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Luis M. O'Naghten
Luis M. O
Partner 
Chair, International Litigation & Arbitration Practice
One Southeast Third Avenue
25th Floor
Miami, FL 33131
 
Tel:
305.982.5687
Fax:
305.374.5095
 
 

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Luis M. O'Naghten's primary area of practice is international complex commercial litigation and arbitration. He has represented parties in disputes before United States courts and before international arbitration panels (under ICC, AAA/ICDR, and UNCITRAL rules) in a wide range of disputes, including matters in the United States, and several countries in Latin America and Europe. Luis has provided advice to major international banks, United States and foreign multinational corporations, energy companies, foreign sovereigns and parties adverse to foreign sovereigns, and companies involved in maritime disputes. His practice focuses on international financial frauds, energy, construction and telecommunication disputes, and corporate commercial disputes.

Luis is a member of the ICC Commission on Arbitration, the ICC Task Force for the Revision of the ICC Rules, chair of the USCIB's Arbitration Florida Sub-Committee, and is a fellow in the Chartered Institute of Arbitrators. Luis also teaches a course on Federal and State Arbitration at the University of Miami School of Law, and a class on International Arbitration at Universidad Panamericana (Mexico). He is fluent in Spanish and has handled arbitrations in that language.
 
Representative Experience
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Sole arbitrator in an ICC arbitration between U.S. distributor of petroleum equipment and Columbian energy company involving several millions of dollars in dispute.
 
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Representation of an Ecuadorian business entity against an American company in a multimillion dollar dispute regarding amounts owed for the production of energy.
 
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Representation of Carimex, LLC, a contractor, in connection with disputes with the Government of the British Virgin Islands in connection with a project to construct a new, 150,000 square foot hospital facility in Road Town, Tortola, BVI.
 
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Representation of a purchaser of over $46 million in Nigerian oil bonds, in litigation filed in the federal district court in New York, for breach of contract and negligence for failure to deliver warrants that were to be delivered along with the bonds.
 
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Representation of a foreign affiliate of a Fortune 100 defense contractor in an ICC arbitration venued in Madrid, Spain against an agency of a sovereign state with respect to a contract for the repair of two submarines.
 
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Appointed as Sole Arbritrator by the ICC in a Spanish language arbitration venued in Miami, Florida involving a $27 million line of credit dispute.
 
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Co-arbitrator in an ICC arbitration venued in Mexico City, Mexico between a US entity and a Mexican corporation regarding the development of a hotel.
 
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Representation of Codisa Software Corp. in an arbitration administered by the ICDR regarding the sale of software.
 
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Representation of Exim Brickell in a federal court lawsuit against an agency of the Venezuelan government alleging over $70 million in damages for breach of contract.
 
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Representation of Andesat SA-EMA in an ICC arbitration against a Brazilian satellite operator with respect to the breach of an agreement for the indefeasible right of use (IRU) of a transponder on a satellite.
 
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Representation of Viracon in a federal court lawsuit in Puerto Rico and a lawsuit in the Dominican Republic regarding the laws protecting local distributors.
 
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Representation of The Ethanol Corporation in a dispute regarding the breach of an agreement to provide fuel.
 
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Served as President of ICDR Arbitration tribunal (Spanish language) in a dispute between a Panamanian company and a United States corporation over the propriety of payment under a surety bond.
 
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Representation of PriceSmart in federal court and in an arbitration governed by UNCITRAL Rules against a Central American bank with respect to a claim of over $100 million resulting from the termination of the banking relationship.
 
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Representation of Road America, a Mapfre subsidiary, in a AAA arbitration against an English corporation claiming over a million dollars resulting from a dispute regarding proper revenue recognition issues.
 
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Representation of Samsung in a $30 million dollar dispute with Mexican distributor of cell phones. Representation included obtaining discovery in the United States pursuant to 28 USC sec. 1782 and coordinating litigation efforts with Mexican counsel.
 
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Representation of El Paso Gas Company in an ICDR arbitration against Brazilian promoter claiming $20 million dollars resulting from the termination of development and power purchase agreements.
 
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Representation of Bennington Group in an ICDR arbitration regarding the improper termination of a scrap metal contract.
 
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Representation of J&S Development Corp and Bradford Truck and Welding Equipment in Federal Court in St. Croix, US Virgin Islands regarding the improper termination of a contract for the demolition of an aluminum plant.
 
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Representation of Wall Street Securities, the principal shareholder of the Hipodromo de las Americas in Panama, in an ICDR arbitration against a provider of gambling equipment.
 
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Representation of the President of Banco Popular del Ecuador, in his individual capacity, in a $192 million dollar RICO lawsuit brought by the Republic of Colombia alleging the misappropriation of tax revenues in connection with a bank fraud scheme spanning three countries. Litigated significant issues regarding lack of subject matter jurisdiction by virtue of the improper extra-territorial use of RICO statute. This lawsuit later became the subject of a book published in Colombia titled, "Los Farsantes, Banco Andino: el fraude que nunca existió."
 
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Representation of Grupo Magico and a Mexican multinational corporation in United States federal court against Mexican claimants attempting to enjoin the opening of a $50 million dollar children's theme park.
 
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Representation of the Republic of Argentina on two occasions. First, in a claim alleging the massive conversion by the Republic of Argentina of computer equipment. Subsequently represented Argentina in matter concerning a $20 million complaint alleging tortious interference with multiple contractual and business relations. Both cases dealt with the Act of State Doctrine as well as the Foreign Sovereign Immunities Act.
 
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Representation of Corporación de Fomento de la Producción (CORFO) an instrumentality of the Republic of Chile with respect to the theft of $110 million dollars by a Chilean financial investment group. Representation entailed leading the recovery efforts outside of Chile.
 
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Representation of Coastal Power Corporation in a dispute, (ESI, Inc. v. The Coastal Power Corporation and La Casa Castro, S.A.), over the interest in the income generated in the largest private investment to date in El Salvador.
 
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Representation of El Paso Corporation with respect to litigation resulting from different results obtained in litigation conducted in the Dominican Republic and a related ICC arbitration proceeding.
 
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Representation of court-appointed receiver in connection with SEC judgment for disgorgement of $2.4 million from Friendly Power Co., a boiler-room operation, and participated in return of assets to defrauded investors.
 
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Representation of Trivest affiliate, Dyno Corporation, in two week arbitration proceeding regarding the attempted cancellation of distribution agreement.
 
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Representation of State Farm Insurance Company in statutory arbitration proceedings to set homeowner's insurance rates.
 
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Representation in defense of a developer, Inversiones la Rioja, in an ICC arbitration venued in Lima, Peru in a construction dispute over a major hotel in Lima.
 
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Representation of the Spanish Broadcasting System in various lawsuits, including defending the President and Chairman of the Board.
 
Awards & Recognition
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Chambers Latin America 2014, Ranked for International Arbitration
 
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Chambers Global 2014, recognized as a "Leaders in their Field" for International Arbitration (Latin America-wide)
 
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Super Lawyers Magazine 2014, Listed in Florida for International Arbitration
 
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Daily Business Review, Most Effective Lawyer in Arbitration and Mediation, Winner, 2013
 
Published Works & Lectures
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International Comparative Legal Guide: International Arbitration, 2014 Edition, Co-author, Latin America Overview
 
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Fourth Annual ICC Asia-Pacific Conference, Moderator, "Highlights on Jurisprudence: The latest on the approach on the approach of US Courts and Hong Kong Courts in enforcing international arbitration awards," Seoul, Korea, 2014
 
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Eighth Annual Latin American Conference on Arbitration, Speaker, "Arbitration myths" Cuzco, Peru, 2014
 
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Practical Law, Interview, "Expert Q&A on the ambiguities of 28 U.S.C. §1782," June/July 2014
 
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Third Annual LACBA & ICDR International Arbitration Conference, Moderator, "Challenges and Issues with bias and culture in international arbitration," Los Angeles, California, 2014
 
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New York Law Journal, Author, "New York and Miami: Two International Arbitration Venues Likely to get more Active," March 30, 2014
 
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Eighth Annual Latin American Conference on Arbitration, Moderator, "Does arbitral jurisprudence exist?" Lima, Peru, 2014
 
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Spanish Arbitration Club, Speaker, "Recent developments regarding 1782 applications in support of international arbitrations," Miami, 2014
 
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World Services Group conference, Speaker, "Miami as a center for commercial disputes involving Latin America," Miami, 2014
 
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Eighth Annual ICC New York Conference, Speaker, "International Perspectives on the Status and Use of Mediation," New York, New York 2013
 
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Consultoría Jurídica del Poder Ejecutivo's seminar "La Solución de Controversias Derivadas de Contratos", speaker "The Arbitral Tribunal," "The Arbitral Process," and "The Arbitral Award," Santo Domingo, Dominican Republic, 2013
 
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US Latin America Legal Summit, Moderator, "Different perspectives: the views of States, Investors, Arbitrators and Arbitral Institutions regarding arbitration in Latin America," Miami, 2013
 
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Barcelona Bar Association's International Arbitration Congress, Panelist, "Arbitration in Engineering and Construction: Calculating Damages in Construction Arbitration," Barcelona, Spain, 2012
 
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Seventh Annual Latin American Conference on Arbitration, Speaker, "The Role of Lawyers: What You Should and Should Not Do," Lima, Peru, 2013
 
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Institute for Transnational Arbitration's Winter Roundtable, Moderator, "Is There a Role For Summary Adjudication in International Arbitration," Miami, 2013
 
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CAM/CANACO's Foro: Jóvenes En Arbitraje, Speaker, "Practica de Pruebas en el Arbitraje Internacional: Las Nuevas Reglas de la IBA Sobre Pruebas," Mexico City, Mexico, 2012
 
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Academia Mexicana de Derecho Internacional Privado y Comparado, AC, XXXV Seminario de Derecho Internacional Privado y Comparado, Panelist, "Cooperación Procesal Internacional: Mecanismos de Asistencia en los Estados Unidos," Mexico City, Mexico, 2012
 
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The Florida Bar's 10th Annual International Litigation and Arbitration Conference, Panelist, "Hot Topics in International Arbitration," Miami, 2012
 
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Chartered Institute of Arbitrators, Speaker, "Accelerated Route to Fellowship (International Commercial Arbitration)," Santiago, Chile, 2012
 
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International Comparative Legal Guide to: International Arbitration, Author, "A Long Road Travelled; A Long Road to the Journey's End," 2012
 
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The International Law Quarterly, Co-Author,"Taking Evidence in International Arbitration: The New IBA Rules," Spring 2011
 
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International Commercial Arbitration Symposium (Miami Law - Business Law Review & International and Comparative Law Review), Panelist, "Current Trends and the Future of International Commercial Arbitration," Miami, 2012
 
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VI Congreso Latinoamericano de Arbitraje, Panelist, "Arbitration in the Construction, Mining and Telecommunication Sectors," Lima, Perú, 2012
 
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Miami International Arbitration Society, 2011 Membership Meeting, Speaker, "The New ICC Rules of Arbitration," Miami, 2011
 
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ICC 9th Annual Miami Conference, Panelist, "Arbitrating Telecom Disputes in Latin America," Miami, 2011
 
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Academia Mexicana de Derecho Internacional Privado y Comparado, AC, XXXIII Seminario de Derecho Internacional Privado y Comparado, Panelist, "Práctica de Pruebas en el Arbitraje Internacional: Las Nuevas Reglas de la IBA Sobre Pruebas," Colima, Mexico, 2010
 
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The Florida Bar's 8th Annual International Litigation and Arbitration Conference, Panelist, "International Discovery and U.S.C. § 1782," Miami, 2010
 
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ABA Section of International Law, 2009 Fall Meeting, Moderator, "Effective Use of American Discovery Methods in Disputes Before Foreign Courts," Miami, 2009
 
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Trial.com Litigation Management Supercourse, Speaker, Emerging Responsibilities of In-house Counsel, "Nuts and Bolts of International Arbitration," Laguna Beach, California, 2009
 
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The Georgia Bar Annual Section of International Law Conference, Moderator, The 3 D's of International Dispute Resolution - Dealing, Drafting, Dispute Resolution, "Drafting and Litigating International Dispute Resolution Clauses," Atlanta, 2009
 
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The Florida Bar's 7th Annual International Litigation and Arbitration Conference, Panelist, "A Domestic Litigator's Guide to International Discovery," Miami, 2009
 
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Hispanic National Bar Association Mid-Year Conference, Panelist, "Advancing Together: How In-house Counsel and Outside Counsel Can Help Each Other and their Clients," Miami, 2009
 
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ICC 6th Annual International Commercial Arbitration in Latin America: The ICC Perspective, Moderator, "Investor/State Arbitration: Contract vs. Treaty Claims," Miami, 2008
 
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The Florida Bar's 6th Annual International Litigation and Arbitration Conference, Panelist, "Anti-Suit Injunction," Miami, 2008
 
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Seminario de La Cámara de Comercio e Industria de El Salvador (Centro de Mediación y Arbitraje) y el Interamerican Bar Association (IABA) sobre: Arbitraje Nacional e Internacional: Solución de Conflictos, Speaker and Panelist, "Nuevas corrientes en el arbitraje internacional bajo las normas de la CCI," San Salvador, 2007
 
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Camara Nacional de Comercio de la Ciudad de Mexico (CANACO), Panelist, "Ofrecimiento y desahogo de pruebas en el arbitraje," Mexico City, 2007
 
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Convención Anual de la Asociación Nacional de Abogados de Empresa, A.C., (ANADE), Panelist, "Mesa de Análisis sobre Medios Alternos," Monterey, Mexico, 2007
 
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5th Annual International Arbitration Conference (ICDR), Moderator, "Tertulias: Roundtable Discussion" Session, Miami, 2007
 
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Construction Superconference, Panelist, "Risk Management and Dispute Resolution: The Latin American Experience;" Author, White Paper, titled "Calvo's Comeback -- Implications for International Arbitration in Latin America," San Francisco, 2006
 
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Comisiones de Derecho Civil y de Derecho Internacional de la Barra Mexicana, Speaker, "§ 1782 as a Tool to Obtain Evidence for Use in Mexican Courts," Mexico City, 2006
 
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Academia Mexicana de Derecho Internacional Privado, Speaker, "International Arbitration - An American in Mexico City," Mexico City, 2006
 
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Universidad Panamericana, Speaker, "International Arbitration - An Overview," Mexico City, 2006, 2007
 
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The Florida Bar's International Litigation and Arbitration 4th Annual Update, Moderator, "Challenges in Representing the Foreign Sovereign," Miami, 2006
 
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CANACO (Mexico Chamber of Commerce), Panelist, "Descubrimiento de Pruebas en Arbitrajes Internacionales," Mexico City, 2005
 
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The Florida Bar's International Litigation and Arbitration 2nd Annual International Arbitration Update, Panelist, "Discovery in International Arbitrations," Miami, 2004
 
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Association of Corporate Counsel North Florida Focus, Author, "Responding to Patent Trolls," Q1 2013
 
Professional Memberships & Activities
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International Chamber of Commerce, ICC Commission on Arbitration, Member
 
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International Chamber of Commerce, ICC Task Force on the "Revision of the ICC Rules," Member
 
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Chartered Institute of Arbitrators, Tutor and Assessor
 
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Chartered Institute of Arbitrators, Fellow
 
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USCIB Arbitration Committee, Florida Sub-Committee, Chair
 
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Institute for Transnational Arbitration, Advisory Board, Member
 
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American Bar Association, Section of International Litigation, Member
 
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International Bar Association, Sections on International Litigation and International Arbitration, Member
 
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University of Miami School of Law, Adjunct Professor
 
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University of Miami Law School, Spanish Language Moot Arbitration Team, Coach
 
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Universidad Panamericana, Master of Law Program, International Arbitration, Adjunct Professor
 
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Belen Jesuit Prep School, Board of Advisors, Member
 
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Lowe Art Museum, University of Miami, Momentum Campaign Committee, Member
 
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Lowe Art Museum, University of Miami, Cuban Art Advisory Group, Co-Chair
 
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Order of Malta, Cuban Association, Chancellor
 
Other Languages
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Spanish
 

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Luis M. O'Naghten

Practice
Litigation
Representative Clients
AndeSat SA-EMA
Bradford Truck and Welding Equipment
Coastal Power Corporation
Corporación de Fomento de la Producción (CORFO)
Dyno Corporation
El Paso Corporation
El Paso Gas Company
Grupo Magico
Inversiones la Rioja
PriceSmart
Republic of Argentina
Road America
Samsung Electronics America
Samsung Electronics Mexico
Spanish Broadcasting System
State Farm Insurance Company
The Ethanol Corporation
Viracon
Wall Street Securities
Education
J.D., Columbia University School of Law, 1986
B.S.F.S., Georgetown University, 1983; International Economics
Bar Admissions
Florida
 
 
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