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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