Rafael Langer-Osuna is a commercial litigator who tries cases. Rafael has significant experience litigating matters that turn on international relations and involve the foreign relations law of the US. How the law handles information – whether data privacy, the attorney-client privilege, online defamation or intellectual property – fascinates Rafael. Rafael often uses Spanish and a broad understanding of various legal cultures in representing foreign governments and multinational corporations in international disputes in US courts. These disputes often call upon Rafael to help coordinate global legal strategy across a variety of jurisdictions. Other lawyers, including lawyers from other law firms, seek advice from Rafael, regarding the application of the attorney-client privilege. In addition, Rafael maintains an active appellate and pro bono practice.

    Rafael received a Master’s in East Asian Studies from Duke University, a Master’s 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.

    Rafael is a member of the Advisory Committee of the Squire Patton Boggs Foundation, which promotes the role of public service and pro bono work in the practice of law and the development of public policy.

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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 antisuit injunction, thus allowing an Iraqi client to again pursue its claims in Iraq.
    • Helped 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 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

    • California, 2014
    • Florida, 2011

    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

    Languages

    • English
    • German
    • Spanish

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

    • 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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