbitration Law, DAJV-NL (Fall 2013)

Transfer of Insurance Coverage in Merger, VersR (April 2011)

Presentations

German American Law Ass'n, 2007: Treaty Negotiation and Implementation, Moderator

Virginia Bar Association, 2007: Privacy and Data Security

German American Law Ass'n, 2006: Asset Tracing and Asset Recovery

German American Law Ass'n, 2004: Damage Control in Contracts and Torts: Punitive Damages and Liquidated Damages

 


 

 

Jason A. McClurg

Jason McClurg is a member of Berliner Corcoran & Rowe LLP’s Export Controls and Economic Sanctions practice group. Mr. McClurg has extensive experience advising clients on regulatory compliance with U.S. export controls and economic sanctions, focusing principally on compliance with the International Traffic in Arms Regulations (“ITAR”), the Export Administration Regulations (“EAR”), and various economic sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”).   Mr. McClurg also advises clients on the applicability of regulations administered by the Committee on Foreign Investment in the United States (“CFIUS”), and preparing voluntary or required CFIUS filings.

Mr. McClurg represents a diverse client base ranging from Fortune 100 and multinational corporations to small businesses and individuals, including manufacturers, systems integrators, engineers, brokers and research institutions. Mr. McClurg frequently acts as export control counsel to other law firms to assist with their client matters. Mr. McClurg has advised clients in a variety of industries including alternative energy products, aerospace, body armor, firearms components, computers and software, electronic warfare, infrared devices, microelectronics, military ground vehicles, missiles, satellites spacecraft, and unmanned aerial systems.  Mr. McClurg has particular experience and interest representing clients in the defense, aerospace, and satellite industries.

Mr. McClurg has also represented clients in white collar criminal matters, specifically including compliance with federal criminal laws, conducting investigations, and advising on extradition matters. Mr. McClurg’s past white collar criminal work includes successfully defending a senior executive of a major defense contractor against charges involving the mishandling of export controlled defense articles. Mr. McClurg also has experience litigating particularly sensitive cases under the Classified Information Procedures Act (“CIPA”), and previously obtained a Top Secret security clearance in order to advise clients on classified matters.

Representative Work

Export Controls and Economic Sanctions

  • Advising clients with daily export control compliance issues.
  • Assisting with commodity jurisdiction determinations or export classifications for client products.
  • Assisting clients with obtaining necessary export licenses, Technical Assistance Agreements and Manufacturing License Agreements.
  • Conducting assessments of client export control procedures, and developing and assisting with the implementation of export compliance programs.
  • Assisting clients with internal investigations of potential export control and sanctions violations, and preparing voluntary and directed disclosures.
  • Drafting expert opinions and reports on export control laws and regulations.
  • Assisting other law firms in advising their clients on investigations, disclosures, arbitration and litigation involving export controlled hardware, software and technology.

White Collar Criminal Defense

  • Defending the general counsel of a major defense contractor charged in federal court with obstruction of justice and conspiracy.
  • Representing a partner of a major accounting firm investigated by the Department of Justice for wire fraud and tax evasion.
  • Assisting clients with removal from Office of Foreign Assets Control (“OFAC”) sanctions lists.
  • Counseling clients regarding potential Foreign Corrupt Practices Act (“FCPA”) violations, and assisting with the implementation of FCPA compliance policies and procedures.

 

Jason McClurg PDF Biography

 

 

 

 

 
Recent Speaking Engagements:

Knowledge Group Webinar (1/11/17):  "U.S. Export Controls: The Impact of ITAR Regulations to Your Industry & Your Business

 

 

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