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DECEMBER 20, 2015 |
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 Lawrence
Kogan is the
managing principal
of the Kogan Law
Group and president
and CEO of the
Institute for Trade,
Standards, and
Sustainable
Development.
(Licensed in New York, New Jersey and Washington, DC)
Direct E-mail Contact:
lkogan@koganlawgroup.com
Lawrence Kogan possesses more than 25 years of
international business and law experience counseling public and
private clients on cross-border transactional, planning and policy
matters, enabling recognition of the legislative, regulatory,
policy, and trade and investment risks and opportunities their
activities may engender. Since 2003, he has briefed U.S. industry
and various U.S. federal agencies, executive offices and
congressional committees concerning how emerging foreign
environmental, health and safety, and intellectual property laws,
regulations and technical product standards are impacting U.S.
business' profitability, technological innovation and international
competitiveness.
To serve the broader interests of these constituencies, in 2004, he
established a New Jersey-based nonprofit legal research, educational
and advocacy organization (the Institute for Trade, Standards and
Sustainable Development (ITSSD)). The ITSSD is a globally recognized
NGO for reporting and analysis of the growing influence of evolving
foreign and international public interest rules on private property
rights and the American free enterprise and common law systems.
These educational initiatives led to his serving, during 2007, as
part-time Adjunct Professor of International Trade Law & Policy at
Seton Hall University's Whitehead School of Diplomacy and
International Relations, and to his ongoing participation in U.S.
and foreign industry, university and government. He is also an
established author with numerous internationally referenced
peer-reviewed articles appearing in U.S. and foreign law, economics,
and policy editions, journals, and news media publications.
Prior to engaging in his currently focused international law and
policy work, Lawrence served as General Counsel and Chief Operations
Officer of an affiliated group of U.S.-based textiles products
manufacturing and import-export firms. While functioning in these
capacities, he was responsible for U.S. and foreign product
procurement, manufacturing, logistics and division sales operations;
he also negotiated, drafted and oversaw product and intellectual
property licensing, product representation/distribution, finance and
insurance arrangements, and managed the integration of once distinct
businesses. He also worked as a senior attorney within the tax
departments of two international public accounting firms,
specializing in international corporate income and excise tax and
international trade (customs) transactional, planning and compliance
issues on behalf of multinational clients operating in the
manufacturing, electronics, banking, insurance, publishing,
advertising, and resort sectors.
Lawrence earned his Masters in Taxation at Georgetown University Law
Center, and is a graduate of The University of Miami School of Law
and Boston University’s College of Liberal Arts, where he earned a
Bachelors of Arts in Philosophy/Political Theory.
Supplementary information about Mr. Kogan is accessible
here.
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Setting the Record
Straight About Our Kerr Dam Lawsuit and Turkey |
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By Lawrence A. Kogan,
Esq. |
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As the readership of
the Western Ag Reporter may recall, on September 2, 2015, my law
firm filed suit against the Federal Energy Regulatory Commission (FERC)
and the U.S. Department of Interior (DOI) on behalf of two Montana
State Senators and a Montana-based recreational enterprise. The
action challenged the administration’s historical condition-free
conveyance of Kerr Dam to the Confederated Salish & Kootenai Tribes
(CSKT). As the result of this filing, my co-counsel, a former
Defense Department Inspector General, and I were taken to task by
the
national <
http://bigstory.ap.org/article/d91798968349400bb20782604ca65dea/lawsuit-montana-dam-transfer-tribes-security-risk
and local press.
As the direct result of this reporting, we counsels and our clients
had been castigated by the U.S. State Department and by the
local liberal press
http://missoulian.com/news/opinion/columnists/honor-the-salish-kootenai-and-drop-the-kerr-dam-lawsuit/article_05f4b35f-38c9-50c1-beed-25a334dd08ef.html
as racially biased and conspiracy minded. This eventually caused our
clients to seek voluntary withdrawal of this action, but without
prejudice. However, as subsequent publicly available facts have come
to light, it has become more apparent that our lawsuit had actually
struck a sensitive chord within the Obama administration by publicly
exposing highly questionable policies that officials preferred
remained covered up.
Our lawsuit alleged that said transfer had been deceptively achieved
via a public hearing-free process and procedure, a series of
numerous substantive FERC-approved nonpublic DOI amendments of the
Kerr Dam operating license, and key FERC regulatory waivers. These
included waivers of dam acquisition, license transfer, safety
inspection and public reporting and transparency-related regulatory
requirements which arguably endanger the public welfare and safety
of northwestern Montana residents. The lawsuit also questioned the
sensitive national security clearances granted to the CSKT to assist
the U.S. military services in undertaking uranium mill tailing spill
cleanups and rendering software-based logistical support in
procuring parts for the Saudi Arabia and other foreign air forces.
Moreover, our lawsuit questioned the motivations underlying the
Government of Turkey’s outreach to 14 federally recognized tribes,
including the CSKT, and, in particular, Turkey’s direct lobbying for
a DOI-oversight-free reservations leasing law. Our lawsuit also
alleged that the CSKT and other HEARTH Act-approving Native American
tribes were naively supportive of Turkey doing business on their
reservations. Furthermore, our lawsuit surmised that Turkey and the
internationally recognized terrorist groups it is known to harbor
could have intentions inconsistent with U.S. national interests –
e.g., the potential building of madrassas and spreading Islam among
Native Americans and the potential pursuit of materiel for nuclear
weapons.
Since its filing, however, subsequently discovered publicly
available information concerning the Obama administration’s Turkey,
open borders, and greater tribal sovereignty policies and
initiatives sheds new light on the allegations contained in our
prior lawsuit. In an effort to set the record straight about our
Kerr Dam lawsuit and its Turkey-focused allegations, a knowledgeable
colleague and I recently prepared a web-accessible working paper
entitled,
Highly Questionable Turkey, Open Border & Greater Tribal Sovereignty
Policies Together Undermine U.S. National Security
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2704179 .
This working paper endeavors to relate the national
security-oriented facts and allegations contained in our prior
lawsuit to subsequently discovered publicly available information
concerning this administration's Turkey, open borders, and greater
tribal sovereignty policies and initiatives. It then cross-analyzes
these otherwise distinct and separate policy areas to show how their
implementation together serves to undermine U.S. national security
and the security of all Montanans.
We invite the editors of the Western Ag Reporter and its multi-state
readership to review our working paper and to judge for themselves
whether, based on such information, reasonable persons can conclude
that our prior lawsuit’s allegations against Turkey were rather
prescient, and that, consequently, U.S. national security and the
security of Montana’s and other states’ irrigators are being greatly
undermined.
Lawrence Kogan
Lawrence A. Kogan, Esq.
The Kogan Law Group, P.C.
100 United Nations Plaza
Suite #14F
New York, NY 10017
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