EU To Retain US Law Firm(s) To Help Defend Companies Sued In U.S. Using Libertad Act
/The twenty-eight (28) member Brussels, Belgium-based European Union (EU) has confirmed its intention to issue a Request For Proposal (RFP) to law firms in the United States.
The law firms would be retained to file “amicus curiae” (friend-of-the-court) motions and other motions on behalf of each Libertad Act Title III lawsuit defendant who is domiciled in the EU.
As of 1 December 2019, there are nine (9) companies listed as defendants in Title III Libertad Act lawsuits or listed in lawsuits as having been contacted by plaintiff attorneys as a prelude to listing as a defendant.
Depending upon the complexity of the legal issues in each case, the total cost to the EU could exceed US$1 million.
LINK To Libertad Act Filing Statistics
Libertad Act
The Trump Administration has made operational Title III and further implemented Title IV of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).
Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.
Title IV restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims. One Canada-based company is currently subject to this provision based upon a certified claim.
Suspension History
Title III has been suspended every six months since the Libertad Act was enacted in 1996- by President William J. Clinton, President George W. Bush, President Barack H. Obama and President Donald J. Trump.
On 16 January 2019, The Honorable Mike Pompeo, United States Secretary of State, reported a suspension for forty-five (45) days.
On 4 March 2019, Secretary Pompeo reported a suspension for thirty (30) days.
On 3 April 2019, Secretary Pompeo reported a further suspension for fourteen (14) days through 1 May 2019.
On 17 April 2019, the Trump Administration reported that it would no longer suspend Title III.
On 2 May 2019 certified claimants and non-certified claimants were permitted to file lawsuits in United States courts.
