Firm News
Updated February 1, 2025
- INTERNATIONAL ASSET FORFEITURE AND TRANSNATIONAL CORRUPTION
- Berliner Corcoran & Rowe LLP represented the Nigerian Government in a multiyear litigation and negotiation resulting in the transfer of nearly $53 million to the benefit of the Nigerian people. The BCR team was led by Ambassador Philip Kaplan, joined by litigators Bill Coffield and Laina Lopez.
- On January 10, 2025, the U.S. Department of Justice (DOJ) and the Nigerian Ministry of Foreign Affairs (MOJ) signed an agreement, in which the U.S. agreed to transfer $52.88 million in forfeited assets to the Federal Republic of Nigeria in recognition of Nigeria's help to the DOJ in an investigation into corruption by bribe perpetrators in the Nigerian oil industry who had laundered more than $100 million of proceeds through the United States and employed them to buy various assets, including luxury real estate in California and New York and the Galactica Star, a 65-meter superyacht. Together with DOJ, BCR filed suit in the U.S. District Court seeking forfeiture of the assets. The Court ruled in favor of DOJ and Nigeria. The US Court of Appeals did so as well, and the US Supreme Court confirmed those rulings by denying a writ of certiorari filed by the bribe perpetrators. Complex negotiations conducted by BCR with DOJ, the Nigerian ministries of Justice and Foreign Affairs, and the World Bank, resulted in final approval of the transfer of $52.88 million. The signing of the agreement to share proceeds took place in Abuja, Nigeria, by the Nigerian Attorney General Lateef O. Fagbemi and U.S. Ambassador to Nigeria Richard M. Mills Jr. The agreement provides that $50 million of the recovered funds will be used to expand the Distributed Access Through Renewable Energy Scale-Up project, an electrification project funded, in part, by the International Development Association and implemented by the Nigerian Rural Electrification Agency. The program enlarges access to electricity services in Nigeria with renewable energy generation. The agreement calls for approximately $2.88 million of the forfeited funds to be used towards Nigeria's contribution to the International Institute for Justice and the Rule of Law (IIJ) and used to support capacity-building for criminal justice sector practitioners and relevant stakeholders in the region, including through activities directed at combating the financing of terrorism, development, and implementation of the counter-Terrorism Academic Curriculum of the IIJ, and institutional support for the IIJ especially in the North, West, and East Africa regions.
- BCR also has represented governments and other parties in asset forfeiture cases.
On October 24, 2024, BCR partner Perry Bechky spoke about how sanctions policy may change in a new Presidential Administration on a webinar organized by the International Law Institute.
DNA of the law firm: Triggered by our former managing partner Clemens Kochinke, Google produced a fascinating podcast on the BCR DNA in its experimental NotebookLM AI tool. Listen to it here.
Clemens Kochinke has been with BCR since 1 September 1984 and says thanks to clients, colleagues, assistants and interns all of whom have made practicing at the firm for forty years a genuine joy..
Bruce Zagaris and Dale Eppler published a FEPA Client Update, available for download here.
Perry Bechky will serve as a commentator at an academic workshop sponsored by the American Society of International Law. The workshop will be held at the University of Chicago on May 17, 2024.
On February 27, 2024, partner Perry Bechky will speak about OFAC licensing in a webinar sponsored by the American Conference Institute.
Partner Perry Bechky served as the rapporteur for the discussion on economic sanctions at the American Society of International Law's delegation to Lviv, Ukraine on December 8-10, 2023.
We heartily congratulate our clients ProNiCo and CGN on their removal yesterday from the SDNList, ending OFAC sanctions against both companies. ProNiCo and CGN are nickel mining and refining companies in Guatemala, two subsidiaries of Solway, the Swiss mining group. The subsidiaries were sanctioned under the Global Magnitsky Act, based on corruption allegations. Solway has made important changes in the past year - including changes to its policies on anticorruption, transparency, and human rights - and is committed to continuing down this path. Delisting under GloMag remains quite rare, making Solway's achievements here all the more impressive. We wish to thank in particular the CEO of Solway DanBronstein, the General Counsel of Solway DenisGerasev, our co-counsel RobertSeiden, and within BCR our core team of Perry Bechky, Dale Eppler, and John Sandage. The delistings start a new chapter for the Solway group. We look forward to continuing to support our friends at Solway as they grow into an even stronger company in the future.
On November 28th, partner Perry Bechky spoke at the International Law Institute about treaties governing international trade law and international investment law.
Clemens Kochinke's next Country Report USA was published in the German law journal Kommunikation & Recht on November 1, 2023. Topics addressed include artificial intelligence rules, online liability, agency actions and other topics relevant to IT and IP law.
On June 29, 2023, the German American Law Association sponsored an event at the Delegation of German Industry and Commerce for the outgoing and incoming consul generals at the German embassy in Washington and presented them with a copy of the dominant German contracts book (Heussen and Pischel, eds.) which includes the U.S. contracts chapter written by GALA co-founder Clemens Kochinke of Berliner Corcoran & Rowe LLP.
Clemens Kochinke's next Country Report USA was published in the German law journal Kommunikation & Recht on June 1, 2023. Topics addressed include artificial intelligence rules, online liability, FTC actions and other topics relevant to IT and IP law.
Partner Perry Bechky contributed a chapter on investor-state arbitration to a new book, Pro-Arbitration Revisited: A Tribute to Professor George Bermann from His Students Over the Years (Juris 2023). You may learn more about the book, or buy it, here.
On March 13, 2023 from 9:30-10:30 am, Bruce Zagaris is a panelist on "Getting Off the FATF Greylist" during the FIBA AML Conference in Miami: Link
Clemens Kochinke's Country Report USA on new developments in matters ranging from the First Amendment to journalism, online liability and immunity, defamation and reated matters appeared in the March 2023 issue of the major German law journal Kommunikation & Recht, Frankfurt.
On January 16, 2023, Tax Notes International's cover story featured Bruce Zagaris: "Bahamian Financial Services: Lesson from FTX by Bruce Zagaris."
Clemens Kochinke's Country Report USA on developments in internet, free speech, advertising, liability and §230 CDA immunity will be published in the April issue of the major German law journal Kommunikation & Recht.
Happy Holidays and a Wonderful New Year!
In lieue of greeting cards, we donated to the ALS Foundation and the Wendt Center.
FTX and Bahamas regulation in a Wall Street Journal explainer video with our compliance partner Bruce Zagaris.
Partner Perry Bechky spoke about the relationship between economic sanctions and Due Process at a symposium at Wake Forest University School of Law. Read the slides here.
On November 22, 2022, Bruce Zagaris was featured in a Wall Street Journal video article on the FTX Scandal, its Bahamas locale, and the future of cryptocurrency regulation. Follow this Link.
The November issue of the major German law journal Kommunikation & Recht features partner Clemens Kochinke's next USA Country Report. It covers the intersection of law, technology, intellectual property and liability for online activities.
On October 6, 2022, partner Bruce Zagaris spoke on "The Growing Convergence of Tax Transparency, AML, Anti-Corruption, and Sanctions" at the South Dakota Trust Association in Sioux Falls, SD, see this Link.
Partner Perry Bechky moderated a roundtable discussion among distinguished lawyers practicing economic sanctions law about the practice of sanctions law during 2022. This year has seen remarkable developments in sanctions law, mainly due to the role of sanctions in the Western response to Russia's war in Ukraine. This discussion was held in September 2022 at the Texas A&M law school. It was part of the biennial conference of the International Economic Law Interest Group of the American Society of International Law. Watch the video.
Pointing to the changes to the definition of company applicants in the final rule of the Corporate Transparency Act, partner Bruce Zagaris told Tax Notes that the final regs' modification could be viewed as a concession to both the business community and formation agents. He noted that under the proposed regs, anyone in the "chain" working on formation was considered a company applicant: Paywall link.
On September 22, 2022, partner Bruce Zagaris spoke at the STEPLATAM and Caribbean in Panama on "Will the U.S. Continue to be a Jurisdiction of Choice for Latin American Families after the U.S. Corporate Transparency Act and Continued U.S. Cooperation?" Link.
On September 13, 2022, Bruce Zagaris was a panelist on "Trustees in a Sanctioned World" during a conference sponsored by Informa on "Transatlantic Wealth and Estate Planning" located in New York City on September 13 and the same conference in Beverly Hills, CA in September 15.
The firm is pleased to welcome two experienced litigators as new partners: Jared R. Butcher and Sharon A. Rose.
Partner Bruce Zagaris prepared with Alan Grenwell for the Society of Trust & Estate Practitioners (STEP) USA guidance on OFAC's oligarch sanctions — accounting, corporate/trust and management consulting services.
Partner Perry Bechky spoke about the US constitutional system to a group of foreign lawyers at the International Law Institute.
The firm is pleased to welcome as Of Counsel John B. Sandage, a highly regarded practitioner with vast experience at the State Department and WIPO, among others.
Partner Clemens Kochinke guest-lectured on American Intellectual Property and Internet Law at Jena University Law School, Germany.
Partner Clemens Kochinke's summer USA Country Report was published in the major German law journal Kommunikation & Recht. It covers the intersection of first amendment and tort law, media, intellectual property and risks from online activities.
Partner Perry Bechky is speaking this week about "smart sanctions" at a symposium on economic sanctions at Harvard University. The symposium is sponsored by Harvard, Georgetown, and the French Consulate General in Boston. The program is available here.
With a heavy heart, we share the passing of our dear and courageous partner, Jim Marketos, on May 13, 2022.
His funeral will be held on May 24 at Saint Sophia Greek Orthodox Cathedral at 11:00 am.
Partners Perry Bechky and Dan Fisher-Owens spoke about US economic sanctions and export controls affect New Zealand businesses at a webinar organized by New Zealand Trade & Enterprise. The video and slides are available here and here.
BCR Partner Bruce Zagaris spoke on May 13, 2022 at the ABA Tax Section meeting on developments in tax transparency, anti-money laundering, and oligarch sanctions.
Partner Perry Bechky is speaking about "Russia Sanctions: Implications for Italian Business" at a webinar hosted by the ICC Italy on Tuesday, March 22nd. Registration information is available here.
Partner Perry Bechky is speaking to the Foreign Service Institute about "US Sanctions Policy during the Ukraine War" in March 2022.
Partner Clemens Kochinke's next USA Country Report was published in the March 2022 issue of the major German law journal Kommunikation & Recht. It covers the intersection of law, technology, intellectual property and liability for online activities.
Partner Perry Bechky spoke at a webinar sponsored by Renmin University about "Russia Sanctions: Implications for China." The slides for his presentation are available here.
Partner Perry Bechky spoke to the Foreign Service Institute about "Trade & Investment" in February 2022.
We are saddened by the death of author, litigator, adviser to ambassadors, lecturer and colleague Peter Heidenberger, 1922-2021. He covered the Nürnberg Trials and represented Germany before the U.S. Supreme Court, and so much more. Rest in Peace, Peter!
Partner Clemens Kochinke's next USA Country Report was published in the November 2021 issue of the major German law journal Kommunikation & Recht. It covers the intersection of law, technology, intellectual property and distribution.
Perry Bechky spoke to an industry association about the Biden Administration's emerging trade policy, focusing on the ways that national security considerations generally and China in particular affect various aspects of policy. Perry's presentation is available here.
The Duke Journal of Comparative & International Law published an article by our partner Perry Bechky, called Investor-State Arbitrators' Duties to Non-Parties.
The JustPod: Anti-Money Laundering Act of 2020. The ABA published the podcast featuring our partner Bruce Zagaris.
Partner Clemens Kochinke of Berliner Corcoran & Rowe LLP explained in his periodical USA Country Report new legal developments in journalism, free speech, internet and copyright fair use in the June 2021 issue of the major German law journal Kommunikation & Recht.
On May 13, our partner Bruce Zagaris was a panelist on “Geopolitical Competition and Cooperation in the Caribbean” by the Florida International University Latin American/Caribbean in cooperation w/ the Caribbean Policy Consortium. Watch his presentation at minute 1:08.
Partner Clemens Kochinke sponsored a Buy American Act webinar by the Delegation of German Industry and Commerce in Washington, DC on April 14, 2021. Our procurement expert John Ordway was one of the featured speakers.
Chambers Global has recognized the excellence of our Export Controls and Economic Sanctions group by ranking them among the top groups in the world in this practice area.
Chambers Global has also again given its highest ranking to our partner, Ben Flowe.
This summer, we gutted, rebuilt and expanded our offices. Personal meetings remain limited, however, because the Washington, DC, are is in Phase 2 COVID mode. Throughout our office building, face masks and other precautions are required. Practically speaking, your attorney can guide you on virtual meetings and other arrangements. We have been working successfully despite the limitations.
In April 2020, Berliner Corcoran & Rowe LLP welcomed a senior expert in international law, David Baron, as a new partner in the international litigation and business practice areas.
In The News
- Partner Clemens Kochinke's periodical USA Country Report was published in the March 2021 issue of the major German law journal Kommunikation & Recht. It covers the intersection of law, technology, intellectual property and distribution. His Country Report is published in March, June and November.
- FSIA litigator Laina Lopez explains her successful amicus curiae work in Barnet v. Ministry of Culture and Sports of the Hellenic Republic (Greece) in our BCR Journal. Our Legal Assistant Miranda Bannister presents the case in US Appellate Court Rules Greek Ministry Can Protect Cultural Patrimony.
- The Export Control and Sanctions Group of Berliner Corcoran & Rowe LLP released a compliance guidance on May 19, 2020, titled BIS Celebrates Anniversary of Huawei Sanctions with Gift of More Sanctions.
- The Export Control and Sanctions Group of Berliner Corcoran & Rowe LLP released a compliance guidance on April 29, 2020, titled Regulatory Alert, BIS Changes Military End-User Rules, Eliminates CIV, Proposes APR Changes.
- Partner Clemens Kochinke featured in German magazine for German law students going abroad: "Forget everything you learned and start from scratch." Law is not math. Stud.jur., Baden-Baden, vol. 34, 1/2020, p. 5
Recent Speaking Engagements
- Perry Bechky will speak about the relationships between economic sanctions and human rights on April 2nd at the annual meeting of the American Society of International Law in Washington. Registration and the program are available at www.asil.org.
- Dan Fisher-Owens will be co-presenting a pre-conference seminar on cloud computing export controls at ACI's 10th Global Encryption, Cloud & Cyber Export Controls Conference, March 27-28, 2020 in San Francisco, California.
- Perry Bechky and Dan Fisher-Owens will speak about economic sanctions and export controls, respectively, at a conference on “Importing and Exporting Amid a Trade War.” The conference will be held at Lewis & Clark Law School in Portland, OR on March 6. The event is free. For more information or to register for the conference: Lewis & Clark Conference
Recent Publications
- Partner Clemens Kochinke's periodical USA Country Report for March 2020 appeared in the major German law journal Kommunikation & Recht. The report covers privacy, online services, free speech and defamation as well as procedural issues.
- Bruce Zagaris published an article on the abuse of economic sanctions and how it is undermining the use of financial suasion. You can view the article here
- The Chinese translation of the Business Guide to Trade and Investment will be published imminently. Perry Bechky contributed the chapter about the jurisdiction of arbitral tribunals in disputes between international investors and host governments (investor-state arbitration). The book is published by the International Chamber of Commerce and the International Law Institute, and it features contributions from many leading practitioners with a practical emphasis on how international trade and investment law affect businesses. The English version of the book is available online, including from Amazon
- Bruce Zagaris published an article on the politics of international regulatory initiatives followed by U.S. federal and state initiatives to attract foreign investment, including a section on regulatory arbitrage, in particular entity transparency, anonymous foreign investment in U.S. real estate, and automatic exchange of information, and the impact of small jurisdictions in the Carribean. You may view the article here.
- The International Chamber of Commerce (ICC) and International Law Institute have just published Business Guide to Trade and Investment – International Investment Volume 2, which includes a chapter by Perry Bechky about the types of disputes (jurisdiction) that may be submitted to ICSID arbitration and other fora for investor-state arbitration.
- Perry Bechky published an article about the duty of ICSID arbitrators to make jurisdictional rulings in the Journal of Law and Practice of International Courts and Tribunals. The article may be downloaded here.
- Perry Bechky published an article about economic sanctions in the Missouri Law Review. The article may be downloaded here.
- Perry Bechky co-edited for the American Society of International Law the second edition of International Law: 100 Ways It Shapes Our Lives. The publication may be downloaded here.
- Partner Clemens Kochinke's periodical USA Country Report for March 2018 appeared in the major German law journal Kommunikation & Recht. The report covers privacy, online immunity under the CDA, free speech and viewpoint discrimination as well as jurisdictional issues.
- Perry Bechky's article on Microinvestment Disputes has been republished as a chapter in a new book from Oxford University Press on Small & Medium Sized Businesses in International Economic Law, 2017.
- Partners Benjamin Flowe and Daniel Fisher-Owens published an article on Export Control regulations on dual-use technology and software. You can download the article here.
- An article by Bruce Zagaris entitled "Antigua and Dominica make changes to diplomatic passports as proper regulation of citizenship-by-investment continues to be an issue for the Caribbean" was featured in Cayman Financial Review on July 18, 2017. Read it here.
- Bruce Zagaris was featured as a guest blogger on Money Laundering Watch on July 4, 2017. Read his post, "AML Due Diligence Standards for U.S. Lawyers" here.
- Bruce Zagaris authors article "Trump yet to play his cards: What Next for FATCA Agreements and Transparency in the US," which appears in the current issue of the STEP Journal. Read the article here.
- On April 26, 2017, Bruce Zagaris authored an article for Cayman Financial Review "U.S. suspension of premium processing for H1-B visas creates opportunities to attract high-tech businesses to the Caribbean: Barbados as a model." Read the article here.
- On January 10, 2017, Bruce Zagaris' article "International Enforcement Cooperation in the Western Hemisphere: A Search for a Better Architectural Framework” was published in Terrorism: An Electronic Journal and Knowledge Base, Vol. V, No. 3 (December 2016). Read the article here.