Stephen Díaz Gavin

Stephen Díaz Gavin has been a Partner in Rimon’s Washington, D.C. office since 2016. He 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 complex litigation, general legal questions and regulatory policy issues facing them in various industry sectors in the United States and overseas.

Mr. Díaz Gavin has worked extensively in international disputes on behalf of private parties and sovereigns, including litigation and arbitration matters.  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, for more than 35 years, Mr. Díaz Gavin has represented telecoms companies and individuals in regulatory matters before the Federal Communications Commission and U.S. courts.  His work experience includes administrative litigation, license applications, enforcement matters, and state regulatory proceedings. In addition, he has served on several occasions as an expert witness on FCC practice and procedure.

Mr. Díaz Gavin also advises clients on matters related to international economic regulation, including U.S. sanctions policies, as well as various legislative issues.

REPRESENTATIVE MATTERS

• Lead counsel for transportable antenna operators in challenge before the U.S. Court of Appeals for the D.C. Circuit of Federal Communications Commission decision to repurpose C-band satellite spectrum for use by 5-G wireless carriers. PSSI Global Services, L.L.C. v. Federal Communications Commission, 983 F.3d 1 (D.C. Cir. 2020).
• 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., 933 F.3d 728 (D.C. Cir. 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).
• Represented 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 14346 (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.
• 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.

MEMBERSHIPS

• Chairman, Board of Trustees, Richard Dulin Foundation for Goodwill industries (2019-present; member, 2000-present)
• Law360 Telecommunications Editorial Advisory Board (2020-present)
• 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

• 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).