Rafael Langer-Osuna focuses his practice on representing foreign governments and multinational corporations in international disputes in US courts and assisting international clients with patent-related litigation. Rafael is also often called upon to advise other lawyers, including other law firms, on the application of the attorney-client privilege. Rafael also maintains an active appellate and pro bono practice.

    Rafael is a member of the Florida Bar Association and the American Bar Association (ABA) and serves as the content chair for the Website & Social Media Subcommittee of the ABA’s International Litigation Committee.

    Supplementing his legal education, Rafael received a Masters in East Asian Studies from Duke University, a Masters in Cross-Cultural Moral Development from the University of California at Berkeley, and a certificate in Chinese and Environmental Studies from Nanjing University of Chemical Technology. Rafael also has a working knowledge of Mandarin.

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    • Representing a Japanese pharmaceutical company in antitrust class actions alleging illegal reverse payments in the settlement of patent lawsuit brought against a generic drug company.
    • Assisted trial counsel for Venture Corporation Ltd and Venture Design Services, Inc. in a two-week jury trial in N.D. Cal. The jury (i) confirmed our clients’ ownership of patents that a former employee claimed to have invented before his employment commenced, and (ii) rejected the former employee’s counterclaims seeking US$52 million-US$103 million in damages.
    • Assisted the Venezuelan Central Bank in a federal lawsuit asserting civil RICO and Lanham Act false advertising claims against a group of US-based defendants allegedly involved in an enterprise using social media tools to misrepresent and manipulate a black market for foreign exchange, thereby devaluing the country’s currency, robbing the Central Bank of seigniorage and disrupting the Venezuelan economy.
    • Trial counsel for the Republic of Ecuador.  Currently representing the Republic on appeal before the Third District Court of Appeal in Florida.
    • Secured dismissal of claims brought against the Republic of Ecuador by several companies and two individuals on grounds of foreign sovereign immunity and the act of state doctrine.
    • Coordinated the litigation of a dispute involving the ownership of profits from Bolivian and Argentine companies across multiple jurisdictions.
    • Secured dissolution of a preliminary anti-suit injunction thus allowing an Iraqi client to again pursue its claims in Iraq.
    • Helped to defeat class certification in litigation resulting from efforts to reduce its consumers’ energy use on behalf of a major public utility.  
    • Uncovered the identity of an online defamer, secured summary judgment for liability against the defamer, and assisted client to bring suit to recover attorneys’ fees from the defamer.
    • Secured dismissal of claims and then sanctions against a company attempting to bring a defamation suit against an Internet backbone company.
    • Helped to preclude a shareholder from enjoining a merger for purportedly improper disclosures.
    • Assisted a multinational bank to resolve an investment suitability dispute brought by Peruvian clients.
    • Assisted in the recognition of an arbitral award in favor of a British sports club against one of its players.
    • Assisted in defending on appeal an order granting discovery assistance in a foreign proceeding under 28 USC §1782.
    • Assisted in obtaining dismissal of a government contract bid dispute suit for failure to exhaust administrative remedies.
    • Obtained dismissal of all claims against a subset of directors and officers sued in an adversary action in a bankruptcy proceeding.
    • Achieved a favorable settlement on behalf of a pro bono client in her suit against the US.

    Education

    • Duke University, J.D.
    • Duke University, M.A.
    • University of California, Berkeley, M.A.
    • Carnegie Mellon University, B.A., with honors

    Admissions

    • Florida, 2011
    • California, 2014

    Courts

    • U.S. Dist. Ct., S. Dist. of Florida
    • U.S. Dist. Ct., N. Dist. of California
    • U.S. Dist. Ct., C. Dist. of California
    • U.S. Bankruptcy Ct., N. Dist. of California
    • U.S. Ct. of App., Ninth Circuit

    Memberships and Affiliations

    • Member, Dade County Bar Association
    • Member, Florida Bar Association
    • Member, committees of the American Bar Association (ABA)
    • Project manager, committees of the Dade County Bar Association 
    • Content chair, Website & Social Media Subcommittee of the ABA’s International Litigation Committee

    Languages

    • English
    • German
    • Spanish

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    • Co-author, “New Fla. Data Breach Law Presages Greater Enforcement,” Law360, May 28, 2014.
    • Co-author, “Pending Supreme Court Cases Could Reshape the Scope of Federal Preemption of State Law Claims,” Squire Sanders Litigation Update, Fall 2010.

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