Firm News





Updated January 18, 2024


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.

night in Tehran cover, licensed to author Philip Kaplan
Partner Philip Kaplan, a former career diplomat and ambassador in Europe and Asia, has published his debut novel -- Night in Tehran -- with Melville House. Based on historic events, and frighteningly relevant to today's headlines, the thriller tells a tale of one American diplomat's year of living dangerously in Tehran in the days leading up to the Iranian Revolution. The novel has been endorsed by espionage writer Alan Furst and former Supreme NATO Commander Admiral James Stavridis and is available from Amazon.

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.



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