Cuba: Experienced and Multifaceted Strategy Required to Defend Lawsuits Under Title III of Helms-Burton Act

On May 2, the Trump Administration ceased waiving Title III of the Helms-Burton Act, thus allowing US individuals and companies to file lawsuits against companies that are operating in Cuba and “trafficking” in (meaning, using or profiting from) property in Cuba which was confiscated from them by the government of Cuba. The new policy puts the US, the EU, Canada, Mexico and other companies active in Cuba in a precarious position. Four lawsuits have already been filed against companies that allegedly “traffick” in property nationalized following the Cuban Revolution.

For years, we have advised companies both inside and outside the US on the US embargo of Cuba, including the provisions of Titles III and IV of Helms-Burton. We also have a consistent record of success in defeating US litigation brought under statutes inspired by political agendas. Moving forward, our team stands ready to assist those entities that are similarly targeted under this statute.