Missionary

By: Angela King

              Since my teenage years, I have had a desire to become a missionary.  After many years of inquiries, conferences and applications, the opportunity finally presented itself in August of 2011 and I was off to Managua, Nicaragua, the second poorest nation in the World.

             Then, in January of 2012, my second missionary trip was to Carrefour, Haiti -- only two years after it had experienced one of the most devastating earthquakes in history. 
              Haiti, one of the poorest nations in the world, even after two years, had the look of a place which had just been affected by the earthquake.  We were housed in an earthquake affected facility which overlooked one of the larger “Tent Villages” there.   Our mission was to complete two two-bed room family residences which would eventually house a minimum of six people each.  We visited places of worship as well as a home for young girls and another one for young boys, most of whom had lost their parents in the earthquake.  There were many disheartening stories of death from the earthquake. The daily exposure to the level of poverty and the conditions in which humans exist was very traumatic for me and makes me more appreciative of what I have.

            My name is Angela King. I reside in Plainfield, New Jersey but I am from the island of Jamaica.

           This is the story of my most recent missionary trip to Nicaragua.  It is August 2012 and the time is fast approaching for my departure on the 17^th.  I had accumulated quite a few items from donations for the children of Nicaragua.  I spent the night of the 16^th packing until 2am, taping and labeling four storage totes with these donations.

             I was off to the airport at 3:00pm with the four totes, one carry case of art pencils and crayons, one piece of personal luggage, my laptop and my pocket book.  My flight departure time was 4:59pm.

             I arrived at the airport, unloaded my luggage, said goodbye to Reverend Jennings who transported me and waited for a Red Cap. Due to a luggage issue with a passenger ahead of me, my wait on line for the one agent on duty was approximately forty minutes.  It’s now 4:20pm.

             I gave the agent my documentation and showed her my luggage.  It is at this time she informs me that there is an embargo in Nicaragua and I am only allowed two pieces of checked luggage.  After much protest to no avail, and because nothing can be disposed of at the airport, I inquired of changing my flight so I can take the items back home.  I was given a cost of over one thousand dollars.  “Are you people crazy?” was the only thing I could say.  She informs me that I must check my two pieces or I cannot check anything.

            So here I am at 4:35pm, flight boarding and almost in tears.  I grabbed my personal bag and one tote, gave them to her and paid the fee which she told me would be the total cost to Nicaragua.  With my head still spinning, I remembered that my girlfriend LaWana works just outside the airport but it’s Friday and she is not usually at work that late.  I took a chance and called.  No answer.  In total panic I called her husband Samad who got a hold of her. She is still at work!

             She races to the terminal as I hear the final boarding call for my flight.  I see her coming.  I leave the totes on the curb, grab my laptop, pocket book and the carry case of crayons and head for the security checkpoint, still hearing the final boarding call.

            The line is snaked around several rows.  I find a TSA agent and let her know that my flight is completing its boarding.  She tells me I am only allowed two pieces of carry-on luggage and I have three.  “What?” I inquired as to where I can dispose of the case of crayons.  “You cannot,” she advises.  Not at the airport. She says I have to get my laptop into my pocket book and with the case of crayons that will be two pieces. Get my laptop (which is in a case) into my pocketbook?  Either all these folks have lost their minds or I am in a really bad episode of “The Twilight Zone.”

             I still believe God got that laptop into my pocket book.  She put me at the front of the line with my two pieces of carry-on. By now they are calling my name to board the flight. The other agent is still checking my boarding pass and passport.   I yelled, “that is my name they are calling” and another passenger put me in front of her.  I unloaded all the items I just stuffed into my pocket book for security screening.  I ran through the x-ray machine (still being paged), I grabbed everything and with pants falling down, stuffed everything under my arm and ran for gate C34 while yelling “out of my way” all the way there.

              The agent asks “who are you?” I could only stab at the paper he was holding.  “Ok you made it,” he says.  “Are my pants down?” I inquired of a fellow passenger, “no they are still up,” she said.  It sure didn’t feel like it. I thanked her and sat down for the first leg of my flight.

              I arrived in Miami and decided to double check with an agent about the fee I paid in Newark which should have taken my luggage to Nicaragua the next day.  She took one look at my receipt and said “they did it wrong.” “Wrong?” I inquired.  “Yes, they booked you with Miami as your final destination.”

              Seeing the look of utter disbelief on my face, she said, “bring your receipt in the morning and tell the agent what you just told me, maybe they will be able to do something for you.”

              I was tired and just could not deal with anything else at this point so I found a hotel for my overnight stay and got picked up by the shuttle.  After grabbing a bite to eat, I finally got to my room. Lying down never felt so good!

             The next day, I dressed, packed and went to the hotel lobby to await the airport shuttle.  A few minutes later, I received a call from the airline that my flight was being delayed one hour.  I decided to go ahead and take the shuttle and wait at the airport.   As I entered the terminal an agent asked where I was going.  I told him Nicaragua.  He said “you can’t take that.”  “Can’t take what?” I inquired.  “The tote,” he said. “There is an embargo and it is considered a box.”  “You have got to be kidding. Why was I not told that in New Jersey so I could have sent everything back home?”  A shrug of the shoulder was all I got.

            “So what can I do with it?” “You can purchase a bag, put the items in it and dispose of the tub,” he advised.  “Where can I get a bag?”  “There is a store around the corner.”

          I found the store and relayed my story to the clerk who thoroughly enjoyed my dilemma thus far.  I found a large bag which was on sale (I could not have afforded one otherwise) and still frustrated, stuffed the entire tote in it along with the case of crayons.  I now had two pieces of luggage.

          I walked back to the airline counter, found an agent, who took my bags after I told her my story without any additional charges.

          Our flight arrived in Nicaragua without incident. We cleared customs.  When the buses arrived most of our luggage had to be loaded on the roof racks and yes you guessed it; it rained so we arrived at The Villa Esperanza with soaked luggage.

          The Villa Esperanza (Village of Hope) is the realized vision of Gloria and Wilbert Sequeira. Along with Forward Edge International, The Villa houses at-risk girls who are rescued from a life of prostitution and are given the chance to grow up and live a normal life.  The Villa also hosts visiting missionaries who help the young girls mature through adulthood.

          Along with our mission to spread the word of God, our purpose on this trip was to complete the multi-purpose center in Christo Rey and build homes for the needy. 

          Christo Rey (Christ Came) was named by the villagers after they were put on this undeveloped land and left to make it on their own.  The missions to Christo Rey are usually geared towards building homes for the Villagers whose shelter is normally constructed of plastic, cardboard and posts made from locally harvested trees. 

          We worked in Christo Rey for five days and accomplished all we had planned for this Mission.  Four homes were completed, the multi-use center along with a kitchen and bathroom were 95% completed. 

           And so after our time of fun with the girls at The Villa, it was time to return home.  Because our flight was early on Sunday morning, we left The Villa on Saturday to stay at the hotel directly across from the airport.  Upon arriving at the hotel, we were given the news that all flights to Miami were cancelled until further notice due to the onset of hurricane Isaac.

           The men returned with news from the airline that the earliest flight we could get out of Nicaragua was on Tuesday and it was not going to Miami.  The flight was scheduled for Guatemala, where we would get another flight to Houston, Texas, then another flight to Washington, D.C. our final stop! But we are going to New York, how will we get there?  We will rent vehicles and drive up, was the answer.  The men had already booked us out on the Tuesday flight.

            So we hung out at the hotel, each enjoying a mini vacation. Personally I needed the rest. On Tuesday we began our journey home from Nicaragua to Guatemala to Houston to DC. Rented two passenger vans and drove home. I was dropped off at Newark Airport at 3am on Wednesday. I got Reverend Jennings out of bed to come and take me home.

            I will be returning to Nicaragua in December ….. you gotta love this mission work!

My Internship in Beijing

Jessika Wong ‘14

     

      Last summer, I interned in Beijing, China with a tax practice group of a large international law firm. Since I had only worked for a solo practitioner in New York City prior to law school, I was excited to have this opportunity to experience working at one of the largest international law firms.

      The firm I supported has a diverse array of practice areas spread across different offices that vary in size. The tax practice group with which I worked is one of the newer and smaller practice groups in the firm’s Beijing office. The Beijing tax group also works closely with the tax practice group in the Shanghai office. By comparison, the intellectual property group, which focuses on trademarks, is the largest practice group.

       Both American and Chinese law students have interned with the firm’s Beijing office. However, I was the only American law student in the Beijing tax practice group. Summer recess for the local Chinese law students typically extends from July through September; since my internship program ran from May to June, the three other American law school students and I mingled with more than ten Chinese legal externs who were completing the final semester of their undergraduate legal studies. In the People’s Republic of China (PRC), university students who major in law become qualified attorneys upon having passed the PRC’s National Judicial Examination (guojia sifa kaoshi).[1] However, since foreign international law firms—generally, firms whose headquarters are outside of the PRC— are not allowed to hire lawyers with an active PRC legal license, Chinese law students employed by such firms are typically encouraged to pursue qualification in another legal jurisdiction outside the PRC.[2]
   

       It is unconventional for a foreign international law firm to have a tax practice group. Most international law firms with offices in China do not have tax practice groups because the “Big Four” accounting firms (Deloitte, Ernst & Young, KPMG, and PricewaterhouseCoopers) dominate in the area of taxation. In addition, local PRC law firms provide legal services for nearly all local tax issues, which further limits the local tax client market of international law firms.

       Tax clients generally hire lawyers of large international law firms to advise on complex issues arising from international or multi-national transactions. Such transactions may include anticipating and minimizing the tax consequences – both costs and concerns – for acquiring a targeted business in China, and drafting tax risks and potential areas of dispute for share/asset transfer agreements. The practice of our firm’s Beijing tax group also provided tax-planning advice, such as advising a multinational enterprise on the tax consequences of having a representative office in the PRC.

        My internship focused on PRC tax law. Tax law in the PRC is not as complex as the United States tax code, and is still being developed. While the National People’s Congress (NPC) enacts basic tax laws, the Ministry of Finance (MOF) and the State Administration of Taxation (SAT) are responsible for tax policy and issuing regulatory rules. The SAT also administers and collects taxes. Both the MOF and SAT issue Circulars, which are supplemental interpretations of tax regulations intended to help implement the basic tax laws promulgated by the NPC. The SAT and the MOF have been delegated the power to interpret tax law and as such, their rulings and Circulars are binding upon tax authorities.[3] Most of the research I conducted during my internship involved reading these Circulars. Our firm published tax newsletters to explain new Circulars and their predicted effect upon international corporate clients.

        As a native English speaker, much of my work involved editing these tax newsletters. I met with the firm’s legal editor on staff, whose job involves helping non-native English speakers to improve their grammar. After showing me examples of a variety of memos, the legal editor taught me about which methods for organizing legal writing were the most effective. The foundational principles were the same as those I learned in legal writing class in the United States; however, the writing style mimicked the Queen’s English from the United Kingdom.

        My internship further encouraged me to develop language skills in another Chinese dialect in addition to honing my legal writing skills. At home and with my family I grew up speaking Cantonese—a dialect spoken mostly in Southern China and Hong Kong—and I provided medical interpretation for Cantonese patients when I worked at a New York City hospital before starting law school. While well-versed in Cantonese, the main dialect spoken in Beijing is Mandarin. So, in my free time, I met with a tutor to become more conversant in Mandarin. In the PRC, I found that the Beijing tax practice group relied heavily on regulations written in simplified Chinese, while other practice areas may be more English based.

        One of the biggest advantages of working at an international law firm was learning about how they nurture their associates and interns. In addition to attending weekly meetings of the Beijing tax practice group, I attended numerous training sessions pertaining to all the areas of law for which the Beijing office had a practice group. Each week, a partner from a different practice group would conduct a seminar on the basic laws of their specialty and talk about recent issues within their field. Since I am still undecided as to which legal specialty I would most like to pursue, these seminars provided a wonderful opportunity for me to explore areas as diverse as intellectual property, litigation, corporate and transactional, and securities. For example, the litigation seminar, which I attended was dedicated to the PRC legal. These seminars would be held via video conference across all of the firm’s offices in Asia (Hong Kong, Shanghai, and Vietnam).

         I was extremely lucky to have this chance to intern abroad in China after my first year. I highly recommend interning internationally, even if the internship may not be in the precise field of law in which you are most interested. As my opportunity proved for me, international summer internships can yield an unparalleled vantage point into what it is like to live in a different country, to speak its language, and most of all, to learn about how to operate within its legal system.

[1] Carl F. Minzner, China’s Turn Against Law, 59 Am. J. Comp. L. 935 (2011).
[2] Mark A. Cohen, International Law Firms in China: Market Access ad Ethical Risks, 80 Fordham L. Rev. 2569 (2012).
[3] Deloitte China Master Tax Guide 2011/12.

Internship at U.S. Customs and Border Protection

Elizabeth Shingler '13

            As an intern at the Associate Chief Counsel’s Office of U.S. Customs and Border Protection (“CBP”), I have been exposed to an array of issues, far exceeding what I had anticipated.  The attorneys who work for the Associate Chief Counsel’s Office appropriately describe themselves as “generalists” as opposed to the “specialists” who work at Headquarters in Washington, D.C., who focus strictly on particular aspects of customs and immigration laws. 

Employment law cases comprise the majority of the work at the Associate Chief Counsel’s Office. Most of these cases involve claims of Title VII violations, relating to discrimination or agency reprisal against an employee.  From what I have observed, although the facts of these cases are usually straightforward, they can be time consuming and emotionally-charged for the employee. 

Following employment law issues, immigration issues are another large component of the office’s work.  Upon entering the country, an immigration officer determines whether a person is admissible to the United States.  An alien may not be admissible for a variety of reasons, such as a prior crime involving moral turpitude.  In such cases, a Notice to Appear will be issued requiring the person to appear in court to determine whether he may stay in the United States.  The office becomes involved because the attorneys review the file to ensure there is adequate and appropriate information to proceed with the government’s case.  As I have not taken any immigration law courses and do not have a background in immigration law, I have found it to be highly complicated and difficult to understand.

CBP attorneys are also involved in seizure related issues, arising from seizures of prohibited items at the border and Immigration and Customs Enforcement’s (ICE) seizures. ICE is CBP’s sister agency; both fall under the Department of Homeland Security (DHS) umbrella.  As such, when ICE officers make seizures (often this involves seizing either a vehicle or money), CBP is responsible for reviewing the seizure and issuing notices to the owners explaining their legal options.  In these cases, the owners may abandon the property, have an administrative hearing, or proceed in court.  I have had some exposure to these cases and have found them to require you to be highly organized in order to stay on top of each proceeding.

Of course, the attorneys also enforce customs law, an area of personal interest. Although much of the technical work is performed in Washington D.C., the office in New York handles violation cases.  Customs laws are found in Title 19 of the United States Code and I have been fortunate enough to be involved in cases where the importer either did not properly classify the goods thereby altering the duty amount that is to be paid on the goods or the importer has protested the duty that was assessed on his goods. I found these internship opportunities to be a great way to gain hands-on experience and to understand how the law is applied. They also involve multiple offices, such as Audit and Fines, and Penalties and Forfeitures to determine when and how a violation has occurred.

The variety of the work at the Associate Chief Counsel’s Office has made each day interesting and has furthered my knowledge in a variety of areas. Additionally, the attorneys have always been willing to answer my questions or discuss a complicated question, while giving me the freedom to research and address issues as I see fit. My internship at CBP has been a rewarding experience and one I would recommend to others.

The New York City Bar Association Discusses International Trademark Issues

By Jennifer Johnson ‘13

            On October 16, 2012, the New York City Bar Association hosted a panel event entitled “Brands Abroad: International Trademark Issues Facing In-House Counsel and Those Who Advise Them.”  As someone interested in the intersection of international law and intellectual property, I was eager to attend.  The impressive panel featured three attorneys: John M. Bergin, Chief Trademark & Copyright Counsel at Avon Products, Inc., Clark W. Lackert, Partner at Dickstein Shapiro, LLP, and Doreen L. Costa, Partner at Baker Botts, LLP. 

            To start off the panel, Mr. Bergin began with some remarkable facts about Avon Products, Inc.  He told the audience that Avon has over 45,000 trademarks registered throughout the world and that one attorney and four managers handle all the clearance, applications, and maintenance associated with those trademarks.  He explained that trademarks should be viewed as an asset or investment rather than an unnecessary expense.  Undoubtedly, many other companies view trademarks in the same light as the numbers of trademark applications and registrations have drastically increased in the last few years.[1]  With these unprecedented numbers, it can be challenging to search and clear new marks.  An interesting concern that he also pointed out is that when the marketing department is suggesting names for a new brand, it is not uncommon that a particular name may not work in certain countries due to cultural differences (e.g. it does not translate well, means something distasteful, or lacks the intended pizazz).  In a global economy and social media age, it is important to appeal to consumers around the world.  Additionally, Avon’s brochures are harmonized so if the company is unable to obtain a mark in one country because it does not work or is blocked, it will have to come up with a different mark that is usable worldwide. 

The panelists went on to discuss the process of clearing a trademark and explained the “likelihood of confusion” standard that is used in trademark law.  When choosing a mark that will not be confused with an existing mark, one needs to consider the strength of the mark (including its distinctiveness or fame[2]), the similarity between marks, the quality of the products, the competitive proximity of the products, and the sophistication of the customers.  When conducting searches, it is helpful to do an online “quick and dirty” search, but then you also should have a trademark agent conduct a full search. 

The panelists explained that there is no such thing as a world trademark; trademark rights are territorial by nature.  This makes it essential to create a network of reliable local counsel in every country with whom you can work.  While it is important to consider their advice, attorneys need to also use their own independent judgment to make final decisions.  Another word of caution is that these overseas trademark agents typically are not attorneys and under many local laws there is little to no attorney-client privilege.[3]  The granting of rights that come with trademark ownership also varies from country to country.  In commonwealth countries like the United Kingdom, these rights are given through use, whereas in civil law countries like Japan, China, and Germany, these rights are given through registration which makes it all the more necessary to register one’s trademark in these countries in order to avoid piracy.[4]  As Baker Botts’ co-panelist, Ms. Costa, commented, it is always cheaper to register for a mark in the first place than subsequently having to buy a mark from another party because you did not act first.

Usually marks are filed regionally such as through groups like the Organisation Africaine de la Propriété Intellectuelle (“African Union” or “OAPI”) and the European Community Trademark (“CTM”). Similarly, for countries that have signed on to the Madrid Protocol, like the OAPI or CTM, it offers trademark owners a way of obtaining a trademark registration that covers multiple countries.  In other words, under all these systems, the process is greatly streamlined by only requiring a single fee,[5] one renewal fee,[6] and filing in just one language.  This route is especially recommended for registrants that do not have local agents.  However, a registrant needs to know that there are several differences between the Madrid System and these other regional trademark schemes.  For example, under the CTM, a registrant is not required to maintain a commercial establishment in the EU, but a Madrid registrant must be a national or domiciled in one of the member countries of the Protocol.  Also, if registering under the CTM, the registrant must register under all included countries, whereas under the Madrid Protocol, the registrant is free to pick and choose among member nations which countries in which it wants to register.  Another difference is that under the Madrid Protocol, the registrant will still have to meet the individual countries’ requirements which can be quite rigid, but under the CTM, an application can only be refused on absolute grounds.[7]       

Once a trademark is registered, it is vital that the owner be vigilant in policing the mark so its goods and services do not become a target for counterfeiting.  There are many treaties that govern the enforcement of trademark protection.  These include the Paris Convention (1883), the Madrid Treaty on False Designations (1891), the Pan American Convention (1925), the Lisbon Treaty (1958), the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPs”) (1994), and the Anti-Counterfeiting Trade Agreement (2010 draft).  Ms. Costa spoke about the importance of getting law enforcement authorities and the United States Customs and Border Protection involved so as to work closely with trademark registrants, especially when there is an expected illegal shipment.  Often counterfeit products are made by “second shift” workers who work in factories making the legitimate products and then, with the access they have to the materials, create counterfeit goods after their shift ends.  However, when conducting investigations overseas, one must be aware of espionage laws as some countries require investigations to be run exclusively by the government and not private citizens.    

The panelists ended the discussion with an overview of social media and the added complexities of trademarking and brand protection with the proliferation of the Internet.  Overall, it was a very informative presentation.  It reminded me that, as with most areas of international law, there is a delicate balance that must be achieved between globalization and harmonization of laws and respecting individual countries’ desires to make their own political decisions of how to implement and enforce domestic law.        Therefore, attorneys in the United States must do what they can to properly search, register, and police trademarks abroad, while being mindful of potential pitfalls like confidentiality concerns, country-specific trademark requirements, and domestic espionage laws.  Also, even as trade and commerce becomes international, allowing companies to reach a larger consumer base, there will remain cultural differences that impact and complicate decisions companies make (such as choosing a brand name) and companies must be sensitive to that.

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[1].  Worldwide trademark applications grew from 2.3 million to 3.3 million from 2002 to 2007 and worldwide trademark registrations grew from 1.7 million to 2.2 million from 2002 to 2007.  The U.S. Patent and Trademark Office alone sees over 250,000 filings each year.  To give perspective on this, Mr. Bergin highlighted the fact that there are only 200,000 words in an average English dictionary. 

[2].  When it comes to relying on fame, it can be difficult to prove and the public knowledge of your mark must be local (not just general or by means of the internet).  

[3]. In countries such as Germany and Belgium, the privilege often ends with the attorney opinion letter and search report itself.  In countries such as Italy, France, and Sweden, there is no attorney-client privilege between in-house counsel and business associates. 

[4].  Not only does registration provide notice, but it is usually necessary for combating counterfeiting and for customs records.  

[5].  The fee is $19,000 for one good per class for registration in the 84 Madrid Protocol countries.  If the registrant had to make individual filings, the cost would escalate to $160,000.

[6].  Trademarks usually must be renewed every ten years.  Under the Madrid Protocol, if the registration in the home country fails during the first five years, then the international registration will also become invalid.  However, if there is no issue in the first five years, then the international registration becomes independent.  In contrast, a registration with the CTM will be independent of any other application or registration from day one.  

[7].  This list of differences between the CTM and Madrid Protocol is not meant to be exhaustive.