Stephen Díaz Gavin
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Stephen Díaz Gavin is a Partner in Rimon's Washington, D.C. office and coordinator of Rimon’s Affiliation Network with Studio Legale Palmieri in Rome. Mr. Díaz Gavin combines legal acumen and litigation experience with public policy advocacy skills to help a diverse range of clients, both international and domestic, in dealing with legal and policy issues facing them in the United States and overseas.
Mr. Díaz Gavin specializes in international litigation and arbitration, including sovereign representation. In addition, for more than 30 years, he has represented companies and individuals in matters before the Federal Communications Commission. Over the years, he has also advised foreign governments and foreign government entities on issues involving various aspects of relations with the United States.
In addition to work for his international clients, Stephen also advises domestic clients in the energy, communications, and technology fields on various legislative issues. He also has led teams on administrative and civil litigation matters, including appellate cases, for clients in varied fields.
In the communications sector, Mr. Díaz Gavin has advised clients on FCC regulatory matters, including administrative litigation, license application and enforcement matters, as well as state regulatory proceedings. In addition, he has served on several occasions as an expert witness on FCC practice and procedure.
Mr. Díaz Gavin has also advised foreign sovereigns on investigation of spending and wrongdoing by officials.
Successfully briefed and argued appeal before the U.S. Court of Appeals for the D.C. Circuit on behalf of Crow Creek Sioux and Omaha Tribe of Nebraska , in which the court vacated and remanded the decision of the Federal Communications Commission that had eliminated tens of thousands of proposed wireless antenna sites from review for impact under National Historic Preservation Act and the National Environmental Policy Act. United Keetoowah Band of Cherokee Indians v. F.C.C., __ F.3d __ (Slip Op. Case No. 18-1129, Aug. 9, 2019).
Settlement of major litigation brought against Republic of Croatia by leading investment bank regarding debts of Socialist Federal Republic of Yugoslavia (2015).
Co-leader of legal team defending claims brought against the Republic of Croatia before the International Centre for the Settlement of Investment Disputes by MOL Hungarian Oil and Gas Plc (2013-14).
Working on behalf of the Republic of Croatia before Appellate Chamber of the International Criminal Tribunal for former Yugoslavia (“ICTY”) in Prosecutor v. Ante Gotovina, Case No. IT-06-90-A (November 12, 2012), advised the Government on the case and was lead counsel for the Government before the Appellate Chamber in the case, which resulted in reversal of the Trial Chamber and successful outcome for Croatia (2011-12).
Obtained removal of foreign national from Office of Foreign Asset Control Specially Designated National List when OFAC failed to remove him 14 months after legal basis for being on list expired. Gotovina v. U.S. Dep't of Treasury, Case 1:14-cv-00016-ESH (D.D.C. 2014).
Representing Bloomberg L.P. before the Federal Communications Commission in connection with claims of competitive harms arising out of merger of Comcast with NBC Universal. Comcast Corp., General Electric Co., and NBC Universal Inc. For Consent to Assign Licenses and Transfer Control of Licenses, 26 FCC Rcd 4238 (2011) and subsequent complaint when Comcast failed to grant relief. Bloomberg L.P. v. Comcast Cable Communications LLC, 27 FCC Rcd 4891 (MB 2012), clarified, 27 FCC Rcd 9488 (MB 2012), aff'd in pertinent part 28 FCC Rcd ___ (FCC 13-124, released September 26, 2013).
- Coordinated team representing Banco Dominicano del Progreso, S.A. and its shareholders in cases in Florida and the Dominican Republic to recover assets stolen by its former president. Banco Dominicano del Progreso v. Pedro Castillo (11th Judicial Circuit in and for Miami-Dade County), aff'd sub nom. 6-F Corporation v. BDP International Finance Corp., 29 So.3d 352 (2010) (Fla. Ct. of App. 2010), including successful defense of forum non-conveniens claim.
- Birch Broadcasting, Inc. v. Capitol Broadcasting Corp., 13 A.3d 224 (N.H. 2010): Successfully argued that trial court correctly held that where contract is ambiguous, trial court can consider extrinsic evidence to show parties' intent.
- Pliva, d.d. v. Baxter International, Inc., 2004 WL 20391 (N.D. Ill.): Developed and led strategy on behalf of major Central European firm that resulted in 2004 in successful defense against U.S. jurisdiction challenge on grounds of forum non-conveniens by the U.S. defendant.
- Served as de facto lead negotiator for Catholic humanitarian organization in negotiations with the Government of Cuba
- Developed and implemented strategy that permitted the settlement of years' old litigation in Central America and the U.S.
- Negotiated on behalf of U.S. Telemetry Corp. a complicated settlement of litigation involving two U.S. bankruptcy courts, U.S. Department of Justice, the FCC and private parties.
- Led team that developed and carried out strategy for successful suspension by Congress of import tariff on behalf of major utility company holding company operating the largest nuclear power plant in the U.S.
- Damsky v. F.C.C., 199 F.3d 527 (D.C. Cir. 2000): Successful defense of challenge to agency decision approving settlement of lengthy administrative litigation.
- Developed strategy and led team that successfully lobbied for amendment of Communications Act that permitted settlement of numerous cases long held up at the FCC.
The matters described above are examples of the experience that Stephen has gained during and/or prior to his tenure with the firm.
- Federal Communications Bar Association
- Former Member, National Advisory Committee, Republicans Abroad
- Former Member of the Board of Directors, Holy Family Hospital of Bethlehem Foundation (2007-2013)
- Member, Camera dei Conti (Board of Auditors), Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta (Order of Malta) (2009-2014)
- Former Member of the Board of Directors, San Miguel Middle School, Washington, D.C. (2007-2012)
- Former Member (2007-2009), Board of Directors, Project SHARE Food Network, Washington, D.C. Awards
- Former Chairman and Member of the Board of Directors, The Catholic Youth Organization of Washington, D.C. (1997-2003)
- Delegate for an international election observer mission for the Republic of Bulgaria parliamentary election (1997).
- Recognition of Service Award from the Catholic Youth Organization/Office of Youth Ministry, Archdiocese of Washington, in recognition of two terms as Chairman of the Board of Directors (2003).
- "AT&T's Multibillion Dollar Purchase Of Time Warner Might Fail For Not Involving FCC," Mondaq, Commercial Law. (January 23, 2018). Author: Stephen Diaz Gavin
- “First Joint Consultations Will Go Far in Determining Effectiveness of Privacy Shield,” Thompson Reuters Cyberspace Lawyer, Vol. 22, Issue 9 at 4 (Oct. 2017). Co-Author: Stephen Díaz Gavin.
- Telecommunications Survey, New Faces, Same Old Problems," Legal Times (October 1997). Co-Author: Stephen Díaz Gavin.
- "Legislative Outlook, Still Working the Telecom Line," Legal Times (February 1997). Co-Author: Stephen Díaz Gavin.
- "Intelligent Transportation Issues," Technology Committee, Annual Meeting of the International Bridge, Tunnel and Turnpike Association (April 2000). Keynote Speaker: Stephen Díaz Gavin. Publications
News, Events, & Insights
Incoming European Commission Leadership Will Continue to Examine Tax Arrangements Aggressively
Insights October 02, 2019
Rimon clients, Crow Creek and Omaha Tribe, win DC Circuit ruling against FCC on small cell builds
News August 12, 2019
Update on EU Election Results Suggest Tougher Regulatory Climate for US Firms Doing Business in Europe
Insights July 05, 2019
Rimon’s Stephen Diaz Gavin Argues in DC Circuit Court of Appeals in the United Keetoowah, et al. vs. F.C.C. Case
Insights April 03, 2019
Rimon Representing Crow Creek Tribe of South Dakota and the Omaha Tribe of Nebraska in their Opposition to the FCC’s 5G Exemptions
Insights October 19, 2018
Marriott’s Costly FCC Fine Shows that Licensing Issues May Lurk in Non-Telecom Transactions
Insights September 11, 2018