WILLIAM EUGENE JESSUP, J.D., LL.M.
PO Box ****, Duluth, Georgia 30096 United States of America
LinkedIn profile: www.linkedin.com/in/william-eugene-jessup-44955241
The research, writing and delivery of the argument appeal to me. I negotiate productively for my clients and assert their positions persuasively at trial in American and international courts, in contract and employment disputes, and in governmental agency investigations and proceedings. My contracts, advisory letters and memoranda help my clients to avoid litigation and reduce their exposure to legal and business risks. I assist decision-makers who confront the demands that domestic and international statutes and treaties impose upon individuals and companies. I advise my clients’ executives, employees and suppliers on the contract, corporate governance and regulatory compliance issues, which confront their business lines. I solve domestic and international taxation and employment problems; interpret and utilize antitrust/fair competition and trade regulations; and protect trade secrets and intellectual property and privacy rights.
EMORY UNIVERSITY SCHOOL OF LAW, Atlanta, Georgia Master of Laws in Taxation (LL.M.)
UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia Juris Doctor (J.D.)
Major Field of Concentration: International Law; Treatise: A Study of the Structure and Meaning of the Constitution of a People's Democracy (Democratic Centralism v. Federalism), submitted to Georgia Journal of International and Comparative Law. Phi Delta Phi.
EMORY UNIVERSITY, Atlanta, Georgia Bachelor of Arts in English (B.A.)
Dean's List Appointment in 8 of 12 quarters Honors Study Program, English Department, University College of North Wales, Bangor, Caernarvonshire.
Admitted, by examination, to State Bars of Georgia, Tennessee and Louisiana;
US Supreme Court, US Tax Court, US Courts of Appeal, District Courts and State Courts in and of Georgia, Tennessee, and Louisiana.
Law Offices of William Eugene Jessup, Attorney & Owner, Atlanta, Georgia and Duluth, Georgia 2014 -
Representing corporations, partnerships, and individuals in general practice, meeting civil and criminal law demands: handling matters of contract law and international trade, taxation, insurance, anticorruption & AML, antitrust, energy/ oil & gas, real property, admiralty, maritime and aviation law; banking and finance, licensing & IP protection, telecommunications, media and sports law, labor law, employee benefits, ERISA, health care regulatory law, and administrative law. Won US District Court decision for plaintiff-client against nation's largest union pension trust fund, meeting ERISA’s "arbitrary and capricious; Defended judgment successfully before US Court of Appeals for the Sixth Circuit. At Commissioner’s request, drafted" standard of proof Re: trustees' culpability for denying client's claim for contributions misappropriated by employer Players Agreement (employment contract) for Global Basketball Association and addressed enforcement and search and seizure issues in Common Law and Civil Code jurisdictions. (See Representative Engagements, infra.)
Bin Shabib & Associates LLP, Senior Attorney, Dubai International Financial Centre, Dubai (“DIFC”), UAE 2012-2014
Representing, advising corporations & individuals in Common Law & Civil Code jurisdictions: commercial and M&A matters; establishing and ending business entities (i.e., LLC, LLP, JSC, FZCO, et.al.); contract drafting, resolving disputes b/t shareholders, franchisors/franchisees; applying GCC treaties Re: judgments of courts of member states; meeting all legal needs of UAE government’s system of 20+ colleges; drafting corporate governance documents, real property sales/leases (e.g. JV Agreements, MOUs, SPVs, NDAs, et.al.) and RFP bids for governmental and NGE construction (EPC, FIDIC); drafting banking & finance contracts to enable oil & gas projects in GCC & MENA; drafting AML and FCPA-compliance documents (Re: FCPA, OFAC regulations, UK Bribery Act), demand letters and pleadings; licensing & IP protection: meeting legal needs of State-owned telecommunication clients; meeting legal and media needs of worldwide racing boat organization; facilitated registration of German appliance manufacturer with Saudi Food & Drug Authority (SFDA) to sell medical devices in KSA; facilitating franchised luxury clubs’ expansion worldwide; applying/interpreting UAE and UAE/GCC countries’ statutes/regs for securities/commodities exchanges, State-private entity partnerships, and clients’ ventures Re: labor & employment law, antitrust/competition, insurance, securitization, food & drug, and aviation law. (See Representative Engagements, infra.)
Al-Sarraf & Partners Law Firm, Senior Legal Counsel, International Division, Kuwait City, Kuwait 2010-2011
Negotiated and drafted contracts to facilitate the privatization of Kuwait’s state airline; Resolved Kuwait real estate company’s purchase dispute with UAE skyscraper developer (issues of attempted coercion of purchaser by deliberate contract misinterpretation & duress); Advised Kuwaiti distributor/agent of Japanese manufacturer of marine products on principal’s proposed replacement contract: delivered comprehensive financial, admiralty/maritime and antitrust/competition analysis; Advised electric power-generating and construction arm of (another) giant Japanese conglomerate on subcontractor’s EPC casualty/insurance liability; Advised American publisher/producer of on-line securities trading web site on Kuwait agency laws, licensing & IP protection; Drafted firm’s Comment on the Kuwaiti Parliament’s 2007 amendment to Income Tax Decree No. 3 of 1955, as amended by Law No. 2 of 2008. (See Representative Engagements, infra.)
Law Offices of William Eugene Jessup, Attorney & Owner, Augusta, Georgia and Kuwait 2004-2010 (See details, above, and Representative Engagements, infra).
Assistant City Attorney, Municipal Government, Macon, Georgia 2002-2004
Handled legal responsibilities of City Airports and lessees, enforced the Federal Aviation Regulations (“FARs”) and filed City’s license and grants applications with FAA, FTA and GDOT (aviation and road matters); represented Macon-Bibb County Centreplex and Coliseum, professional sports tenants, and City's Public Works Department. Advised separate Boards of Trustees of City’s Retirement Systems (pension/taxation law matters); drafted municipal Professional Occupation Tax statutes and other City Code
WILLIAM EUGENE JESSUP, J.D., LL.M., firstname.lastname@example.org, Page 2 of 2
ordinances; Negotiated and drafted procurement contracts, RFP’s, and real property sales, leases, and construction and demolition contracts with suppliers, lessees/tenants, buyers, architects and contractors; Redrafted City’s construction and demolition contracts (several of which had been published by the American Institute of Architects for adoption by architects and contractors) and nullified bias that they facilitated, which could have saddled City with great liability. (See Representative Engagements, infra.)
Litigation: Taxation & Labor/ERISA/ Benefits Crime Dispute: After pursuing all reasonable administrative remedies, I associated another attorney and filed suit in the US District Court against the Central States Southeast and Southwest Areas Pension Fund of the Teamsters Union (“the fund”). Its administrators had wrongfully denied my client’s claim. He had lost seven years of his pension contributions to his dishonest employer’s theft by conversion. To dissuade my client from filing suit, the administrators had betrayed their fiduciary duties, repeatedly imposing burdensome internal appellate procedures. They fought us to demonstrate that any attempt to challenge their authority would be futile. With persistent work, we overcame the fund’s substantial monetary advantage and won the suit that we filed in the US District Court, meeting ERISA's stringent "arbitrary and capricious" standard of proof. When the administrators appealed, we preserved our victory before the US Court of Appeals for the Sixth Circuit, in Cincinnati, Ohio.
Banking, Anti-Corruption Compliance (AML), IP protection, Supply Chain Logistics: Shortly after having joined Bin Shabib & Associates LLP (BSA), the law firm with which I practiced international law in Dubai, I drafted that firm’s Legal Opinion of the Dresdner Bank AG Account Opening Documents (DIFC + Switzerland). Our client was a Kuwaiti investment banking and financial services company. I examined and critiqued that bank’s “Client Profile and Anti-Money Laundering Questionnaires.” I detailed the insufficiency of the Bank’s references to the UAE’s “Federal Law No. 4 of 2012” (criminalization of money laundering) and the requirements of “the Regulatory Law and the AML module of the DFSA’s Rulebook”. The “DFSA” is the Dubai Financial Services Authority, the independent regulator of all financial and ancillary services conducted through the Dubai International Financial Centre (the “DIFC”), a UAE federal Financial Free Zone (“FFZ”). (The DIFC possesses its own laws and English court system. BSA was registered with the DIFC Authority and the DIFC Courts.)
State-Private Drilling Project: Cross-Border Financial Instruments, Energy (Oil & Gas), EPC, Vendors, Supply Chain, Logistics: Also at BSA, I drafted several loan agreements to work in tandem with several other contracts and enable our client, the borrower (DAO Al Jomaih Inc. FZE, and its Iraqi branch/subsidiary), to pursue and conclude contractual commitments with the Basra Governorate and the Government of Iraq and a chain of suppliers and vendors of transformers, turbines, and other machinery, which our client needed to facilitate two separate billion-dollar oil drilling operations.
Marine Products’ Agency Dispute, Distribution, Licensing & IP protection, Supply Chain Logistics, Admiralty: While practicing law with the Al-Sarraf & Partners law firm in Kuwait, I advised the Kuwaiti distributor of Yamaha Motor Company Ltd, the Japanese marine products’ manufacturer/principal, on its proposed replacement of its comprehensive distribution and operations contract, which it had attempted to impose on the Kuwaiti distributor (“our Client”). I drafted an alternative replacement contract that upheld our Client’s authority to act as an agent.
Online Computer Sales of Securities, Licensing & IP protection, Financial Services, et. al: In a piece of work that exposed some of Kuwait’s obstacles to the conducting of cross-border business, I advised an in-house attorney in the UK for Bloomberg Finance L.P. (“Bloomberg”). It wanted to provide potential customers in Kuwait with an interactive, financial advisory and stock-purchasing service. It needed to know if its online contract for electronic trading services would violate any Kuwaiti securities-regulation or contract laws. After interpreting Law No. 68 of 1980 (the Kuwait Commercial Law), and Law No. 36 of 1964 ("Regulating the Commercial Agencies”), and Law No. 31 of 1990 ("Regulating the Circulation of Securities and the Establishment of Investment Funds"), I concluded that the Kuwait regulatory authorities would likely characterize the client’s offering and sale of its advisory services in Kuwait as the marketing and sale of foreign investment products by private placement. Accordingly, I advised Bloomberg either (i) to establish a Kuwaiti company (whose capital would be owned, not less than 51%, by "those who hold Kuwait Nationality as a person or a legal entity"); or (ii) to appoint a Kuwaiti agent (the equivalent of Bloomberg’s named operating agent).
Telecommunications, Automobile Satellite Software, IP Protection: Shortly after having joined Bin Shabib & Associates LLP (BSA), the law firm with which I practiced international law in Dubai, I drafted the firm’s Legal Opinion and answered an extensive set of questions that another American attorney, who represented General Motors Company (“GM”), had posed to BSA. His questions anticipated GM’s introduction to the UAE of its OnStar pioneering safety & security platform, its SIM card mobile and voice and data services, and concerned telecommunications, data roaming, and machine-to-machine transmissions. That engagement required me to interpret and implement the Regulations of the UAE’s Telecommunications Regulatory Authority (TRA), the UAE Telecommunications Law, its Executive Order and the UAE National Telecommunications Policy, its Regulatory Policy-National Numbering Plan, and other related statutes. My research and interpretation enabled GM to make OnStar available to its customers in the UAE.
Ship Building & Operation (Oil Tanker), Admiralty, International Taxation, Insurance, Islamic Finance: While practicing law in Kuwait, I also acted for a consortium of international investors, including a Kuwaiti investment banking company, which charged to me to choose the appropriate Islamic banking tool to purchase and operate a giant oil tanker, which was being built in India and to be based in the UAE. In drafting the special purpose vehicle (or “SPV”), I chose the Ijarah lease facility as the best financial mechanism. Next, I compared the interaction of several countries’ maritime and taxation laws and chose to register (i.e., flag) the tanker in the Marshall Islands. Its laws served best to maximize the client’s profits, by optimizing the tax efficiency of the client’s supply chain and by enabling the chosen financial instruments to achieve their security objectives. I satisfied the consortium.
State-Private Construction Project: Power Generation, Insurance & Real Property Dispute: In Kuwait, I also advised representatives of Mitsubishi Electric Company (MELCO) in its insurance dispute with a Kuwaiti subcontractor. MELCO had contracted with the Kuwait Ministry of Electricity & Water to construct a multimillion-dollar electricity-generating substation. The dispute concerned the assessment of liability and responsibility for obtaining casualty insurance, as defined by several interdependent contractual agreements, which addressed calamities such as two fires, which gutted the construction site.
Securities & Option Contracts (Wealth Management): At BSA, I also acted for the Abu Dhabi office of the White & Case law firm and drafted the BSA firm’s Legal Opinion, which demonstrated how put and call option contracts, when drafted correctly, would be considered valid and enforceable under UAE law. I detailed the step-by-step transfer mechanism and structure for drafting and implementing such option contracts, in relation to UAE company shares (for both LLC’s and Private JSC’s). (Please request the name of the White & Case Partner to contact about this engagement and others.)
Commercial Real Property Dispute: Curtailing of Dishonest Activities Re: Dubai Office Tower: In Kuwait, I also represented Rimas Capital Real Estate Company, which had purchased a floor in one of Dubai’s opulent twin Hydra Towers. The sellers had attempted to abuse a sales contract provision, which had been inserted to enable the buyer and seller, without having to rescind their contract, to resolve disputes over relatively small discrepancies. The sellers tried to use this provision as a hammer to impose more than a 65% increase in the square footage that my client had agreed to buy. If my client failed to discharge this alleged “obligation” promptly, the sellers threatened to convert the installment payments, hundreds of thousands in AED, which my client had already made. To avoid my lawsuit and its civil and criminal sanctions, the sellers quickly met my settlement demands.
Kuwait Income Tax Amendment (Law No. 2 of 2008): While practicing in Kuwait, I also drafted the Al-Sarraf & Partners law firm’s Comment on the Kuwaiti Parliament’s 2007 amendment to Income Tax Decree No. 3 of 1955, as amended by Law No. 2 of 2008.
Franchising, International Agency Laws, Licensing & IP protection: Among other franchising work, which I handled while practicing with BSA, I drafted the corporate documents that opened up Shanghai and the China “territory” for Cavalli Clubs International and Roberto Cavalli S.p.A. con socio unico.
Education: Real Property, Licensing & IP protection, Publishing & Software, Telecommunications, Labor/Employment, Vendors, et. al: Also at BSA, I met all of the extra-court (and pre-litigation) legal needs of the Higher Colleges of Technology (HCT), the UAE government’s network of more than twenty college institutions. I negotiated and redrafted HCT’s employment agreements, contracts with publishers of textbooks and educational software (such as John Wiley & Sons), real property purchase and lease agreements, insurance contracts, and contracts with on-campus food and service vendors and manufacturers of fire extinguishing systems. I also negotiated and redrafted HCT’s contract with Etisalat (Emirates Telecommunications Corporation) for the installation and monitoring of Etisalat’s Emirates Energy Star System, its managed energy, machine-to-machine system, designed to reduce service costs across HCT’s several campuses. (Please request the name of the HCT officer to contact.)
PUBLICATIONS (Partial Listing)
Employee Benefits Journal, Vol. 9, No. 2. Constitutional Challenges to Procedures of Withdrawal from Multiemployer Plans.
Cumberland Law Review, Vol. 14, No. 2. TEFRA, Deferred Compensation and the Choice of the Business Status. Republished by Westlaw (Computer law library of Thomson-West Publishing Company).
ADJUNCT TEACHING POSITIONS
University of Tennessee at Chattanooga (University of Tennessee System): Adjunct Professor of Legal Environment of Business (Summer Quarters 1995 and 1996).
Clayton College and State University School of Business (University System of Georgia): Adjunct Professor of (Taxation and Deferred) Compensation (Fall Quarter 1993) and Labor Law and Employee Relations (Winter Quarter 1993).