Business Immigration Law: Strategies For Employing Foreign Nationals

Amanda Thompson maintains an immigration law practice in Chicago, has more than fifteen years of experience practicing U.S. business immigration law from two perspectives: as outside counsel assisting organizations with their immigration needs and as the in-house immigration specialist for a national research facility. She is a former J-1 Responsible Officer, F-1 Designated School Official, and E-Verify Administrator. Her clients have included Fortune 100 corporations and multinational businesses, start-up businesses, and highly educated individuals working in education, government or research environments. Ms. Thompson has acquired a unique perspective on the internal needs of organizations with international populations, and hence her services include not only the traditional immigration process for temporary and permanent work-authorizing statuses in the U.S., but also the development and implementation of organization-wide systems that support international populations and the immigration process. Ms. Thompson is a frequent writer and speaker on a variety of immigration topics. She is a member of the American Immigration Lawyers Association and Vice-Chair of its Students and Scholars Committee, and also a member of the National User Facility Organization. She was born in Edinburgh, Scotland, and grew up in Edmonton, Alberta, Canada. She has a Bachelor of Arts degree from the University of Alberta, Canada, and a Law Degree from the University of British Columbia, Canada.

Gilbert S. Keteltas (Author of Chapter 4) litigates complex commercial matters in federal, state, and administrative courts as a Partner in the Washington, D.C. office of Baker & Hostetler LLP and chairs the firm’s Complex Commercial Litigation Practice. A recognized leader on eDiscovery strategies, Mr. Keteltas co-authored “Discovery of Electronic Evidence” in Electronic Evidence Law and Practice (2d ed. 2008). Mr. Keteltas has served on the faculty of Georgetown Advanced eDiscovery Institute and serves on the Institute’s Advisory Board. He is active in Sedona Working Group 1: Electronic Document Retention and Production, and is a frequent speaker on eDiscovery risk, response, and advocacy. He is a trusted advisor to Fortune 500 companies on the creation, deployment, and defense of eDiscovery response programs. Mr. Keteltas received his J.D. from Georgetown Law School and his B.S. in Industrial and Labor Relations from Cornell University.

Jennifer Vanderhart (Author of Chapter 5) is a Managing Director with FTI Consulting in Washington, D.C. Dr. Vanderhart graduated from Trinity University with a B.A. in Economics and Spanish, and received her Ph.D. in Economics from Texas A&M University, where she taught in the departments of Economics and Management. Dr. Vanderhart has over twenty years of experience providing consulting services, and she has testified on valuation and complex economic damages in litigation and international arbitration. Much of Dr. Vanderhart’s experience involves intellectual property (IP), and she publishes and speaks frequently on IP and other current damages issues. Dr. Vanderhart also has experience with FIFRA cost compensation, antitrust inquiries, international arbitration, and general commercial damages.

Brian M. Daniel (Co-author of Chapter 7) is a Vice President in the Intellectual Property practice of Charles River Associates in Chicago. Since 1995, Mr. Daniel’s practice has focused on managing valuation, litigation, and strategy assignments. He has testified on issues including the determination of economic damages and monetary relief in intellectual property and other commercial disputes. Mr. Daniel has authored numerous intellectual property appraisal and business valuation reports, and has consulted on a wide range of projects involving trademarks, patents, trade secrets, and copyrights. He holds the designations of Accredited Senior Appraiser (ASA) specializing in business valuation from the American Society of Appraisers, Chartered Financial Analyst (CFA), and Certified Licensing Professional (CLP). Mr. Daniel received his B.A. in Economics, with High Distinction, from the University of Michigan, and his M.B.A. in Finance and Business Economics from the Indiana University Kelley School of Business.

John G. Froemming (Co-author of Chapter 7) is a partner, trial lawyer, and co-leader of the Trademark, Copyright & Unfair Competition practice at Jones Day. He is ranked by corporate counsel as one of the top nineteen U.S. “All-Stars” in the 2011 BTI Client Service survey for intellectual property and as one of the top nine U.S. trademark litigators in the 2009 Legal 500 survey. He is also a registered patent attorney. He has won jury and bench trials as well as preliminary injunction hearings for clients in federal courts, and has counseled numerous Fortune 500 clients in false advertising, unfair competition, and trademark and false advertising cases across the country. He has an A.B. cum laude with honors from Dartmouth College, a law degree from Northwestern University School of Law, and a Master of Science degree from the George Washington University Graduate School of Engineering & Applied Science.

Susan M. Kayser (Co-author of Chapter 8) is a Partner in the Intellectual Property practice in the Washington, D.C. office of Jones Day, with over fifteen years of experience in intellectual property litigation and counseling. Ms. Kayser provides clients with expert litigation skills and a deep understanding of copyright law, resulting in damages awards to copyright clients that exceed alleged infringer’s profits and dismissals of claims against clients that have been sued for copyright infringement. Ms. Kayser counsels clients on protection, enforcement, and exploitation of proprietary rights in copyrightable content in connection with software, literary and musical works, apparel art, photographs, architectural drawings, and other original works. Recognized in the Legal 500 US survey in 2010 and 2009 as a leading trademark litigator, Ms. Kayser also represents clients on comparative advertising issues, and counsels clients regarding compliance with FTC Marketing Rules, including endorsements and online advertising issues. Ms. Kayser is a frequent speaker and writer, with numerous journal publications to her credit. She is a 1993 graduate of American University Washington College of Law and received a B.A. in Communications from American University in 1989.

Jessica D. Bradley (Co-author of Chapter 8) is a Partner in the Washington, D.C. office of Jones Day. Ms. Bradley's practice is concentrated in the areas of trademark and copyright litigation, enforcement, and counseling. Ms. Bradley regularly counsels clients on registration and enforcement strategies for copyright protection for a variety of works including sculpture, media, photographs, and graphic design. She also represents clients in litigation involving copyright infringement claims, both enforcing clients' copyrights as well as successfully defending clients against infringement claims. Ms. Bradley has been named a Rising Star in intellectual property litigation in 2014 by Washington, D.C. Super Lawyers. She graduated magna cum laude from The George Washington University with a B.A. in Journalism and summa cum laude from Catholic University of America Columbus School of Law.

Benjamin K. Riley (Co-author of Chapter 9) is a Principal in the San Francisco law firm of Bartko, Zankel, Bunzel & Miller. Mr. Riley has tried over twenty-five cases to verdict, including jury trials, court trials, and complex arbitrations. He focuses his practice on technology-related litigation, including trade secrets, patents, copyrights, trademarks, business accounting issues, and contract and licensing matters. Mr. Riley is a past President of the Northern California Chapter of the Association of Business Trial Lawyers, a 2,000-member organization of the Bay Area's commercial and intellectual property judges and litigators, and formerly served as a lawyer representative to the Ninth Circuit appointed by the Northern District of California. He has been named a Northern California Super Lawyer from 2005-2014. Mr. Riley received his A.B. cum laude from Dartmouth College and his J.D. from the University of California, Berkeley School of Law (Boalt Hall).

Thomas W. Britven (Co-author of Chapter 9) is the President of ASQ Consulting. Prior to forming ASQ Consulting, Mr. Britven was the National Intellectual Property Consulting Practice Leader of Duff & Phelps, a leading provider of independent financial and advisory services. Mr. Britven has over thirty years of financial consulting experience, and concentrates his practice in the areas of intellectual property and complex commercial litigation. He has extensive experience determining lost projects, reasonable royalties, and unjust enrichment, among other forms of damages and related issues, and has testified to the results of his work in multiple forums. Mr. Britven is a Certified Licensing Professional, Chartered Global Management Accountant, and Certified Valuation Analyst. He is also a Certified Public Accountant and is Accredited in Business Valuation by the American Institute of Certified Public Accountants. Mr. Britven served as the past President of the Licensing Executives Society. He received his B.B.A. in Accounting from The University of Iowa and is a graduate of the Owner/President Management Program at Harvard Business School.

Ryan LaMotta (Co-author of Chapter 9) is a Director with ASQ Consulting. Prior to joining ASQ, Mr. LaMotta was a Vice President in the Houston office of Duff & Phelps. Mr. LaMotta has over eight years of financial consulting experience, with a focus on intellectual property and other complex litigation matters. Mr. LaMotta’s experience includes the determination of reasonable royalties and lost profits as well as other forms of damages and working with counsel on damages strategy. Mr. LaMotta is a member of the Houston chapter of the Licensing Executives Society, as well as the Houston Intellectual Property Law Association. He holds an M.B.A and a B.B.A from Baylor University.


John H. Johnson, IV (Co-author of Chapter 10) is the CEO. President, and founder of Edgeworth Economics, a Washington, D.C. consulting firm that provides objective economic analysis in support of complex litigation. He specializes in both antitrust and labor and employment matters, and has a wide range of expertise in all aspects of civil litigation including class certification, liability, damages, and settlements. Dr. Johnson has testified on antitrust damages in several litigation matters including In re Polyester Staple Antitrust Litigation, In re Ready Mixed Concrete Antitrust Litigation, and Univac Dental Co. v. Dentsply International, Inc. In addition to his consulting work, he has authored numerous articles appearing in trade and professional journals. Dr. Johnson received his Ph.D. in Economics from the Massachusetts Institute of Technology and his B.A. in Economics, magna cum laude, from the University of Rochester. Dr. Johnson is also an Affiliated Professor at the Georgetown Public Policy Institute and previously taught at the University of Illinois, Urbana-Champaign.

Joseph A. Ostoyich (Co-author of Chapter 10) is an Antitrust Partner in the Washington, D.C. office of Baker Botts LLP. He has more than two decades of experience representing some of the world’s leading companies in price fixing, monopolization and the full gamut of antitrust litigation in U.S. courts and in investigations and merger reviews by the Department of Justice, the Federal Trade Commission, the European Commission and government authorities around the world. He has represented clients in bet-the-company competitor and class action lawsuits, including more than a dozen different class action clusters. Mr. Ostoyich recently served as lead trial counsel in an eight week bench trial against the Federal Trade Commission and obtained a defense judgment in his client’s favor on the government’s core claims of price fixing. Additional recent litigation wins include obtaining a zero dollar judgment on behalf of a client facing a multibillion dollar monopolization suit brought by its main rival and winning summary judgment in a price fixing case charging his client with participating in a decade-long conspiracy. In all three cases, his cross examination of the opposing experts led the courts to disregard their testimony. The Legal 500 stated that Mr. Ostoyich “provides clients with a considerable pedigree in relation to a range of federal and state private antitrust litigation.” Mr. Ostoyich regularly counsels clients on joint ventures, intellectual property licensing and enforcement, resale price maintenance and price discrimination. He frequently speaks at industry conferences and client retreats about antitrust law developments and he has written numerous articles and analyses of the antitrust laws. He is a graduate of the University of Chicago Law School and Cornell University, earning a B.A. with distinction.

Robert H. Cox (Co-author of Chapter 11) has twenty years’ experience handling cases in global litigation, government enforcement, and white collar crime, including complex litigation and private securities litigation. He has defended several large corporations in securities fraud class action suits. Mr. Cox has significant experience in all phases of trial and appellate practice in state and federal courts and in arbitration proceedings throughout the United States and has tried numerous cases to verdict. In commercial practice, he has handled a wide variety of commercial disputes, focusing on complex matters involving business torts, contractual disputes, insurance coverage claims, copyright infringement, fraud, intellectual property, trade secret misappropriation, unfair trade practices and other issues. He holds a J.D. and M.B.A. from the University of Virginia, an A.B. cum laude from Duke University in political science, and is admitted to practice in the District of Columbia and Virginia.

John Griffin (Co-author of Chapter 11) is a Vice President in the Financial Markets practice of Charles River Associates in Boston. He joined CRA’s staff in 1998, and has worked on a broad range of litigation and other consulting matters. In securities litigation matters, his work focuses on damages issues, including the estimation of per share damages and aggregate damages using both simulation approaches and trading records. In other finance-related litigation, Dr. Griffin has analyzed damages in the context of insider trading accusations, calculated the performance of large investment portfolios under alternative investment strategies, and researched real-time financial data systems. Dr. Griffin received his B.A. and Ph.D. in Economics from Boston College. Prior to joining CRA, Dr. Griffin was an Assistant Professor at Worcester Polytechnic Institute.

Min Shi (Co-author of Chapter 11) is a Partner in the Oxford office of Oxera, an independent European consultancy. Dr. Shi is a valuation expert and has worked on various litigation cases involving valuation, solvency, and damage estimation in a variety of industries such as insurance, banking and financial services, energy, and consumer and business services. She has submitted expert reports to various courts in the US, UK, France, Jersey, Guernsey and Trinidad and Tobago, and has testified in the High Court in London and the ICC Court of Arbitration in Paris. Dr. Shi had previously worked as a consultant with Charles River Associates, as an Assistant Professor of Finance at the University of Wisconsin-Madison, and as a consultant at the International Monetary Fund and the World Bank. Dr. Shi received her Ph.D. in Economics from Harvard University and B.A. in International Economics from Beijing University, and is a Certified Financial Analyst.

Michel J. Vanderhart (Author of Chapter 12) is a Director in the Washington, D.C. office of Analytics Research Group LLC. Dr. Vanderhart has conducted studies for corporations, government agencies, and law firms on a variety of economic and statistical issues. He has special expertise in economic and statistical analyses in employment litigation matters. In addition to his consulting work, his academic research has been peer-reviewed and published and he has presented his findings at various university seminars, conferences, and professional meetings. Dr. Vanderhart earned a Ph.D. in economics from Texas A&M University, where he taught in the Department of Economics, and an M.S. in International Economics from Erasmus University in Rotterdam.

Raymond C. Baldwin (Co-author of Chapter 12) is the Associate Managing Partner of the Washington, D.C. office of Seyfarth Shaw LLP, where he practices in all aspects of employment law. He has substantial litigation, trial and appellate experience, defending management against claims of discrimination, retaliation, harassment, wrongful termination, breach of contract and related theories, and the defense and enforcement of restrictive covenant/non-competition issues. Mr. Baldwin has also defended employers in a variety of complex collective and class cases, including multi-plaintiff discrimination suits, actions arising under the Fair Labor Standards Act and state wage and hour laws, and EEOC pattern and practice cases. Mr. Baldwin has tried numerous cases to verdict in federal and state courts. He holds a J.D. from the University of Maryland School of Law, a M.A. in National Security Studies from Georgetown University, and a B.A. from the University of Maryland. He is admitted to practice in the District of Columbia and Maryland. Prior to entering the practice of law, Mr. Baldwin served as an officer in the U.S. Navy.

Adam J. Vergne (Co-author of Chapter 12) is an Associate in the Labor & Employment Department in the Washington, D.C. office of Seyfarth Shaw LLP. He concentrates his practice exclusively on the representation of employers throughout the country in all aspects of employment law, with a particular emphasis on wage and hour and complex litigation matters. Prior to entering the practice of law, Mr. Vergne worked in the Human Resources Departments of three different Fortune 500 companies. In his practice, Mr. Vergne combines his real-world experience with knowledge of evolving legal issues to find innovative solutions and give employers the tools they need to avoid litigation whenever possible. Mr. Vergne earned a B.B.A. in Economics from Boise State University and a J.D. summa cum laude from the Creighton University School of Law.

William Lavery (Co-author of Chapter 13) is a Partner in the Antitrust and Competition practice group of Baker Botts LLP’s Washington, D.C. office. His work focuses on complex and class action litigation, criminal antitrust investigations, and mergers. Mr. Lavery has represented clients in numerous industries in cases involving alleged claims of price-fixing, monopolization, Robinson-Patman violations, sham litigation, and other business torts. Mr. Lavery currently serves as the Chair of the Antitrust Law Committee for the ABA Young Lawyers Division, and was previously Vice Chair for 2013-2014. Mr. Lavery earned a J.D. at Cornell Law School and a B.A. in business administration at the University of Washington.

Andrew Lazerow (Co-author of Chapter 13) is a Partner in the Washington, D.C. office of Covington & Burling LLP, focusing on antitrust litigation. Mr. Lazerow also has extensive experience in alternative dispute resolution proceedings, including binding arbitration and mediation. Mr. Lazerow’s experience in antitrust class actions, securities fraud class actions, patent litigation, trademark litigation, and complex commercial disputes spans numerous industries. Mr. Lazerow earned a J.D. at Georgetown University Law Center and a B.A. in international relations, cum laude, at the University of Pennsylvania. Prior to law school, Mr. Lazerow served two years as a Public Affairs Specialist at the Food and Drug Administration.

Douglas C. Allen (Co-author of Chapter 14) is the President and Managing Principal of Theseus Consulting, Inc. in East Montpelier, Vermont. Mr. Allen has twenty-eight years of environmental consulting experience for complex, high-stakes commercial transactions, matters, and disputes. He has conducted and managed a wide range of environmental activities from due diligence assessments for commercial property transfers to multi-discipline multi-million-dollar investigation, remediation, and construction projects. Mr. Allen specializes in the assessment, valuation, and management of environmental liabilities for commercial matters and transactions involving bankruptcy and restructuring, mergers and acquisitions, insurance recovery and risk transfer, allocation and cost recovery, and environmental mass and toxic tort. He has a B.A. degree in the biological/biomedical sciences from the University of Vermont, and B.E. and M.E. degrees from the Thayer School of Engineering at Dartmouth College. He is a licensed professional engineer, and a registered patent agent with the U.S. Patent and Trademark Office.

Robert P. Firriolo (Co-author of Chapter 14) is a Partner in the New York office of Boutin & Altieri, P.L.L.C. He practices in the area of litigation with concentrations in commercial, insurance, and environmental matters. Mr. Firriolo has handled numerous matters through trials and appeals involving environmental, health hazard, and product liability claims against utility, oil, petrochemical, pharmaceutical, manufacturing, retailing, and mining companies. He also has handled a variety of complex commercial disputes involving insurers, policyholders, contractors, consultants, manufacturers, small businesses, and real estate owners. He currently handles a broad range of complex civil litigation matters for clients across the United States and abroad. Prior to practicing law, Mr. Firriolo was an environmental engineer and project manager for the New York City Department of Environmental Protection. He received a B.S. degree from The Cooper Union School of Engineering and a J.D. degree from Brooklyn Law School.
 

Rodney A. Malpert is a partner at Fragomen, Del Rey, Bernsen & Loewy, LLP in Phoenix, Arizona. He is an adjunct professor of Business Immigration Law at Arizona State University Law School, and for many years taught Immigration Law at Southern Methodist University Law School. Mr. Malpert has been on the Board of Directors of the American Council on International Personnel. He has also been an active lobbyist for business immigration reform and is frequently sought by media for commentary. Mr. Malpert is a frequent speaker at conferences throughout the world. He appears in Who’s Who Legal: The International Who’s Who of Corporate Immigration Lawyers. He is a 1986 graduate of Cornell University Law School and has an M.A. in Government from Cornell. Mr. Malpert is co-author, with Amanda Thompson and Marketa Lindt, of Business Immigration Law: Forms and Filings, also published by Law Journal Press.