Peter Fox

Peter Fox

Doctor en Jurisprudencia de la Escuela de Derecho de Columbia, Máster en Administración Pública de la Escuela de Asuntos Internacionales y Públicos de la Universidad de Columbia. De 2016 a enero de 2017, fue Consejero del Procurador en el Departamento de Trabajo de los EE.UU. Como asociado de Cleary Gottlieb Steen & Hamilton LLP de 2013 a 2016, trabajó en litigios de EE.UU., arbitraje comercial internacional e investigaciones sobre algunos de los principales actores económicos de América Latina, incluidos Petrobras, Vale y Brasil Telecom. Actualmente socio de la firma neoyorkina Scoolidge Peters Russotti & Fox LL.

Rudy Giuliani. Photo: Chris McGrath/Getty Images.

The lawsuits of Trump and his lawyers in courts

Despite all major news networks projecting on November 7 that Joseph R. Biden has won the 2020 U.S. presidential election, and near universal international recognition of his victory, President Donald J. Trump has refused to concede defeat.  Mr. Trump has instead promised to continue to challenge the vote-counting process and election results in court.  But thus far, Mr. Trump’s litigation strategy has failed to deliver any legal wins – and seems more designed to attract media attention than court victories.  Many of the lawsuits already filed on behalf or in support of Mr. Trump’s campaign have been summarily dismissed, and those suits that remain do not seek relief that, if awarded, would change the declared winner of any state.  It is unclear what future lawsuits the campaign might filed, but there have been no independent reports of any election irregularities that could support a meritorious lawsuit. According to reporting by The New York Times on November 7, “n seeking to foment widespread doubt about the legitimacy of the election, Mr. Trump and his surrogates seemed less focused on substantive legal arguments that could hold up in court than on bolstering the president’s political narrative, unsupported by the facts, that he...

Photo: EFE.

Title III of Helms-Burton: Opening the Floodgates?

On April 17, 2019, the U.S. Secretary of State, Mike Pompeo, announced that President Trump would not suspend for any additional periods of time Title III of the Cuban Liberty and Democratic Solidarity Act – better known as the “Helms-Burton”. Title III of Helms-Burton allows U.S. nationals whose property was expropriated by the Cuban government on or after January 1, 1959, to sue in U.S. courts anyone – regardless of nationality – who knowingly and intentionally “traffics” in that property. But, in response to strong opposition from many of the United States’ close allies and trading partners and concerns about violations of international law, Title III has been suspended continuously, in six-month intervals, since the it became effective in July 1996. The private right of action has never been invoked. When the current suspension expires on May 2, 2019, however, the private right of action will become live and, for the first time, current investors in Cuba, their affiliates, and possibly even their vendors and lenders, will find themselves facing potentially significant litigation risk in the United States. Helms-Burton President Clinton signed Helms-Burton into law on March 12, 1996. The legislation reflects an effort to increase pressure on the Cuban...