Since the suspension of Title III of the Helms-Burton Act was lifted in 2019, there has been a steady rise in claims related to property confiscated by the Cuban government. Leveraging their knowledge of the political and legal landscape in DC, our team of heavy-hitting litigators and regulatory attorneys has been at the forefront of these cases and is well versed in the nuances of both certified and uncertified claims.
Title III of the Helms-Burton Act allows U.S. citizens who claim to have property that was confiscated by the Cuban government after 1959 to file a "trafficking" suit in the United States. Despite the fact that more than 5,000 claims were certified by the Foreign Claims Settlement Commission and many more uncertified claim holders remain unknown, less than 50 total cases have been filed due to the uncertain legal landscape. Each novel issue in the Act thus remains hotly contentious for defendants both domestically and internationally, while the consequences of Title III case law becomes more established.
Our team of litigators has argued novel issues of first impression in this first wave of high profile and high value Title III cases which will set the precedent for any potential litigation to come. With recent significant rulings handed down by courts indicating both the broad scope of the law and its inconsistencies, companies doing business with Cuban entities should remain on alert. Bolstered by our top-tier international trade and legislative practices, and with attorneys admitted to the Southern District of Florida and federal courts around the country mitigating the need for local counsel, our group is well positioned to assist companies with this complex and evolving area of law.