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Happy Eid al-Fitr
Jun 15, 2018 12:01 PMJHI wishes our many friends in the Muslim world a happy Eid al-Fitr. We hope you enjoy celebrating the spiritual, intellectual and human growth you and your families achieved during the month of Ramadan.We would also like to advise clients and friends who do not observe this holiday that, this year, the Eid holiday largely falls on a weekend in many jurisdictions (with certain exceptions such as, for example, public sector employees in Saudi Arabia, who will resume work on Sunday, June 24). Therefore, the ordinarily-expected office closures that customarily occur throughout the Middle East region during the holiday (particularly in the private sector), including JHI's Jeddah, Saudi Arabia office & other resources in the United Arab Emirates, should not cause a significant interruption of business activities this year.
Ramadan Mubarak
May 17, 2018 11:05 AMTo all of our friends around the world who observe the Holy Month of Ramadan, we at JHI hope that you and your families enjoy a meaningful period of fasting, reflection and prayer. Those living and working in the Middle East, in particular, are experiencing historic - sometimes exciting, sometimes challenging - events that may well rapidly change the face of their entire region of the world. Looking ahead into the unknown can feel somewhat daunting. May your loved ones take the opportunity of this holiday to grow closer to each other, your neighbors, the less fortunate and the whole of humanity.We wish you good health & great prosperity in the year ahead. Ramadan Mubarak!
EB-5 (Investor) Visas
Feb 16, 2018 2:50 PMWith possible changes to US immigration law on the horizon, aspiring immigrants to the Land of Liberty may have a feeling of uncertainty at present. A tightening of legal immigration may be part of a deal in Washington, DC designed to address illegal immigration.It is impossible at the time of this writing to know exactly how immigration law will change, or if it will actually change at all. But, we do know of one immigration law that already meets the requirements of the US President, as publicly expressed during negotiations thus far, with a program that uses merit-based criteria and which provides economic growth: the law authorizing the issuance of EB-5 Visas to Foreign Investors.Under the law, Foreign Investors who invest a minimum amount of capital in such a way as to create and/ or maintain ten or more US jobs have the opportunity to apply for a Green Card through the facility of the EB-5 Visa program. The minimum level of capital the Foreign Investor has to commit is determined by the classification of the targeted region of the investment itself.
Participating in the resurgence of the greatest economy on earth while pursuing a credible opportunity to secure permanent residency status for you and your immediate family seems a double-win. The economic growth it generates while providing entry to entrepreneurial immigrants with substantial resources of their own would certainly seem to be good for America as well.If you are interested in investing in the US economy (either directly or through a reputable Approved Regional Processing Center) and seeking a Green Card, contact JHI today for more information on the EB-5 (Investor) Visa program -- firstname.lastname@example.com offices in New York, NY & Jeddah, Saudi Arabia; and, additional on-the-ground resources available in the UAE, India and Singapore, JHI is in an ideal position to be of assistance and we will be happy to help.
Happy Holidays!
Dec 19, 2017 6:30 PMThe Law Firm of JASON HUF INTERNATIONAL, pc (JHI) will close the doors of its New York HQ Office for the "High Holidays" of Christmas and New Year's Day starting Thursday, December 21, 2017 at 5:00pm.JHI will resume regular business hours on Tuesday, January 2, 2018. As usual, office visits in 2018 will be by Appointment Only.During the Holiday Season, the Jeddah, Saudi Arabia office and the Khalil Khazinar Law Firm will remain open. In the event of an urgent matter arising during the High Holidays, Mr. Huf can be reached directly by e-mail.From everyone at JHI, Merry Christmas!! And best wishes for a happy, healthy and prosperous New Year!
With a New VAT, is the UAE Still the "Place to Be"?
Dec 14, 2017 6:28 PMCommensurate with its Gulf Cooperation Council (GCC) obligations, the United Arab Emirates (UAE) will fully-implement the Federal-level imposition of a Value Added Tax (VAT) of 5% on most goods and services, and associated registration and reporting requirements, along with Excise Taxes on certain goods (50% on "fizzy drinks" & 100% on energy drinks and tobacco products), effective January 1, 2018.
Some industries are exempt from responsibility for VAT by statute, such as certain transportation services and basic healthcare providers. Real estate transactions within the first three years (thus far) of the law's enforcement are also exempt from VAT in the UAE.
Companies doing business in any of the Emirates who are not in an exempted industry and whose turnover exceeds the statutory threshold (AED 375,000 over a period of 12 months) were required to register for VAT by December 4, 2017, or face a penalty. In future, companies whose turnover does not yet exceed the statutory threshold will have to become compliant within one month of achieveing such turnover during a 12 month period. Companies who are not yet required to register and report for VAT may apply to do so voluntarily, provided their 12 month turnover exceeds AED 175,500. If a company anticipates exceeding the mandatory threshold in the future, then voluntary registration may be advisable so that a future 30 day deadline will not present potential difficulties.
Initial estimates are that approximately 350,000 companies will have registered for VAT in the UAE by the statutorily stipulated date. An exact figure is not yet available.
Reporting/ filing of returns will be performed on a quarterly basis. This may precipitate retaining Registered Tax Agents (and, JHI recommends that reporting companies retain such professional services).Naturally, being a new law, regulations, clarifications and other factors affecting implementation of and compliance with the new laws (UAE Federal Laws 7, 8 & 13 of 2017) remain subject to change at this stage. The UAE Ministry of Finance provides this page to provide basic information, timely updates and a starting point for researching and tracking the new tax regime:https://www.mof.gov.ae/En/budget/Pages/VATQuestions.aspx
One issue that begs for near-term clarification is the question of taxability of Free Zone entities. At the time of this writing, the responsibility for actual payment of VAT by entities established in Free Zones, including "Financial Free Zones" (such as the Dubai International Financial Centre, or DIFC; or, the Abu Dhabi Global Market, or ADGM), remains somewhat unclear. For example, following current guidance from the Federal Tax Authority (FTA), the agency with primary responsibility for the enforcement of VAT, such entities should be registered for VAT if their turnover exceeds the mandatory threshold. On the other hand, by Emiri decree (issued under a recent Constitutional provision), a 50 Year Tax Holiday has been established for the ADGM (measured from the effective date of the underlying law).
The UAE Cabinet has not yet issued its decision identifying any "Designated Zone" (wherein established entities may receive at least some partial or limited form of exemption from VAT) as the law empowers it to do, and the issue of responsibility for payment by companies in Financial Free Zones involves something of a Constitutional question. However, as stated above, it is hoped that additional clarifications may be issued by the relevant authorities in the near future. It is also worth noting that the FTA's determinations/ decisions can be challenged through the courts, provided there is a credible legal basis for such a challenge.
Being a brand new area of law, such gray areas are to be expected. The drafters of the new laws concerning VAT certainly seem to have expected this, as certain mechanisms - such as the ability to challenge FTA policy decisions in court - are built into the new tax regime to ensure transparency and fairness (important factors in any healthy business environment) as and when important issues are sorted.
Thinking more globally, one wonders what this may do to the famously business-friendly reputation the UAE has enjoyed for decades. After all, "the (tax-free) UAE is the Place to Be" in the Gulf region. JHI believes that the imposition of the VAT, in and of itself, will not severly impact the UAE's positive business environment.
The imposition of VAT is a GCC-wide program, agreed upon by the member states. The level of tax will be 5% across the board, and goods and services exempt from the tax will be similar almost to the point of being mirrored from jurisdiction to jurisdiction. Compliance steps and associated costs should be roughly equal in each of the member states. And, the timing of full VAT implementation in the member states should coincide (the Kingdom of Saudi Arabia, for example, is also introducing its new VAT in January of 2018). So, this should not significantly reduce the attractiveness of the UAE for investors, nor does it seem likely to impact the UAE's role as a gateway into the other GCC economies (such as Saudi Arabia - the largest economy in the GCC).
As a GCC member state, the UAE has agreed, and is obligated, to impose VAT. With recent fluctuations in the price of oil and the recent military build-up, in addition to the maintenance of basic services, additional revenues are needed to keep the national debt at a sustainable level.
The broadening of the UAE's economy in recent years has provided an opportune situation wherein the imposition of VAT (as opposed to other taxes and/ or fees) makes sense. On paper, it seems the best available method of helping to keep the UAE's fiscal ship steady. Although it will contribute an additional layer of expense onto the costs of living and doing business in the UAE, the UAE enforces no other tax and the compliance costs associated with the UAE's regulatory environment are among the least burdensome in the world. As to the pre-VAT cost of living and doing business in the UAE (such as real estate, some services and many goods), much of this is due to high demand brought about by a decades-long strong international interest in participating in the UAE market.
Further, the UAE, with a low-cost regulatory environment and a mere 5% VAT, seems poised to remain the gateway to one of the fastest growing regional economies in the world. JHI believes that for businesses who view the GCC as an attractive area for investment, the UAE will continue to flourish as a "starting-off" or set-up point for such investment, and at a time when the economies of the GCC may be poised for potentially explosive growth during a revolutionary time of profound reforms throughout the region, particularly in Kingdom of Saudi Arabia.
JHI will continue to monitor the situation, and track legal developments concerning the implementation of the VAT, in the UAE and throughout the GCC.(Mr. Huf gratefully acknowledges the contributions to this brief note by his good friend Sreekumar Radikrishnan of Goodwins Law Corporation's Abu Dhabi office. Mr. Huf calls Prof. Radhakrishnan his "top Go-To guy" in the UAE - especially on new tax matters: http://www.goodwinslaw.ae/about-us/our-team/sreekumar-radhakrishnan/
This website and its contents - taken in whole or in part - are a law firm advertisement. As with all other entries in the blog section of JHI's website, this article is intended to contribute to public discussion and is published for and distributed to a rather general audience. This article is not legal advice and should not be mistaken for such.
In the event legal advice is needed on the subject of VAT in the UAE, Mr. Huf & JHI will be happy to introduce and refer any such client to Prof. Radhakrishnan & Goodwins for his personal attention.
Finally, Mr. Huf also wishes to make clear that any opinions expressed herein are solely those of Jason Huf & JHI.)
Non-Billable Time Can Still Be Valuable Time
Oct 12, 2017 2:05 PM
By R. Jason Huf
When recollecting the uses of my spare time as I sat down to pen my previously promised piece on fully utilizing the summer months to achieve Work-Life Balance goals, I realized that a simple "How I Spent My Summer Vacation" article would be insufficient. During the summer, indeed throught 2017 thus far, I seemed to gravitate to leisure activities that were relaxing and - sometimes - valuable beyond taking a mere breather for myself.
So, I have instead decided to include something in this writing about how time taken to relax, though not billable, can still be valuable - to ourselves and others. Indirectly, a more relaxed you is likely to be of greater help to your client. But, beyond that, there are activites that are relaxing, interesting AND enriching to your profession and society more broadly.
After all, a desire to influence and shepherd positive change is at least part of the motivation that drove us - and still drives us - along our respective career paths, isn't it?
I have always been public-service minded. This is reflected in my legal practice, wherein certain investments, projects and other client matters have over time and in the aggregate served as a small piece of a small piece of the large, complicated puzzle of establishing a foundation for economic and social reform in Saudi Arabia and the larger Middle East (parenthetically, I am pleased to see that today's reforms are more sweeping and are being enacted much more quickly than I had anticipated, or even hoped).
Accordingly, I often find "relaxation" and satisfaction when I can make time for pursuits that have some intrinsic (but, not necessarily obvious) value to the larger world around me. Take, for example, a presentation hosted by Oxford University's North American office on Manar al-Athar and its efforts to catalogue ancient sites in the war-torn Levant so that they can be preserved or (in the event they have already been or are going to be destroyed by insidious groups like Daesh) restored after the shooting finally stops. When "endangered" cultures become lost civilizations, it degrades the whole of humanity. I encourage you to give this group's efforts a fair look. And, hey, wine was served...
(Sometimes, to your surprise, you may get to meet fabulous people like the one pictued here. Also pictured, standing next to this fabulous person, is a member of the Hashemite Royal Family... )
(Attorney Disclaimer: NOT an endorsement of JHI by HRH!)
Whatever your line of work, your position as a professional provides you with access. In addition to being present at the above-referenced presentation, I'm rather excited to say that I have accepted an invitation to join the New York City Bar Associations's Committee on Middle Eastern & North African Affairs (MENA Committee). Then again, the MENA Committee has a pretty robust agenda, so I may end up regretting this...
Kidding aside, there aren't too many bar association committees in New York, Pennsylvania or New Jersey (the jurisdictions where I am admitted to practice) that specifically focus on subject matter so closely aligned to my practice, so in addition to being recognized for my work after so many years in the field, I am actually looking forward to the (non-billable) work ahead.
Now, I'm not saying that all of your spare time needs to be "meaningful", only that the added element of being satisfyingly productive in some measure may add to the value of your relaxing uses of the downtime you manage to carve out of your busy schedule. Different people have different interests and run at different speeds. I may be someone who has yet to take a real "vacation" at any point in my life, but I do not dispute the notion that relaxation for relaxation's sake is absolutely fine.
For those of you who have the discipline to make the effort to force yourself to take a vacation, more power to you. For the rest of us its enough of an endeavor to find forms of refreshment that are somewhat more limited in scope. But, no worries - it ain't that tough. Really!
Again, Pennsylvania is one of the jurisdictions in which I am admitted to practice. On occassion, I travel to Philadelphia on business. When I know I'm to make the short drive into Philly, well, being a long-time Philadelphia Phillies fan (and, you cannot be a Phillies fan without being a an of baseball period - trust me on that one) I like to catch an evening game when they are playing at home. Why not? I'm a phan, its the thinking man's sport, Citizens Bank Park is a great ballpark and I love Dollar Dog Day.
Also, this past year, the NFL Draft was hosted there (great event, and Philly did a fantastic job of hosting); and, the Philadelphia Orchestra celebrated the works of Mozart not very long ago - as part of that celebration, there was an opportunity to see a showing of the film "Amadeus" (one of my favorites), with the orchestra providing a live sound track.
(NFL Draft - Philadelphia, Pa.)
Some things can be done spur of the moment, without planning, and can be done by almost anyone, especially in New York. Catching the recent solar eclipse without special glasses was easily done by using my phone - I perched it over my shoulder and recorded a brief video. Anyone who could walk to Battery Park (or any open space where the sun was at least partially blocked by the moon that afternoon) could have done the same thing. Many did.
https://www.youtube.com/watch?v=SpdAcRPtZ8Y (As you can see, the Firm's YouTube Channel is still in the "experimental" stage)
When I lived in Jeddah, Saudi Arabia years ago, I took up snorkeling on the weekends and fell in love with the Red Sea and the coral reef beneath its surface. Some folks encouraged me to take up diving, but diving is a great deal of work. If what I do for recreation is more work that what I do for a living, I have something of a philosophical problem with that...
My dog can be a great deal of work (and, don't get a dog unless you are honestly ready, willing and able to do all of the work associated with sharing your home with a dog), but she is without question the exception to the above-referenced rule. When it comes to time well-spent, I am hard-pressed to think of anything more rewarding and relaxing than walking my dog.
Sometimes, I'll just call it an early day at the office and go out. Its New York, man - hit the town. Fridays tend to be ideal: the Middle East is closed on Fridays and the West is in the process of shutting down for the weekend, with businesses in London generally closing by 12:00 noon, US Eastern time (though, I must be mindful of places in other time zones, such as Houston, Texas, which is an hour behind New York). And, naturally, your employees won't mind being able to knock off a little early before the weekend, or will they...
("Seriously, you can leave... ")
In any event, I find that making time for yourself and your favorite people (or, pets) is not impossible - it really boils down to time management. I have also found that taking the occasional, but regular, breather won't kill the bottom line, can make you better at your job and (depending on the activity at hand) may even have the potential to make the world a better place. And, I feel like a million dirhams.
(This is what a million dirhams looks like... )
So, even with the cold winds of winter coming, ready to whistle through the concrete canyons of downtown Manhattan (and I hate winter) - I'm going to continue to make time for me. Since returning to the United States several years ago, I have ordinarily gone into hybernation every winter (absent JHI's Annual Informal Holiday Gathering), but not this year.
Why work so hard in the first place? I don't live to work, I work to live (and, my work is pretty darned good anyway, if I do say so myself). So, I'll work as hard as I play, and play as hard as I work. Maybe you should, too? Whether its rubbing elbows with royalty from an ancient noble line, or having a beer or two with your cheeseburger during an extra-long lunch. Hey, whatever floats your boat.
The bottom line is this: You have an epic and fabulous career, so Live an EPIC and Fabulous Life. There is no point to doing anything else.
I decided against supplying the entire list of extra-curricular activites because if I did you'd still be reading this instead of engaging in your own leisure pursuits (if reading this little blog is one of your leisure pursuits, well, I'm flattered).
Oh, and we all have to get some work in once and a while, too. OK, now back to the grind... : )
– Jason Huf
Thursday, October 12, 2017
New York, NY
Eid Al Adha, Labor Day & Observance of the Anniversary of September 11
Aug 31, 2017 5:51 PMJHI wishes our many friends in the Muslim world a happy Eid Al Adha holiday. To those able to perform Hajj rites, congratulations. We would also like to advise clients and friends who do not observe this holiday to expect delays in certain services due to office closures - particularly banks and government offices - throughout the Middle East region during the holiday, which is scheduled to begin at sundown on Friday, September 1, 2017.In the United States, to all those who labor, have a happy Labor Day weekend. JHI will keep its doors closed until Tuesday, September 5. In the case of urgent matters, Mr. Huf will be available remotely during the weekend, including Monday, September 4.
JHI ordinarily issues bills for professional services rendered during the previous month on the first business day of the following month. However, for only the second time in the Firm's history thus far, we will issue August's invoices on the second business day of the month (in this instance, September 5).
[ Never Forget: Liberty ALWAYS Rises ]
Per Firm custom, at 5:00pm on Thursday, September 7, JHI's NYC HQ will close again, this time in observance of the anniversary of the September 11th terrorist attacks on our country. We will reopen our doors on Tuesday, September 12.On September 11, we honor and remember those loved ones and fellow countrymen lost to sudden and senseless evil. But, there is never a day wherein we forget.
The best way to honor them, especially in New York - the greatest city in the world, is to LIVE (in every sense of the word). To that end, coming soon, we will publish Mr. Huf's report on a productive and enjoyable summer (well, really, a very good year thus far it seems) as part of our Work-Life Balance series. This will be followed by a note on the famously "tax-free" United Arab Emirates' imposition of a tax scheme, including a Value Added Tax and certain Excise Taxes. We also plan, in the very near future, to introduce JHI's new Youtube channel; and, provide on update on EB-5 (Investor) Visas & legal services related to applications for such.
(Another day at the office... Exploring the Boundaries of Your Business)
Watch this space. In the meantime, whatever you are celebrating and/ or observing over the next two weeks as summer comes to a close, we hope that it is meaningful and that you and your families enjoy it.
Big Firm Resources Without the Massive Overhead
Aug 8, 2017 7:01 PM
By R. Jason Huf
Some of you may have obtained entry to the "Monastery" (as I've taken to calling my office) as and when business has required. However, for most of those reading this, I realize that I'm letting you in on a little secret: the advertised address of JHI's NYC HQ office is just a mail stop associated with a shared space & services operation on the 6th floor of good old 11 Broadway. To maintain my strict "No Pop-Ins" Policy, the exact location of the Firm Headquarters Office/ Monastery's actual physical presence is kept confidential, and that confidence is only breached when necessary.
Being able to advertise the mail stop as the office address, and the convenience of renting conference room space by the hour on the 6th floor, both enable me to concentrate on my work with minimal interruption. In addition to this "buffer", availing myself of the shared services when certain tasks need to be performed rather efficiently assists me with keeping costs down, which in turn contributes to my ability to maintaining hourly rates that are very competitive.
(As an old boss of mine used to say, "This is not the Fish Market"; but, with our competitive rates and innovative price structures, there may not be much need for you to bargain when seeking high-quality, world-class International Legal Services that your company can afford)
Perhaps most fundamentally to those of you (still) reading this piece, JHI can make available to your company the seamless provision of professional services spanning just about the entire legal prism, without having to figure massive overhead costs into our hourly rates (or more innovative billing arrangements). The outfit that runs the 6th floor operation only caters to attorneys, and many of these attorneys elect to house their firms and solo practices in physical office space on the site. Irrespective of the level of their arrangement, all who participate in some form or another are listed in a directory and, over time, some of us get to know each other reasonably well.
These attorneys practice in virtually every area of the law, and possess a variety of experience levels. In short, I have at my fingertips a storehouse of legal minds to draw upon, from commercial real estate specialists, to business litigators, to tax professionals - even a very smart fellow who focuses on energy trading. And, like myself, they tend to maintain a relatively unburdensome level of overhead costs, which in turn, permits them to be reasonable with their fees as well.
A few people still tend to think of my practice as rather narrow, until I dispell them of that illusion - JHI is a Commercial, Corporate, Energy & Banking law firm and we perform a wide range of services for clients hailing from a broad variety of industries. We just happen to have extensive experience in the Middle East, which may occassionally give rise to some folks instinctively thinking of JHI as a boutique servicing a particular "specialty" area. However, JHI's capabilities are even broader than I previously reasoned:
Between the NYC HQ, our Jeddah, Saudi Arabia Office, additional reources in the UAE (Abu Dhabi & Dubai) and access to Singapore and various major cities in India, JHI as a Brand is known as a capable provider of professional services in the Middle East and South Asia, ranging from company formation to arbitration, for those who have invested - or are looking to invest - in those regions in the world.
What JHI is not (yet) necessarily known for is our ability to assist businesses based in the Middle East and elsewhere with their expansion into the US "mega-market". Whether you are an individual foreign investor entering through the EB-5 Visa process, or a family-owned conglomerate of businesses looking to invest in US real estate, or a publicly traded company in Riyadh entering a joint venture, or a participant in the new US public-private partnerships designed to reform the nation's infrastructure, JHI is well-placed to help get you started as well as protect your US-side business interests down the road.
We have access to an entire network of intellectual assets encompassing a variety of practice areas ordinarily comanded only by big law firms, without having to factor "big firm" overhead into our fees. So, when investing from West to East, or East to West, consider the cost-effective but powerful option of contacting JHI for your legal needs.
Feel the difference and put our NYC HQ and affiliated Community of Attorneys to work for you in concert with our Jeddah office and/ or resources in the UAE, India & Singapore (wherever you're from!) as we help you and your company Explore the Boundaries of Your Business.
– Jason Huf
Wednesday, August 8, 2017
New York, NY
Happy Eid al-Fitr
Jun 23, 2017 11:40 AMJHI wishes our many friends in the Muslim world a happy Eid al-Fitr. We hope you enjoy the celebration of the spiritual, intellectual and human growth you and your families achieved during the month of Ramadan.We would also like to advise clients and friends who do not observe this holiday to expect office closures throughout the Middle East region, including JHI resources in Saudi Arabia & the United Arab Emirates, during the holiday.
Saudi Arabia's "Companies Law" of 2015
Jun 9, 2017 1:34 PMSaudi Arabia's (KSA) new Companies Law of 2015 came into effect on May 2, 2016. At JHI, we wished to see the new law in practice and how it would be enforced by Saudi authorities before commenting. In the meantime, much has already been written about the new law and we need not cover the same ground here.Of particular interest to clients and potential clients of JHI is, we believe, the law's provision of the option of Sole Proprietorships (or "Single-Shareholder" companies), and how applications for the licensing and registration of such by foreign investors are treated by the Ministry of Commerce and Investment and the Saudi Arabian General Investment Authority (SAGIA).As a general matter, the new law provides that SAGIA may continue to impose additionally stringent incorporation requirements on companies being established with the backing of foreign investors. While the process of approving incorporation applications has been somewhat streamlined at SAGIA, a certain level of uncertainty, especially at the beginning stages of such an application, remains.When considering establishing or reforming an entity in the KSA, JHI feels that if a foreign investor has a trustworthy local partner/ agent (or "sponsor") then, for the time being, it may remain prudent to make use of such local parties when doing business in the Kingdom. In addition to possibly enjoying a smoother approval process, one might avoid any potential bureaucratic pushback by some recalcitrant officials who may still be resistant to the Vision 2030 reforms more generally.The relationship with one's local sponsor can be further clarified via a side letter to the sponsorship agreement. Such sideletters have been enforced by Saudi courts with increasing regularity. And, JHI hopes that the provision for Single-Shareholder companies in the new Companies Law is not seen by the local judiciary as a rationale for reversing this trend.We will have more to say about the execution and enforement of the new Companies Law and other reforms as events (rapidly) progress. Speaking of events, recent news indicates a very real likelihood of a shift in the direction of investment capital flowing between the Untied States and the Kingdom of Saudi Arabia.Where the Riyals of the Sovereign Wealth Fund go, other Saudi-based investment capital tends to follow. With that in mind, JHI is seriously considering offering the shepherding of EB-5 (Investor) Visa applications to the menu of professional services our firm offers to incoming companies that invest in the United States, particularly New York, Pennsylvania and/ or New Jersey, where Mr. Huf is admitted to bar. JHI will have more to say on this in the near future as well.
Happy Memorial Day & Ramadan Mubarak
May 26, 2017 1:15 PMIn the United States, we set aside one day to remember those who have fallen in war, defending our freedoms. But, there isn't a single day wherein we forget. We hope that you and yours enjoy the holiday weekend, and that we all take a little time to say a prayer of rememberance and gratitude for our fallen heroes and their families this Memorial Day.
We all die, the only variables are where, when and how - and, sometimes, why. They may be gone, but our war dead are never lost. These soldiers, sailors, airmen & marines are forever in our hearts.
To all of our friends around the world who observe the Holy Month of Ramadan, we at JHI hope that you and your families enjoy a meaningful period of dedication to fasting, reflection and prayer during this period of tremendous changes throughout the Middle East. May your loved ones take this holiday as an opportunity grow closer to each other, your neighbors, the less fortunate and the whole of humanity.We wish you good health in the year ahead. Ramadan Mubarak!
A "21st Century" Saudi Arabia
Feb 9, 2017 7:12 PM
Near the close of 2016, while the West was focused on the High Holidays, a new American President and the NFL Post-Season that would culminate in a historic Super Bowl LI, the government of Saudi Arabia (KSA) leapt into the 21st Century - literally.
Under the direction of Deputy Crown Prince Mohammed bin Salman, with the full support of his father King Salman, the Saudi Government officially abandoned the Hijri Calendar (the Islamic, lunar calendar which begins with the Prophet Mohammed's trek from Mecca to Medina and the establishment of the first-ever Islamic state), and has adpoted the "Gregorian" calendar (named after Pope Gregory XIII, the solar calendar predominantly used as the civil calendar in the West and elsewhere, which begins one week following the Roman church's, and the day of the Eastern Orthodox churches', traditionally espoused birth of Jesus Christ; the civil calendar used in the West arbitrarily measures months as being either 28/29, 30 or 31 days in length).
Initially functioning as a budget cutting measure, with government employees receiving the same monthly salaries while working an additional eleven (11) days of the year, its the eternal questions of "what next?" that holds the world's attention as those with commercial ties to the KSA wait the other shoe(s) to drop. What are the other consequences, both intended and unintended, of the Saudi government's adherence to this new calendar? How, if at all, will this impact governance and/ or commerce in the Kingdom?
Saudi Arabia is, and was founded to be, an Islamic state. Its Constitution is the Quran. The change from a calendar that is dear to their faith and which honors the pilgrimage of their holiest and most revered prophet, to a calendar created by a Roman military dictator and revised by a Catholic Pontiff is, in and of itself, revolutionary.
For now, its impact is seen strictly as a government austerity measure. Nonetheless, and predictably, the more conservative elements of Saudi society, including the clerics with whom the King shares and exercises power, are resisting this particular change. They presently appear to center their resistance around their concern that the masses will not adhere as faithfully as they have in the past to the holy month of Ramadan (which, like all months in the Hijri calendar, is measured by the lunar cycle).JHI is confident that good muslims will adhere to Ramadan, just as good christians adhere to Easter, the date of which is determined by the advent of the Jewish observance of the Passover holiday (the Jewish calendar measures months by lunar cycles, occasionally adding a month to make up the discrepancy in days between 12 lunar months and one solar year; thus, while Passover - and the subsequent Christian Easter - are celebrated on the same days of year, every year, on the Jewish calendar, they are celebrated at different times of the year on the civil, or "Gregorian", calendar).
Neverless, acquiescence to the Saudi government's new calendar will not occur overnight. As conservative elements tend to dominate the judiciary, and are well-ensconced in the various levels of the bureaucracy in the KSA, JHI feels that for the time being it remains prudent to continue to use language referencing the "Gregorian" calendar as controlling in the boilerplate of contracts and other documents pertaining to business in the Kindgdom of Saudi Arabia - including and especially those documents related to participation in government projects, whether as a contractor or sub-contractor.
JHI will continue to follow the evolution of this particular change, and other developments related to the Vision 2030 reforms, as the Deputy Crown Prince pulls his country into the 21st Century - both metaphorically and literally.
"A Day in Riyadh": An Exhibition of History, Culture, Modernization & Reformation
Dec 19, 2016 2:36 PM
During the last week of September, immediately following the opening of the United Nations (UN) General Assembly in New York, a series of seminars, workshops and interactive displays collectively coined "A Day in Riyadh" was showcased at the UN. This week-long "Riyadh Day" was sponsored by the High Commission for the Development of Arriyadh (Riyadh), and particularly featured the ongoing work of the Arriyadh (Riyadh) Development Authority (ADA). As a Representative (Observer) for a Non-Governmental Organization (NGO) to the UN, and an attorney with an office in Saudi Arabia, Mr. Huf, Principal of JHI, was pleased and excited to attend.
Focused on the capital city of Saudi Arabia (KSA, or the Kingdom) and the governate (province) of Riyadh, the series of presentations covered subjects relevant to the economy, culture, commerce and development of the entire Kingdom, and the Arab and Islamic worlds more generally.
Of particular interest to those who follow this space will be the planned reformation of Riyadh's transportation system which, if fully executed, may be the single-largest public works project on earth during the period of construction. However, we will list all of the subjects covered by the panel presentations at the UN between September 27 - 30, to provide a broad look at the planned continued development of Riyadh (one of the chief purposes of the conference) which, in turn, may give us a better view of the Kingdom-wide social and economic reforms known as Saudi Arabia's "Vision 2030".
9/27 "Riyadh: Planning for People" - the overall City Plan (by 2030) moving forward, including details on Riyadh's new "Smart City" initiative.
9/28 "Riyadh: A Sustainable & People-Friendly City" - details concerning the Sustainable Development of Riyadh.
9/29 "Riyadh: On the Move" - The King Abdulaziz Project for Riyadh Public Transport.
9/30 "Riyadh: Development of Civilization and Social Partnership" - Plans for the continued social, economic and intellectual development of the city's population in line with Islamic principles and the traditions of Arabia, particularly youth and especially young women, empowering them to take a more active role in the growth of the city and the future of the Kingdom as a whole.
(Jason Huf and Dr. Sana Alorf. Dr. Sana is extraordinary, but not unique. She is a medical doctor working in Riyadh who also participates in many charitable and civic endeavors. She volunteered, along with many other young Saudis, to travel to New York and talk about their culture, heritage and way of life in side bars at the exhibition. Many ladies are taking up professions [including and increasingly fields such as law, medicine and science], starting businesses and participating in life outside their homes in the Kingdom. Dr. Sana has a wealth of information that dispells many of the illusions concerning Saudi society and highlights the progress Saudi women have made - and continue to make.)
The public transortation project, scheduled for completion in 2018, is a massive affair that could revolutionize life in Riyadh. In addition to a new bus service, the project includes the construction of a commuter railway (Riyadh Metro) with six lines, dozens of stations, a main terminal for each line, and services areas at each stop, including large-scale shopping complexes at each of the main terminals. Anticipating use by roughly 3.6 million residents daily, over 3,000 transport stands will be constructed to accomodate waiting commuters.
With billions of Saudi Riyals being invested into the project, and given the rather brief time frame, this will generate a labor boom in the capital for qualified Saudis and expatriates. Mr. Huf asked Eng. Hassan Al Musa, Deputy Director of the Transport Planning Department of the High Commission for the Development of Riyadh, if resources had been allocated to process what should be a substantial spike in Visa applications. Potential contractors and subcontractors will be interested to know that the Deputy Director responded that his office is in touch with the Ministry of Labor on a regular basis as they set up for this contingency. So long as employers comply with their filing requirements, he said, there should be no delays in the project caused by a labor shortage brought about by paperwork backlogs.
(Eng. Hassan Al Musa and Jason Huf. Mr. Huf found him to be capable, earnest and modest. Although entrusted with day-to-day management of a massive public works project that progresses under a tight schedule, he always gives credit to others, refering to his "Army" of dedicated public servants. "That makes you a General", responded Mr. Huf, who later added, "Eng. Hassan is a nice guy".)
In addition to the lifestyle transformation and relief of traffic congestion that will take place once this project is complete, young Saudis who are lacking in resources such as cars of their own will be able to much more easily venture beyond the confines of their own neighborhoods to look for satisfying work and important educational opportunities. And, everyone who lives in Riyadh should enjoy the benefit of cleaner air arising from fewer cars on the highways.
The entire program provided a window through which one could sample Saudi Arabia's Vision 2030, the rapid modernization and other wide-ranging reforms ordered by King Salman and spearheaded by Deputy Crown Prince Mohammed bin Salman, with the aim of guiding a modern but authentically Islamic Saudi Arabia that remains true to its people's history and traditions into a future "Post-Oil" economy.
These reforms include the KSA's Sustainable Development program, which closely follows the UN's Sustainable Development Goals while keeping in conformity with Kingdom's Islamic principles; increased opportunities for youth & women; and, Saudi Arabia's nuclear power program.
At JHI, we have offered our own modest suggestions for the shaping of such sweeping reforms, with an emphasis on attracting increased Foreign Direct Investment in the Saudi market.
With an incoming US Administration that seems keen on utilizing America's energy resources; and, (if feasible) working with Russia to defeat ISIS (which, in addition to commiting henious atrocities, has been fighting forces led directly or indirectly by the Iranians), some may see such investment from the West as slow in coming, and the KSA's reception of it to be less-than-enthusiastic.
Seen by some as signalling potential push-back against the further development of US energy resources and other recent or possible future policy changes, Prince Alaweed bin Talal of Kingdom Holding Company (Saudi Arabia's soverign investment apparatus) suggested selling holdings previously classified "not sellable" (such as shares in Citi Group and US Treasury bonds), which would be a divorce from Saudi Arabia's long-standing policy of having "buy-ins" in important American economic institutions and, thus, the American economy - effectively giving the US a stake in the KSA's existence and continued success.
Noises concerning such potential push-back seem unlikely to stem the increased exploitation of US energy resources (another dip in the price of oil, for example, would seem more likely to give pause to an increase in US production). And, the US-Saudi alliance of over seven decades, while fraying a bit over the last several years, should remain rather tightly tethered: after ISIS is destroyed, a check on Iranian ambition will have been eliminated, and the US and the KSA will more clearly and simply share strong interests in containing Iran and managing increasingly complicated relationships with Russia.
In fact, the strong relationships the KSA enjoys with the West, the interest Western countries have in seeing the continued modernization of Arab states, and Western companies' keen eye to continue - and, possibly increase - their investments in the Gulf region were reinforced recently by UK Prime Minister Theresa May in her mid-December visit to the Gulf Cooperation Council summit in Bahrain.
Pending changes to the Kingdom's commercial and corporate laws, which continue to be rolled out, and given at least one or two geopolitical uncertainties, JHI presently and on the whole views it likely that the environment for Foreign Investors will become even more attractive as the Vision 2030 reforms are implemented in the KSA. As to the Great Social & Economic Reformation of the Kingdom known as "Saudi Arabia's Vision 2030", Mr. Huf doesn't think its on par with the Maji Restoration (the radical transformation experienced in Japan during the late 19th century), but he does see it as the most significant series of reforms in the history of the KSA since the reign of King Faisal (perhaps in the Kingdom's entire history - we'll see) and the most positive collection of developments to take place in the Arab world thus far in this new, turbulent 21st century - and, he certainly viewed the exhibition at the UN positively.
Huf Witnesses Major Changes at the UN
Nov 4, 2016 2:36 PMDuring 2016, Mr. Huf had the opportunity to meet with both the Secretary-General of the United Nations (UN) and the President of the UN General Assembly for the 2015-16 term. As a Representative (Observer) to the UN on behalf of the New York County Lawyers' Association (NYCLA), a recognized Non-Governmental Organization (NGO), Mr. Huf took a keen interest in what they had to say.
(Left to Right: H.E. Ban Ki-moon, Secretary-General of the United Nations; and, Jason Huf)
Nearing the end of his second term, UN Secretary-General Ban Ki-moon has been very earnest in showcasing and attempting to make effective his crowning accomplishment: the UN Sustainable Development Treaty (the Treaty), which garnered a record number of member states joining as signatories.In April, the Secretary-General reached out to the private sector, in particular the US Legal Community in New York City, to see what they could do to help promote and ensure the success of the UN's Sustainable Development Goals (SDGs), which are embodied in the Treaty (for more on the SDGs specifically, we invite you to peruse www.un.org).While the underlying purpose of the SDGs is noble (after all, who doesn't like clean air & water, equal rights, rule of law and the like), as lawyers we are limited to providing our corporate clients with legal advice, not business or public relations advice. We can only advise our clients on how to be compliant with the laws and regulations of the relevant jurisdiction(s). If a client were to invest in, say, Saudi Arabia (KSA) in such a manner that it promotes gender equality in that market, it may be a terrific selling point - but, that's a PR decision, not a legal requirement.We will discuss gender equality and other relevant issues in the KSA when providing JHI's write-up on Mr. Huf's attendance at and observations of the week-long "Riyadh Day" presentations at the UN. As to the promotion and enforcement of the SDG's, it really is up to the signatories to pass executing legislation before attorneys can advise on how to comply with such provisions. And let's face it, only government can concentrate the resources and power necessary to execute such sweeping and extensive changes.The odds of that happening really have to be measured on a state-by-state basis. As to the Western states, Mr. Huf points out that in politics there is an ebb and flow, with a pendulum that swings right and left, and the present trend appears to be one wherein Western countries are electing more conservative, business-friendly governments. If Mr. Huf is correct, then issues such as combating "climate change", for example, will (for the time being at least) take a back seat to pro-energy policies that are likely to be adopted by such governments.Irrespective of what one thinks of the feasibility of accomplishing the SDGs by the target date of 2030, no one should doubt the Secretary-General's sincerity in wanting these goals to be accomplished, or what he views as the UN's power to shepherd such change. Mr. Huf found His Excellency's sincerity, passion and enthusiasm to be obvious in that he wears it on his sleeve. He also thinks it obvious that the Secretary-General is highly intelligent, exceedingly accomplished, and a very nice man.Its a remarkable life story, really. From UN Refugee to UN Secretary-General: finding himself to be a UN refugee at age 6 with the outbreak of the Korean War, to becoming an advocate for lasting peace as the Republic of Korea's (South Korea's) Foreign Minister, to being Secretary-General of the international body that once shielded him and his family as young refugee, he proudly says "I am a UN Boy".
(Left to Right: Morgens Lykketoft (Denmark), then-President of the United Nations General Assembly; and, Jason Huf)
On the subject of choosing his successor as Secretary-General, Mr. Huf had the pleasure of meeting Mr. Morgens Lykketoft, formerly the Finance Minister of Denmark who, until this September, served as President of the UN General Assembly.Mr. Lykketoft provided an overview of changes to the selection process. Perhaps the most fundamental innovation is the vetting of candidates by member states that occurs prior to the vote taken by the Security Council members.Whereas in past years the entire process of selecting a Secretary-General was dominated by the "Big Five" (the permanent Security Council members: the United States, Russia, China, the United Kingdom & France), candidates for their consideration are now first reviewed, narrowed down and subsequently voted upon by the General Assembly.The Security Council is not bound by any recommendation made or preference expressed by the General Assembly; however, to elect a candidate that was not considered favorably by the General Assembly would be to risk a divide between the Secretariat (the executive wing and permanent bureaucracy of the UN, which the Secretary-General heads) and the member states themselves (upon which the very legitimacy of the UN relies).On the other hand, this increased, more hands-on role by the member states and the General Assembly as a whole could provide for greater transparency in the selection process and, when heeded by the Security Council, may lead to greater consensus between the General Assemby and Secretariat.This year, the revised process produced the election of Antonio Guterres, former Prime Minister of Portugal who once served as the UN High Commissioner for Refugees. He will take over the office of Secretary-General in January of 2017.In addition to achieving the SDG's, Mr. Guterres's efforts are promised to be focused on continued reform of the UN bureaucracy; continued streamlining, expansion and enhancement of refugee assistance; and, very prominently, an aggressive new "surge" in diplomacy for peace - an intensification in seeking resolution to the wide proliferation of conflicts around the world, especially those conflicts that have led to several severe refugee crises currently plaguing humankind globally.JHI congratulates Mr. Guterres on his election after a months-long campaign that included a rigorous review process resulting in consensus in both the General Assembly and (somewhat remarkably) the Security Council as well; and, cautions: careful what you wish for, sir - because now you've got it.The retiring Secretary-General Ban Ki-moon, even after all of his success in his position at an institution he has loved and revered since childhood, nonetheless seems very happy to return home to Seoul after 10 rewarding - but long - years. JHI congratulates him as well, and thanks him for his service. We hope His Excellency enjoys a well-earned retirement after a long, but safe, journey home.
Continuing Legal Education (CLE) in 2016
Oct 21, 2016 2:54 PMIn April of 2016, Mr. Huf was honored to serve as Moderator of two different panel programs offered by the New York County Lawyers' Association (NYCLA). The first program was a Continuing Legal Education (CLE) course concerning the Foreign Corrupt Practices Act (FCPA/ the Act), the second offered Ethics Credit and concerned Attorney "Branding" & conforming with the Rules of Professional Responsibility.The CLE panel on the FCPA discussed the increasingly broad and robust enforcement of the Act, and the implications for Corporations that do business internationally, as well as its responsible officers and the potential for individual liability/ culpability. The panelists not only discussed what to do in the event of an FCPA problem, but their thoughts on how to avoid such problems in the first place - now and in the future as the law evolves.
(Left to Right: Jason Huf; Jay G. Safer, Wollmuth, Maher & Deutsch; Glenn Jones, Law Offices of Glenn M. Jones; James McGovern, Hogan Lovells; Clara Flebus, Co-Chair, NYCLA Foreign & International Law Committee)The Branding panel provided an overview of marketing methods and the why and how of establishing a "Brand" - the "dos and the don'ts". (Mr. Huf notes that he still has to establish a Youtube page for his firm, JHI!) The panel also discussed how to plan and execute a marketing program that does not run afoul of the Rules of Professional Responsibility and agreed that, in addition to being every attorney's responsibility, being Ethical should, in fact, be a fundamental part of an attorney's Brand.The Rules of Professional Responsibility tend to follow changes in technology, and developing technologies are an important driver in the evolution of legal marketing programs. Accordingly, the panel also discussed trends and the direction the Rules of Ethics might possibly take, including recent recommendations by NYCLA, as rule-makers chase after these rapidly-developing technologies and the ethical implications of their use.
(Left to Right: Clara Flebus; Penn Dodson, AndersonDodson; Richard Brownell; James Q. Walker, Richards, Kibbe & Orbe, and Chairman of NYCLA's Committee on Professional Ethics; Stephen Perih, TransPerfect; Jason Huf)As Co-Chairman of NYCLA's Foreign & International Law Committee, Mr. Huf proudly notes that NYCLA constantly offers interesting, relevant and forward-looking CLE programs and other valuable forums for continued learning on a regular basis; and, states that consumers of such programs can look forward to the steady provision of additional thoughtful and cost-effective programs now and in the future. For more information on NYCLA's CLE offerings, please visit www.nycla.orgMr. Huf will, of course, continue to advise friends and colleagues of CLE programs and other speaking engagements wherein he is a participant in 2017 as the new year approaches.
Meh, So What's an Entire Summer Wasted... No Biggie
Oct 12, 2016 2:38 PMBy R. Jason Huf
You know why you went to law school in the first place: You wanted to help people, change the world, "make a difference", be part of the solution... to whatever. Yeah, and you wanted to live a glorious, fabulous lifestyle at the top of the heap, respected by society and basking in financial comfort. What, no? Liar.When you finally graduated and passed the bar exam, your new professional qualification represented to you - at long last - the Keys to the Kingdom!
OK, so how's that workin' out for ya?
Now that I'm exactly one week into my latest attempt to quit smoking, and as the cold wind howls off the waters of the South Seaport and into the concrete canyons of Downtown Manhattan's Financial District, signaling the evaporation of yet another summer, I reasoned that penning my previously-promised piece on Work/ Life Balance would be timely.
(The cold wind cometh... )
You've devoted the first "better" half of your life to developing, well, a better life for you and yours.
Late nights at the office during the beginning of your career - part of the drill. No biggie.
More late nights managing junior fee earners once you become more seasoned - part of the drill, and "almost there". No biggie.
You're now a partner or solo practitioner and the near-constant focus is on client development; or a GC who is a company's responsible officer with a hand in everything from strategic decisions to managing the costs of outside counsel while demonstrating value for those costs; "sigh" - part of the drill, once the rain comes in steady, or I make it to the board of directors, its smooth sailing. No biggie.
Then... You've made it! Finally!! You're also 60 years old. Its over... Where did the time go and what was it for? It doesn't matter. Bye-bye. Oh yeah, and: No Biggie.
(No, my office doesn't look like this, either... )
Time is the one resource we can never obtain more of - only less. Every day. Whether we actually make good (or, any) use of it or not.
And, particularly with lawyers, once we become good at something in our field - whatever your practice areas - those things tend to become routine. Eventually, routine becomes routine. We go through the motions, the excitement of "changing the world" goes away, and its the same old same old that one cannot get away from for even the smallest amount of time, because we've got to do that billable work so we can pay those bills. Joy.
("Seriously, I went to law school for this?")
I worked for years to build my reputation as "Mr. Middle East". However, there are no more revolutionary Shari'ah-compliant financing products to help invent, no more reforms to educational systems in different parts of Arabia. Doing client work that, in some small way, may someday help to generate a broad-based, self-sustaining middle class in the Middle East is more or less over with. Moving forward, whatever happens there is pretty much already in the cards. All too often, I arrive home at 1:00am or so, pet my dog, and think of something along the lines of "Another fast food franchise on Hamdan Street... " or "Another oil refinery in the middle of some dusty nowhere... " followed by the usual "Yay. Who cares."
That's not good. A steady supply of "Bread and Butter" is nice to have, but when its all you have, things can get pretty damned dull. When we get to the point when our work day is up to 16 or even 20 hours a day some days, 5 or 6 days per week, and we no longer care about what we're doing, much less have a passion for it, then this invariably leads to the most dreaded word in the legal lexicon. The "B Word"...BURNOUT!!!
Like many in our profession, I've always been something of a minor league insomniac, so why not work late into the night, anyway? I've done some of my best thinking at 10:00pm. Of course, this means I won't be able to decompress to the point where I can sleep until 3:00am, and that's not good when you have to wake up at 6:00am.
Professional and personal dissatisfaction, as well as chronic exhaustion and "no life syndrome", are common among lawyers. And, there's no way out: you've already invested too much into your career, and your life (or, mere existence, such as it may be) is already half over anyway.
Not necessarily! The good news is, if you're good at your job, your success partially stems from your possession of excellent time management skills and your adept ability to prioritize tasks. Put those skills to work and carve out some free time - make "having a life" one of those tasks which you prioritize on a regular (well OK - semi-regular) basis.
(R&R - fit in in!)
We are in the business of being effective counselors who help our clients, be they individual or corporate clients. If you're not being good to yourself, its only a matter of time before you're not being as good as you could and should be for your clients.
I began this summer thinking it was time for "Mr. Middle East" to make full use of his time and status (OK, "Mr. Middle East" may not be lofty to the point of august, but it is kind of snazzy... ). And, then, I proceeded to more or less waste my entire summer. So, what's one summer? No biggie.... Wrong. Its a "biggie". Given my visceral dislike of winter, its effectively the waste of an entire year. Enjoying anything in the cold, wet, sharp, biting wind of the winter months takes considerable effort - and, anything that requires so much effort to "enjoy" is, definitionally, unenjoyable.
At my age, a year's worth of waste is waste I can ill-afford. I will never permit that to happen again - and, neither should you.
Necessary late nights will happen. That cannot be helped. But, working late for the mere sake of making "valuable" use of your waking hours misses the real value of time.
You - and your clients - can withstand you taking an evening, or even an entire day, off. Working from home once in a while isn't the end of the world, either. Trimming that commute time off of your schedule can make a heck of a difference, and technology makes working from home easier than ever.
In managing your time and prioritizing your tasks to make room for an actual "life", don't just take advantage of good weather as and when the seasons of the year allow, but make the most of the location where you are based: whether you've planted your flag in New York, Philadelphia, London, Jeddah, Abu Dhabi, Tampa, Florida or Ashville, North Carolina, you live in one of the great cities of the world - make the most of it. Its practically a sin if you don't!
In New York, where I chose to locate JHI's HQ, I am a subway ride from some of the most exciting entertainment on earth, and walking distance from several quick, pleasant distractions.
(The World-Famous ROCKETTES!!)
Whether its taking a few hours one evening to enjoy the spectacle of the world's greatest precision dance troupe at work, or a stroll through battery park after your afternoon nap, a brief refresher could actually increase the quality or your work while not severly limiting the amount of time available for work.
In addition to a bit of exercise, a proper diet doesn't hurt, either...
Taking an obscenely long lunch at a comfortable, but not too over-priced, local eatery may be just the ticket when looking for R&R opportunities that will make your thoughts sharper, more clear and faster but more thorough. You won't be able to send your client the bill, but perhaps you should given the subsequent improvement in your performance that results from taking a nice, relaxing breather...
("I wonder if they still serve those off-menu parmesean fries... ")
You can also combine business with pleasure. For example, in line with my loathing for winter, during the bitter months of January and/ or February, I am considering taking a tour of the Middle East and South Asia where the weather will be perfect at that time of year, to visit the Jeddah, KSA office as well as possible expansion points for JHI in the jurisdictions/ markets of the United Arab Emirates (Abu Dhabi & Dubai), Singapore and India.
Well, I gotta go - I've always wanted to date a Rockette and that's not going to happen by itself, nor will I be able to make it happen while sitting within the four walls of my office.
For now, remember: being good to others first requires that you be good to yourself. Although its easier said than done, "Don't Live to Work, Work to Live" - get back to living the life you intended to live when you started this journey. It comes down to good time management and shrewd prioritization. If you have run out of professional challenges, perhaps find one or two new challenges in your travels. And, there is one more thing that anyone can do, everyone should do more often, it doesn't cost you anything or require additional time, and if you do it more often, it can make a world of difference:
- Jason Huf
Tuesday, October 11, 2016
New York, NY
N. Mandela and How the "Soprano State" Doesn't Work in Africa, Either
Sep 27, 2016 6:21 PMOn the evening of September 22, 2016, Mr. Huf attended an event featuring Ndaba Mandela, Chairman & Co-Founder of the "Africa Rising" Foundation, and grandson of late South African President Nelson Mandela. Mr. Mandela was in New York during the Convening of the United Nations (UN) General Assembly and spoke at the New York City Bar Association on the Sustainable Development Goals (SDGs) vis-a-vis African states, particularly Goal # 16 (concerning Good Governance, Anti-Corruption and Rule of Law).
(Left to Right: Mr. Ndaba Mandela, Chairman & Co-Founder of the "Africa Rising" Foundation; and, Jason Huf)
Mr. Huf grew up in New Jersey, and has lived there for roughly half the sum total of his life thus far. He knows, first-hand, the economically and socially corrosive effects of political corruption, and the crippling effect a government that serves only to facilitate corruption can have on a state and the people who live in such a place.
That said, Mr. Huf limited himself to listening. After all, while lawyers may be at the bottom rung of the ladder among the governing class, lawyers are still part of the governing class. Mr. Huf thought it best to listen to - and learn from - someone who speaks for some of the people of the developing world who have been poorly served (and, often, downright exploited and oppressed) by those who govern their countries: "Far be it from me to tell him what he should want. He knows what he wants!", Mr. Huf later said of his interraction with Mr. Mandela.
More judges, better educational opportunities, and the like were offered up as being helpful tools in pursuit of SDG # 16. But, Mr. Mandela most strongly asserted that it was up to the people themselves, not judges appointed by corrupt dictators and oligarchs, to assert themselves and demand access to the clean water, medical treatment and other resources which are rightfully theirs.
He has a point - who would simply sit there watching their child die of a perfectly preventable disease and patiently wait for a UN team to swing by and, after some years, convince the multi-millionare colonel/ President of their otherwise poor country to suddenly have a change of heart and appoint honest judges and fly in doctors, food, agriculture & water treatment specialists instead of buying that third villa in Switzerland?
And, he makes that point with evident sincerity and passion, as one might expect given the heavy legacy he inherits from his iconic grandfather. The SDGs are ambitious and, if only because of that ambition, useful. But, absent people demanding responsibility for, and power over, their own futures, the progress that can be made toward the SDGs is likely somewhat limited.
Specifically, it does not seem possible to accomplish any of the SDGs without first making serious advances on SDG # 16, given the destructive and stifling effect bad governance and political corruption consistently have on factors necessary to achieve the other Sustainable Development Goals. Rule of Law is, quite simply, a must for any civilization to achieve real success, whether it be Sierra Leone, Nigeria, the Republic of South Africa, or New Jersey. And SDG # 16 is unlikely to be accomplished without the engagement of an affected population.
Mr. Huf expressed genuine pleasure over meeting Mr. Mandela and looks forward to similar opportunities as he tracks the progress of the SDGs at the UN as Representative (Observer) of a Non-Governmental Organization (NGO), particularly as and when such may impact the "corporate responsibilities" of companies doing business internationally.
The evening with Mr. Mandela was organized by the New York City Bar Association's UN Committee, which invited the New York County Lawyers' Association's (NYCLA) Foreign & International Law Committee to co-sponsor the event. As Co-Chairman of NYCLA's Foreign & International Law Committee, Mr. Huf hopes the success of this event provides the basis for establishing a model of cooperation between committees of different bar associations on synergetic issues of importance to the legal community and society more broadly.
New Jersey Senate Passes International Arbitration Bill
Sep 16, 2016 1:07 PMThe New Jersey (NJ) Senate, by unanimous vote, has passed Senate Bill 602, the "New Jersey International Arbitration, Mediation and Conciliation Act", sponsored by Senate Minority Leader Thomas H. Kean, Jr.A step in the right direction, if this bill becomes law as presently written, it would empower public research universities in the state to establish centers for arbitration and mediation, with such centers providing their own procedural rules.
Parties having a qualifying dispute would chose their own substantive law (with NJ law serving as the "gap filler") and would be able opt into such a center's procedural rules or any other set of procedural rules the parties agree to choose.A qualifying dispute would be one in which one or more of the parties is a non-US resident (individual or corporate) as defined by the bill, or when the property or other asset(s) in controversy are located outside of the United States, or when the underlying business relationship significantly concerns some foreign jurisdiction. Domestic commercial disputes may also be arbitrated or mediated at such a center, provided the parties expressly agree to avail themselves of such a facility in the dispute resolution clause of the underlying contract.Parties who elect to have their dispute heard before a panel or tribunal housed by an arbitration center in NJ would have to fully fund a bond equal to the amount of their exposure in the controversy. Additionally, the parties would be deemed to have voluntarily submitted themselves to the (in personam) jurisdiction of the courts of New Jersey upon the execution of their agreement to arbitrate in the state, but only to the extent required by the arbitration and enforcement its resulting decision.Having been passed by the NJ Senate, the bill now moves to the relevant committee of the NJ General Assembly.JHI will continue to track this legislation.
Observance of September 11 & Eid Al Adha Greetings
Sep 9, 2016 11:44 AMThis is one day of the year all of us set aside for remembering, but there is never a day when we forget.
As with dates officially deemed "National Holidays", JHI's New York HQ Office - per annual Firm tradition - will be closed for business this Monday, September 12, in observance of the 15th anniversary of September 11, 2001.Just as JHI is proud to perform work that may make some small contribution to what, some day, may be the development of a broad, self-sustaining middle class in the Middle East, JHI is honored to be a witness to the resurgence of downtown Manhattan. The Financial District's magnificent comeback is best symbolized by our neighboring Liberty Tower:
September 11 will be a day of remembrance and reflection for us all. JHI will resume offering high-quality professional services on Tuesday, September 13.JHI also wishes our many friends in the Muslim world a happy Eid Al Adha holiday. We would also like to advise clients and friends who do not observe this holiday to expect delays in certain services due to office closures - particularly banks and government offices - throughout the Middle East region during the holiday, which is scheduled to begin at sundown on Sunday, September 11.
Qatar's International Commercial Court
Aug 30, 2016 3:16 PM
As Co-Chairman of the New York County Lawyers' Association's (NYCLA) Foreign & International Law Committee, Mr. Huf enjoys the occassional pleasure of hosting some rather interesting guests.
Just this past March, the Foreign & International Law Committee welcomed the Honorable Gerald Lebovits, Justice of the New York Supreme Court in Manhattan and Adjunct Professor of Law at Columbia, Fordham and NYU. Justice Lebovits provided a presentation covering the Qatar International Court and the time he spent in Doha teaching local attorneys there.
JHI has briefly covered Qatar's Bifurcated Legal System in an earlier piece and we refer you to it for some of the bare bones basics.
Justice Lebovits, in addition to describing his teaching experience in Doha, discussed the history of Qatar's International Court (the Court) for hearing commercial disputes, the caliber of its personnel, its procedures and costs. He also discussed some of the decisions already rendered by the Court, where he participated as one of its distinguished Judges.
(Left to right: Clara Flebus, Co-Chair, NYCLA Foreign & International Law Committee; Hon. Justice Gerald Lebovits; and, Jason Huf)
Justice Lebovits pointed out, at length, what he viewed to be the efficiency of the Court relative to Arbitration facilities elsewhere in the Gulf region. The speed, cost and fairness of the proceedings made the Court, from his perspective, an ideal solution for Dispute Resolution and wondered aloud why parties did not avail themselves of the use of the Court more often in the dispute resolution clauses of their agreements.
Mr. Huf agrees that, on paper and based on performance thus far, the Court is an attractive facility. However, the Court was founded relatively recently (2009), and as an active international practitioner who focuses on the region, Mr. Huf made the point that attorneys might be more receptive to the idea of recommending the use of the Court to their clients after more data is at hand (that is to say, after the Court has adjudicated more disputes). Of course, with attorneys perhaps hesitating to suggest that their client be something of a new legal system's "guinea pig", it may take some time before such additional data is generated.
That said, you would be hard-pressed to find a lawyer in New York City who is as knowledgeable of the inner workings of the Court and the procedures it employs than Justice Lebovits. His entire presentation – including his positive view of the Court's cost and time-effectiveness – was well-informed and compelling.
JHI invites you to research the Qatar International Commercial Court and Dispute Resolution Centre and draw your own conclusions:
After all, as very good lawyers, aren't we always in search of the next "better idea"?
WARNING: Quitting Smoking Can Be Hazardous To the Health of Your Career
Aug 26, 2016 4:19 PMBy R. Jason HufYou're in control. You're paid to be in control. Its not just professional reputation and "image", its part of who you are (otherwise, that "image" would never fly and your professional reputation would be quite different).Now, you're no longer at an age when you're indestructible. You're in, say, your early 30s, you've started a family, and you have other concerns ranging from personal health to time management that supersede the importance of getting in that occasional puff, right?Time to quit smoking.Congratulations! You are now on the road to better health. Air will smell sweeter, food will taste better. You'll not have to blow 20+ minutes every two hours riding elevators just to go out into the cold wind and suck one down. You'll be here on earth longer for your loved ones. And, you've just said "Good-Bye" to being in control…
Those of you who are not smokers are going to write this off as fiction. After all, enjoying tobacco is no where near the same league as being a heroin addict, a coke head, or some kind of angry alcoholic who drinks whiskey for breakfast. On several levels, that's true. In any event, the following doesn't so much apply to you, so feel free to skip it. Now, for my fellow smokers…As someone who recently suspended his second serious attempt at quitting smoking, I'm confident that I speak with at least some minor amount of authority on this. My first attempt, years ago, ended with friends handing me cigarettes, calling me a pain in the derriere and more or less telling me to have a smoke and shut up. I like being "Mr. Nice Guy". Knowing I was being something of a monster, I took their advice.Years later, I am in my 40s, I have my own firm, I am unmarried, clients tend to trust me – I just about answer to no one. I am in as much command of all I survey, and my remaining future, as I am ever likely to be. This time it won't be quite so bad, right? WRONG.It was even worse. Let's face it, you are dealing with a highly addictive substance (both bio-chemically and psychologically), the use of which is deeply ingrained into your routine. While individual smokers are each going to react to nicotine withdrawal somewhat differently, talking with other smokers it seems not uncommon that (as happened in my case) every bit of good judgment you've ever had will go out the window, and you will say and do things that exemplify the exact opposite of your instincts. Its like being George Costanza – on crack."Water off a duck's back" is part of my very nature. I lived and worked in, according to many people, the first or second most stressful place on planet earth (no, not New Jersey – the Middle East) for years, and I had a great time.I find what I call "unnecessary drama" to be entirely repellant. I never understood it, it serves no useful purpose and it's a complete turn-off. For me, it is instantly revolting. And yet, just a few days after quitting smoking, I was the King of Unnecessary Dramas. Putting something into a microwave oven, setting it for two minutes, and then becoming visibly and verbally agitated because two minutes is actually taking two minutes makes no sense. Having the irrepressible, manic need to make sure someone – anyone – knows about your overwhelming sense of frustration, however, is worse than irrational. It is thoroughly obnoxious.If you've already lived this nightmare and don't wish to relive it, avert your eyes, (if you haven't already). If not, then picture if you will...You will lash out over the silliest things. Every matter great or small, real or perceived, will take on an urgency that one normally associates with a burning building. You will know that this lashing-out is a mistake, do it anyway and then feel embarrassed to the point of being disturbed by your own behavior almost immediately afterward. And then, just five minutes later, you'll be doing it all over again. Everyone in your orbit will suffer, including you.What this kind of bizarre behavior can do to your image, professional reputation and your career is obvious. And, to make matters worse, as lawyers, these brains of ours are what we work with – it's the most important tool in the shed. So, naturally, trying to bury yourself in your work as the storm passes seems a rather dangerous solution.
And, what about the ethical implications of insisting on continuing your work??That said, you still have to get stuff done. You can't isolate yourself. Moving into a cabin without access to electricity in northern Canada for two weeks and wrestling polar bears (or, whatever folks up there do for exercise) isn't an option. And, for those of you who remember the old TV show "Get Smart", I'm sorry to break this to you, but the "Cone of Silence" doesn't actually work…
You can't just quit quitting – that would be quitting! Another loss of control. The cherry on top of a monumental, multi-layered failure. If we were OK with failure, we wouldn't be lawyers.You had such high hopes and great confidence when you first decided to quit smoking. Now, you are in this terrible Catch-22. If you continue to ride this out, how much (more) damage are you likely to cause? But, you cannot allow the misery of the previous eternal week or two to have been in vain, and you simply cannot cave in and fail.Yes you can. Hanging your head in shame, you rush off to the store one evening, buy a pack of cigarettes, and before the night is out you have incinerated and inhaled half the contents of that pack. The next morning, you are back to smoking just as much as you used to smoke, and you are a Human Being again… A deeply ashamed one, and certainly a total failure. But, at least you're a member of the species once more.
And, you can always say that you had to smoke again in order to be compliant with the Rules of Professional Responsibility. No one will have anything to say once you hang your hat on that!Yes, I failed at this. Again…Well, its not failure if its a learning experience. I am not writing this to dissuade you, my friends and colleagues, from quitting smoking. I am providing a heads-up. We don't discuss this very often specifically because it is embarrassing, and it makes us sound weak.Based on what I've learned thus far, here are some (I hope) helpful tips on how to beat smoking without beating your career into a pulp and seeing many years of hard work and cool, reliable performance go down the drain:1. See a doctor before quitting. This little blog article is not comprehensive medical advice and I do not know the state of your health – withdrawal symptoms may vary from person-to-person, and you should seek qualified medical advice before making any serious health decisions. This isn't just the ordinary disclaimer from one attorney writing to other attorneys (although, that's in there, too). Visiting a doctor after you've started the process of quitting tobacco in the hopes of obtaining something that will help to mitigate the withdrawal symptoms is OK, but its better to see one before you start. Know as much about the current state of your health as you can prior to throwing yourself into the thresher.I will write more broadly about Work/ Life Balance in a subsequent piece. But, for now, if you are under the kind of exhaustion and tension commonly plaguing attorneys – if you are suffering from, say, extreme sleep deprivation, nervous exhaustion, dehydration, a wildly irregular heartbeat or are just plain constantly tired, then address that first. If you are taking in as much as three pots of strong coffee per day to make up for a consistent lack of sleep, then this may not be the best time for you to try quitting smoking.The bottom line is this: while it may sound counterintuitive, be in your best possible shape before you begin the process of quitting smoking.2. On the subject of finding something that actually helps with mitigating withdrawal symptoms, well, "Cold Turkey" ain't for everybody. It wasn't for me. That said, be mindful of the side effects of such aids (from appetite suppression to much worse). The most harmless thing seemed the gum, but I found it to be disgusting. More than one person suggested "Vaping". While I have seen may use it as a substitute, and with some success, I have yet to meet anyone who has since managed to give up the Vaping. I wouldn't look to swap one harmful vice for another, myself – even if the substitute is somewhat less harmful.Again, see a doctor and sort out exactly which aid(s) works best for you.3. If you do decide to go Cold Turkey, but reduce your daily intake of cigarettes before the appointed time of quitting in the hopes that the symptoms of quitting nicotine will not be so severe, then you may wish to give yourself more than a few days to deescalate. Trust me on this one.4. Finally, and as discussed, you cannot isolate yourself from civilization. But, you can do two things: a. let others know you are quitting; and, b. establish "buffers".Telling people you are quitting smoking is not setting yourself up for additional embarrassment in the event you fail (and, never be one of those who "Plan to Fail"). In fact, it may help them to understand your embarrassing behavior while you undergo withdrawal. At the very least, it will let them know to keep their distance, even if you personally lose sight of the importance of distance during this period.Buffers can help to maintain that distance, even as you manically attempt to lash out and inflict your new, alien frustrations on the entire human race. Work from home, if you can (and, technology makes it easier than ever). Limit your face-to-face appointments to the extent you can. Get someone else at the firm to do you a solid and appear at the court to file those motions for you during a particularly rough morning. Lock your phone in a desk drawer, check it at specific times. For emails and voice messages, put a minimum buffer time on your response, if one is required (and, during that time, consider what is actually required – do not say anything that is not required). While some of your work is bound to be time-sensitive and good response times are a must in our business, nothing is so super urgent that it can't wait for a few minutes. A measured response is always better than a weird one and, let's face it, your client isn't on Death Row waiting for that last-minute call from the Governor that's never going to come anyway.I hope that helps.In any event, now that I am smoking again and back to being my rock-solid, famously "Steady" self, I would like to apologize to all those I may have offended these past couple of weeks; and, apologize in advance to all those I may offend in the near future. Because, after I address a few health concerns stemming from that lack of Work/ Life Balance I referenced earlier, I am returning to quitting smoking.As I said, this latest attempt is merely suspended.For now, I'm going to go home, put up my feet, and light one up. I hope you enjoy your weekend as well.– Jason HufThursday, August 25, 2016New York, NY
Saudi Arabia's Vision 2030 & "Riyadh Day" at the UN
Aug 23, 2016 5:50 PMYou are about to see a rapid-fire (for this space, anyway) succession of as yet unpublished updates covering a period from Spring 2016 to present. We will start with an initial discussion of Saudi Arabia's "Vision 2030", touted as the most sweeping series of reforms in the Kingdom's history.In a nutshell, Saudi Arabia's Vision 2030 is a collection of planned economic and social reforms designed to construct a "Post-Oil" Saudi Arabia, in line with globally-held concepts of Sustainable Development. King Salman has invested his son, Deputy Crown Prince Mohammed bin Salman, with broad, sweeping powers to enable him, his advisors and other subordinates to design and execute these reforms between now and the target date of 2030.Within the stated goals of weaning the Kingdom (KSA) off of being an Oil-based economy and becoming an industrialized state, with greater Foreign Direct Investment (FDI), full employment for working-aged males, improved access to high-quality education, greater rights for women and a more liberal social structure generally, two items are immediately obvious: we are seeing Riyadh's intent to finalize the end the era wherein OPEC, the powerful cartel of oil-producing states, has been the world's definitive maker of oil policy; and, a rapid and intense military build-up intended to strengthen a block of states that includes the KSA, Egypt and the smaller Gulf States determined to withstand growing Iranian and Russian influence in the Gulf region following continued declining US influence and interest there and in the greater Middle East.While JHI is not a policy think tank, we feel it is important to know the backdrop and overall purpose of any upcoming reforms.Our principle concern is FDI, and the impact any reforms may have on the attractiveness of FDI in the KSA. This program is still young, so specific laws and regulations impacting FDI are not yet in effect. For the time being, there is nothing set in concrete that a law firm can dissect for the benefit of its clients.Therefore, in our typical less-than-modest fashion, JHI offers some suggestions on how to make FDI in the KSA more attractive to potential investors:1. The Corporate Income Tax should continue to be (gradually) lowered, and personal income tax should remain zero. Although declining oil revenues and their impact on the national government's budget needs to be addressed, increasing the number of companies investing in the KSA, rather than increasing the tax existing companies pay, seems the best way to address the current budget shortfalls giving rise to the KSA's national debt.2. Saudization is seen, by and large, as a form of tax by potential foreign investors. The best way to address the employment crisis in the KSA is not by compelling investors to hire Saudi nationals, but by making the hiring of them more attractive. Foreign investors ordinarily love to avail themselves of a local workforce – after all, importing staff and finding housing for them is pretty darned expensive! Many such imported workers do not know the language or withstand the culture shock very well. Unfortunately, fairly or unfairly, the idea of hiring Saudis is generally considered unattractive, thus the current Saudization requirements. Rather than increase these requirements, education should be improved and made more accessible, and a sense of work ethic (rather than entitlement) needs to be instilled in the Kingdom's youth. And, the world needs to actually KNOW of the existence of such an educated, hard-working labor pool – numbering in the millions, and proud of real accomplishment at the workplace. Do this, and Saudization will no longer be necessary at all.3. Make the process of obtaining a business license less burdensome and more efficient. Telling clients that it could take a minimum of six (6) months to obtain the necessary documentation before proceeding with business activity tends to be something of a turn-off for them. Additional agencies designed to steer and otherwise regulate foreign investment eases nothing and are simply additional "layers" of bureaucracy. Streamlining, rather than adding to, the process of licensing incoming businesses would be a productive step.4. Women's rights, and human rights generally, should be broadened – and, can be without offending the Kingdom's religious sensibilities or its historical traditions. It is much easier, on multiple levels, for a company to invest in a country whose culture is not the focus of controversial discussions centered around notions of equality and individual human dignity. Additionally, it is essential that people throughout the Kingdom feel some sense of "ownership" in their country and their respective futures (see, 2. above). They need to feel that their rights are being protected by their government, not denied. This isn't a call for the overnight imposition of Jeffersonian democracy. Quite the contrary: JHI asserts that the keys to unlocking a more liberal social structure (without rocking the stability of the KSA) lay within the old tribal and other cultural traditions of the modern Kingdom.5. The labor market, and the regulation of such, should be loosened, and greater rights should be provided to foreign "unskilled" laborers and household staff. As above (see, 4.), this is a matter of conscious for many potential investors, as well as foreign professional staff who visit the KSA.6. Banking reform is a must. The KSA is one of the most – if not the most – "underbanked" markets on the face of the earth. While new banks and fresh capital and competition need to be allowed in, stronger regulation and monitoring needs to be in place, giving rise to stronger internal compliance programs. While banking needs to be more readily available in the KSA, companies and governments around the world also need to have more confidence in the country's banks.7. For local and foreign companies alike, receivables can be something of a headache in the KSA. Its no secret that debt, and the collection of debt, can be problematic there. As the Kingdom undertakes judicial reform, it should continue to consider the importance of the confidence a company can have in the investment it makes in Saudi Arabia.8. One of the most crucial assets in play when investing in any country is a company's intellectual property. Intellectual property protections and anti-piracy measures need to be greatly strengthened, and quickly. It is important for any company (say, you sell shampoo and find yourself competing with a counterfeit knock-off of your product – that's not good), but when looking to attract high-tech industries, especially, it is absolutely fundamental that such companies have confidence that intellectual property worth hundreds of millions, perhaps billions, of US dollars will not be stolen from them and effectively rendered next to worthless overnight.These are eight basic principle points upon which JHI would like to see the building of any reform package affecting FDI in the KSA.JHI will track any concrete steps within this subject, and Mr. Huf hopes to learn more when "Riyadh Day" (its actually a week of symposiums, workshops and other such meetings), sponsored by the KSA's High Commission for the Development of Riyadh, is held at the United Nations in New York at the end of September.
Eid al-Fitr, July 4 & Medina
Jul 5, 2016 2:41 PMJHI wishes our many friends in the Muslim world a happy Eid al-Fitr. We hope you enjoy the celebration of the spiritual, intellectual and human growth you and your families achieved during the month of Ramadan, despite the challenges to peace and security during the Holy Month this year. We would also like to advise clients and friends who do not observe this holiday to expect office closures throughout the Middle East region during the holiday.JHI will continue its expansion in the region and hopes that, even as they mourn those lost this past week, the good people of Medina, Jeddah and elsewhere in the Kingdom celebrate God-given life and its highest pursuits.
In the United States, we celebrated the 240th anniversary of our Independence on July 4. These past several weeks have seen barbarity at its worst. With specific reference to the terrorist attack at Medina, we in the Land of Liberty, irrespective of faith, stand with and pray for the innocent victims of that atrocity. Everyone has a right to freedom from terror.
While the savage primitives of ISIS/IL are strongly suspected of coordinating the attack in Medina and other places throughout Saudi Arabia, no group as of the date of this writing has claimed responsibility and the motives of the suicide bomber in Medina are as yet unknown. It was nonetheless a murderous act of barbarity that the whole of the civilized world must reject. ANY "cause" served by the use of Terror as a tactic must, summarily, be deemed illegitimate.
Further, when terrorism is employed, the actors betray their so-called "cause" to be nothing more than a pretext for a war of conquest. This is the reality civilized people across the globe must face with the determination that any such enemy will be defeated and placed in history's rubbish pile, along with so many other would-be tyrants of the past.
Ramadan Mubarak
Jun 6, 2016 11:28 AMTo all of our friends around the world who observe the Holy Month, we at JHI hope that you and your families enjoy a meaningful period of dedication to fasting, reflection and prayer during these historically challenging times. May your loved ones take this holiday as an opportunity grow closer to each other, your neighbors, the less fortunate and the whole of humanity.
We wish you good health in the year ahead. Ramadan Mubarak!
April Showers Bring May Flowers
May 25, 2016 1:50 PM
By R. Jason Huf
Its been quite some time since JHI's last Note or Comment, but that doesn't mean that there hasn't been anything to write about. And, its certainly too much to write about all at once.
With Ramadan just around the corner, should the usual business cycle associated with the Holy Month and High Summer come about, I will make maximum use of the time and write more often:
April was a pretty busy month, inside the office and out. Saudi Arabia's "Vision 2030" was unveiled by Deputy Crown Prince Mohammed bin Salman on April 25. JHI will provide analysis of the KSA's plan for a "post-Oil" economy, and any changes to the laws of the Kingdom resulting therefrom. We will also continue to track legal developments elsewhere in the Gulf region.
Also, as UN Representative for an NGO, I enjoyed the opportunity of hearing United Nations (UN) Secretary-General Ban Ki-moon speak about the UN's Sustainable Development Treaty, the Sustainable Development Goals, and what the private sector (including the Legal Community) can do to help achieve those goals. This was followed by attending several open forums at the UN, and hosting a talk on 'Conflict Minerals' with an expert on the subject.
I also moderated two very successful Continuing Legal Education panels, one on the Foreign Corrupt Practices Act (FCPA) and the other an Ethics course on Attorney "Branding" for international practitioners.
Almost forgot! In March, I had the pleasure of hosting a New York State judge who discussed the Qatari Commercial Courts after returning from his experience teaching new, young Qatari lawyers in Doha.
More recently, after months of deliberations and conversations with colleagues and others I respect, I have come to a decision on JHI's future in the Middle East - and, beyond.
[ for some of the backstory, click here ---> ].
Further details concerning our expansion of capabilities and services, as well as the other topics outlined above, will be distributed in due course.
In the meantime, Happy Memorial Day -- enjoy the start of summer!
- Jason Huf
Wednesday, May 25, 2016
New York, NY
Huf Appointed Representative to the United Nations
Mar 1, 2016 5:43 PMBy R. Jason Huf
It is with great pleasure, and not without some sense of humility, that I announce my appointment as Representative (Observer) to the United Nations (UN) by the New York County Lawyers' Association (NYCLA), a Non-Governmental Organization recognized by the UN.Observers have access to certain sessions and other events covering a wide range of topics, and I hope to put this exposure to the best possible use of NYCLA and the legal community as a whole. Naturally, my own focus will be on the Middle East and topics important to those involved in the region, from Womens' Rights (and, Human Rights generally) to Banking, Energy, International Corporate Governmence and Trade.
Of course, I am not a "One Man Army" -- I am working
with a terrific team of dedicated professionals, and I
expect great results as we report back to our
colleagues on issues of importance to international
legal practitioners and other concerned classes of
This is an opportunity - and, an honor - that I am
committed to making the most of as our civilization
marches ahead into an age of rapidly-changing times that
may require some thought be put into changing legal
constructs.And, hey, you can't beat Fun...- Jason Huf
It goes without saying that I will provide a report or two via this space as well. Thank you for your continued interest.
Tuesday, March 1, 2016
New York, NY
JHI is Closing for the Holiday Season
Dec 22, 2015 10:19 AMThe Law Firm of JASON HUF INTERNATIONAL, pc (JHI) will close the doors of its New York HQ Office for the Christmas and New Year Holidays starting today, December 22, 2015 at 5:00pm.
JHI will resume regular business hours on Monday, January 4, 2016. As usual, because of necessary and prudent building security measures, office visits in 2016 will be by Appointment Only.
During the Holiday Season, the Jeddah office and the Khalil Khazinar Law Firm will remain open. In the event of an urgent matter arising during the Holidays, Mr. Huf can be reached directly by e-mail.
From everyone at JHI, Merry Christmas!! And, best wishes for a happy and prosperous New Year!
Office Closure: Papal Visit
Sep 22, 2015 1:14 PMDue to some of the logistical challenges associated with measures necessary to maintain security, regulate traffic and otherwise provide for the reasonably successful execution of Pope Francis' visit to New York City, the New York HQ Office of the Law Firm of Jason Huf International in downtown Manhattan will be closed on Thursday, September 24 & Friday, September 25.
The Jeddah office will be closed on Thursday for Eid Al Adha, and the weekend in Saudi Arabia consists of Friday and Saturday. However, Mr. Huf will be available via e-mail in he event his attention is needed.
Our office in the living heart of NYC's Financial District shall resume operations as normal (along with the rest of New York) on Monday, September 28. In the meantime, everyone at JHI sincerely hopes that Roman Catholics throughout the greater New York City area safely enjoy this rare and, we trust, meaningful visit by their Supreme Pontiff.
Saudi Banking Market to Open Up?
Sep 16, 2015 2:24 PMDuring King Salman's recent visit to Washington, DC, members of the Saudi delegation issued several announcements concerning planned commercial reforms and other developments that could prove significant to Foreign Direct Investment (FDI) in Saudi Arabia (KSA) as the Kingdom looks to broaden its economy at a time when low oil prices are projected to be the norm for the medium term. We will highlight some of the more significant announcements in this and subsequent notes.
While Saudi Arabia remains committed to continuing its current record-setting output of light sweet crude (one of the major factors contributing to low oil prices), the KSA is now facing projections of massive budget deficits and rapidly depleting cash reserves. Increased FDI, particularly from the United States, appears to be critical to the KSA's strategy for coping with the downsides of consistently low oil prices.
Reforms in the Arab world often begin with teasers that function as "trial balloons". This note will reference such a trial balloon floated by a Saudi official associated with the Deputy Crown Prince. In a closed door meeting with business leaders in DC, this official announced that the Kingdom is considering opening the Saudi banking market to permit entry of additional foreign banks - especially American ones - wishing to do business in the Kingdom. In additional to financing major projects, it is hoped that such banks would also cater to small businesses and individual depositors.
Even with the recent entry of a branch of a bank based in fellow Gulf Cooperation Council (GCC) Member State Qatar, Saudi Arabia is still seen as, perhaps, the most "under-banked" market in the world. To attract additional FDI, which has been in slight decline in recent years, some see the entry of additional Foreign banks and the capital they bring as critical. Entry by foreign banks based elsewhere in the GCC has been helpful, but it will take the power of additional American and other western banks to take a more broad-based growth to the next level.
Not stated, but understood, in this announcement is Saudi Arabia's desire that western powers continue to see that they have a stake in the stability of the Kindgom vis-a-vis its continuing conflict with Iran and, increasingly, Russia.
Of course, the devil is in the details: What will be required to gain entry? And, once in the market, how secure is a bank's investment in the Kingom and how will such a bank be regulated and taxed? How might such a venture impact an investing bank's legal and regulatory position at home?
JHI will continue to track the flight path of this trial balloon and let you know where it lands...
Happy Eid al-Fitr
Jul 17, 2015 1:11 PMJHI wishes our many friends in the Muslim world a happy Eid al-Fitr. We hope you enjoy the celebration of the spiritual, intellectual and human growth you and your families achieved during the month of Ramadan.
We would also like to advise clients and friends who do not observe this holiday to expect office closures throughout the Middle East region during the holiday.
Exploring the Boundaries of My Own Business
Jul 10, 2015 2:09 PMBy R. Jason Huf
When the Saudi government decided to ramp up the production of light, sweet crude oil and crash the price of it world-wide, the first thing most people in the United States (quite rightly) noticed was the sharp decline in the price of gasoline. It's the best break working people in America have enjoyed in a long time, and has generated economic growth that no artificial government "stimulus" program can ever hope to match.
Middle East practitioners like myself, on the other hand, immediately understood two things: 1. the increase in production was designed to dampen the profitability of energy projects, particularly by oil & gas producers in the United States – which, in turn, helps to continue to make the maintenance of stability in Saudi Arabia a priority for Western countries and their oil-dependent economies; and, 2. it was a direct attack against the cohesiveness of the Kingdom's arch-enemy, Iran, and some of its anti-Western allies such as Venezuela and, particularly, Russia (all three countries having economic models with price floors for oil that are unsustainable in the current environment).
Iran's desperate economic situation notwithstanding, they have lashed out and struck back on a variety of levels and are emboldened by recent victories in Yemen, Iraq and Vienna. Iran is increasingly aggressive in the region, and Saudi Arabia is feeling ever distant from the United States. As to the fear of a regional arms race stemming from the unabated existence of the Iranian nuclear arms program, such an arms race is already underway.
Keenly aware that the balance of power in the Middle East continues to swing in favor of Iran and that the United States is decreasingly interested in serving as the region's chief guarantor of security in the region, the Arab states may feel that they are in a desperate situation themselves. Let us not forget, that the despicable and barbaric terrorist organization ISIS/ ISIL was originally cobbled together with the support of Turkey and Qatar to serve as a hyper-radicalized Sunni buffer against encroaching Shia (Iranian) power. The Saudi move to create an oil supply glut and the joint Saudi/ Egyptian military operations against Iranian clients in Yemen seem, thus far, insufficient to halt Iranian momentum.
If the present trend continues, a direct region-wide conflict between Saudi Arabia, Egypt, Jordan, et al vs. Iran and Syria seems more likely, not less.
We live in an era when asymmetrical warefare that utilizes non-uniformed combatants targeting civilians to engender fear and instability so as to achieve a political or otherwise socially relevant end (e.g., "terrorism") has become a regular feature, turning cities well behind the lines of a given conflict into battlefields themselves. What do you do when you are a business that has invested in a region wherein the situation has become so uncertain?
Well, that depends on the industry you are in, how much risk you (and your insurance providers) are willing to absorb, and what kind of talent you think you can attract to work in such an environment.
As for myself, I remain committed to my relationship with Jeddah. The Jeddah office consists of local personnel, I have spent years developing my practice, and I have never been one to simply throw away the fruits of my own hard work. At present, my inclination is to stay the course.
In fact, having considered this contingency for some time, I am currently leaning toward expansion, rather than withdrawal. I feel it may soon become time to further live up to my firm's catch phrase - and, follow my natural instincts - and explore.
Whereas some firms may be examining their options on executing an exit strategy, I am exploring the possibility of expanding into new jurisdictions and expanding the range of assistance I can provide to Western companies that remain in the region.
As an attorney, your practice is client-driven. Some companies will stay, some will leave and new businesses will enter one or more Gulf Cooperation Council markets. There will continue to be a need for Western legal expertise working hand-in-hand with local practitioners throughout the region.
Perhaps more fundamentally, I am proud of the work I have done over the years. From assisting with Shari-ah-compliant finance to education reform, I have been a small piece of a small piece in the jigsaw puzzle of helping to foster an environment wherein one may someday see a broad-based, self-sustaining middle class in the Middle East.
This sense of accomplishment will be foremost on my mind as I look toward Exploring the Boundaries of My Own Business...
– Jason Huf
Friday, July 10, 2015
New York, NY
Ramadan Mubarak
Jun 18, 2015 11:55 AMTo all of our friends around the world who observe the Holy Month, we at JHI hope that you and your families enjoy, and gain real value from, the meaningful aspects of an entire month dedicated to fasting, reflection and prayer - especially during these somewhat unsettled times. May your loved ones take this holiday as an opportunity grow closer to each other, and humanity generally. We wish you good health in the year ahead.
Ramadan Mubarak!
Finding the Fountain of Youth in the Future of International Legal Practice
Apr 17, 2015 2:22 PMby R. Jason Huf
It has been a while! I haven't had much time for extraneous writing this year. However, there's nothing extraneous about this:
As Co-Chairman of New York County Lawyers' Association's (NYCLA) Foreign & International Law Committee, I was able to make time to accept New York Law School's (NYLS) gracious invitation to help organize and participate in a distinguished panel of international legal practitioners. A couple of weeks ago, we enjoyed sharing our experiences with some of NYLS's bright, internationally-minded students at their International Law Center in downtown Manhattan.
(Left to right: Professor Lloyd Bonfield, Director NYLS Center for International Law; Giulia Previti, Associate, Freshfields Bruckhaus Deringer LLP [New York]; Patrick Turner, Vice President and Assistant General Counsel, CBS Broadcasting; Jason Huf; Aurelie Bertoldo, JD Candidate - NYLS Class of 2016 & Honoroary Student Co-Chair, NYCLA Foreign & International Law Committee)
The panel on Careers in International Law was moderated by Professor Lloyd Bonfield and included Ms. Giulia Previti from the New York office of the globally renowned law firm Freshfield's; and, Mr. Patrick Turner, Vice President and Assistant General Counsel with the Law Depatment of CBS - and proud NYLS Alumnus.
I provided some career advice and shared some of my experiences as a legal professional working in the Middle East, particularly Saudi Arabia. However, the real "stars" of the panel were Ms. Previti and Mr. Turner - the insights they imparted to the students were pointed and profound.
For me, just as compelling as my fellow panelists (and, they had some terrific stories to share) were the students in attendance and NYLS itself. The Center for International Law, especially its Assistant Director, Mr. Michael Rhee, pulled out all the stops and extended every courtesy in hosting this event, displaying terrific organizational capabilities. And, as has been typical of past experience during my time in our profession, the current JD Candidates at NYLS in attendance impressed me as serious, but down to earth, hard-working professional scholars brimming with ambition and curiosity. I thoroughly enjoyed speaking with them, fielding their questions and otherwise interracting with them. I have no doubt that the future of the legal profession, particularly the future of US-based international legal practice, is in good hands at the NYLS Center for International Law.
Moments like my participation in this panel are among the most gratifying of my career. It never fails to renew my enthusiasm about being a member of the legal profession.
And, I would like to thank the Honorary Student Co-Chairs of NYCLA's Foreign & International Law Committee, Ms. Shabnam Hajain and Ms. Aurelie Bertoldo, both NYLS JD Candidates in the Class of 2016, for doing so much of the leg work to make this happen. In fact, if memory serves, the whole thing started as Ms. Bertoldo's idea (not surprising, as she is a student at a first-rate law school). My Committee Co-Chair, Clara Flebus, and I couldn't be more pleased with their intellect, committment and work ethic.
I only hope that they, and their internationally-minded colleagues studying law at NYLS, found our discussion at be least half as valuable as I found it enjoyable.
- Jason Huf
Friday, April 16, 2015
New York, NY
JHI is Closing for the Holiday Season
Dec 19, 2014 10:26 AMThe Law Firm of JASON HUF INTERNATIONAL, pc (JHI) will close the doors of its New York HQ Office for the Christmas and New Year Holidays starting today, December 19, 2014 at 5:00pm.
JHI will resume regular business hours on Monday, January 5, 2015. As usual, because of necessary and prudent building security measures, office visits in 2015 will be by Appointment Only.
During the Holiday Season, the Jeddah office and the Khalil Khazinar Law Firm will remain open. In the event of an urgent matter arising during the Holidays, Mr. Huf can be reached directly by e-mail.
From everyone at JHI, Merry Christmas!! And, best wishes for a happy and prosperous New Year!
Happy Eid al-Fitr
Jul 28, 2014 2:48 PMJHI wishes our many friends in the Muslim world a happy Eid al-Fitr. We would also like to advise clients and friends who do not observe this holiday to expect delays in certain services, and possible disruptions of projected time frames, due to office closures throughout the Middle East region during the holiday.
What the Frack, Dude?
Jul 18, 2014 4:10 PMUnless you are a fan of Battlestar Galactica, the word "Fracking" tends to have negative connotations. People don't necessarily like it, even without quite knowing that to which the word refers.Fracking is the colloquial term for Hydraulic Fracturing (which may sound ever scarier), a mining process by which a fluid solution is applied at high pressure against fissures in subterranean rock formations to facilitate the yield of valuable materials (usually oil, gas or coal steam) that would ordinarily be uneconomical, or otherwise impracticable, to extract. This process has been in use for over sixty-five years, and over 1 million wells employing such a system have operated in the continental United States alone during that period.While Fracking is not new, the technologies involved in both the Fracking process and in oil and gas exploration have improved to the extent wherein there are new uses that generate higher yields. Perhaps the most discussed new developments as of late concern the Marcellus Shale natural gas deposits.Focusing specifically on Fracking as it applies to the Marcellus Shale, in very basic terms: a well is drilled into an extraction site, and the hydraulic fluid is applied at great pressure against cracks in subterranean sandstone formations, allowing for the injection of a proppant that facilitates the release of natural gas particles (mostly methane), which then fill the well thereby making such gas available for extraction. The fluid solution employed in the Hydraulic Fracturing process generally consists of water (90%), sands (9.5%) and certain chemicals (0.5%).The chemicals conventionally used in such a solution tend to include methanol, hydrochloric or acetic acid (to clean the initial fissure), citric acid (to prevent corrosion), salts, glutaraldehyde (a disinfectant against bacteria), water-soluble guar gum and other viscosity control agents, ethylene glycol (to prevent the occurrence of scaling inside the pipes) and friction reducers. These chemicals sometimes vary and are employed to prevent bacterial growth in the water within a wellbore, facilitate and maintain operation of the well, and to prevent or otherwise mitigate the corrosion of the well casing (such well casings typically consisting of a polymer gel or foam).Recycled "flowback" water, liquid propane, carbon dioxide and other gases may be used to reduce reliance on water for this process, as the technology continues to change.Most of the discussion about the recent proliferation of Hydraulic Fracturing in the Marcellus Shale region revolves around the potential environmental impact. In addition to voicing worries over the possibility of increased seismic activity (earthquakes), many are concerned with the potential for pollution: the use of certain known carcinogens in the Hydraulic Fracturing process and, particularly, contamination of groundwater by methane gas via leaks in the wells after such wells are in operation.There is some scientific debate still ongoing as to which is more susceptible to leakage: Fracked wells or conventional natural gas wells. Currently, radioactive tracers and, increasingly, geophones are used to monitor Hydraulically Fractured natural gas wells once established. Unfortunately, much of the research and discussion on issues involving Hydraulic Fracturing and the potential consequences to the environment and our health has been ideologically motivated and politically charged. Thus, when seeking accurate information to become better educated about these legitimate concerns, well, the waters are somewhat muddied.That's disappointing, but should not discourage one from seeking more information (especially if you live in an area where Fracking is employed, or scheduled to be employed).The intention here is not to craft a scientific treatise or to present an academic paper. This little blog posting is not all-inclusive, but is merely intended to provide some basic facts on an often-mentioned, but little understood, word that has made its way into our vocabulary. JHI hopes it may well be a springboard for conducting your own research on the subject.Finally, this article certainly does not take any political opinion on the subject of Fracking – that can continue to be the domain of those who engage in politics for a living.
Its Fracking Summertime
Jul 9, 2014 3:37 PMBetween the July 4 weekend and other summer holidays, high summer in the Middle East, the holy month of Ramadan, and some sort of soccer tournament, we find ourselves in the unusual position of having a little free time here at JHI.As such, watch THIS SPACE: In the coming weeks, JHI will post a brief article right here in our Notes & Comments section on Hydraulic Fracturing (colloquially referred to as "Fracking").
Following Labor Day, JHI will publish a brief note on contracting with parties in Middle Eastern jurisdictions (in particular, Saudi Arabia (KSA) and the United Arab Emirates(UAE)); and, in a subsequent writing, JHI will share some thoughts on Arbitration Clauses when doing business internationally.
And, while there tends not to be many developments in the law anywhere in world during these summer months, JHI will continue to keep our eyes peeling concerning such developments as and when they affect Marcellus Shale Natural Gas, Charter Schools, Municipalities, Middle Eastern jurisdictions (particularly Gulf Cooperation Council jurisdictions), the law of Contracts, the laws of New York, New Jersey, Pennsylvania, the UAE (Abu Dhabi and Dubai) and the KSA, and business law generally.In the meantime, we would just like to wish all concerned a safe and happy summertime!
Ramadan Mubarak
Jun 27, 2014 11:50 AMTo all of our friends around the world who observe the Holy Month, we at JHI hope that you and your families enjoy and gain value from the meaningful aspects of an entire month dedicated to prayer and fasting. May your loved ones grow closer to each other, and humanity generally, during this time. We wish you good health in the year ahead.Ramadan Mubarak!
- Jason Huf
Mr. Huf Appointed Co-Chairman of Foreign & International Law Committee
Jun 5, 2014 12:33 PMJHI is pleased to announce that the Firm's Founder and Principal has been awarded the honor of serving as Co-Chairman of the New York County Lawyers' Association's (NYCLA) Foreign & International Law Committee, effective June 1, 2014."This is an exciting time for the Foreign & International Law Committee, and NYCLA generally. Jay (Safer) and Jacqueline (Wolff) have done a terrific job as Co-Chairs of the Committee over the last several years, and we have some pretty big shoes to fill. It is an honor to follow them, and I will do my level best."Continuing the tradition of hosting excellent guest speakers, and working with NYCLA to explore the offering of CLE programs designed for international practitioners, will be at the top of Mr. Huf's agenda.Mr. Huf assumes the Co-Chairmanship of NYCLA's Foreign & International Law Committee with his distinguished colleague, Ms. Clara Flebus. They will serve together for the 2014-17 term.
Marcellus Shale Legal Update: Land/ Natural Gas Owners Challenge Constitutionality of Forced Pooling
May 29, 2014 1:05 PMA few individual private parties owning rights to the Marcellus Shale Natural Gas beneath their land have succeeded in adding themselves as litigants in an action between an energy company and the Pennsylvania Department of Environmental Protection (DEP).In successfully inserting themselves as parties to a suit filed by Hilcorp Energy (to compel the DEP to approve more applications for horizontal drilling permits), five private land owners holding three affected parcels of land are seeking to have the court declare that forced grouping, or "Forced Pooling" violates the Constitution of the Commonwealth of Pennsylvania. As the additional drilling Hilcorp Energy seeks to perform partially depends on the enforcement of forced pooling, the court recognized the land owners as having standing and admitted their participation as parties to the case at bar.Forced Pooling is akin to the concept of "Eminent Domain", wherein the owners of mineral rights and other such natural resources are compelled to lease their rights along the same terms and conditions as their neighbors for economic reasons.The court's decision on the constitutionality of Forced Pooling will impact individual property rights in the Commonwealth of Pennsylvania and have economic repercussions across Pennsylvania and beyond. Also, regardless of the outcome, the court's decision is likely to trigger off a series of appeals, separate suits and legislation (as well as impact the current course of pending legislation) that could well shape the success or failure of the development of Pennsylvania's infant natural gas industry.JHI will continue to track developments affecting the rapidly changing Marcellus Shale legal landscape.
The City of Dreams, or the Emirate of Reality?
May 12, 2014 11:06 AMFrom time to time, a trial balloon is floated in one GCC jurisdiction or another concerning the imposition of a new tax, whether it be an individual income tax, corporate tax or a value added tax. The most recent of these is now floating over Dubai, which is still grappling with the residual effects of the 2008 crash while maintaining high levels of infrastructure spending.A prominent Emirati businessman based in Dubai publicly raised the idea of a corporate income tax in Dubai and voiced his general support for such an idea. This is easily to understand, given the depletion of Dubai's oil reserves, the reversal of 2008 and resulting cash crunch, and the Emirate's continued high level of spending. However, it would be somewhat akin to Killing the Goose that Laid the Golden Egg.Dubai rose up from the desert, transforming itself from a small trading post adjacent to Sharjah into the "City of Dreams", on the basis of its business-friendly laws, easy access to the oil-rich Gulf region, an unburdensome regulatory environment, quick access to financing and investment capital, and clever marketing revolving around the fact that the Emirate is Tax-Free.
While there are numerous government fees, paid annually, along with payments to sponsors, exceedingly high rental costs and other expenses one could say amount to a sort of taxation, companies and individual entrepreneurs from all over the world continue to flock to Dubai, drawn to the City of Dreams by the prospect of Tax-Free wealth. Imposition of a corporate income tax could threaten this influx and inspire existing businesses to relocate elsewhere in the Gulf. Even if such a tax were quickly repealled, reestablishing Dubai's image, carefully crafted and astutely marketed for many years, might be next to impossible. And, isn't the real "Dream" not quick wealth, but having a broad-based economy not entirely dependent upon oil in the very heart of the Gulf region?
If Dubai is the City of Dreams, the "Green Capital" of the United Arab Emirates, Abu Dhabi, has been the Emirate of Reality. With much of the UAE's energy resources, over half the country's population and land mass (much of it still undeveloped), and a very similar body of business law and regulations, and a robust banking industry, Abu Dhabi is also Tax-Free. Abu Dhabi may not be known for a miraculous boom of the sort that made Dubai famous, but it has enjoyed steady, broad growth that has withstood the 2008 crash.Today, and not accidentally, Abu Dhabi is a leading target for foreign direct investment. A corporate income tax in Dubai would not only enhance the relative attractiveness of Abu Dhabi to newcomers to the region, it might also encourage some of Dubai's existing businesses to take a two-hour drive and check out why the Emirate of Abu Dhabi is "green" in more ways than one.
Tracking Marcellus Shale Legislation
Mar 26, 2014 11:43 AMOn March 17, 2014, HB 1684 passed out of the Pennsylvania House of Representative's Environmental Resources and Energy Committee and now awaits the consideration of the whole House. The bill seeks to define the term "post production costs" and mandates that deductions by gas producers/ lessees of natural gas rights cannot deduct for post production costs to the extent that the net royalty paid on extracted gas is reduced to below 12.5%.In its current form, the bill would provide that royalties for unconventional wells would be calculated when the gas enters the commercial marketplace, as ownership of the gas passes on to an unrelated entity (an entity "at arms length"). In the event such receiving/ purchasing entity does not meet the definition of "unrelated", the lessee/ producer has the burden of proof in showing that the royalty generated is at fair market value.HB 1684 also provides for a 12.5 percent "Minimum". That is to say, post production costs cannot drive the royalty actually paid out after calculation to an amount below the 12.5 percent mark. And, such post production costs will have to be itemized for the benefit of the owner in accordance with the guidelines set forth in the legislation.While the bill would affect current as well as future lease agreements, it does not retroactively impact royalties already paid out. That said, this is especially important in light of a recent push to enforce "forced grouping" or "forced pooling" beyond the Utica region, into the gas-rich lands that are considered to fall within the Marcellus region.Forced Grouping is a something of a variation of eminent domain, wherein land owners who have not signed a deal to lease their gas rights are compelled to accept the deal given to a majority of their neighbors. The underlying reasoning is simple: Natural Gas is not segmented by the above-ground property line. This means "hold-outs" can effectively hijack economically useful and beneficial production on an entire deposit, absent some provision such as forced grouping.
Setting aside discussion of individual property rights vs the needs of society for the purposes of this one article, as a tangible matter the "fairness" of such compulsory grouping largely depends on the terms of the leasing agreements entered into by the majority of area landowners.The arguments for forced grouping revolve around the economics of energy, fostering and encouraging production and keeping prices down for the ultimate end-user. However, JHI believes that for the anticipated Marcellus Shale boom to be fully realized, the land owners who hold the rights to the gas beneath their feet must be full participants in such a boom.If it becomes law as presently drafted, this owner-friendly legislation will add greater credibility to gas producers/ lessees arguing in favor of the enforcement of forced grouping.While some folks are "hold-outs" for other reasons, in economic terms such might not necessarily be bad news for land owners who hold the rights to Marcellus Shale natural gas. If you are such an owner, know your rights. Gas producers/ lessees have top-shelf attorneys dedicated to pursuing the interests of these companies. You should have a high quality lawyer guarding your rights and interests.In light of this new legislation, talk with your neighbors about a common strategy for moving forward. JHI will continue to track developments in Pennsylvania law impacting the increasingly controversial and complex issues surrounding Marcellus Shale natural gas exploitation.
Judicial Reform in Saudi Arabia
Mar 6, 2014 1:38 PMThe government of the Kingdom of Saudi Arabia (KSA) recently announced its intention to establish training centers for judges. Such training centers will be administered by the KSA Ministry of Justice. This comes on the heels of King Abdullah's creation of 5,000 new judgeships in the KSA, and is accompanied by vocal opposition from the Kingdom's more traditional, conservative quarters.
For years, the commercial community in the KSA (both local and foreign) has expressed a need for greater transparency in Saudi courts. Procedurally and substantively, a perceived lack of predictability has resulted in a chilling effect on commerce in the KSA.
Arbitration clauses in contracts are of uncertain enforceability in the KSA, as senior judicial officials have, in the past, deemed such clauses to be "contrary to Shari'ah". Accordingly, irrespective of any arbitration clause in any business arrangement entered into, in the event of an irresolvable conflict between the parties one could reasonably expect such a dispute to be adjudicated before a Saudi court.
The uncertain enforceability of arbitration clauses and perceived unpredictability of the courts have combined to generate something of a chilling effect on investment in the KSA. Meanwhile, Gulf Cooperation Council (GCC) provisions that call for entities native to any GCC Member State to be treated as a local company by the governments of each of the other Member States have added to the investment boom in smaller Gulf countries such as Qatar and the United Arab Emirates: some companies enter those jurisdictions in the hope that, at some point, they might be able to access the much larger Saudi market without completely exposing their investment (or, their employees) to the Saudi legal system.
It is hoped by many in the commercial community that the addition of 5,000 new judges, uniformly trained in the enforcement of commercial and corporate law, will improve the overall business environment in the KSA by generating a greater sense of transparency and predictability in the courts.
The details are as yet unknown; and, conservative elements who view laws and their interpretation as coming from God, not precedent, statute or human beings generally, still have opportunities to oppose the establishment and effective administration of such training centers. JHI will continue to track such developments as they arise.
JHI is Closing for the Holiday Season
Dec 18, 2013 12:53 PMThe Law Firm of JASON HUF INTERNATIONAL, pc (JHI) will close the doors of its New York HQ Office for the Christmas and New Year Holidays starting today, December 18, 2013 at 5:00pm.
JHI will resume regular business hours on Thursday, January 2, 2014. As usual, because of necessary and prudent building security measures, office visits in 2014 will be by Appointment Only.
During the Holiday Season, the Jeddah office and the Khalil Khazinar Law Firm will remain open. In the event of an urgent matter arising during the Holidays, Mr. Huf can be reached directly by e-mail.
From everyone at JHI, Merry Christmas!! And, best wishes for a happy and prosperous New Year!
JHI Establishes Office in Saudi Arabia
Sep 17, 2013 3:36 PMThe law firm of Jason Huf International, pc (JHI) is proud to announce our expansion into Jeddah, Saudi Arabia through the formation of an Associated Firms relationship with the Khalil Khazindar Law Firm. The addition of a Jeddah office provides JHI's clients with reliable, experienced and ethical assistance "on the ground" in Saudi Arabia.
Further, the strategic alliance between Mr. Huf and Mr. Khazindar offers a powerful combination from which our clients can draw upon. Their total experience in the Gulf region, ethical approach to the practice of law and jointly held passion for crafting tailor-made legal solutions present a real opportunity for their clients with matters in the Middle East.
Mr. Huf and Mr. Khazindar share a commitment to extending to each and every corporate client - regardless of size - the kind of personalized attention your company expects and deserves. Accordingly, we are well-positioned to assist US companies looking to do business in Saudi Arabia.
Jason Huf International, pc
"Exploring the Boundaries of Your Business."